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U.S. Department
of Transportation |
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400 Seventh St. S.W.
Washington, D.C. 20590 |
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Federal Transit
Administration |
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April 10, 2008 |
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Re: 2009 Annual DBE Goal
Dear FTA Grantee,
Thank you for your continued commitment to the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) Program. The purpose of this letter is to remind you of your annual DBE goal submission and publication responsibilities.
You must submit your 2009 annual DBE goal to FTA by August 1, 2008. See 49 CFR 26.45(f)(1). Before you can submit your annual goal, you are required to publish a notice of your proposed goal and accept comments on the goals for 45 days from the date of the notice. 49 CFR 26.45(g)(2). FTA recommends that you publish the required notice by June 15, 2008 to ensure that you are able to timely submit your annual goal by August 1, 2008. Please include a copy of your published notice with your 2009 annual DBE goal.
Failing to submit your FY 2009 annual DBE goal to FTA by August 1, 2008 puts you at risk of being in non-compliance with DOT’s DBE Regulations and the requirements of FTA’s Master Agreement. FTA’s actions for non-compliance may include suspension of drawdown privileges and refusing to approve new grants.
For information on how to establish your overall annual DBE goal, please refer to 49 CFR 26.45, which can be found on FTA’s DBE webpage at http://ftacms/cms/www.fta.dot.gov/dbe. Please ensure that your goal includes:
(a) A description of the methodology used to establish your base figure and the evidence used for calculations;
(b) A description of any adjustments made to the base figure and the evidence used for the adjustments; and
(c) Race-neutral and race-conscious projections with supporting documentation.[1]
If you have any questions or concerns regarding your 2009 annual DBE goal or publication responsibilities, please contact your Regional Civil Rights Officer or Nick Coates, at (202) 366-0808 or Nicholas.Coates@dot.gov.
Thank you for your continued efforts to ensure compliance with this important regulation.
Sincerely,
Cheryl Hershey
Acting Director
Office of Civil Rights
[1] FTA recipients in California, Oregon, Washington, Alaska, Arizona, Idaho, Montana, Nevada and Hawaii should review DOT’s Western States guidance, “Disadvantaged Business Enterprises; Western States Guidance for Public Transportation Providers”, 56 Fed. Reg. 14775, March 23, 2006 and 71 Fed. Reg. 48579, August 21, 2006. These FRN’s are available on FTA’s DBE webpage: www.fta.dot.gov/dbe
FTA Regional Civil Rights Officers
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