Yesterday the DOT published a Notice of Final Rule and Proposed Rule regarding participation by disadvantaged business enterprises in airport concessions. The rule “revises and updates the Department’s regulation concerning participation by airport concessionaire disadvantaged business enterprises (ACDBEs) in the concessions activities of airports receiving Federal financial assistance from the airport improvement program (AIP) of the Federal Aviation Administration (FAA).” It also makes the ACDBE concessions rule parallel to the DOT’s DBE regulation for Federally-assisted contracts.
In developing the final rule, the DOT focused on issues such as small business size standards, personal net worth standards, counting of ACDBE participation by car rental companies, and the goal-setting process. The Notice provides a detailed analysis of the sections affected by the revisions, comments received to the revisions, explanations of the revisions, the rationale for each revision and the intent for how the revisions should be interpreted and implemented.
The rule is effective April 21, 2005. If you would like further information after reviewing the rule, 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) 366-9310 (voice), (202) 366-9313 (fax), (202) 755-7687 (TTY), firstname.lastname@example.org (e-mail); and Michael Freilich, National External Program Manager, Office of Civil Rights, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. Phone numbers 202-267-7551 (voice), 202-267-5565 (fax).