Notice2021-22627
Agency Information Collection Activities; Approval of a New Information Collection Request
Primary source
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Published
October 25, 2021
Issuing agencies
Transportation Department
Abstract
The Department of Transportation (DOT or Department) invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for an information collection for the Department's Airport Concession Disadvantaged Business Enterprise (ACDBE) program.
Full Text
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<title>Federal Register, Volume 86 Issue 203 (Monday, October 25, 2021)</title>
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[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58999-59002]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22627]
[[Page 58999]]
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DEPARTMENT OF TRANSPORTATION
[Docket No. DOT-OST-2021-0127]
Agency Information Collection Activities; Approval of a New
Information Collection Request
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Notice and request for comments.
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SUMMARY: The Department of Transportation (DOT or Department) invites
public comments about our intention to request the Office of Management
and Budget's (OMB) approval for an information collection for the
Department's Airport Concession Disadvantaged Business Enterprise
(ACDBE) program.
DATES: Written comments should be submitted by December 27, 2021.
ADDRESSES: You may submit comments identified by Docket No. DOT-OST-
2021-0127 through one of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.
FOR FURTHER INFORMATION CONTACT: Marcus England, (202) 267-0487,
<a href="/cdn-cgi/l/email-protection#3f525e4d5c4a4c115a5158535e515b7f595e5e11585049"><span class="__cf_email__" data-cfemail="e08d8192839593ce858e878c818e84a0868181ce878f96">[email protected]</span></a> or Nicholas Giles, (202) 267-0201,
<a href="/cdn-cgi/l/email-protection#0d63646e6562616c7e236a6461687e4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="e7898e848f888b8694c9808e8b8294a7818686c9808891">[email protected]</span></a>/Office of Civil Rights, National Airport Civil
Rights Policy and Compliance (ACR-4C), Federal Aviation Administration,
600 Independence Ave. SW, Washington, DC 20591.
SUPPLEMENTARY INFORMATION: The DOT has the important responsibility of
ensuring that firms competing for concession opportunities are not
disadvantaged by unlawful discrimination. The DOT's most important tool
for meeting this requirement has been its ACDBE program, which is
regulated by 49 CFR part 23 (ACDBE regulation) and is mandated by 49
U.S.C. 47107(e), originally enacted in 1987 and amended in 1992.
The information collections described in this notice are necessary
to maintain successful implementation of the ACDBE program. The
collections help ensure recipients that receive Federal financial
assistance from the Airport Improvement Program (AIP) of the Federal
Aviation Administration (FAA) do not discriminate in the provision of
opportunities for disadvantaged business enterprises in airport
concessions.
We are required to publish this notice in the Federal Register by
the Paperwork Reduction Act of 1995, Public Law 104-13 (PRA).
To assist in estimating the potential paperwork burden of these
collections, the Department reached out to a subset of the 396 primary
airports who are subject to the ACDBE program requirements to gain a
general understanding of the associated costs and how much time they
spend each year responding to these collections.
To help commenters provide information that will better allow the
Department to include the appropriate paperwork burden within this
collection, we offer the following clarifications: A ``collection of
information,'' is defined as the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to an agency, third parties or
the public of information by or for an agency by means of identical
questions posed to, or identical reporting, recordkeeping, or
disclosure requirements imposed on, ten or more persons. 5 CFR part
1320. The activities that constitute the ``burden'' associated with a
collection are defined in 5 CFR part 1320 as the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. In
addition, as stated in 5 CFR part 1320, recordkeeping requirement means
a requirement imposed by or for an agency on persons to maintain
specified records, including a requirement to: (1) Retain such records;
(2) notify third parties, the Federal Government, or the public of the
existence of such records; (3) disclose such records to third parties,
the Federal Government, or the public; or (4) report to third parties,
the Federal Government, or the public regarding such records.
For purposes of this 60-day notice, we have included the burden
estimates we received from the small number of stakeholders we
contacted. To ensure that estimates contain burdens associated with
aspects of the program that constitute paperwork burdens as defined by
the PRA, the Department requests that commenters who provide burden
estimates for aspects of the program identified below be as specific as
possible, including what amount of time each task takes and what, if
any, additional costs beyond labor costs (e.g., copying, mailing,
storage, or other technology costs) are associated with each aspect of
the collection.
OMB Control Number: N/A.
Title: Airport Concession Disadvantaged Business Enterprise (ACDBE)
Program Requirements.
Form Numbers: N/A.
Type of Review: Initial Approval of Information Collection.
1. Submission of ACDBE Program to the FAA
Section 23.21 requires recipients to submit an ACDBE program to the
FAA for approval. The FAA evaluates submitted ACDBE programs to
determine whether they include all the provisions and measures required
by the regulation. Timely submission and FAA approval of a recipient's
ACDBE program are conditions of eligibility for FAA financial
assistance.
Paragraph (d) of Sec. 23.21 requires recipients that make any
significant changes to their ACDBE programs to provide an amended
program to the FAA for approval before implementing the changes.
The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 19
to 40 hours. The average burden hour per recipient response, based on
the information received from the eight recipients, is 28 hours. The
FAA calculated the total annual cost burden by multiplying the total
annual burden hours (56 hours x 396 respondents) against the fully
loaded state government wage rate taken from Bureau of Labor and
Statistics' (BLS's) estimate of median wages for employees in
``Management Occupations'' (SOC 11-000) working in ``State Government,
excluding schools and hospitals'' (NAICS 999200) at <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>. The wage rate
($44.66/hour) is multiplied by 1.62 to get a fully loaded wage rate
(compensation rate) of $72.35 to account for the cost of employer
provided benefits.
Respondents: Recipients of FAA grants for Airport Development.
Number of Respondents: 396.
Frequency: Once, unless the recipient makes a significant change to
its ACDBE program and is required to submit an amended program to the
FAA for approval.
Number of Responses: 396.
Total Annual Burden Hours: 11,088 hours
Total Annual Burden Costs: $802,216.80.
[[Page 59000]]
2. Annual Report on ACBE Participation
Section 23.27 requires recipients with approved ACDBE programs to
submit a ``Uniform Report of ACDBE Participation'' (Uniform Report).
The Uniform Report is developed electronically and submitted annually
to the FAA. The Uniform Report assists the FAA in conducting program
oversight of recipients' ACDBE programs, identifying trends or problem
areas in the program, and ensuring that the ACDBE program is achieving
its goal of encouraging ACDBE participation in concession-related
opportunities.
The reporting requirements of the Uniform Report include the
following information:
<bullet> Overall percentage goals of ACDBE participation and their
race-conscious (RC) and race-neutral (RN) components;
<bullet> new and continuing car rental concession opportunities and
activity under the ACDBE program during the reporting period;
<bullet> total concession gross revenues for concessionaires (prime
and sub) and purchases of goods and services at the airport;
<bullet> number of lease agreements, contracts, etc., in effect or
taking place during the reporting period in each participation category
for all concessionaires and purchases of goods and services;
<bullet> total gross revenues in each participation category for
ACDBEs;
<bullet> total gross revenues attributable to race-conscious and
race-neutral measures, respectively;
<bullet> overall car rental percentage goal and the race-conscious
(RC) and race-neutral (RN) components of it; and
<bullet> The following information for each ACDBE firm
participating in the ACDBE program during the period: (1) Firm name;
(2) Type of business; (3) Beginning and expiration dates of the
agreement, including options to renew; (4) Dates that material
amendments have been or will be made to the agreement (if known); and
(5) Estimated gross receipts for the firm during the reporting period.
The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 15
to 96 hours. The average burden hour per response. based on the
information received from the eight recipients, is 56 hours. The FAA
estimated the total annual cost burden by multiplying the total annual
burden hours (56 hours x 396 respondents = 22,176) against the fully
loaded state government wage rate of $72.35. The state government wage
rate was taken from Bureau of Labor and Statistics' (BLS's) estimate of
median wages for employees in ``Management Occupations'' (SOC 11-000)
working in ``State Government, excluding schools and hospitals'' (NAICS
999200) at <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>.
The wage rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded
wage rate (compensation rate) of $72.35 to account for the cost of
employer provided benefits.
Respondents: Recipients of FAA grants for Airport Development.
Number of Respondents: 396.
Frequency: Once per year.
Number of Responses: 396.
Total Annual Burden Hours: 22,176 hours.
Total Annual Burden Costs: $1,604,433.60.
3. Monitoring and Compliance Procedures
Section 23.29 requires recipients to implement appropriate
mechanisms to ensure that all ACDBE program participants comply with
the regulation's requirements. Recipients must include in their ACDBE
programs specific provisions to be inserted into concession agreements
and management contracts setting forth the enforcement mechanisms and
other means the recipient uses to ensure compliance. These provisions
must include a written certification that recipients reviewed records
of all contracts, leases, joint venture agreements, or other
concession-related agreements, and monitored the work on-site at their
airport for this purpose. If the FAA conducts a compliance review or
investigation, it verifies whether the recipient has the written
certifications and has monitored the work performed by ACDBEs;
recipients do not otherwise submit the information. Recipients collect
the information during on-site reviews of concession workplaces to
determine whether ACDBEs are actually performing the work for which
credit is being claimed.
The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 0
to 416 hours. The annual burden hours for this requirement can be zero
if a recipient does not have any concessions or any ACDBE participation
to monitor. The average burden hour per response, based on the
information received from the eight recipients, is 153 hours. The FAA
seeks comment on whether the estimates, and in particular the higher
estimates, were based on the substantive monitoring requirement rather
than the paperwork-specific requirements.
The FAA estimated the total annual cost burden by multiplying the
total annual burden hours (153 hours x 396 respondents = 60,588)
against the fully loaded state government wage rate of $72.35. The
state government wage rate was taken from Bureau of Labor and
Statistics' (BLS's) estimate of median wages for employees in
``Management Occupations'' (SOC 11-000) working in ``State Government,
excluding schools and hospitals'' (NAICS 999200) at <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>. The wage rate
($44.66/hour) is multiplied by 1.62 to get a fully loaded wage rate
(compensation rate) of $72.35 to account for the cost of employer
provided benefits. DOT may adjust this estimate based on input received
regarding the basis for the estimates previously provided, as well as
any additional comments and information received.
Respondents: Recipients of FAA grants for Airport Development.
Number of Respondents: 396.
Frequency: 36 times per year (3 times per month).
Number of Responses: 14,256.
Total Annual Burden Hours: 2,181,168 hours;
Total Annual Burden Costs: $157,807,504.80.
4. Requirements for Submitting Overall Goal Information to the FAA
Congress carefully considered and concluded that race-neutral means
alone are insufficient to remedy the effects of discrimination in
airport concession opportunities. To meet Constitutional strict
scrutiny requirements, ACDBE programs' race-conscious means must be
narrowly tailored. Section 23.45 requires that recipients set and
submit to the FAA an overall goal for ACDBE participation in concession
opportunities every three years. The goal represents the ACDBE
participation that would be expected in the relevant market area given
the availability of ACDBEs. Paragraph (d)(5) of Sec. 23.51 requires
recipients to include with their overall goal submission a description
of the methodology they used to establish the goal. Recipients must
also include a projection of the portions of the overall goal that they
expect to meet through race-neutral and race-conscious means,
respectively, and the basis for the projection. Paragraph (d) of Sec.
23.25 requires recipients to maximize the use of race-neutral measures,
obtaining as much as possible of the ACDBE participation needed to meet
overall goals through such measures.
[[Page 59001]]
The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 1
to 120 hours. The average burden hour per response, based on the
information received from the eight recipients, is 53 hours. The FAA
estimated the total annual cost burden by multiplying the total annual
burden hours (53 hours x 396 respondents = 20,988) against the fully
loaded state government wage rate of $72.35. The state government wage
rate was taken from Bureau of Labor and Statistics' (BLS's) estimate of
median wages for employees in ``Management Occupations'' (SOC 11-000)
working in ``State Government, excluding schools and hospitals'' (NAICS
999200) at <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>.
The wage rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded
wage rate (compensation rate) of $72.35 to account for the cost of
employer provided benefits.
Respondents: Recipients of FAA grants for Airport Development.
Number of Respondents: 396.
Frequency: Annually.
Number of Responses: 396.
Total Annual Burden Hours: 20,988 hours.
Total Annual Burden Costs: $1,518,481.80.
5. Requirements Relating to Shortfalls in Meeting Overall ACDBE Goals
Section 23.57 requires recipients that do not meet their overall
goal for ACDBE awards and commitments shown on their Uniform Report of
ACDBE Participation (found in appendix A to part 23) at the end of any
fiscal year to take the following steps to be regarded by the
Department as implementing their ACDBE programs in good faith: (1)
Analyze in detail the reasons for the difference between the overall
goal and the recipient's awards and commitments in that fiscal year;
and (2) establish specific steps and milestones to correct the problems
the recipient identified in its analysis and to enable the recipient to
meet fully its goal for the new fiscal year. CORE 30 airports or other
airports designated by the FAA must submit by December 31st of each
year, the analysis and corrective actions developed under Sec. 23.57
to the FAA for approval and must retain the analysis and corrective
actions for three years. Recipients that are not a CORE 30 airports
must retain the analysis and corrective actions in their records for
three years and make them available to the FAA, on request, for their
review.
The FAA estimates 130 recipients are subject to developing, and
either retaining or submitting, the shortfall analyses and corrective
actions required under Sec. 23.57 each year. This estimate is derived
from the number of airport recipients whose ACDBE awards and
commitments shown on their Uniform Report of ACDBE Participation were
less than their overall goals for fiscal year 2020. The FAA received
total annual burden hours from two recipients, one small hub airport
and another medium hub size airport, ranging from 2 to 40 hours. The
average burden hour per response, based on the information received
from the two recipients, is 21 hours. The FAA estimated the total
annual cost burden by multiplying the total annual burden hours (21
hours x 130 respondents = 2,730) against the fully loaded state
government wage rate of $72.35. The state government wage rate was
taken from Bureau of Labor and Statistics' (BLS's) estimate of median
wages for employees in ``Management Occupations'' (SOC 11-000) working
in ``State Government, excluding schools and hospitals'' (NAICS 999200)
at <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>. The wage
rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded wage
rate (compensation rate) of $72.35 to account for the cost of employer
provided benefits.
Respondents: Recipients of FAA grants for Airport Development.
Number of Respondents: 130.
Frequency: Annually depending on if the awards and commitments
shown on a recipient's Uniform Report of ACDBE Participation at the end
of any fiscal year are less than the overall goal applicable to that
fiscal year.
Number of Responses: 130.
Total Annual Burden Hours: 2,730 hours.
Total Annual Burden Costs: $197,515.50.
6. Requirements Relating to Approval of LTE Agreements
Paragraph (a) of Sec. 23.75 prohibits recipients from entering
into ``long-term, exclusive agreements'' (LTE agreements) for
concessions without prior FAA approval, based on very limited
conditions which are outlined in the regulation. This general
prohibition is designed to limit the situation where an entire category
of business activity is not subject to competition for an extended
period of time through the use of an LTE agreement. Paragraph (c) of
Sec. 23.75 requires recipients to submit to the FAA various documents
and information to obtain approval from the FAA of a long-term
exclusive (LTE) agreement. The required information includes the
following items:
<bullet> A description of the special local circumstances that
warrant a long-term, exclusive agreement;
<bullet> A copy of the draft and final leasing and subleasing or
other agreements with specific provisions;
<bullet> Assurances that any ACDBE participant will be in an
acceptable form, such as a sublease, joint venture, or partnership;
<bullet> Documentation that ACDBE participants are properly
certified;
<bullet> A description of the type of business or businesses to be
operated e.g., location, storage and delivery space, ``back-of-the-
house facilities'' such as kitchens, window display space, advertising
space, and other amenities that will increase the ACDBE's chance to
succeed;
<bullet> Information on the investment required on the part of the
ACDBE and any unusual management or financial arrangements between the
prime concessionaire and ACDBE; and
<bullet> Information on the estimated gross receipts and net profit
to be earned by the ACDBE.
The collection of information under this section is necessary for
FAA to carry out oversight responsibilities in determining whether
special local circumstances warrant approval of an LTE agreement.
The FAA estimates seven recipients are required to submit LTE
agreements to FAA for approval under Sec. 23.75(c) each year. This
estimate is derived from the total number of recipients from whom the
FAA received LTE agreements in fiscal year 2020.
The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 0
to 20 hours. The average burden hour per response, based on the
information received from the eight recipients, is 6.25 hours. The FAA
estimated the total annual cost burden by multiplying the total annual
burden hours (6.25 hours x 7 respondents = 43.75) against the fully
loaded state government wage rate of $72.35. The state government wage
rate was taken from Bureau of Labor and Statistics' (BLS's) estimate of
median wages for employees in ``Management Occupations'' (SOC 11-000)
working in ``State Government, excluding schools and hospitals'' (NAICS
999200) at <a href="https://www.bls.gov/oes/current/naics4_999200.htm#11-0000">https://www.bls.gov/oes/current/naics4_999200.htm#11-0000</a>.
The wage rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded
wage rate (compensation rate) of $72.35 to account for the cost of
employer provided benefits.
[[Page 59002]]
Respondents: Recipients of FAA grants for Airport Development.
Number of Respondents: 7.
Frequency: Annually depending on the number of leases and/or
contracts with prime concessionaires that are long-term exclusive
agreements and require FAA approval.
Number of Responses: 7.
Total Annual Burden Hours: 43.75 hours.
Total Annual Burden Costs: $3,165.31.
Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.48.
Signed in Washington, DC, on October 13, 2021.
Irene B. Marion,
Director, Departmental Office of Civil Rights, Department of
Transportation.
[FR Doc. 2021-22627 Filed 10-22-21; 8:45 am]
BILLING CODE 4910-9X-P
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