[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: 49CFR23.93]

[Page 203]
 
                        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. 23.93  Requirements for airport sponsors.

    (a) General requirements. (1) Each sponsor shall abide by the 
nondiscrimination requirements of Sec. 26.7 with respect to the award 
and performance of any concession agreement covered by this subpart.
    (2) Each sponsor shall take all necessary and reasonable steps to 
foster participation by DBE's in its airport concession activities.
    (3) The following statements shall be included in all concession 
agreements executed between the sponsor and any firm after the effective 
date of this subpart.
    (i) ``This agreement is subject to the requirements of the U.S. 
Department of Transportation's regulations, 49 CFR part 23, subpart F. 
The concessionaire agrees that it will not discriminate against any 
business owner because of the owner's race, color, national origin, or 
sex in connection with the award or performance of any concession 
agreement covered by 49 CFR part 23, subpart F.
    (ii) ``The concessionaire agrees to include the above statements in 
any subsequent concession agreements that it enters and cause those 
businesses to similarly include the statements in further agreements.''
    (b) Additional requirements for primary airports (1) Sponsors of 
primary airports shall implement a disadvantaged business enterprise 
(DBE) concession plan containing the elements listed in Sec. 23.95. 
Sponsors of more than one primary airport shall implement a separate 
plan for each location that has received assistance for airport 
development. The plan shall be submitted to the appropriate FAA Regional 
Office for approval.
    (2) The sponsor shall review and update the plan at least annually. 
The updated plan shall include any information required under Sec. 23.95 
that was not available to the sponsor when the previous submission was 
made. Updated plans shall be submitted to the appropriate FAA Regional 
Office for approval.
    (c) Additional requirements for nonprimary airports. Sponsors of 
commercial service airports (except primary), general aviation and 
reliever airports are not required to implement a DBE concession plan 
but shall take appropriate outreach steps to encourage available DBE's 
to participate as concessionaires whenever there is a concession 
opportunity.

[Amdt. 1, 57 FR 18410, Apr. 30, 1992, as amended at 64 FR 5126, Feb. 2, 
1999]