[Federal Register Volume 62, Number 139 (Monday, July 21, 1997)]
[Proposed Rules]
[Pages 38952-38953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19111]
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DEPARTMENT OF TRANSPORTATION
49 CFR Parts 23 and 26
[Docket OST-97-2550; Notice 97-5]
RIN 2105-AB92
Participation by Disadvantaged Business Enterprise in Department
of Transportation Programs
AGENCY: Office of the Secretary, DOT.
ACTION: Extension of comment period.
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SUMMARY: The Department is extending the comment period on its
supplemental notice of proposed rulemaking (SNPRM) to revise its rules
governing the disadvantaged business enterprise (DBE) program. The
SNPRM proposed numerous changes to the DBE program to respond to
changes in the legal standards applicable to such programs and to
improve the program's administration. The extension is in response to
requests from a number of interested parties for additional time to
review the proposed rule and formulate comments.
DATES: Comments should be received by September 29, 1997. Late-filed
comments will be considered to the extent practicable.
ADDRESS: Interested persons should send comments to Docket Clerk,
Docket No. OST-97-2550, Department of Transportation, 400 7th Street,
SW., Room PL-401, Washington, DC 20590. We request that, in order to
minimize burdens on the docket clerk's staff, commenters send three
copies of their comments to the docket. Commenters wishing to have
their submissions acknowledged should include a stamped, self-addressed
postcard with their comments. The docket clerk will date stamp the
postcard and return it to the commenter. Comments will be available for
inspection at the above address from 10 a.m. to 5 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant
General Counsel for Regulation and Enforcement, Department of
Transportation, 400 7th Street, S.W., Room 10424, Washington, DC 20590.
(202) 366-9306 (voice); (202) 755-7687 (TDD).
SUPPLEMENTARY INFORMATION: In May 30, 1997, the Department issued a
supplemental notice of proposed rulemaking (SNPRM) to amend the
Department's disadvantaged business enterprise (DBE) program (62 FR
29548). The SNPRM proposed ``narrow tailoring'' changes to the program
to respond to the Supreme court's decision in Adarand v. Pena, proposed
a variety of improvements to the certification and other administrative
provisions of the Department's rules intended to reduce burdens on
participants, and proposed revisions and updates to requirements for
DBE participation in airport concessions. The original comment closing
date for the SNPRM was July 29, 1997.
This SNPRM is one of great interest to many affected parties,
including disadvantaged business enterprises, other contractors,
airports, state highway agencies, and transit authorities. It is also a
lengthy and complex document. Because of the SNPRM's importance, and
its length and complexity, several parties have requested additional
time to formulate comments on it. These parties include the American
Public Transit Association (a trade association for transit
authorities); the Airports Council International-North America and the
American Association of Airport Executives (airport trade
associations); the Airport Minority Advisory Council (a trade
association for DBEs and others interested in airport contracting);
airports in Reno and Las Vegas, Nevada, St. Louis, Missouri, and
Roanoke, Virginia; the Maine and Wisconsin Departments of
Transportation; Senator Susan Collins of Maine; and the City of
Philadelphia.
[[Page 38953]]
These letters, which have requested extensions of between 30 and 90
days in the comment period, have focused on the amount of time needed
to digest the SNPRM and formulate thoughtful comments. In addition,
Department staff who have been meeting with groups of interested
parties to explain the content of the SNPRM have heard numerous
informal expressions of concern about the time needed to review the
SNPRM and draft comments on it.
The Department believes that these requests for extension have
merit. This is an important rulemaking, and the Department has
emphasized, in discussing it with interested parties, that we are very
interested in receiving thoughtful, thorough comments that will help
the Department create a final rule that is legally sound and
practically workable. We believe that providing additional time for
comments will help commenters and the Department achieve this
objective. Therefore, we are extending the comment period for an
additional 60 days, through September 29, 1997.
Issued this 14th day of July, 1997 at Washington, D.C.
Nancy E. McFadden,
General Counsel.
[FR Doc. 97-19111 Filed 7-18-97; 8:45 am]
BILLING CODE 4910-62-P
