Airport Concession Disadvantaged Business Enterprise (ACDBE) Program

Forms and Documents

Document Name	Status
ACDBE PRA 30-day corrective notice 2022-08771.pdf Supplementary Document	2022-04-25
2120-New Supporting Statement ACDBE Program R4.docx Supporting Statement A	2022-04-27
PLAW-115publ254 sec. 157.pdf Supplementary Document	2022-04-19
49 USC 47113.pdf Supplementary Document	2022-04-19
49 U.S.C. 47107(e).pdf Supplementary Document	2022-04-19
49 CFR part 23.pdf Supplementary Document	2022-04-19
FAA_CivilRightsConnect_UserGuide.pdf Supplementary Document	2022-04-19

IC Document Collections

IC ID	Document Title	Status
252980	Approval of LTE Agreements Instruction	New
252978	Shortfalls in Meeting Overall ACDBE Goals - Recordkeeping Instruction	New
252977	Shortfalls in Meeting Overall ACDBE Goals - Reporting Instruction	New
252976	Submit Overall Goal Information to the FAA Instruction	New
252975	Monitoring and Compliance Procedures Instruction	New
252973	Annual report on ACDBE participation Instruction	New
252971	Submission of ACDBE Program to the FAA Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202204-2120-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOT/FAA	Agency Tracking No: Ready for FAA Review
Title: Airport Concession Disadvantaged Business Enterprise (ACDBE) 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: 04/27/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	15,326	0
Time Burden (Hours)	2,224,391	0
Cost Burden (Dollars)	0	0

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Abstract: Respondents to this collection are primary airport recipients of FAA financial assistance. Respondents submit information using the FAA Civil Rights Connect System (FAA Connect). FAA Connect is an electronic web-based FAA Office of Civil Rights external programs information system. FAA Connect is located at: https://faa.civilrightsconnect.com/FAA/login.asp. This information includes the following information collection instruments: 1. Submission of ACDBE program plan to the FAA – Reporting Requirement 49 CFR 23.21 requires respondents to submit an ACDBE program to the FAA for approval. Paragraph (d) of section 23.21 requires recipients that make any significant changes to their ACDBE programs to provide an amended program to the FAA for approval before implementing the changes. 2. Annual report on ACDBE participation – Reporting Requirement 49 CFR 23.27 requires respondents with approved ACDBE programs to submit a ‘‘Uniform Report of ACDBE Participation’’ (Uniform Report) each year, by March 1. 3. Monitoring and compliance procedures – Recordkeeping Requirement 49 CFR 23.29 requires respondents to include in their ACDBE programs specific provisions to be inserted into concession agreements and management contracts setting forth the enforcement mechanisms and other means the recipient uses to ensure compliance. 4. Requirements for submitting overall goal information to the FAA – Reporting Requirement 49 CFR 23.45 requires respondents to set and submit to the FAA an overall goal for ACDBE participation in concession opportunities every three years. 5. Requirements relating to shortfall in meeting the overall ACDBE goals – Reporting and Recordkeeping Requirement 49 CFR 23.57 requires respondents to submit or retain an analysis and corrective actions (shortfall analysis) if the awards and commitments shown on their Uniform Report at the end of any fiscal year are less than the overall goal applicable to that fiscal year. 6. Requirements relating to approval of long-term, exclusive (LTE) agreements – Reporting Requirement 49 CFR 23.75 requires respondents to submit certain documentation and information to the FAA to obtain approval to enter into long-term exclusive (LTE) agreements for concessions. Responding to any part of this collection is required to obtain or retain a benefit (i.e., to receive Federal financial assistance for airport development projects).

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Authorizing Statute(s): PL: Pub.L. 115 - 254 157 Name of Law: FAA Reauthorization Act of 2018
   US Code: 49 USC 47107 Name of Law: Project grant application approval conditioned on assurances about airport operations
   US Code: 49 USC 47113 Name of Law: Minority and disadvantaged business participation
  

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 58999	10/25/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 15484	03/18/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Annual report on ACDBE participation
Approval of LTE Agreements
Monitoring and Compliance Procedures
Shortfalls in Meeting Overall ACDBE Goals - Recordkeeping
Shortfalls in Meeting Overall ACDBE Goals - Reporting
Submission of ACDBE Program to the FAA
Submit Overall Goal Information to the FAA

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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	15,326	0	0	15,326	0	0
Annual Time Burden (Hours)	2,224,391	0	0	2,224,391	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The Federal Aviation Administration (FAA) requests the Office of Management and Budget’s (OMB) approval of a new information collection. A review by the Department of Transportation (Department/DOT) identified various aspects of the Airport Concession Disadvantaged Business Enterprise (ACDBE) program that have existed as requirements for a long period of time, several decades in some cases, that contain collections of information that have not yet received OMB approval.

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Annual Cost to Federal Government: $696,893

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: 04/27/2022

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