[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR265.1] [Page 822-823] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 265_NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS --Table of Contents Subpart A_General Sec. 265.1 Purpose. Subpart A_General Sec. 265.1 Purpose. 265.3 Applicability. 265.5 Definitions. Subpart B_Requirements 265.7 Nondiscrimination clauses. 265.9 Affirmative action program--General. 265.11 Submission of affirmative action program. 265.13 Contents of affirmative action program. 265.14 Determining the MBE status of a business. 265.14-1 Appeals of determination of MBE status. 265.15 Implementation and maintenance of affirmative action program. 265.17 Review of affirmative action program. Subpart C_Compliance 265.19 Compliance information. 265.21 Conduct of investigations. 265.23 Procedures for effecting compliance. 265.25 Other information. Appendix A to Part 265 Authority: Sec. 905 of the Railroad Revitalization and Regulatory Reform Act of 1976, Pub. L. 94-210, 90 Stat. 31; regulations of the Office of the Secretary of Transportation, 49 CFR 1.49(u). Source: 42 FR 4286, Jan. 24, 1977, unless otherwise noted. The purpose of this part is to effectuate the provisions of section 905 of the Railroad Revitalization and Regulatory Reform Act of 1976 (hereinafter [[Page 823]] referred to as the ``Act'') to ensure that no person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under, any project, program or activity funded in whole or in part through financial assistance under the Act, or any provision of law amended by the Act. Nothing contained in these regulations is intended todiminish or supersede the obligations made applicable by either title VI of the Civil Rights Act of 1964, (42 U.S.C. 2000d), or Executive Order No. 11246, (42 U.S.C. 2000e (note)). Subsection (d) of section 905 of the Act authorizes the Secretary to prescribe such regulations and take such actions as are necessary to monitor, enforce, and affirmatively carry out the purposes of that section. This authority coupled with the provisions of section 906 of the Act, which requires the establishment of a Minority Resource Center which is authorized to encourage, promote and assist in the participation by MBE enterprises in the restructuring, improvement, revitalization and maintenance of our Nation's railroads, provides the basis for requirements for the development of affirmative action programs by recipients of Federal financial assistance and certain of their contractors to insure that minorities and MBEs are afforded ample consideration with respect to employment and contractual opportunities produced as a result of the implementation of the Act and other provisions of law amended by the Act.