[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR23.57]

[Page 216]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 23_PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISE IN AIRPORT 
CONCESSIONS--Table of Contents
 
            Subpart D_Goals, Good Faith Efforts, and Counting
 
Sec.  23.57  What happens if a recipient falls short of meeting its overall 
goals?

    (a) You cannot be penalized, or treated by the Department as being 
in noncompliance with this part, simply because your ACDBE participation 
falls short of your overall goals. You can be penalized or treated as 
being in noncompliance only if you have failed to administer your ACDBE 
program in good faith.
    (b) If your ACDBE participation falls short of your overall goals, 
FAA may require you to submit to the FAA a statement of the reasons why 
you were unable to meet it and the steps you are taking to meet your 
overall goals or to adjust them based on changed circumstances.
    (c) In response to your submission, FAA may require you to implement 
appropriate remedial measures,