[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: 49CFR23.99]

[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. 23.99  Rationale for basing overall goals on the number of concession agreements.

    (a) A sponsor who proposes to calculate the overall DBE goals as a 
percentage of the number of concession agreements shall submit 
information with the DBE plan to demonstrate that one of the following 
applies to the airport:
    (1) In order to attain an overall DBE goal of 10 percent on the 
basis of gross receipts, the airport would need to award a 
disproportionate percentage of the opportunities to DBE's. This 
rationale may address a time period that extends beyond that covered by 
the current plan; or
    (2) Other circumstances at the airport exist that do not make it 
feasible to use gross receipts as the basis for calculating the goals.
    (b) If the FAA approves of the request, the sponsor shall not be 
required to provide further justification during subsequent years of the 
plan, unless requested by the FAA to do so.
    (c) If the FAA determines that the information submitted by the 
sponsor fails to justify the requested goal-setting procedure, the 
sponsor shall resubmit the plan. The goals in the revised plan shall be 
calculated as a percentage of gross receipts, as outlined in paragraph 
(a)(2)(i) of Sec. 23.95.