81_FR_17843 81 FR 17782 - Request for Comments

81 FR 17782 - Request for Comments

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 81, Issue 61 (March 30, 2016)

Page Range17782-17786
FR Document2016-07132

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the U.S. Department of Transportation (DOT) will forward the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for clearance. The ICR describes the nature of the information collection and its expected cost and burden hours. The Federal Register Notice, with a 60-day comment period soliciting comments on the questionnaire, was published on December 30, 2015, [FR Vol. 80, No. 250, page 81671]. One comment was received.

Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17782-17786]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07132]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2015-0255]


Request for Comments

AGENCY: Office of the Secretary, U.S. Department of Transportation.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the U.S. Department of 
Transportation (DOT) will forward the Information Collection Request 
(ICR) abstracted below to the Office of Management and Budget (OMB) for 
clearance. The ICR describes the nature of the information collection 
and its expected cost and burden hours. The Federal Register Notice, 
with a 60-day comment period soliciting comments on the questionnaire, 
was published on December 30, 2015, [FR Vol. 80, No. 250, page 81671]. 
One comment was received.

DATES: Comments on this notice must be received by April 29, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposal to the DOT/OST Desk Officer, Office of Information and 
Regulatory Affairs, Office of Management and Budget, Docket Library, 
Room 10102, 725 17th Street NW., Washington, DC 20503, or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sam Brooks, Equal Opportunity 
Specialist (S-33), Departmental Office of Civil Rights, Office of the 
Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Washington, DC 20590, 202-366-7145.

SUPPLEMENTARY INFORMATION:
    Form Title(s): Voluntary Web-Based Questionnaire of Airport 
Concession Disadvantaged Business Enterprises and Disadvantaged 
Business Enterprise Firms.
    Form Number: None.
    OMB Control Number: None.
    Abstract: The DOT's Operating Administrations distribute 
substantial funds each year to finance construction projects initiated 
by state and local governments, public transit and airport agencies. 
The DOT has the important responsibility of ensuring that firms 
competing for DOT-assisted contracts for these projects are not 
disadvantaged by unlawful discrimination. The DOT's most important tool 
for meeting this requirement has been its Disadvantaged Business 
Enterprise (DBE) program, which originally began in 1980 as a minority/
women's business enterprise program established by regulation under the 
authority of Title VI of the Civil Rights Act of 1964 and other 
nondiscrimination statutes that apply to DOT financial assistance 
programs. The DBE program was reauthorized by Congress several times 
since its inception; most recently in the ``Fixing America's Surface 
Transportation Act'' or the ``FAST-ACT,'' (P.L. 114-94, December 4, 
2015), See more at: https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise#sthash.67nZv63S.dpuf, which funded 
surface transportation programs for highways, highway safety, and 
transit. Section 1101(b) of the Act describes Congress's findings 
regarding the continued need for the DBE program due to the 
discrimination and related barriers that pose significant obstacles for 
minority and women-owned businesses seeking federally-assisted surface 
transportation work. The DBE program focuses primarily on construction 
and professional services contracts, while the airport concession 
disadvantaged business enterprise (ACDBE) program focuses on lease and 
supplier agreements for food, beverage, retail, and car rental 
services. Congress raised concerns that discrimination and related 
barriers continue to pose obstacles to disadvantaged firms seeking to 
do business at U.S. airports. The information requested will assist DOT 
in measuring whether both programs are achieving the objectives to 
create a level playing field on which ACDBEs/DBEs can compete fairly 
and assist in the development of ACDBE/DBE firms to compete 
successfully in the marketplace.
    The single comment that was received by DOT during the 60-day 
comment period was provided by a trade association and had four 
components. The association (1) asked DOT to use the data collection 
measure to address the issue of out-of-date DBE directories; (2) 
observed that prime contractors need better information on the types of 
construction work DBEs are able to perform; (3) requested that the 
questionnaire ``query DBE firms on the issue of training;'' and (4) 
asked DOT to evaluate the responses regarding perceived barriers or 
challenges from the perspective of all parties. After careful 
consideration, DOT makes due note of all four components. Only items 
(1) and (3) appear to request changes to proposed questions. However, 
as these items are not strictly germane to the stated purpose 
(measuring the objective of creating a level playing field) of the 
questionnaire, the Department respectfully declines to alter the 
content of the questions.
    The questionnaire will be for the use of ACDBE and DBE certified 
firms, so that they can provide information regarding the nature of 
their business and bidding history, and perceived barriers/challenges 
that may have prevented them from receiving a contract or successfully 
competing in DOT's ACDBE/DBE program. A link to the questionnaire will 
be made available by DOT's Departmental Office of Civil Rights for use 
by the Department's state and local recipients, which can in turn post 
this link on their own Web sites.

[[Page 17783]]

The information collected will be used to assist DOT in measuring 
whether the ACDBE/DBE program is achieving its objectives. The DOT 
estimates that it takes an individual approximately 10 minutes to 
complete the questionnaire.
    Type of Request: New information collection.
    Affected Public: Airport Concession Disadvantaged Business 
Enterprises and Disadvantaged Business Enterprises certified under the 
authority of 49 CFR parts 23 and 26.
    Total Annual Estimated Burden: 628 hours.
    Frequency of Collection: An individual's completion of the 
questionnaire is solely voluntary.
    Comments are Invited on: Any aspect of this information collection, 
including
    (a) whether the proposed collection of information is necessary for 
the proper performance of DOT's ACDBE/DBE program; (b) the accuracy of 
the estimated burden; (c) ways for the Department to enhance the 
quality, utility and clarity of the information collection; and (d) 
ways that the burden could be minimized without reducing the quality of 
the collected information. Comments should be sent to the address in 
the preamble. All responses to this notice will be summarized and 
included in the request for Office of Management and Budget approval. 
All comments will also become a matter of public record.

    Issued in Washington, DC, on March 23, 2016.
Habib Azarsina,
OST Privacy and PRA Officer, U.S. Department of Transportation.

[[Page 17784]]

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[[Page 17785]]


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[[Page 17786]]


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[FR Doc. 2016-07132 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-9X-P



                                                    17782                       Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices

                                                    BILLING CODE 4910–9X–C                                  Transportation (DOT) will forward the                 which funded surface transportation
                                                    Confidential Commercial Information                     Information Collection Request (ICR)                  programs for highways, highway safety,
                                                                                                            abstracted below to the Office of                     and transit. Section 1101(b) of the Act
                                                       Applicants will be able to provide                   Management and Budget (OMB) for                       describes Congress’s findings regarding
                                                    certain confidential business                           clearance. The ICR describes the nature               the continued need for the DBE program
                                                    information relevant to their proposals                 of the information collection and its                 due to the discrimination and related
                                                    on a confidential basis. Under the                      expected cost and burden hours. The                   barriers that pose significant obstacles
                                                    Department’s Freedom of Information                     Federal Register Notice, with a 60-day                for minority and women-owned
                                                    Act regulations (49 CFR 7.17), such                     comment period soliciting comments on                 businesses seeking federally-assisted
                                                    information is limited to commercial or                 the questionnaire, was published on                   surface transportation work. The DBE
                                                    financial information that, if disclosed,               December 30, 2015, [FR Vol. 80, No.                   program focuses primarily on
                                                    would either likely cause substantial                   250, page 81671]. One comment was                     construction and professional services
                                                    harm to the competitive position of a                   received.                                             contracts, while the airport concession
                                                    business or enterprise or make it more                                                                        disadvantaged business enterprise
                                                                                                            DATES: Comments on this notice must be
                                                    difficult for the Federal Government to                                                                       (ACDBE) program focuses on lease and
                                                    obtain similar information in the future.               received by April 29, 2016.
                                                                                                                                                                  supplier agreements for food, beverage,
                                                       Applicants seeking confidential                      ADDRESSES: Interested persons are
                                                                                                                                                                  retail, and car rental services. Congress
                                                    treatment of a portion of their                         invited to submit comments regarding
                                                                                                                                                                  raised concerns that discrimination and
                                                    applications must segregate the                         this proposal to the DOT/OST Desk
                                                                                                                                                                  related barriers continue to pose
                                                    confidential material in a sealed                       Officer, Office of Information and
                                                                                                                                                                  obstacles to disadvantaged firms seeking
                                                    envelope marked ‘‘Confidential                          Regulatory Affairs, Office of
                                                                                                                                                                  to do business at U.S. airports. The
                                                    Submission of X (the applicant) in                      Management and Budget, Docket
                                                                                                                                                                  information requested will assist DOT
                                                    Docket DOT–OST–2016–0037’’ and                          Library, Room 10102, 725 17th Street
                                                                                                                                                                  in measuring whether both programs are
                                                    include with that material a request in                 NW., Washington, DC 20503, or by
                                                                                                                                                                  achieving the objectives to create a level
                                                    the form of a motion seeking                            email to oira_submission@omb.eop.gov.
                                                                                                                                                                  playing field on which ACDBEs/DBEs
                                                    confidential treatment of the material                  FOR FURTHER INFORMATION CONTACT: Sam                  can compete fairly and assist in the
                                                    under 14 CFR 302.12 (‘‘Rule 12’’) of the                Brooks, Equal Opportunity Specialist                  development of ACDBE/DBE firms to
                                                    Department’s regulations. The applicant                 (S–33), Departmental Office of Civil                  compete successfully in the
                                                    should submit an original and two                       Rights, Office of the Secretary, U.S.                 marketplace.
                                                    copies of its motion and an original and                Department of Transportation, 1200                       The single comment that was received
                                                    two copies of the confidential material                 New Jersey Avenue SE., Washington,                    by DOT during the 60-day comment
                                                    in the sealed envelope.                                 DC 20590, 202–366–7145.                               period was provided by a trade
                                                       The confidential material should not                 SUPPLEMENTARY INFORMATION:                            association and had four components.
                                                    be included with the original of the                       Form Title(s): Voluntary Web-Based                 The association (1) asked DOT to use
                                                    applicant’s proposal that is submitted                  Questionnaire of Airport Concession                   the data collection measure to address
                                                    via www.grants.gov. The applicant’s                     Disadvantaged Business Enterprises and                the issue of out-of-date DBE directories;
                                                    original submission, however, should                    Disadvantaged Business Enterprise                     (2) observed that prime contractors need
                                                    indicate clearly where the confidential                 Firms.                                                better information on the types of
                                                    material would have been inserted. If an                   Form Number: None.                                 construction work DBEs are able to
                                                    applicant invokes Rule 12, the                             OMB Control Number: None.                          perform; (3) requested that the
                                                    confidential portion of its filing will be                 Abstract: The DOT’s Operating                      questionnaire ‘‘query DBE firms on the
                                                    treated as confidential pending a final                 Administrations distribute substantial                issue of training;’’ and (4) asked DOT to
                                                    determination. All confidential material                funds each year to finance construction               evaluate the responses regarding
                                                    must be received by 5:00 p.m. EDT, May                  projects initiated by state and local                 perceived barriers or challenges from
                                                    2, 2016, and delivered to the U.S.                      governments, public transit and airport               the perspective of all parties. After
                                                    Department of Transportation, Office of                 agencies. The DOT has the important                   careful consideration, DOT makes due
                                                    Aviation Analysis, 8th Floor, Room                      responsibility of ensuring that firms                 note of all four components. Only items
                                                    W86–307, 1200 New Jersey Ave. SE.,                      competing for DOT-assisted contracts                  (1) and (3) appear to request changes to
                                                    Washington, DC 20590.                                   for these projects are not disadvantaged              proposed questions. However, as these
                                                                                                            by unlawful discrimination. The DOT’s                 items are not strictly germane to the
                                                    [FR Doc. 2016–07286 Filed 3–28–16; 4:15 pm]
                                                                                                            most important tool for meeting this                  stated purpose (measuring the objective
                                                    BILLING CODE 4910–9X–P
                                                                                                            requirement has been its Disadvantaged                of creating a level playing field) of the
                                                                                                            Business Enterprise (DBE) program,                    questionnaire, the Department
                                                                                                            which originally began in 1980 as a                   respectfully declines to alter the content
                                                    DEPARTMENT OF TRANSPORTATION
                                                                                                            minority/women’s business enterprise                  of the questions.
                                                    Office of the Secretary                                 program established by regulation under                  The questionnaire will be for the use
                                                                                                            the authority of Title VI of the Civil                of ACDBE and DBE certified firms, so
                                                    [Docket No. DOT–OST–2015–0255]                          Rights Act of 1964 and other                          that they can provide information
                                                                                                            nondiscrimination statutes that apply to              regarding the nature of their business
                                                    Request for Comments
                                                                                                            DOT financial assistance programs. The                and bidding history, and perceived
                                                                                                            DBE program was reauthorized by                       barriers/challenges that may have
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    AGENCY: Office of the Secretary, U.S.
                                                    Department of Transportation.                           Congress several times since its                      prevented them from receiving a
                                                    ACTION: Notice and request for                          inception; most recently in the ‘‘Fixing              contract or successfully competing in
                                                    comments.                                               America’s Surface Transportation Act’’                DOT’s ACDBE/DBE program. A link to
                                                                                                            or the ‘‘FAST–ACT,’’ (P.L. 114–94,                    the questionnaire will be made available
                                                    SUMMARY: In accordance with the                         December 4, 2015), See more at:                       by DOT’s Departmental Office of Civil
                                                    Paperwork Reduction Act of 1995 (44                     https://www.transportation.gov/civil-                 Rights for use by the Department’s state
                                                    U.S.C. 3501 et seq.), this notice                       rights/disadvantaged-business-                        and local recipients, which can in turn
                                                    announces that the U.S. Department of                   enterprise#sthash.67nZv63S.dpuf,                      post this link on their own Web sites.


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                                                                                Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices                                             17783

                                                    The information collected will be used                    Total Annual Estimated Burden: 628                  collection; and (d) ways that the burden
                                                    to assist DOT in measuring whether the                  hours.                                                could be minimized without reducing
                                                    ACDBE/DBE program is achieving its                        Frequency of Collection: An                         the quality of the collected information.
                                                    objectives. The DOT estimates that it                   individual’s completion of the                        Comments should be sent to the address
                                                    takes an individual approximately 10                    questionnaire is solely voluntary.                    in the preamble. All responses to this
                                                    minutes to complete the questionnaire.                    Comments are Invited on: Any aspect                 notice will be summarized and included
                                                                                                            of this information collection, including             in the request for Office of Management
                                                      Type of Request: New information
                                                                                                              (a) whether the proposed collection of              and Budget approval. All comments will
                                                    collection.                                                                                                   also become a matter of public record.
                                                                                                            information is necessary for the proper
                                                      Affected Public: Airport Concession                   performance of DOT’s ACDBE/DBE                          Issued in Washington, DC, on March 23,
                                                    Disadvantaged Business Enterprises and                  program; (b) the accuracy of the                      2016.
                                                    Disadvantaged Business Enterprises                      estimated burden; (c) ways for the                    Habib Azarsina,
                                                    certified under the authority of 49 CFR                 Department to enhance the quality,                    OST Privacy and PRA Officer, U.S.
                                                    parts 23 and 26.                                        utility and clarity of the information                Department of Transportation.
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                                                                         OMB CONTROL NUMBER: 21XX—XXXX
                                                                             EXPIRATION DATE: mm/dd/yyyy
                                   Paperwork Reduction Act Burden Statement


A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be
subject to a penalty for failure to comply with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number.
The OMB Control Number for this information collection is 21 XX—XXXX. Public reporting for this collection of
information is estimated to be approximately 10 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, completing and
reviewing the collection of information.
All responses to this collection of information are voluntary. Send comments regarding this burden estimate or
any other aspect of this collection of information, including suggestions for reducing this burden to: Information
Collection Clearance Officer, Office of the Secretary of Transportation, Washington, D.C. 20590.



Question          Firm name
Answer            Firm name

Question          Home State
Answer            [Drop Down]


Question          How many years has your firm been in existence?
Answer            [less than 1 year]
                  [1—3 years]
                  [3 or more years]


Question          How long has your firm been certified as an ACDBE/DBE?
Answer            [years/months]


Question          On what basis did you rely in submitting your ACDBE/DBE certification application?
Answer            [Black Americans]
                  [Hispanic Americans]
                  [Asian—Pacific Americans]
                  [Subcontinent Asian Americans]
                  [Non—minority women]
                  [Non—minority economically disadvantaged male]

Question          How would you describe your firm‘s primary line of business?
Answer            [Trucking]
                  [Engineering]
                  [Heavy construction]
                  [Environmental remediation]
                  [Electrical contractor]
                  [Supplier of bulk materials]
                  [Other / text field]


Question          Did you become ACDBE/DBE certified in order to bid on a contract let by a
                 transportation agency?
Answer           [YES/NO]


Question          If not, did you ever bid on a transportation contract?
Answer            [YES/NO]


                    u&             +                     &9



Question   How many total contracts have you bid on in the last 2 years that were let by a
           transportation agency?
Answer     [0]
           [1—5]
           [5—10]
           [20 or more]

Question   Of those bids, how many contracts did you bid on as an ACDBE/DBE?
Answer     [0]
           [1—5]
           [5—10]
           [20 or more]


Question   Of those bids, how many were successful?
Answer     [0]
           [1—5]
           [5—10]
           [20 or more]

Question   Is this the first year that you have received a federally assisted contract or lease as a
           ACDBE/DBE?
Answer     [YES/NO]

Question   In the last 2 years, how often have primes contacted you and asked that you bid on a
           particular project as an ACDBE/DBE (on average)?
Answer     [0 times]
           [1—5 times per month]
           [5—10 per month]
           [20 or more times]


Question   Of those, how many times did you bid?
Answer     [0 times]
           [1—5 times per month]
           [5—10 per month]
           [20 or more times]

Question   How many times were you successful?
Answer     [0 times]
           [1—5 times per month]
           [5—10 per month]
           [20 or more times]

Question   In the last 2 years, on average, how often have you performed work outside of your
           home state as an ACDBE/DBE?
Answer     [0 times]
           [1—5 times per month]
           [5—10 per month]
           [20 or more times]

Question   What barriers have you encountered that you believe have prevented you from
           receiving a contract or successfully competing in the ACDBE/DBE program?
Answer     [Insufficient Bonding Capacity]
           [Lack of Necessary Equipment for job]


                                                    17786                       Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices




                                                    [FR Doc. 2016–07132 Filed 3–29–16; 8:45 am]             by the Paperwork Reduction Act of                     1557–0311, 400 7th Street SW., Suite
                                                    BILLING CODE 4910–9X–P                                  1995. An agency may not conduct or                    3E–218, Mail Stop 9W–11, Washington,
                                                                                                            sponsor, and a respondent is not                      DC 20219. In addition, comments may
                                                                                                            required to respond to, an information                be sent by fax to (571) 465–4326 or by
                                                    DEPARTMENT OF THE TREASURY                              collection unless it displays a currently             electronic mail to prainfo@occ.treas.gov.
                                                                                                            valid Office of Management and Budget                 You may personally inspect and
                                                    Office of the Comptroller of the                        (OMB) control number. The OCC is also                 photocopy comments at the OCC, 400
                                                    Currency                                                giving notice that it has sent the                    7th Street SW., Washington, DC 20219.
                                                                                                            collection to OMB for review.                         For security reasons, the OCC requires
                                                    Agency Information Collection                             The OCC is finalizing revisions to the              that visitors make an appointment to
                                                    Activities; Revision of an Approved                     collection titled ‘‘Annual Company-Run                inspect comments. You may do so by
                                                    Information Collection; Submission for                  Stress Test Reporting Template and                    calling (202) 649–6700 or, for persons
                                                    OMB Review; Annual Company-Run                          Documentation for Covered Institutions                who are deaf or hard of hearing, TTY,
                                                    Stress Test Reporting Template and                      with Total Consolidated Assets of $10                 (202) 649–5597. Upon arrival, visitors
                                                    Documentation for Covered                               Billion to $50 Billion under the Dodd-                will be required to present valid
                                                    Institutions With Total Consolidated                    Frank Wall Street Reform and Consumer                 government-issued photo identification
                                                    Assets of $10 Billion to $50 Billion                    Protection Act.’’ The OCC also is giving              and to submit to security screening in
                                                    Under the Dodd-Frank Wall Street                        notice that it has sent the collection to             order to inspect and photocopy
                                                    Reform and Consumer Protection Act                      OMB for review.                                       comments.
                                                    AGENCY: Office of the Comptroller of the                DATES: Comments must be received by                      All comments received, including
                                                                                                            April 29, 2016.                                       attachments and other supporting
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Currency, Treasury (OCC).
                                                    ACTION: Notice and request for comment.                 ADDRESSES: Because paper mail in the                  materials, are part of the public record
                                                                                                            Washington, DC area and at the OCC is                 and subject to public disclosure. Do not
                                                    SUMMARY: The OCC, as part of its                        subject to delay, commenters are                      enclose any information in your
                                                    continuing effort to reduce paperwork                   encouraged to submit comments by                      comment or supporting materials that
                                                    and respondent burden, invites the                      email, if possible. Comments may be                   you consider confidential or
                                                    general public and other Federal                        sent to: Legislative and Regulatory                   inappropriate for public disclosure.
                                                    agencies to comment on a revision to                    Activities Division, Office of the                       Additionally, please send a copy of
                                                                                                                                                                                                              EN30MR16.277</GPH>




                                                    this information collection, as required                Comptroller of the Currency, Attention:               your comments by mail to: OCC Desk


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Document Created: 2016-03-30 09:28:51
Document Modified: 2016-03-30 09:28:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesComments on this notice must be received by April 29, 2016.
ContactSam Brooks, Equal Opportunity Specialist (S-33), Departmental Office of Civil Rights, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-7145.
FR Citation81 FR 17782 

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