background image

743 

Federal Aviation Administration, DOT 

§ 152.423 

(1) Require each of its aviation-re-

lated activities (except construction 
contractors), employing 15 or more per-
sons, to annually submit to the sponsor 
the reports required by paragraph (c) of 
this section, on the same basis as stat-
ed in paragraph (c) of this section, and 
shall cause each aviation-related activ-
ity to require its covered suborganiza-
tions, with 15 or more employees, to 
annually submit the reports required 
by paragraph (c) of this section 
through the prime organization to the 
sponsor, for transmittal by the sponsor 
to the FAA. 

(2) Annually collect from its aviation 

related activities employing less than 
15 employees, and transmit to the FAA 
an aggregate employment report, that 
includes the employment of sponsors 
with less than 15 employees, on an 
EEO–1 or any superseding EEOC form. 

(e) Each sponsor shall require each of 

its construction contractors on its air-
port, with a contract of $10,000 or more, 
which is not subject to E.O. 11246 and 
the regulations of the Department of 
Labor (DOL), to submit to the sponsor, 
at the conclusion of the project, a com-
pliance report on a form provided by 
the FAA and a statistical report on a 
DOL Form 257 or any superseding DOL 
form. For projects exceeding six 
months, the sponsor shall require a 
midway compliance report. The spon-
sor shall submit these reports to the 
FAA. 

(f) Each sponsor shall cause each of 

its construction contractors on its air-
port to require each of the contractor’s 
subcontractors, with a subcontract of 
$10,000 or more, which are not subject 
to E.O. 11246 and the regulations of the 
DOL, to submit the reports required by 
paragraph (e) of this section to the 
prime contractor for submission to the 
sponsor. The sponsor shall transmit 
these reports to the FAA. 

(g) Each organization required to pre-

pare an affirmative action plan for the 
FAA under this subpart shall update it 
annually and as changed circumstances 
require. Each organization that has 
prepared a plan in compliance with the 
requirements of another Federal agen-
cy or a State or local agency, shall up-
date it in accordance with the require-
ments of that agency. 

§ 152.417 Monitoring employment. 

(a) Each grantee shall allow the FAA 

Office of Civil Rights to monitor its 
equal employment opportunity compli-
ance with this subpart through on-site 
reviews and desk audits. Reviews or au-
dits will include the records submitted 
under § 152.415. 

(b) As it deems necessary, the FAA 

Office of Civil Rights will conduct on- 
site or desk audits of covered aviation 
related activities on airports. 

§ 152.419 Minority business. 

Each person subject to this subpart is 

required to comply with the Minority 
Business Enterprise Regulations of the 
Department. 

§ 152.421 Public accommodations, serv-

ices, and benefits. 

Requirements relating to the provi-

sion of public accommodations, serv-
ices, and other benefits to beneficiaries 
under Title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d 

et seq.

) and part 

21 of the regulations of the Office of the 
Secretary of Transportation (49 CFR 
part 21) implementing Title VI are 
made applicable, where appropriate, to 
nondiscrimination and affirmative ac-
tion on the basis of sex or creed, and 
shall be complied with by each appli-
cant for assistance and each grantee. 

§ 152.423 Investigation and enforce-

ment. 

(a) 

Complaints. 

Any person who be-

lieves that he or she has been subjected 
to discrimination prohibited by this 
subpart may personally, or through a 
representative, file a complaint with 
the Director of the Departmental Of-
fice of Civil Rights. A complaint must 
be in writing and filed not later than 
180 days after the date of the alleged 
discrimination, unless the time for fil-
ing is extended by the Director. 

(b) 

Investigations and informal resolu-

tions. 

The Departmental Office of Civil 

Rights will make a prompt investiga-
tion whenever a complaint, compliance 
review, report, or any other informa-
tion indicates a possible failure to 
comply with this subpart. The proce-
dures in 49 CFR part 21, augmented as 
appropriate by the investigative proce-
dures of part 13 of this chapter, will be 
followed, except that— 

background image

744 

14 CFR Ch. I (1–1–24 Edition) 

§ 152.425 

(1) Compliance with a regulation of 

the Department applicable to minority 
business enterprise will be investigated 
and enforced through the procedures 
contained in that regulation; and 

(2) Except as provided in paragraph 

(c) of this section, allegations of non-
compliance with regulations governing 
equal employment opportunity of an-
other Federal agency or a State or 
local agency, will be referred, for inves-
tigation and enforcement, to the Fed-
eral agency or, in the discretion of the 
Departmental Office of Civil Rights, to 
the State or local agency. 

(c) When the FAA (under section 30 of 

the AADA) and another Federal agen-
cy, a referral agency recognized by the 
Equal Employment Opportunity Com-
mission, or a court have concurrent ju-
risdiction over a matter— 

(1) If the other agency or court 

makes a finding on the record that 
noncompliance or discrimination has 
occurred, the FAA will accept the find-
ing, and determine what sanctions or 
remedies are appropriate under section 
30 as a result of the finding, after per-
mitting the party against whom the 
finding was made to be heard on the de-
termination of the sanctions or rem-
edies; or 

(2) If it appears that delay, through 

referral to another agency, will result 
in the continued expenditure of Federal 
funds under this part without compli-
ance with this subpart, the Secretary 
may— 

(i) Investigate the matter; 
(ii) Make a determination as to com-

pliance with section 30; and 

(iii) Impose appropriate sanctions 

and remedies. 

(d) Nothing in this section shall pre-

clude the Director of the Departmental 
Office of Civil Rights from initiating 
an investigation when it appears that 
the investigation of the complaint may 
reveal a pattern or practice of dis-
crimination or noncompliance with the 
requirements of this subpart in the em-
ployment practices of a grantee or 
other covered organization. 

§ 152.425 Effect of subpart. 

Nothing contained in this subpart di-

minishes or supersedes the obligations 
imposed by Title VI of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d), Executive 

Order 11246 (42 U.S.C. 2000e (note)), or 
any other Federal law or Executive 
Order relating to civil rights. 

Subpart F—Suspension and 

Termination of Grants 

S

OURCE

: Docket No. 19430, 45 FR 34792, May 

22, 1980, unless otherwise noted. 

§ 152.501 Applicability. 

This subpart contains procedures for 

suspending or terminating grants for 
airport development projects and air-
port planning. 

§ 152.503 Suspension of grant. 

(a) If the sponsor or planning agency 

fails to comply with the conditions of 
the grant, the FAA may, by written no-
tice to the sponsor or planning agency, 
suspend the grant and withhold further 
payments pending— 

(1) Corrective action by the sponsor 

or planning agency; or 

(2) A decision to terminate the grant. 
(b) Except as provided in paragraph 

(c), after receipt of notice of suspen-
sion, the sponsor or planning agency 
may not incur additional obligations of 
grant funds during the suspension. 

(c) All necessary and proper costs 

that the sponsor or planning agency 
could not reasonably avoid during the 
period of suspension will be allowed, if 
those costs are in accordance with ap-
pendix C of this part. 

§ 152.505 Termination for cause. 

(a) If the sponsor or planning agency 

fails to comply with the conditions of 
the grant, the FAA may, by written no-
tice to the sponsor or planning agency, 
terminate the grant in whole, or in 
part. 

(b) The notice of termination will 

contain— 

(1) The reasons for the termination, 

and 

(2) The effective date of termination. 
(c) After receipt of the notice of ter-

mination, the sponsor or planning 
agency may not incur additional obli-
gations of grant funds. 

(d) Payments to be made to the spon-

sor or planning agency, or recoveries of 
payments by the FAA, under the grant 
shall be in accordance with the legal 
rights and liabilities of the parties.