DOT DBE Program

Forms and Documents

Document Name	Status
DBE New Collection Supporting Statement FINAL.pdf Supporting Statement A	2022-03-09
DBE 60-day Notice PRA New Info Collection Request.pdf Supplementary Document	2022-03-08
DBE New Collection 30-day FRN.pdf Supplementary Document	2022-03-08

IC Document Collections

IC ID	Document Title	Status
252059	Writing and submitting narratives of social and economic disadvantage when applying for DBE certification based on an individualized showing of disadvantaged	New
252057	Providing a copy of application materials to an additional state when a certified firm applies to another state	New
252056	Sending the Department a full administratiive record when the Department gives notices that a denied or decertified firm appeal to the Department and maintaining a copy of the record	New
252055	Mailing and maintaining copies of summary suspension notices	New
252054	Removing the eligibility of a DBE firm	New
252053	Maintaining copies of denial letters sent to applicant firms and sending copies to DOT upon request	New
252052	Evaluating the DBE certification eligibility of applicant form	New
252051	Drafting and updating Unified Certification Program (UCP) Agreements	New
252050	Documenting and submitting evidence of having made good faith efforts to secure DBE participation in DOT assisted contracts	New
252049	Projecting which portions of overall goals of DBE participation will be me through race-neutral means and which portions will be met through race conscious means	New
252048	Requiring TVMs to comply with the DBF regulation's goal setting requirements	New
252047	Requiring transit vehicle manufacturers to comply with the DBE regulations goal setting requirements	New
252046	Analyzing discrepancies between Uniform Report data and all recipients overall goals	New
252043	Setting overall goals for DBE participation in DOT-assisted contracts	New
252042	Addressing Overconcentration of DBEs in certain types of work	New
252041	Monitoring the Performance of DBR program Participants	New
252040	Maintaining DBE Directories	New
252039	Maintaining Bidders List	New

ICR Details

OMB Control No:	ICR Reference No: 202203-2105-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: DOT DBE Program
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: 03/10/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	1,595,948	0
Time Burden (Hours)	0	0
Cost Burden (Dollars)	57,533,396	0

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Abstract: This is to request the Office of Management and Budget’s (OMB) approval of the Department of Transportation’s (Department/DOT) information collection titled “Disadvantaged Business Enterprise Program Collections” (Collection). The Bipartisan Infrastructure Law (BIL, enacted as the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58 (Nov. 15, 2021)) states that Congress continues to find that there is a compelling need for the continuation of the DBE program. The BIL directs, except to the extent that the Secretary of Transportation determines otherwise, that not less than 10 percent of the amounts made available for any program under Division A-Surface Transportation, with limited exceptions, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. The statutory provision governing the DBE program as it relates to airport financial assistance programs is 49 U.S.C. 47113. The Department’s implementing regulations are set forth in 49 CFR Parts 23 and 26.

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Authorizing Statute(s): US Code: 49 USC 47113
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 31813	06/15/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 51439	09/15/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

IC Title	Form No.	Form Name
Addressing Overconcentration of DBEs in certain types of work
Analyzing discrepancies between Uniform Report data and all recipients overall goals
Documenting and submitting evidence of having made good faith efforts to secure DBE participation in DOT assisted contracts
Drafting and updating Unified Certification Program (UCP) Agreements
Evaluating the DBE certification eligibility of applicant form
Mailing and maintaining copies of summary suspension notices
Maintaining Bidders List
Maintaining DBE Directories
Maintaining copies of denial letters sent to applicant firms and sending copies to DOT upon request
Monitoring the Performance of DBR program Participants
Projecting which portions of overall goals of DBE participation will be me through race-neutral means and which portions will be met through race conscious means
Providing a copy of application materials to an additional state when a certified firm applies to another state
Removing the eligibility of a DBE firm
Requiring TVMs to comply with the DBF regulation's goal setting requirements
Requiring transit vehicle manufacturers to comply with the DBE regulations goal setting requirements
Sending the Department a full administratiive record when the Department gives notices that a denied or decertified firm appeal to the Department and maintaining a copy of the record
Setting overall goals for DBE participation in DOT-assisted contracts
Writing and submitting narratives of social and economic disadvantage when applying for DBE certification based on an individualized showing of disadvantaged

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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	1,595,948	0	0	1,595,948	0	0
Annual Time Burden (Hours)	0	0	0	0	0	0
Annual Cost Burden (Dollars)	57,533,396	0	0	57,533,396	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $3,672

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.     No

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: 03/10/2022

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