DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR part 23 and 26

[Docket OST-97-2550 ; Notice 97-  5 ]

RIN  2105-AB92

Participation by Disadvantaged Business Enterprises in Department of Transportation Programs

AGENCY:  Office of the Secretary, DOT

ACTION:  Final rule
SUMMARY:  
This final rule revises the Department of Transportation’s regulations for its disadvantaged business enterprise (DBE) program.  The DBE program is intended to remedy past and current discrimination against disadvantaged business enterprises, ensure a "level playing field" and foster equal opportunity in DOT-assisted contracts, improve the flexibility and efficiency of the DBE program, and reduce burdens on small businesses.   This final rule replaces the former DBE regulation, which now contains only the rules for the separate DBE program for airport concessions, with a new regulation.  The new regulation reflects President Clinton's policy to mend, not end, affirmative action programs.  It modifies the Department's DBE program in light of developments in case law requiring "narrow tailoring" of such programs and last year's Congressional debate concerning the continuation of the DBE program.  It responds to comments on the Department's December 1992 notice of proposed rulemaking (NPRM) and its May 1997 supplemental notice of proposed rulemaking (SNPRM). 

DATES: This rule is effective [insert date 30 days from date of publication in the Federal Register].   Comments on  Paperwork Reduction Act matters should be received by [insert date 60 days from date of publication in the Federal Register]; however, late-filed comments will be considered to the extent practicable.

ADDRESSES:  Persons wishing to comment on Paperwork Reduction Act matters (see discussion at end of preamble) should send comments to Docket Clerk, Docket No. OST-97-2550, Department of Transportation, 400 7th Street, SW., Room 4107, Washington, DC  20590.   We emphasize that the docket is open only with respect to Paperwork Reduction Act matters, and the Department is not accepting comments on other aspects of the regulation.  We request that, in order to minimize burdens on the docket clerk's staff, commenters send three copies of their comments to the docket.  Commenters wishing to have their submissions acknowledged should include a stamped, self-addressed postcard with their comments.  The docket clerk will date stamp the postcard and return it to the commenter.  Comments will be available for inspection at the above address from 10 a.m. to 5:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:  Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, SW., Room 10424, Washington, DC  20590, phone numbers (202) 366-9306 (voice), (202) 366-9313 (fax), (202) 755-7687 (TDD), bob.ashby@ost.dot.gov (email); or David J. Goldberg, Office of Environmental, Civil Rights and General Law, Department of Transportation, 400 7th Street, SW., Room 5432, Washington, DC  20590, phone number (202)366-8023(voice), (202)366-8536 (fax).