Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Modifications

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
DBE Regular Dealer/Distributor Affirmation Form	Form	New	Available
P - Monitoring Performance	Form	New	Repair queued
DBE uniform Report Template	Form	New	Available
O - Uniform Report	Form	New	Repair queued
Bidders List Form	Form	Modified	Available
J - Maintaining/updating Bidders List	Form	Modified	Repair queued
Declaration of Eligibility	Form and Instruction	Modified	Available
I - Annual Affidavit of No Change	Form and Instruction	Modified	Repair queued
Uniform Certification Application	Form and Instruction	Modified	Available
H - Uniform Certification Application	Form and Instruction	Modified	Repair queued
Personal Net Worth	Form and Instruction	Modified	Available
G - Personal Net Worth	Form and Instruction	Modified	Repair queued
Revised part 23 Uniform Report on Participation	Form and Instruction	Modified	Available
F - Annual Report on Participation	Form and Instruction	Modified	Available
Declaration of Eligibility	Form	Modified	Available
E2 - Eligibility for Continued Counting after Removal (Airport recipients)	Form	Modified	Repair queued
Declaration of Eligibility	Form and Instruction	Modified	Available
E1 - Eligibility for Continued Counting after Removal (Decertified ACDBE firms)	Form and Instruction	Modified	Repair queued
Active Participant List	Form	Modified	Available
B1 - ACDBE Active Participants List (Airports)	Form	Modified	Repair queued
DBE-ACDBE Rule PRA Supporting Statement .docx	Supporting Statement A	Uploaded 2024-04-09	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
266406	U - Submitting Administrative Record (when the Department gives notices of a denied or decertified)		New
266405	T - Narratives for Social and Economic Disadvantage		New
266402	S - Providing Evidence of Certification (when a firm applies to another state)		New
266401	R - Evaluating the DBE Certification Eligibility of Applicant Firms		New
266400	Q - Updating Unified Certification Program (UCP) Agreements		New
266399	P - Monitoring Performance	Form	New	DBE Regular Dealer/Distributor Affirmation Form
266399	P - Monitoring Performance	Form	New
266398	O - Uniform Report	Form	New	DBE uniform Report Template
266398	O - Uniform Report	Form	New
266395	N - Mailing/maintaining Summary Suspension Notices		New
266393	M - Open Ended Performance Plan		New
266392	L - Updating/maintaining State Directories		New
254741	K - Reporting (Various Categories) MAP-21 Data Report		Modified
254740	J - Maintaining/updating Bidders List	Form	Modified	Bidders List Form
254740	J - Maintaining/updating Bidders List	Form	Modified
254739	I - Annual Affidavit of No Change	Form and Instruction	Modified	Declaration of Eligibility
254739	I - Annual Affidavit of No Change	Form and Instruction	Modified
254738	H - Uniform Certification Application	Form and Instruction	Modified	Uniform Certification Application
254738	H - Uniform Certification Application	Form and Instruction	Modified
254730	G - Personal Net Worth	Form and Instruction	Modified	Personal Net Worth
254730	G - Personal Net Worth	Form and Instruction	Modified
254728	F - Annual Report on Participation	Form and Instruction	Modified	Revised part 23 Uniform Report on Participation
254728	F - Annual Report on Participation	Form and Instruction	Modified
254724	E2 - Eligibility for Continued Counting after Removal (Airport recipients)	Form	Modified	Declaration of Eligibility
254724	E2 - Eligibility for Continued Counting after Removal (Airport recipients)	Form	Modified
254723	E1 - Eligibility for Continued Counting after Removal (Decertified ACDBE firms)	Form and Instruction	Modified	Declaration of Eligibility
254723	E1 - Eligibility for Continued Counting after Removal (Decertified ACDBE firms)	Form and Instruction	Modified
254719	D - Approval of LTE Agreements		Modified
254718	C - ACDBE Annual Report (various categories)		Modified
254717	B2 - ACDBE Active Participants List (firms)		Modified
254716	B1 - ACDBE Active Participants List (Airports)	Form	Modified	Active Participant List
254716	B1 - ACDBE Active Participants List (Airports)	Form	Modified
254715	A2 - ACDBE Small Business Element (SBE Participant Reporting)		Modified
254710	A1 - ACDBE Small Business Element (Program Plan Submission)		Modified

ICR Details

OMB Control No: 2105-0586	ICR Reference No: 202403-2105-004
Status: Active	Previous ICR Reference No: 202207-2105-001
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Modifications
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/08/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/09/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved
Responses	1,118,664	0	0
Time Burden (Hours)	5,184,510	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The U.S. Department of Transportation (Department/DOT) requests the Office of Management and Budget’s (OMB) approval of information collection instruments in the Department’s Final Rule. These changes update the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) program regulations at 49 CFR Parts 26 and 23, respectively. The changes include new collection instruments as well as updates to existing collection instruments. This Supporting Statement includes the DBE program collection instruments for which OMB renewed approval on March 1, 2022. The Department is including them in this Supporting Statement because the final rule would modify the paperwork burdens associated with those instruments. On March 10, 2022, OMB took under consideration the Department’s request for an OMB Control Number for an additional 18 DBE program information collection instruments that had not previously been submitted for OMB’s approval. On April 27, 2022, OMB took under consideration the Department’s request for an OMB Control Number for an Airport Concession Disadvantaged Business Enterprise (ACDBE) Program information collection that had not previously been submitted for approval (ICR Reference No: 202204-2120-002).

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Authorizing Statute(s): PL: Pub.L. 117 - 58 11101 Name of Law: Bipartisan Infrastructure Law
   US Code: 49 USC 47113 Name of Law: Minority and disadvantaged business participation
   US Code: 49 USC 47107(e) Name of Law: Minority and disadvantaged business participation
   US Code: 49 USC 322
   US Code: 42 USC 2000d Name of Law: Prohibition against exclusion from participation in, denial of benefits of, and discrimination under
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2105-AE98	Final or interim final rulemaking	89 FR 24898	04/09/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 24

table that charts list of burden

IC Title	Form No.	Form Name
A1 - ACDBE Small Business Element (Program Plan Submission)
A2 - ACDBE Small Business Element (SBE Participant Reporting)
B1 - ACDBE Active Participants List (Airports)	n/a	Active Participant List
B2 - ACDBE Active Participants List (firms)
C - ACDBE Annual Report (various categories)
D - Approval of LTE Agreements
E1 - Eligibility for Continued Counting after Removal (Decertified ACDBE firms)	n/a	Declaration of Eligibility
E2 - Eligibility for Continued Counting after Removal (Airport recipients)	n/a	Declaration of Eligibility
F - Annual Report on Participation	n/a	Revised part 23 Uniform Report on Participation
G - Personal Net Worth	n/a	Personal Net Worth
H - Uniform Certification Application	n/a	Uniform Certification Application
I - Annual Affidavit of No Change	n/a	Declaration of Eligibility
J - Maintaining/updating Bidders List	n/a	Bidders List Form
K - Reporting (Various Categories) MAP-21 Data Report
L - Updating/maintaining State Directories
M - Open Ended Performance Plan
N - Mailing/maintaining Summary Suspension Notices
O - Uniform Report	n/a	DBE uniform Report Template
P - Monitoring Performance	n/a	DBE Regular Dealer/Distributor Affirmation Form
Q - Updating Unified Certification Program (UCP) Agreements
R - Evaluating the DBE Certification Eligibility of Applicant Firms
S - Providing Evidence of Certification (when a firm applies to another state)
T - Narratives for Social and Economic Disadvantage
U - Submitting Administrative Record (when the Department gives notices of a denied or decertified)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,118,664	0	0	1,118,664	0	0
Annual Time Burden (Hours)	5,184,510	0	0	5,184,510	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This ICR is being updated to reflect new or modified requirements under a new rule. This is a new information collection to require recipients subject to the ACDBE program requirements to establish a small business element for concessions and report on the participation generated from their element.

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Annual Cost to Federal Government: $1,611,180

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/09/2024

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