[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17782-17786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07132]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2015-0255]


Request for Comments

AGENCY: Office of the Secretary, U.S. Department of Transportation.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the U.S. Department of 
Transportation (DOT) will forward the Information Collection Request 
(ICR) abstracted below to the Office of Management and Budget (OMB) for 
clearance. The ICR describes the nature of the information collection 
and its expected cost and burden hours. The Federal Register Notice, 
with a 60-day comment period soliciting comments on the questionnaire, 
was published on December 30, 2015, [FR Vol. 80, No. 250, page 81671]. 
One comment was received.

DATES: Comments on this notice must be received by April 29, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal to the DOT/OST Desk Officer, Office of Information and 
Regulatory Affairs, Office of Management and Budget, Docket Library, 
Room 10102, 725 17th Street NW., Washington, DC 20503, or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sam Brooks, Equal Opportunity 
Specialist (S-33), Departmental Office of Civil Rights, Office of the 
Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Washington, DC 20590, 202-366-7145.

SUPPLEMENTARY INFORMATION:
    Form Title(s): Voluntary Web-Based Questionnaire of Airport 
Concession Disadvantaged Business Enterprises and Disadvantaged 
Business Enterprise Firms.
    Form Number: None.
    OMB Control Number: None.
    Abstract: The DOT's Operating Administrations distribute 
substantial funds each year to finance construction projects initiated 
by state and local governments, public transit and airport agencies. 
The DOT has the important responsibility of ensuring that firms 
competing for DOT-assisted contracts for these projects are not 
disadvantaged by unlawful discrimination. The DOT's most important tool 
for meeting this requirement has been its Disadvantaged Business 
Enterprise (DBE) program, which originally began in 1980 as a minority/
women's business enterprise program established by regulation under the 
authority of Title VI of the Civil Rights Act of 1964 and other 
nondiscrimination statutes that apply to DOT financial assistance 
programs. The DBE program was reauthorized by Congress several times 
since its inception; most recently in the ``Fixing America's Surface 
Transportation Act'' or the ``FAST-ACT,'' (P.L. 114-94, December 4, 
2015), See more at: https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise#sthash.67nZv63S.dpuf, which funded 
surface transportation programs for highways, highway safety, and 
transit. Section 1101(b) of the Act describes Congress's findings 
regarding the continued need for the DBE program due to the 
discrimination and related barriers that pose significant obstacles for 
minority and women-owned businesses seeking federally-assisted surface 
transportation work. The DBE program focuses primarily on construction 
and professional services contracts, while the airport concession 
disadvantaged business enterprise (ACDBE) program focuses on lease and 
supplier agreements for food, beverage, retail, and car rental 
services. Congress raised concerns that discrimination and related 
barriers continue to pose obstacles to disadvantaged firms seeking to 
do business at U.S. airports. The information requested will assist DOT 
in measuring whether both programs are achieving the objectives to 
create a level playing field on which ACDBEs/DBEs can compete fairly 
and assist in the development of ACDBE/DBE firms to compete 
successfully in the marketplace.
    The single comment that was received by DOT during the 60-day 
comment period was provided by a trade association and had four 
components. The association (1) asked DOT to use the data collection 
measure to address the issue of out-of-date DBE directories; (2) 
observed that prime contractors need better information on the types of 
construction work DBEs are able to perform; (3) requested that the 
questionnaire ``query DBE firms on the issue of training;'' and (4) 
asked DOT to evaluate the responses regarding perceived barriers or 
challenges from the perspective of all parties. After careful 
consideration, DOT makes due note of all four components. Only items 
(1) and (3) appear to request changes to proposed questions. However, 
as these items are not strictly germane to the stated purpose 
(measuring the objective of creating a level playing field) of the 
questionnaire, the Department respectfully declines to alter the 
content of the questions.
    The questionnaire will be for the use of ACDBE and DBE certified 
firms, so that they can provide information regarding the nature of 
their business and bidding history, and perceived barriers/challenges 
that may have prevented them from receiving a contract or successfully 
competing in DOT's ACDBE/DBE program. A link to the questionnaire will 
be made available by DOT's Departmental Office of Civil Rights for use 
by the Department's state and local recipients, which can in turn post 
this link on their own Web sites.

[[Page 17783]]

The information collected will be used to assist DOT in measuring 
whether the ACDBE/DBE program is achieving its objectives. The DOT 
estimates that it takes an individual approximately 10 minutes to 
complete the questionnaire.
    Type of Request: New information collection.
    Affected Public: Airport Concession Disadvantaged Business 
Enterprises and Disadvantaged Business Enterprises certified under the 
authority of 49 CFR parts 23 and 26.
    Total Annual Estimated Burden: 628 hours.
    Frequency of Collection: An individual's completion of the 
questionnaire is solely voluntary.
    Comments are Invited on: Any aspect of this information collection, 
including
    (a) whether the proposed collection of information is necessary for 
the proper performance of DOT's ACDBE/DBE program; (b) the accuracy of 
the estimated burden; (c) ways for the Department to enhance the 
quality, utility and clarity of the information collection; and (d) 
ways that the burden could be minimized without reducing the quality of 
the collected information. Comments should be sent to the address in 
the preamble. All responses to this notice will be summarized and 
included in the request for Office of Management and Budget approval. 
All comments will also become a matter of public record.

    Issued in Washington, DC, on March 23, 2016.
Habib Azarsina,
OST Privacy and PRA Officer, U.S. Department of Transportation.

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[FR Doc. 2016-07132 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-9X-P