[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Proposed Rules]
[Pages 57336-57337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22708]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 26

[Docket No. OST-2012-0147]
RIN 2105-AE08


Disadvantaged Business Enterprise: Program Implementation 
Modifications

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM); Notice of Reopening 
Comment Period and Public Listening Session.

-----------------------------------------------------------------------

SUMMARY: On September 6, 2012, the Department of Transportation (DOT) 
issued a notice of proposed rulemaking (NPRM) concerning various 
modifications to the Department's Disadvantaged Business Enterprise 
(DBE) Program. In a later notice published on October 25, 2012, the 
Department extended the public comment period until December 24, 2012. 
Various commenters to the NPRM expressed interest in the Department 
holding a public meeting on the proposed changes prior to issuing a 
final rule. The Department agrees. The Department will hold a public 
listening session on the changes proposed in the NPRM on October 9, 
2013, from 12:00 p.m. EDT to 4:00 p.m. EDT in the Department's 
Washington, DC headquarters. The Department is simultaneously reopening 
the comment period from September 18, 2013 to October 30, 2013. 
Interested persons from both the public and private sectors are invited 
to offer their views orally or in writing on specific aspects of the 
NPRM noted below.

DATES: A public listening session will be held on October 9, 2013, in 
Washington, DC, which will commence at 12:00 noon EDT and end no later 
than 4:00 p.m. EDT. The comment period for the NPRM is extended to 
October 30, 2013.

ADDRESSES: (1) Public Listening Session: The public listening session 
will be held at DOT's Washington, DC Headquarters at 1200 New Jersey 
Avenue SE., Washington, DC 20590, in the Oklahoma City conference room 
located on the ground floor of the West Building. (2) Attendance: Due 
to security and seating limitations, any person wishing to attend the 
listening session should register at least five business days before 
the date of the session (October 2, 2013) by going to the OSDBU Web 
site at www.dot.gov/osdbu. Seating is on a first-come first-served 
basis and space is limited. For information on facilities or services 
for persons with disabilities or to request special assistance at the 
meeting, please contact Marilyn Hearns in DOT's Office of General 
Counsel by telephone (202-366-9154) or by email 
([email protected]) as soon as possible. (3) Teleconference: 
Please contact Marilyn Hearns if you wish to participate in this public 
listening session via teleconference line.

FOR FURTHER INFORMATION CONTACT: Jo Anne Robinson, Office of General 
Law, U.S. Department of Transportation, 1200 New Jersey Avenue SE., 
Washington, DC 20590, 202-366-6984, [email protected].

SUPPLEMENTARY INFORMATION: On September 6, 2012, the Department 
published a notice of proposed rulemaking (NPRM) entitled, 
``Disadvantaged Business Enterprise: Program Implementation 
Modifications,'' at 77 FR 54952, that proposed various changes to the 
Department's DBE program, including: revisions to personal net worth, 
application, and reporting forms; modifications to various 
certification-related provisions of the rule; and revisions to several 
other provisions of the rule, concerning such subjects as good faith 
efforts, transit vehicle manufacturers and goal setting. The Department 
then published a notice on October 25, 2012, at 77 FR 651164, that 
corrected minor errors in the NPRM related to the Paperwork Reduction 
Act and extended the public comment period until December 24, 2012. 
Several commenters suggested that the Department hold a public meeting 
or listening session on the proposed changes before issuing a final 
rule. After reviewing the comments, the Department agrees that a public 
listening session would be helpful to all relevant stakeholders as well 
as interested members of the public and has scheduled a public 
listening session for October 9, 2013.

Listening Session

    The listening session will provide an opportunity for interested 
parties to articulate the issues and concerns they have with certain 
aspects of the NPRM. In particular, the Department is interested in 
hearing from the public on the following:
    1. What are the specific, quantifiable costs and benefits 
associated with completing or reviewing the proposed forms (Personal 
Net Worth, Certification Application, Uniform Report on Awards/
Commitments; DBE Payment Data) from the perspective of a certifying 
entity, an applicant firm, or a recipient (where applicable);

[[Page 57337]]

    2. What are the specific, quantifiable costs and benefits 
associated with requiring certified DBEs to submit additional documents 
with the annual no change affidavit from the perspective of a 
certifying entity and a certified DBE;
    3. What are the specific, quantifiable costs and benefits 
associated with requiring good faith efforts documentation when bids 
are due and requiring additional documents (i.e., DBE and non-DBE 
quotes, DBE subcontracts) from the perspective of a prime contractor, a 
DBE, and the recipient letting the contract.
    Any person wishing to participate in the listening session should 
notify DOT by telephone or by email, at the addresses provided in the 
Attendance section of this notice at least five business days prior to 
the date of the listening session (October 2, 2013). The notification 
should identify the party the person represents, and the particular 
subject(s) described above the person plans to address. The 
notification should also provide the participant's contact information. 
Please put ``NPRM Listening Session'' in the subject line of the email 
notification.
    At the listening session, a DOT representative will make an opening 
statement outlining the procedures for the session. Speakers' remarks 
will be limited to 5 minutes each, although the Department may need to 
limit the duration of presentations, if necessary, to provide all 
participants the opportunity to speak. If sufficient time exists after 
all initial statements by those wishing to speak have been completed, 
the Department may allow those persons wishing to make a brief rebuttal 
to do so in the same order in which the initial statements were made. 
If necessary, the Department may provide additional instructions and 
modify speaking limits at the time of the listening session. A 
transcript of the discussions will be made a part of the public docket 
in this rulemaking.

Extension of Comment Period

    To accommodate the public listening session and to provide 
interested parties the opportunity to submit comments in response to 
views or information provided at the public listening session, the 
Department is reopening the comment period for this rulemaking from 
September 18, 2013 to October 30, 2013. You may submit comments 
(identified by the agency name and DOT Docket ID Number OST-2012-0147) 
by any of the following methods:
     Federal Rulemaking Portal: Go to www.regulations.gov and 
follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001. Materials may also be 
submitted directly to DOT staff at the public listening session.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.

    Issued this 9th day of September, 2013 at Washington, DC, under 
authority delegated in 49 CFR 1.27.
Kathryn B. Thomson,
Acting General Counsel.
[FR Doc. 2013-22708 Filed 9-17-13; 8:45 am]
BILLING CODE 4910-9X-P