Department of Transportation regulations require that overall concession goals be calculated consistent with the process in Section 26.45 for setting goals under DOT-assisted projects (49 CFR Section 23.95(a)). The FAA offers the following approach as one way to apply Section 26.45 to setting the airport's overall FY-02 concession goal. Other methods can be used, subject to approval of the FAA.
Regulations of the U.S. Department of Transportation (DOT) require primary airports to implement and annually update a disadvantage business enterprise (DBE) concession plan (49 CFR Part 23, Subpart F, Section 23.93(b)(2)). Set forth below is guidance on updating your plan for Fiscal Year (FY) 02.
Each primary airport should submit the information in items 1 through 4 to the FAA Regional Civil Rights Office by February 1, 2002.
Under 49 CFR Part 26, a DOT recipient is not authorized to require submission of a statement of personal net worth (PNW) from a firm seeking to participate in the DBE program only as a concessionaire. On June 28, 1999, DOT published a "Final rule; correction" to Part 26 in the Federal Register (64 F.R. 34569). The amendment specifies that the disadvantaged owners of airport concessionaires are not required to submit PNW statements. In the preamble, DOT clarified that the $750,000 PNW cap in 49 CFR Section 26.67, which is applicable to DOT-assisted contractors, does not apply to concessionaires.