FCDOT: Title VI Program Disparate Impact, Disproportionate Burden, and Major Service Change Proposed Policies

1. County of Fairfax, Virginia
Fairfax County DOT
Title VI Program
Disparate Impact,
Disproportionate Burden, and
Major Service Change
Proposed Policies
Department of Transportation

2. County of Fairfax, Virginia
Presentation Overview
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Title VI of the Civil Rights Act of 1964
FTA Circular 4701.2B Required Policies
Proposed Policy Methodology
Proposed Draft Policies
Sample Application of Policies
Submit Your Comments
Department of Transportation
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3. County of Fairfax, Virginia
Title VI of the
Civil Rights Act of 1964
“No person in the United States shall, on
the ground of race, color, or national
origin, be excluded from participation in,
be denied the benefits of, or be subjected
to discrimination under any program or
activity receiving federal financial
assistance”
Department of Transportation
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4. County of Fairfax, Virginia
Required Policies
Federal Transit Administration Circular 4701.2B
requires that Fairfax County DOT set the following
policies to prevent discrimination from occurring in
transit service changes and transit fare changes:
– Major Service Change
– Disparate Impact (Minority Status)
– Disproportionate Burden (Low-Income)
Department of Transportation
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5. County of Fairfax, Virginia
Major Service Change
Methodology
Key Considerations:
– Peer transit system policies
– Data availability and ease of
application
– Fairfax Connector system structure
• Short, frequent routes
• Long, peak-period routes
Department of Transportation
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6. County of Fairfax, Virginia
Proposed Draft Policies
Major Service Change
A major service change is defined as either
an increase or a decrease of 25 percent or
more in either daily revenue service hours,
revenue service miles, or both for the
individual route being modified.
Department of Transportation
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Definitions
Revenue Service Hours:
The number of hours a bus
operates while carrying
paying passengers.
Revenue Service Miles:
The number of miles a bus
operates while carrying
paying passengers.

7. County of Fairfax, Virginia
Disparate
Impact
Methodology
Department of Transportation
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8. County of Fairfax, Virginia
Proposed Draft Policies
Disparate Impact
To determine whether a major service
change or a fare change will cause a
disparate impact, the percentage of
population affected that is minority will be
compared to the proportion of the total
minority population served by Fairfax
Connector. A disparate impact occurs
when the difference between the system
wide percentage of minority riders and the
percentage of minority riders affected by a
proposed service change or fare change
is 10 percent or greater.
Department of Transportation
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9. County of Fairfax, Virginia
Disproportionate
Burden
Methodology
Low Income Households are defined as
those below 50% area median income.
Department of Transportation
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10. County of Fairfax, Virginia
Proposed Draft Policies
Disproportionate Burden
To determine whether a major service
change or a fare change will cause a
disproportionate burden, the percentage of
the population affected that is low-income
will be compared to the proportion of the
total low-income population served by
Fairfax Connector. A disproportionate
burden occurs when the difference between
the system wide percentage of low-income
riders and the percentage of low-income
riders affected by a proposed service
change or fare change is 10 percent or
greater.
Department of Transportation
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11. County of Fairfax, Virginia
Sample Application of Policies:
Disparate Impact
Routes A, B, C are proposed for elimination
Minority Population
(living within 1/4
Total Population
Route
(living within 1/4 mile)
mile)
A
11,007
16,958
B
21,310
39,511
C
4,491
9,245
Percent
Minority
64.9
53.9
48.6
System
Percent
Disparate
Minority Difference Impact?
Yes
49.1
15.8
No
49.1
4.8
No
49.1
-0.6
FCDOT’s proposed elimination of Route A would result in a disparate
impact as the population served is more than 10 percent above the system
average for minority population served.
Department of Transportation
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12. County of Fairfax, Virginia
Sample Application of Policies:
Disproportionate Burden
Routes E, D, F are proposed for elimination
Low-Income
Total Households Percent
System
Households
(living within 1/4
LowPercent
Disproportionate
mile)
Income Low-Income Difference
Route (living within 1/4 mile)
Burden
D
8,301
31,560
26.3
5.0
21.3
Yes
E
1,542
25,243
6.1
5.0
1.1
No
F
606
28,630
2.1
5.0
-2.8
No
FCDOT’s proposed elimination of Route D would result in a
disproportionate burden as the population served is more than 10 percent
above the system average for low-income households served.
Department of Transportation
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13. County of Fairfax, Virginia
Sample Application of Policies:
Fare Equity
Fictional Fare Increase Proposal
Disparate Impact
or
LowAll Disproportionate
Income Riders
Burden
25% 55%
No
35% 15%
Yes - both
No
2%
5%
No
1%
2%
No
No
17% 13%
No
20% 10%
Yes - both
100% 100%
Usage by Group*
Current
Proposed Absolute Percent
Base Fare
Change Change Minority
Fares
Fares
SmarTrip
$1.60
$1.80
$0.20
11%
30%
Cash
$1.80
$2.20
$0.40
19%
25%
Express Fare (394 & 395)
SmarTrip
$3.65
$4.00
$0.35
9%
2%
Cash
$4.00
$4.35
$0.35
8%
3%
Base Senior and Disabled Fare
SmarTrip
$0.80
$0.90
$0.10
11%
15%
Cash
$0.90
$1.05
$0.15
15%
25%
Total
100%
*These are fictional figures created for use in this example only.
The proposed fare increase would result in a disparate impact for minority
riders, seniors and the disabled paying cash and a disproportionate burden for
low-income riders, seniors and the disabled paying cash.
Department of Transportation
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14. County of Fairfax, Virginia
Finding of Disparate Impact
If an analysis results in a finding of disparate
impact, Fairfax County DOT must:
– Avoid, minimize, or mitigate the impact
– Can only implement the change if:
• Substantial legitimate justification exists
• There are no alternatives meeting the same
legitimate objectives
Department of Transportation
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15. County of Fairfax, Virginia
Finding of
Disproportionate Burden
If an analysis results in a finding of
disproportionate burden, Fairfax County
DOT must:
– Avoid, minimize, or mitigate the impact where
practical
– Describe alternatives available
Department of Transportation
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16. County of Fairfax, Virginia
Submit Your Comments
• Public Comment Period from
February 28, 2014 to March 30, 2014
– Email:
fairfaxconnector@fairfaxcounty.gov
Please include “Title VI” in the subject line
– Mail:
Fairfax County DOT
ATTN: Title VI
4050 Legato Road, 4th Floor
Fairfax, Virginia, 22033
Must be postmarked by March 30, 2014
Department of Transportation
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