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:
2105-0586
ICR Reference No:
202403-2105-004
Status:
Active
Previous ICR Reference No:
202207-2105-001
Agency/Subagency:
DOT/OST
Agency Tracking No:
Title:
Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Modifications
Type of Information Collection:
Existing collection in use without an OMB Control Number
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
05/08/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/09/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
05/31/2027
36 Months From Approved
Responses
1,118,664
0
0
Time Burden (Hours)
5,184,510
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
The U.S. Department of Transportation (Department/DOT) requests the Office of Management and Budget’s (OMB) approval of information collection instruments in the Department’s Final Rule. These changes update the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) program regulations at 49 CFR Parts 26 and 23, respectively. The changes include new collection instruments as well as updates to existing collection instruments. This Supporting Statement includes the DBE program collection instruments for which OMB renewed approval on March 1, 2022. The Department is including them in this Supporting Statement because the final rule would modify the paperwork burdens associated with those instruments. On March 10, 2022, OMB took under consideration the Department’s request for an OMB Control Number for an additional 18 DBE program information collection instruments that had not previously been submitted for OMB’s approval. On April 27, 2022, OMB took under consideration the Department’s request for an OMB Control Number for an Airport Concession Disadvantaged Business Enterprise (ACDBE) Program information collection that had not previously been submitted for approval (ICR Reference No: 202204-2120-002).
Authorizing Statute(s):
PL:
Pub.L. 117 - 58 11101
Name of Law: Bipartisan Infrastructure Law
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
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
2105-AE98
Final or interim final rulemaking
89 FR 24898
04/09/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
24
IC Title
Form No.
Form Name
A1 - ACDBE Small Business Element (Program Plan Submission)
A2 - ACDBE Small Business Element (SBE Participant Reporting)
B1 - ACDBE Active Participants List (Airports)
n/a
Active Participant List
B2 - ACDBE Active Participants List (firms)
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 Net Worth
H - Uniform Certification Application
n/a
Uniform Certification 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
DBE uniform Report Template
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 - Narratives for Social and Economic Disadvantage
U - Submitting Administrative Record (when the Department gives notices of a denied or decertified)
ICR Summary of Burden
Total Approved
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
1,118,664
0
0
1,118,664
0
0
Annual Time Burden (Hours)
5,184,510
0
0
5,184,510
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:
No
Burden Reduction Due to:
Short Statement:
This ICR is being updated to reflect new or modified requirements under a new rule. This is a new information collection to require recipients subject to the ACDBE program requirements to establish a small business element for concessions and report on the participation generated from their element.
Annual Cost to Federal Government:
$1,611,180
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
Agency Contact:
Marc Pentino 202 366-6968 marc.pentino@dot.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:
04/09/2024
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