49 Cfr 23.21

49 CFR 23.21 (up to date as of 4/14/2022)
Who must submit an ACDBE program to FAA, and when?

49 CFR 23.21

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 B - ACDBE Programs
§ 23.21 Who must submit an ACDBE program to FAA, and when?
(a)

Except as provided in paragraph (e) of this section, if you are a primary airport that has or was required
to have a concessions DBE program prior to April 21, 2005, you must submit a revisesd ACDBE program
meeting the requirements of this part to the appropriate FAA regional office for approval.
(1)

You must submit this revised program on the same schedule provided for your first submission of
overall goals in § 23.45(a) of this part.

(2)

Timely submission and FAA approval of your revised ACDBE program is a condition of eligibility for
FAA financial assistance.

(3)

Until your new ACDBE program is submitted and approved, you must continue to implement your
concessions DBE program that was in effect before the effective date of this amendment to part 23,
except with respect to any provision that is contrary to this part.

(b)

If you are a primary airport that does not now have a DBE concessions program, and you apply for a
grant of FAA funds for airport planning and development under 49 U.S.C. 47107 et seq., you must submit
an ACDBE program to the FAA at the time of your application. Timely submission and FAA approval of
your ACDBE program are conditions of eligibility for FAA financial assistance.

(c)

If you are the owner of more than one airport that is required to have an ACDBE program, you may
implement one plan for all your locations. If you do so, you must establish a separate ACDBE goal for
each location.

(d)

If you make any significant changes to your ACDBE program at any time, you must provide the amended
program to the FAA for approval before implementing the changes.

(e)

If you are a non-primary airport, non-commercial service airport, a general aviation airport, reliever
airport, or any other airport that does not have scheduled commercial service, you are not required to have
an ACDBE program. However, you must take appropriate outreach steps to encourage available ACDBEs
to participate as concessionaires whenever there is a concession opportunity.

49 CFR 23.21(e) (enhanced display)

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