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251. <br />..f this part on projects receiving Federal <br />titan ial assistance under the programs of <br />reri.a.n Department of Transportation oper- <br />a� :ng administrations: <br />i 1) Frderal Aviation Administration. (i) <br />Tire airport ",ponsur or any of his lessees, con - <br />rp.sionwres. or contractors may not differ- <br />entiae between members of the public <br />hecause of race. color, or national origin in <br />furnishing, or admitting W. waiting rooms, <br />passenger holding areas, aircraft tledown <br />areas, restaurant facilities, restroorKs, or fa- <br />rtlit :e; operated under the compatible land <br />u,e concept. <br />(it) The airport sponsor and any of his <br />lessees, eonceszlonalres, or contractors must <br />Wler lu all members of the public the same <br />degree aiid type of service without regard <br />to race, color, or national origin. This Yule <br />applies to fixed base operators, restaurants, <br />snack bars, gift shops, ticket counters, bag - <br />gage handlers. car rental agencies, limousines <br />and taxis franchised by the airport sponsor, <br />insurance underwriters, and other businesses <br />catering to the public at the airport. <br />(111) An aircraft operator may not be re- <br />quired to park his aircraft at a location that <br />is less protected, or less accessible from the <br />terminal facilities, than locations offered to <br />others, because of his race, color, or national <br />origin. <br />(Iv) The pilot of an aircraft may not be <br />required to help more extensively In fueling <br />operatlons, and may not be offered less In- <br />ciderital service (such as windshield wiping), <br />than other pilots, because of his race, color, <br />or national origin. <br />(v) No pilot or crewmember eligible for <br />access to a pilot's lounge or to unofliclal <br />communication facilities such as a UNICOM <br />frequency may be restricted in that access <br />because of his race, color, or national origin. <br />(vi) Access tb farllltles maintained at the <br />airport by air carriers or commercial opera- <br />tors for holders of first -class transportation <br />tickets or frequent users of the carrler's or <br />operator's services may not be restricted on <br />the bails of race, color, or national origin. <br />(vil) Passengers and crewmembers seeking <br />ground transportation from the airport may <br />not be assi gned to different vehicles, or <br />delayed or embarrassed in assignment to <br />vehicles. by the alrport sponsor or his lessees, <br />concessionaires, or contractors, because of <br />rice, color, or national origin. <br />tvlll) Where there are two or more sites <br />having equal potential to serve the aero- <br />nautical needs of the area, the airport sponsor <br />shall select the site least likely to adversely <br />:effect existing communities. Such slte selec- <br />tion shall not be made on the basis of race, <br />color, or national origin. <br />(ix) Employment at obligated airports, in- <br />cluding employment by tenants and con - <br />ces.,lonalres shall be available to all regard- <br />less of. race, creed, color, sex, or national <br />origin. The sponsor shall coordinate his alr- <br />port plan with his looal tmmlt authority and <br />RULES AND REGULATIONS <br />the Urban %Vass Transportation Administra- <br />tion to assure public tra.risportation. con- <br />venient to the disadvantaged areas of nearby <br />communities to enhance employment oppor- <br />tunities for the disadvantaged and minority <br />population. <br />(x) The sponsor shall assure that the <br />minority business community in his area is <br />advised of the opportunities offered by air- <br />port concessions, and that bids are solicited <br />from such qualified minority firms, and <br />awards made without regard to race, color. <br />or national origin. <br />(21 Federal Highway Administration. (i) <br />The State; acting through its highway de- <br />partment, may not discriminate in its selec- <br />tion and retention of contractors. Including <br />without limitation, those whose services are <br />retained for, or Incidental to, construction, <br />planning, research, highway safety, engineer- <br />ing, property management. and fee contracts <br />and other commitments with person forserv- <br />Ices and expenses Incidental to the acquisition <br />of right -of -way. ' <br />(11) The State may not discriminate <br />against eligible persons in making relocation <br />payments and In providing relocation ad- <br />visory assistance where relocation is neees <br />simted by highway right -of -way acquisitions. <br />(lit) Federal -aid contractors may not dis- <br />criminate in their selection and retention of <br />first -tier subcontractors, and first -tier sub- <br />contractors may not discriminate In their <br />selection and retention of second -tier sub- <br />contractors, who participate In Federal -aid <br />highway construction, acquisition of right- <br />of-way and related projects. Including those <br />who supply materials and lease equipment. <br />(iv) The State may not discriminate <br />against the traveling public and business <br />users of the federally assisted highway in <br />their access to and use of the facilities and <br />services provided for public accommodations <br />(such as eating, sleeping. rest, recreation, and <br />vehicle servicing) constructed on, over or <br />under the right -of -way of such highways. <br />(v) Neither the State, any other persons <br />subject to this part, nor its contractors and <br />subcontractors may. discriminate in their <br />employment practices in connection with <br />highway construction projects or other <br />projects assisted by the Federal Highway <br />Administration. <br />(v1) The State shall not locate or design <br />a highway in such a manner as to require, <br />on the basis of race, color, or national origin, <br />the relocation of any persons. <br />(vil) The State shall not locate, design, <br />or construct a highway in such a manner as <br />to deny reasonable access to, and use thereof, <br />to any persons on the basis of race, color, <br />or national origin. <br />(3) Urban Mass Transportation Admin- <br />istration. (1) Any person who Is, or seeks <br />to be, a patron of any public vehicle which <br />Is operated as a part of, or in conjunction <br />with, a project shall be given the same accesa, <br />10085 <br />seating. and other treatment ucth regard tr <br />the use of such vehicle as other persons with - It <br />out regard to their race, color. or nationai`_ <br />,urigin. <br />(ii) No person who is, or seeks to be, an j <br />employee of the project sponsor or lessees, <br />concessionaires, contractors, licensees, or may <br />organization furnishing public transporta- <br />tion service as a part of, or in conjunction <br />with. the project shall be treated less fa- <br />vorably than any other employee or applicant <br />with regard to hiring, dismissal, advance. <br />merit, wages. or any other conditions and <br />benefits of employment, on the basis of race, <br />color, or national origin. <br />iiii) No person or group of persons shall <br />be discriminated against with regard to the <br />routing, scheduling, or quality of service of <br />transportation service furnished as A part <br />of the project on the basis of race, color, or <br />national origin. Frequency or service, age and <br />quality of vehicles assigned to routes. quality <br />of stations serving different routes, and lo- <br />cation of routes may not be determined on <br />the basis of .race, color, or :rational ortgin. <br />(Iv) The location of projects requirlug <br />land acquisition and the displacement of per- <br />sons from their residences and businesses <br />may not be determined on the basis of race, <br />color, or national origin. <br />(b) Obligations of the airport operator- - <br />(1) Tenants, contractors, and concessionaires. <br />Each airport operator shall require each ten- <br />ant, contractor, and concessionaire who pro- <br />vides any activity, service, or facility at the <br />airport under lease, contract with, or fran- <br />chise from the airport, to covenant' In a <br />form specified by the Administrator, Federal ; <br />Aviation Administration, that he will comply i <br />with the nondiscrimination requirements of <br />this part. <br />(2) Notiftcation of beneficiaries. The air- <br />port operator shall (1) make a copy of this --' <br />part available at his office for lnspectton dur- <br />ing normal working hours by any person <br />asking for it, and (11) conspicuously display <br />a sign, or signs, furnished by the FAA, in <br />the main public area or areas of the airport, <br />stating that discrimination based on race, <br />color, or national origin is prohibited on the <br />airport. <br />(3) Reports. Each airport' owner subject to <br />this park shall. within 15 days after he re- j <br />ceives It. Torward to the Area Manager of the <br />FAA Area in which the airport is located a <br />copy of each written complaint charging dis- <br />crimination, because of race, color, or na- <br />tlonal origin by any person subject to this <br />part, together with a statement .describing <br />all actions taken to resolve the matter, and <br />the results thereof. Each airport operator y <br />shall, by January 31 of each year, submit to <br />the Area Manager of the FAA Area In which <br />the airport is located a report for the pre- . <br />ceding year in a form prescribed by the Fed- <br />eral Aviation Admi.Intstrator. <br />1F.R, Boa. 70 -7305; Filed. Junes 17, 1870; <br />8 :45 a.m.1 - <br />