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OMB Control No: 2105-0586	ICR Reference No: 202608-2105-001
Status: Historical Inactive	Previous ICR Reference No: 202403-2105-004
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Modifications
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/25/2026
	Date Received in OIRA: 08/19/2026
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved	05/31/2027
Responses	1,118,664	0	1,118,664
Time Burden (Hours)	5,184,510	0	5,184,510
Cost Burden (Dollars)	0	0	0

Abstract: This submission seeks approval for new collections, and revisions to existing collections proposed in an Interim Final Rule on October 3, 2025 (90 Fed. Reg. 47969-47982) concerning the Disadvantaged Business Enterprise (DBE) regulation 49 CFR Part 26 and the Airport Concession DBE (ACDBE) program regulations 49 CFR Part 23. This information collection modifies, in part, the DBE program collection instruments listed in OMB Control No. 2105-0586 (issued May 8, 2024). It also adds to this Control Number the existing collection instruments that were previously listed in OMB Control No. 2105-0585 (issued November 8, 2022), to the extent that those collection instruments are still retained as part of the Department’s DBE and ACDBE regulations and are not duplicative of collection instruments accounted for as part of this Control. As a result, DOT discontinued OMB Control No. 2105-0585. This interim final rule (IFR) ensures that the U.S. Department of Transportation (DOT or Department) operates its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) Programs (collectively, Programs) in a nondiscriminatory fashion--in line with law and the U.S. Constitution. The IFR removes race- and sex-based presumptions of social and economic disadvantage that violates the U.S. Constitution.

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-AF33	Proposed rulemaking	90 FR 47969	10/03/2025

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This information collection modifies, in part, the DBE program collection instruments listed in OMB Control No. 2105-0586 (issued May 8, 2024). It also adds to this Control Number the existing collection instruments that were previously listed in OMB Control No. 2105-0585 (issued November 8, 2022), to the extent that those collection instruments are still retained as part of the Department’s DBE and ACDBE regulations and are not duplicative of collection instruments accounted for as part of this Control. As a result, DOT discontinued OMB Control No. 2105-0585.

Annual Cost to Federal Government: $1,808,058

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

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