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	Unchanged	Available
Uniform Report Template - Awards and Commitments	Form and Instruction	Modified	Available
Bidders List Form	Form	Modified	Available
Declaration of Eligibility	Form and Instruction	Unchanged	Available
Uniform Certificate Application	Form	Modified	Available
Personal Networth Statement	Form	Modified	Available
Revised part 23 Uniform Report on Participation	Form and Instruction	Unchanged	Available
Declaration of Eligibility	Form	Unchanged	Available
Declaration of Eligibility	Form and Instruction	Unchanged	Available
Active Participant List	Form	Unchanged	Available
Appendix A - DBE-ACDBE Summary of Comments (final).docx	Public Comments	Uploaded 2026-08-05	Available
DBE-ACDBE Rule PRA Supporting Statement - 2025 DBE IFR (final - clean).docx	Supporting Statement A	Uploaded 2026-08-19	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
282084	BB - Removing DBE Firm Eligibility		New
282083	AA - Transit Vehicle Manufacturers Goals Setting		New
282082	Z - Maintaining Written Denial Letters		New
282081	Y - Documenting Good Faith Efforts		New
282080	X - Analyzing Discrepancies (DBE Shortfall Analysis)		New
282079	W - Setting Overall Goals for DBE Participation		New
282078	V - UCP Reevaluation of applications for DBE/ACDBE		New
282077	U2 - Application for DBE/ACDBE		New
266406	U1 - Reapplication for DBE/ACDBE		Modified
266405	T - Notice of denial or decertification		Modified
266402	S - Providing Evidence of Certification (when a firm applies to another state)		Modified
266401	R - Evaluating the DBE Certification Eligibility of Applicant Firms		Unchanged
266400	Q - Updating Unified Certification Program (UCP) Agreements		Unchanged
266399	P - Monitoring Performance	Form	Unchanged	DBE Regular Dealer/Distributor Affirmation Form
266398	O - Uniform Report	Form and Instruction	Modified	Uniform Report Template - Awards and Commitments
266395	N - Mailing/maintaining Summary Suspension Notices		Unchanged
266393	M - Open Ended Performance Plan		Unchanged
266392	L - Updating/maintaining State Directories		Modified
254741	K - Reporting (Various Categories) MAP-21 Data Report		Modified
254740	J - Maintaining/updating Bidders List	Form	Modified	Bidders List Form
254739	I - Annual Affidavit of No Change	Form and Instruction	Unchanged	Declaration of Eligibility
254738	H - Uniform Certification Application	Form	Modified	Uniform Certificate Application
254730	G - Personal Net Worth	Form	Modified	Personal Networth Statement
254728	F - Annual Report on Participation	Form and Instruction	Unchanged	Revised part 23 Uniform Report on Participation
254724	E2 - Eligibility for Continued Counting after Removal (Airport recipients)	Form	Unchanged	Declaration of Eligibility
254723	E1 - Eligibility for Continued Counting after Removal (Decertified ACDBE firms)	Form and Instruction	Unchanged	Declaration of Eligibility
254719	D - Approval of LTE Agreements		Modified
254718	C - ACDBE Annual Report (various categories)		Modified
254717	B2 - ACDBE Active Participants List (firms)		Unchanged
254716	B1 - ACDBE Active Participants List (Airports)	Form	Unchanged	Active Participant List
254715	A2 - ACDBE Small Business Element (SBE Participant Reporting)		Unchanged
254710	A1 - ACDBE Small Business Element (Program Plan Submission)		Unchanged

ICR Details

OMB Control No: 2105-0586	ICR Reference No: 202608-2105-001
Status: Received in OIRA	Previous ICR Reference No: 202403-2105-004
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Modifications
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/19/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2027
Responses	1,310,320	1,118,664
Time Burden (Hours)	6,793,946	5,184,510
Cost Burden (Dollars)	0	0

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Abstract: This submission seeks approval for new collections, and revisions to existing collections proposed in an Interim Final Rule on October 3, 2025 (90 Fed. Reg. 47969-47982) concerning the Disadvantaged Business Enterprise (DBE) regulation 49 CFR Part 26 and the Airport Concession DBE (ACDBE) program regulations 49 CFR Part 23. This information collection modifies, in part, the DBE program collection instruments listed in OMB Control No. 2105-0586 (issued May 8, 2024). It also adds to this Control Number the existing collection instruments that were previously listed in OMB Control No. 2105-0585 (issued November 8, 2022), to the extent that those collection instruments are still retained as part of the Department’s DBE and ACDBE regulations and are not duplicative of collection instruments accounted for as part of this Control. As a result, DOT discontinued OMB Control No. 2105-0585. This interim final rule (IFR) ensures that the U.S. Department of Transportation (DOT or Department) operates its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) Programs (collectively, Programs) in a nondiscriminatory fashion--in line with law and the U.S. Constitution. The IFR removes race- and sex-based presumptions of social and economic disadvantage that violates the U.S. Constitution.

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Authorizing Statute(s): 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
   PL: Pub.L. 117 - 58 11101 Name of Law: Bipartisan Infrastructure Law
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2105-AF33	Proposed rulemaking	90 FR 47969	10/03/2025

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 32

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)
AA - Transit Vehicle Manufacturers Goals Setting
B1 - ACDBE Active Participants List (Airports)	n/a	Active Participant List
B2 - ACDBE Active Participants List (firms)
BB - Removing DBE Firm Eligibility
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 Networth Statement
H - Uniform Certification Application	n/a	Uniform Certificate 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	Uniform Report Template - Awards and Commitments
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 - Notice of denial or decertification
U1 - Reapplication for DBE/ACDBE
U2 - Application for DBE/ACDBE
V - UCP Reevaluation of applications for DBE/ACDBE
W - Setting Overall Goals for DBE Participation
X - Analyzing Discrepancies (DBE Shortfall Analysis)
Y - Documenting Good Faith Efforts
Z - Maintaining Written Denial Letters

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ICR Summary of Burden

table that charts list of burden

	Total Request	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	1,310,320	1,118,664	0	191,656	0	0
Annual Time Burden (Hours)	6,793,946	5,184,510	0	1,609,436	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This information collection modifies, in part, the DBE program collection instruments listed in OMB Control No. 2105-0586 (issued May 8, 2024). It also adds to this Control Number the existing collection instruments that were previously listed in OMB Control No. 2105-0585 (issued November 8, 2022), to the extent that those collection instruments are still retained as part of the Department’s DBE and ACDBE regulations and are not duplicative of collection instruments accounted for as part of this Control. As a result, DOT discontinued OMB Control No. 2105-0585.

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Annual Cost to Federal Government: $1,808,058

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: 08/19/2026

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