[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: 49CFR26.47]

[Page 276]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 26--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
           Subpart C--Goals, Good Faith Efforts, and Counting
 
Sec. 26.47  Can recipients be penalized for failing to meet overall goals?

    (a) You cannot be penalized, or treated by the Department as being 
in noncompliance with this rule, because your DBE participation falls 
short of your overall goal, unless you have failed to administer your 
program in good faith.
    (b) If you do not have an approved DBE program or overall goal, or 
if you fail to implement your program in good faith, you are in 
noncompliance with this part.