Proposed Rule2021-22626
Petition for Rulemaking; Airport Concession Disadvantaged Business Enterprise (ACDBE) Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 20, 2021
Issuing agencies
Transportation Department
Abstract
This notification grants the petition for rulemaking submitted by the Airports Council International-North America (ACI-NA) requesting that DOT initiate rulemaking to revise and update agency rules pertaining to Participation of Disadvantaged Business Enterprise in Airport Concessions.
Full Text
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<title>Federal Register, Volume 86 Issue 200 (Wednesday, October 20, 2021)</title>
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[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Proposed Rules]
[Page 58053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22626]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 23
[Docket No. DOT-OST-2021-0113]
Petition for Rulemaking; Airport Concession Disadvantaged
Business Enterprise (ACDBE) Program
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Notice of grant of a petition for rulemaking.
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SUMMARY: This notification grants the petition for rulemaking submitted
by the Airports Council International-North America (ACI-NA) requesting
that DOT initiate rulemaking to revise and update agency rules
pertaining to Participation of Disadvantaged Business Enterprise in
Airport Concessions.
DATES: October 20, 2021.
ADDRESSES: National External Operations and Policy Programs, Federal
Aviation Administration, 800 Independence Avenue SW, Room 1030,
Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT: Gene E. Roth, Director, National
External Operations and Policy Programs, Federal Aviation
Administration, 800 Independence Avenue SW, Room 1030, Washington, DC
20591, email <a href="/cdn-cgi/l/email-protection#3e595b505b105b104c514a567e585f5f10595148"><span class="__cf_email__" data-cfemail="e483818a81ca81ca968b908ca4828585ca838b92">[email protected]</span></a>, telephone 202-913-7502; or Marc
Pentino, Associate Director, Disadvantaged Business Enterprise Programs
Division, Departmental Office of Civil Rights, Office of the Secretary,
1200 New Jersey Avenue SE, Washington, DC 20590, email
<a href="/cdn-cgi/l/email-protection#86ebe7f4e5a8f6e3e8f2efe8e9c6e2e9f2a8e1e9f0"><span class="__cf_email__" data-cfemail="05686477662b75606b716c6b6a45616a712b626a73">[email protected]</span></a>, telephone 202-366-6968.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2021 ACI-NA submitted a petition for rulemaking
requesting that DOT begin the process necessary to initiate a
rulemaking to revise and update 49 CFR part 23. Specifically, ACI-NA
requested that a number of regulatory issues important to airports be
addressed to modernize the ACDBE program, including the definition of
concession, the requirements for ACDBE program submittals, and the
treatment of long-term exclusive agreements.
DOT plans to initiate a rulemaking to update DOT's Disadvantaged
Business Enterprise (DBE) and ACDBE regulations to alleviate burdens
for lower-tiered recipients and aviation sponsors to have a DBE
program, remove the ACDBE program requirement for non-hub primary
airports, modernize the definition of ``regular dealer'' to reflect
changing material handling practices in the field, enhance current
requirements to ease the burden on prime contractors in finding
competitive and qualified DBE subcontractors, adjust the DBE and ACDBE
program personal net worth cap for inflation, formalize guidance
establishing successful COVID-19 flexibilities, allow qualified DBEs to
work on large multiyear projects, and make technical corrections and
other necessary updates. For additional information, see the
Department's Spring 2021 Unified Agenda, available at <a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>. Select Department of
Transportation from the drop-down menu for the current agenda, and then
select RIN 2105-AE98.
Conclusion
Having received this petition for rulemaking related to 49 CFR part
23, DOT has decided that ACI-NA's petition merits further consideration
through the rulemaking process and hereby grants its petition for
rulemaking using the existing RIN 2105-AE98.
The granting of the petition from ACI-NA, however, does not
indicate that a final rule will be issued as requested by ACI-NA. The
determination of whether to issue a rule and the content of the rule is
made after the study of the requested action and the various
alternatives in the course of the rulemaking proceeding, in accordance
with statutory criteria.
Signed in Washington, DC, on October 13, 2021.
Irene B. Marion,
Director, Departmental Office of Civil Rights, Department of
Transportation.
[FR Doc. 2021-22626 Filed 10-19-21; 8:45 am]
BILLING CODE P
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