View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
ICR Reference No:
202204-2120-002
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
DOT/FAA
Agency Tracking No:
Ready for FAA Review
Title:
Airport Concession Disadvantaged Business Enterprise (ACDBE) Program
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Improperly submitted
Conclusion Date:
06/24/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/27/2022
Terms of Clearance:
The agency should resubmit this information collection as an existing collection without an OMB Control number.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
36 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
Respondents to this collection are primary airport recipients of FAA financial assistance. Respondents submit information using the FAA Civil Rights Connect System (FAA Connect). FAA Connect is an electronic web-based FAA Office of Civil Rights external programs information system. FAA Connect is located at: https://faa.civilrightsconnect.com/FAA/login.asp. This information includes the following information collection instruments: 1. Submission of ACDBE program plan to the FAA – Reporting Requirement 49 CFR 23.21 requires respondents to submit an ACDBE program to the FAA for approval. Paragraph (d) of section 23.21 requires recipients that make any significant changes to their ACDBE programs to provide an amended program to the FAA for approval before implementing the changes. 2. Annual report on ACDBE participation – Reporting Requirement 49 CFR 23.27 requires respondents with approved ACDBE programs to submit a ‘‘Uniform Report of ACDBE Participation’’ (Uniform Report) each year, by March 1. 3. Monitoring and compliance procedures – Recordkeeping Requirement 49 CFR 23.29 requires respondents to include in their ACDBE programs specific provisions to be inserted into concession agreements and management contracts setting forth the enforcement mechanisms and other means the recipient uses to ensure compliance. 4. Requirements for submitting overall goal information to the FAA – Reporting Requirement 49 CFR 23.45 requires respondents to set and submit to the FAA an overall goal for ACDBE participation in concession opportunities every three years. 5. Requirements relating to shortfall in meeting the overall ACDBE goals – Reporting and Recordkeeping Requirement 49 CFR 23.57 requires respondents to submit or retain an analysis and corrective actions (shortfall analysis) if the awards and commitments shown on their Uniform Report at the end of any fiscal year are less than the overall goal applicable to that fiscal year. 6. Requirements relating to approval of long-term, exclusive (LTE) agreements – Reporting Requirement 49 CFR 23.75 requires respondents to submit certain documentation and information to the FAA to obtain approval to enter into long-term exclusive (LTE) agreements for concessions. Responding to any part of this collection is required to obtain or retain a benefit (i.e., to receive Federal financial assistance for airport development projects).
Authorizing Statute(s):
PL:
Pub.L. 115 - 254 157
Name of Law: FAA Reauthorization Act of 2018
US Code:
49 USC 47107
Name of Law: Project grant application approval conditioned on assurances about airport operations
US Code:
49 USC 47113
Name of Law: Minority and disadvantaged business participation
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
86 FR 58999
10/25/2021
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 15484
03/18/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
Annual report on ACDBE participation
Approval of LTE Agreements
Monitoring and Compliance Procedures
Shortfalls in Meeting Overall ACDBE Goals - Recordkeeping
Shortfalls in Meeting Overall ACDBE Goals - Reporting
Submission of ACDBE Program to the FAA
Submit Overall Goal Information to the FAA
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The Federal Aviation Administration (FAA) requests the Office of Management and Budget’s (OMB) approval of a new information collection. A review by the Department of Transportation (Department/DOT) identified various aspects of the Airport Concession Disadvantaged Business Enterprise (ACDBE) program that have existed as requirements for a long period of time, several decades in some cases, that contain collections of information that have not yet received OMB approval.
Annual Cost to Federal Government:
$696,893
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.
No
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
Agency Contact:
Tanya Glines 801 257-5085 tanya.glines@faa.gov
Common Form ICR:
No
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:
04/27/2022