49 Cfr 23.45

49 CFR 23.45 (up to date as of 4/14/2022)
What are the requirements for submitting overall goal informa...

49 CFR 23.45

This content is from the eCFR and is authoritative but unofficial.

Title 49 - Transportation
Subtitle A - Office of the Secretary of Transportation
Part 23 - Participation of Disadvantaged Business Enterprise in Airport Concessions
Authority: 49 U.S.C. 47107; 42 U.S.C. 2000d; 49 U.S.C. 322; Executive Order 12138.
Source: 70 FR 14508, Mar. 22, 2005, unless otherwise noted.

Subpart D - Goals, Good Faith Efforts, and Counting
§ 23.45 What are the requirements for submitting overall goal information to the FAA?
(a)

You must submit your overall goals to the appropriate FAA Regional Civil Rights Office for approval. Your
first set of overall goals meeting the requirements of this subpart are due on the following schedule:
(1)

(b)

If you are a large or medium hub primary airport on April 21, 2005, by January 1, 2006. You must
make your next submissions by October 1, 2008.

(2)

If you are a small hub primary airport on April 21, 2005, by October 1, 2006.

(3)

If you are a nonhub primary airport on April 21, 2005, by October 1, 2007.

You must then submit new goals every three years after the date that applies to you.

(c)

Timely submission and FAA approval of your overall goals is a condition of eligibility for FAA financial
assistance.

(d)

In the time before you make your first submission under paragraph (a) of this section, you must continue
to use the overall goals that have been approved by the FAA before the effective date of this part.

(e)

Your overall goal submission must include a description of the method used to calculate your goals and
the data you relied on. You must “show your work” to enable the FAA to understand how you concluded
your goals were appropriate. This means that you must provide to the FAA the data, calculations,
assumptions, and reasoning used in establishing your goals.

(f)

Your submission must include your projection of the portions of your overall goals you propose to meet
through use of race-neutral and race-conscious means, respectively, and the basis for making this
projection (see § 23.51(d)(5))

(g)

FAA may approve or disapprove the way you calculated your goal, including your race-neutral/raceconscious “split,” as part of its review of your plan or goal submission. Except as provided in paragraph (h)
of this section, the FAA does not approve or disapprove the goal itself (i.e., the number).

(h)

If the FAA determines that your goals have not been correctly calculated or the justification is
inadequate, the FAA may, after consulting with you, adjust your overall goal or race-conscious/race-neutral
“split.” The adjusted goal represents the FAA's determination of an appropriate overall goal for ACDBE
participation in the recipient's concession program, based on relevant data and analysis. The adjusted
goal is binding on you.

(i)

If a new concession opportunity, the estimated average annual gross revenues of which are anticipated
to be $200,000 or greater, arises at a time that falls between normal submission dates for overall goals,
you must submit an appropriate adjustment to your overall goal to the FAA for approval no later than 90
days before issuing the solicitation for the new concession opportunity.

49 CFR 23.45(i) (enhanced display)

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