49 CFR 23.57(b)(3)(ii)

49 CFR 23.57 (up to date as of 4/15/2022)
What happens if a recipient falls short of meeting its overal...

49 CFR 23.57

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
§ 23.57 What happens if a recipient falls short of meeting its overall goals?
(a)

You cannot be penalized, or treated by the Department as being in noncompliance with this part, simply
because your ACDBE participation falls short of your overall goals. You can be penalized or treated as
being in noncompliance only if you have failed to administer your ACDBE program in good faith.

(b)

If the awards and commitments shown on your Uniform Report of ACDBE Participation (found in
Appendix A to this Part) at the end of any fiscal year are less than the overall goal applicable to that fiscal
year, you must do the following in order to be regarded by the Department as implementing your ACDBE
program in good faith:
(1)

Analyze in detail the reasons for the difference between the overall goal and your awards and
commitments in that fiscal year;

(2)

Establish specific steps and milestones to correct the problems you have identified in your analysis
and to enable you to meet fully your goal for the new fiscal year;

(3)
(i)

If you are a CORE 30 airport or other airport designated by the FAA, you must submit, within 90
days of the end of the fiscal year, the analysis and corrective actions developed under
paragraphs (b)(1) and (2) of this section to the FAA for approval. If the FAA approves the report,
you will be regarded as complying with the requirements of this section for the remainder of the
fiscal year.

(ii)

As an airport not meeting the criteria of paragraph (b)(3)(i) of this section, you must retain
analysis and corrective actions in your records for three years and make it available to the FAA,
on request, for their review.

(4)

The FAA may impose conditions on the recipient as part of its approval of the recipient's analysis
and corrective actions including, but not limited to, modifications to your overall goal methodology,
changes in your race-conscious/race-neutral split, or the introduction of additional race-neutral or
race-conscious measures.

(5)

You may be regarded as being in noncompliance with this part, and therefore subject to the
remedies in § 23.11 of this part and other applicable regulations, for failing to implement your
ACDBE program in good faith if any of the following things occur:
(i)

You do not submit your analysis and corrective actions to FAA in a timely manner as required
under paragraph (b)(3) of this section;

(ii)

FAA disapproves your analysis or corrective actions; or

(iii)

You do not fully implement:
(A)

The corrective actions to which you have committed, or

49 CFR 23.57(b)(5)(iii)(A) (enhanced display)

page 1 of 2

49 CFR 23.57 (up to date as of 4/15/2022)
What happens if a recipient falls short of meeting its overal...

(B)
(c)

49 CFR 23.57(b)(5)(iii)(B)

Conditions that FAA has imposed following review of your analysis and corrective
actions.

If information coming to the attention of FAA demonstrates that current trends make it unlikely that you,
as an airport, will achieve ACDBE awards and commitments that would be necessary to allow you to meet
your overall goal at the end of the fiscal year, FAA may require you to make further good faith efforts, such
as modifying your race-conscious/race-neutral split or introducing additional race-neutral or raceconscious measures for the remainder of the fiscal year.

49 CFR 23.57(c) (enhanced display)

page 2 of 2