“Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Modifications”

Forms and Documents

Document Name	Status
Final NPRM PRA Supporting Statement .pdf Supporting Statement A	2022-07-21

IC Document Collections

IC ID	Document Title	Status
254741	Uniform Report	New
254740	Sending and maintaining copies of notices of summary suspension	New
254739	DBE Performance Plan	New
254738	Updating and maintaining State directories of DBE and ACDBE firms	New
254730	Reporting Percentages of DBEs in Various Categories (MAP-21 Data Report)	New
254728	Maintaining and updating bidders lists	New
254724	Annual Affidavit of No Change	New
254723	Uniform Certification Application	New
254719	Personal Net Worth Statement	New
254718	Long-term exclusive agreements	New
254717	ACDBE Annual Report of Percentages of ACDBEs in Various Categories	New
254716	ACDBE active participants list	New
254715	ACDBE active participants list	New
254710	ACDBE small business element	New

ICR Details

OMB Control No:	ICR Reference No: 202207-2105-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: “Disadvantaged Business Enterprise Program and Airport Concession Disadvantaged Business Enterprise Program Modifications”
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/21/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	77,167	0
Time Burden (Hours)	1,491,623	0
Cost Burden (Dollars)	301,587,304	0

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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 Notice of Proposed Rulemaking (NPRM). The proposed changes in the NPRM seek to update the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) program regulations at 49 CFR Parts 26 and 23, respectively. The proposed changes in the NPRM include new collection instruments as well as updates to existing collection instruments. This Supporting Statement includes five DBE program collection instruments for which OMB renewed approval on March 1, 2022. The Department is including them in this Supporting Statement because the NPRM 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; as of the date of the submission of this Supporting Statement, approval from OMB is pending. 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). As of the date of the submission of this Supporting Statement, approval from OMB is pending.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2105-AE98	Proposed rulemaking	87 FR 139	07/21/2022

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 14

IC Title	Form No.	Form Name
ACDBE Annual Report of Percentages of ACDBEs in Various Categories
ACDBE active participants list
ACDBE active participants list
ACDBE small business element
Annual Affidavit of No Change
DBE Performance Plan
Long-term exclusive agreements
Maintaining and updating bidders lists
Personal Net Worth Statement
Reporting Percentages of DBEs in Various Categories (MAP-21 Data Report)
Sending and maintaining copies of notices of summary suspension
Uniform Certification Application
Uniform Report
Updating and maintaining State directories of DBE and ACDBE firms

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ICR Summary of Burden

	Total Request	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	77,167	0	0	77,167	0	0
Annual Time Burden (Hours)	1,491,623	0	0	1,491,623	0	0
Annual Cost Burden (Dollars)	301,587,304	0	0	301,587,304	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: Several ICs have a burden decrease: Sending and maintaining copies of notices of summary suspension; Annual Affidavit of No Change; Uniform Certification Application; and Personal Net Worth Statement, Please see Supporting Statement for explanations.

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Annual Cost to Federal Government:

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.     Yes

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

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Common Form ICR:  No

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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: 07/21/2022

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