[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR23.101]

[Page 206]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 23--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISE IN AIRPORT CONCESSIONS--Table of Contents
 
   Subpart F--Implementation of Section 511(a)(17) of the Airport and 
               Airway Improvement Act of 1982, as Amended
 
Sec. 23.101  Information required when none of the overall annual goals is 10 percent or more.

    (a) A sponsor requesting approval for a concession plan in which 
none of the overall annual DBE goals is 10 percent or more shall provide 
information on the following points:
    (1) The sponsor's efforts to locate DBE's in the relevant geographic 
area that are capable of operating the concessions that will become 
available;
    (2) The sponsor's efforts to notify DBE's of concession 
opportunities and to encourage them to compete;
    (3) Any consideration given by the sponsor, when practical, to 
structuring contracting procedures so as to encourage and facilitate DBE 
participation. For example, a sponsor may consider using competitive 
means to award a concession that would otherwise be renegotiated without 
competition.
    (4) If appropriate, an explanation why the nature of a particular 
concession makes DBE participation through a sublease, joint venture, 
partnership, or other arrangement not economically feasible.
    (b) The FAA regional civil rights officer approves a plan which does 
not contain any overall goals of at least 10 percent if he or she 
determines that based on the information submitted by the sponsor under 
paragraph (a) of this section and any other available information;
    (1) The sponsor is making all appropriate efforts to increase DBE 
participation in its concessions to a level of 10 percent; and
    (2) Despite the sponsor's efforts, the goals submitted by the 
sponsor represent the reasonable expectation for DBE participation, 
given the availability of DBE's.