[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Proposed Rules]
[Page 58053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22626]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 23

[Docket No. DOT-OST-2021-0113]


Petition for Rulemaking; Airport Concession Disadvantaged 
Business Enterprise (ACDBE) Program

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Notice of grant of a petition for rulemaking.

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SUMMARY: This notification grants the petition for rulemaking submitted 
by the Airports Council International-North America (ACI-NA) requesting 
that DOT initiate rulemaking to revise and update agency rules 
pertaining to Participation of Disadvantaged Business Enterprise in 
Airport Concessions.

DATES: October 20, 2021.

ADDRESSES: National External Operations and Policy Programs, Federal 
Aviation Administration, 800 Independence Avenue SW, Room 1030, 
Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Gene E. Roth, Director, National 
External Operations and Policy Programs, Federal Aviation 
Administration, 800 Independence Avenue SW, Room 1030, Washington, DC 
20591, email [email protected], telephone 202-913-7502; or Marc 
Pentino, Associate Director, Disadvantaged Business Enterprise Programs 
Division, Departmental Office of Civil Rights, Office of the Secretary, 
1200 New Jersey Avenue SE, Washington, DC 20590, email 
[email protected], telephone 202-366-6968.

SUPPLEMENTARY INFORMATION: 

Background

    On June 30, 2021 ACI-NA submitted a petition for rulemaking 
requesting that DOT begin the process necessary to initiate a 
rulemaking to revise and update 49 CFR part 23. Specifically, ACI-NA 
requested that a number of regulatory issues important to airports be 
addressed to modernize the ACDBE program, including the definition of 
concession, the requirements for ACDBE program submittals, and the 
treatment of long-term exclusive agreements.
    DOT plans to initiate a rulemaking to update DOT's Disadvantaged 
Business Enterprise (DBE) and ACDBE regulations to alleviate burdens 
for lower-tiered recipients and aviation sponsors to have a DBE 
program, remove the ACDBE program requirement for non-hub primary 
airports, modernize the definition of ``regular dealer'' to reflect 
changing material handling practices in the field, enhance current 
requirements to ease the burden on prime contractors in finding 
competitive and qualified DBE subcontractors, adjust the DBE and ACDBE 
program personal net worth cap for inflation, formalize guidance 
establishing successful COVID-19 flexibilities, allow qualified DBEs to 
work on large multiyear projects, and make technical corrections and 
other necessary updates. For additional information, see the 
Department's Spring 2021 Unified Agenda, available at https://www.reginfo.gov/public/do/eAgendaMain. Select Department of 
Transportation from the drop-down menu for the current agenda, and then 
select RIN 2105-AE98.

Conclusion

    Having received this petition for rulemaking related to 49 CFR part 
23, DOT has decided that ACI-NA's petition merits further consideration 
through the rulemaking process and hereby grants its petition for 
rulemaking using the existing RIN 2105-AE98.
    The granting of the petition from ACI-NA, however, does not 
indicate that a final rule will be issued as requested by ACI-NA. The 
determination of whether to issue a rule and the content of the rule is 
made after the study of the requested action and the various 
alternatives in the course of the rulemaking proceeding, in accordance 
with statutory criteria.

    Signed in Washington, DC, on October 13, 2021.
Irene B. Marion,
Director, Departmental Office of Civil Rights, Department of 
Transportation.
[FR Doc. 2021-22626 Filed 10-19-21; 8:45 am]
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