[Federal Register Volume 86, Number 80 (Wednesday, April 28, 2021)]
[Notices]
[Pages 22515-22516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08873]


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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2021-0045]


Agency Request for Renewal of a Previously Approved Information 
Collection(s): Disadvantaged Business Enterprise Program Collections

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Transportation (DOT) invites public comments 
about our intention to request the Office of Management and Budget 
(OMB) approval to renew information collections associated with DOT's 
Disadvantaged Business Enterprise (DBE) and Airport Concessions DBE 
(ACDBE) program. These collections are: Uniform Report of DBE Awards or 
Commitments and Payments, the Uniform Certification Application Form, 
Annual Affidavit of No Change, DOT Personal Net Worth Form, and 
Reporting Requirements for Percentages of DBEs in Various Categories. 
The instruction page of the Uniform Certification Application will be 
modified to reflect recent updates to the DBE program's gross receipts 
limitations that took effect after the 2018 OMB approval of the current 
application form. Specifically, the Department increased the DBE 
program regulation's gross receipts limit for DBE firms from $23.98 
million to $26.29 million and excluded Federal Aviation Administration 
(FAA) projects from being subject to the gross receipts limit.

DATES: Written comments should be submitted by June 28, 2021.

ADDRESSES: You may submit comments [identified by Docket No. DOT-OST-
2021-0045] through one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: Docket Management Facility, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marc Pentino, (202) 366-6968, 
[email protected], or Aarathi Haig, [email protected]/
Departmental Office of Civil Rights, Office of the Secretary, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590

SUPPLEMENTARY INFORMATION: All five collections were previously 
approved under one OMB Control Number to allow DOT to more efficiently 
administer the DBE program. The information to be collected is 
necessary because it helps to ensure that State and local recipients 
that let federally funded contracts carry out their mandated 
responsibility to provide a level playing field for small businesses 
owned and controlled by socially and economically disadvantaged 
individuals. We are required to publish this notice in the Federal 
Register by the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, 
as amended (Pub. L. 104-13).
    OMB Control Number: 2105-0510.
    Title: Disadvantaged Business Enterprise Program Collections.
    Form Numbers: Not applicable.
    Type of Review: Renewal of an information collection.
    Background: DOT's DBE program is mandated by statute, including 
Section 1101(b) of the Fixing America's Surface Transportation Act 
(FAST Act) (Pub. L. 114-94) and 49 U.S.C. 47113. The Department's final 
regulations implementing these statutes are 49 CFR parts 23 and 26. The 
program is implemented by recipients of DOT financial assistance (State 
highway agencies, transit authorities, and airports).
    The ``Uniform Report of DBE Awards or Commitments and Payments'' is 
necessary for the Department to be able to carry out its oversight 
responsibilities. It implements statutory reporting requirements and 49 
CFR. 26.11 and 26.47.
    The ``Uniform Certification Application Form'' is necessary to 
implement 49 CFR 26.83(c)(2) and determine whether a particular firm 
qualifies for certification as a DBE.
    The ``Annual Affidavit of No Change'' is mandated under 49 CFR 
26.83(j) and is necessary to ensure the integrity of the DBE program 
that requires DBEs annually state that they remain eligible for the 
program.
    The ``Personal Net Worth Form'' is necessary to implement the 
requirement found in 49 CFR 26.67(a)(2) that a firm applying for DBE 
status must certify that the personal net worth of the owners does not 
exceed the current maximum threshold of $1.32 million.
    The ``Percentages of DBEs in Various Categories'' collection is 
necessary to implement a long-standing statutory requirement calling on 
States to report annually, a list of small businesses certified as DBEs 
that are owned and controlled by socially and economically 
disadvantaged individuals, most recently included at section 
1101(b)(4)(A) and (B) of the FAST Act. Submission of this information 
will also satisfy 49 CFR 26.11(e).
    The information collections support one of DOT's strategic 
objectives of mission efficiency and support. The collection also helps 
ensure that State and local recipients that let federally funded 
contracts carry out their mandated responsibility to ensure that only 
eligible small businesses owned and controlled by socially and 
economically disadvantaged individuals may compete for such contracts 
as a DBE.

Uniform Report of DBE Awards/Commitments and Payments

    Respondents: State and local recipients of DOT funds.
    Number of Respondents: 1,198 recipients.
    Frequency: Once/twice a year.
    Number of Responses: 1,198 (one per recipient).
    Total Annual Burden: 315 hours and $61,000.

Uniform Certification Application Form.

    Respondents: Firms applying for initial DBE or ACDBE certification.
    Number of Respondents: 9,500.
    Frequency: Once during initial certification.
    Number of Responses: 9,500 (one per respondent).
    Total Annual Burden: 40 hours and $2,000.

Annual Affidavit of No Change

    Respondents: Firms that have DBE or ACDBE certification.
    Number of Respondents: 38,000.
    Frequency: Once per year.
    Number of Responses: 38,000 (one per respondent).
    Total Annual Burden: 3 hours per respondent.

Personal Net Worth Form

    Respondents: Firms applying for DBE or ACDBE certification.
    Number of Respondents: 9,500.
    Frequency: Once.
    Number of Responses: One.
    Total Annual Burden: 20 hours per respondent.

Percentage of DBEs in Various Categories

    Respondents: States (through their Unified Certification Programs).

[[Page 22516]]

    Number of Respondents: 53 (50 states, plus the District of 
Columbia, Puerto Rico, and the Northern Mariana Islands).
    Frequency: Once per year.
    Number of Responses: One.
    Total Annual Burden: 180 hours and $10,000.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including (a) Whether the proposed 
collection of information is necessary for the Department's 
performance; (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. The agency 
will summarize and/or include your comments in the request for OMB's 
clearance of this information collection.

(Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 
35, as amended; and 49 CFR 1.49.)

    Issued in Washington, DC, on April 23, 2021.
Irene Marion,
Director, Departmental Office of Civil Rights.
[FR Doc. 2021-08873 Filed 4-27-21; 8:45 am]
BILLING CODE 4910-9X-P