[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Proposed Rules]
[Pages 68016-68017]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27119]



[[Page 68016]]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 26

[Docket No. OST-2012-0147]
RIN 2105-AE08


Disadvantaged Business Enterprise: Program Implementation 
Modifications

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM); rescheduling public 
listening session; reopening of public comment period.

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SUMMARY: On September 18, 2013, the Department of Transportation (DOT) 
issued a notice announcing a public listening session on October 9, 
2013 concerning the proposed changes to the Department's Disadvantaged 
Business Enterprise (DBE) program found in the Notice of Proposed 
Rulemaking (NPRM) published on September 6, 2012. The Department also 
announced that it would be reopening the public comment period from the 
date of publication until October 30, 2013. However, due to the lapse 
in government funding on October 1, 2013, the Department canceled the 
October 9, 2013 meeting. The Department is rescheduling the public 
listening session on this rulemaking to December 5, 2013 from 11:00 
a.m. to 5:00 p.m. Eastern Standard Time. The comment period is extended 
to December 26, 2013.

DATES: A public listening session will be held on December 5, 2013, in 
Washington, DC, from 11:00 a.m. EST to 5:00 p.m. EST. The comment 
period for the NPRM is reopened and extended to December 26, 2013.

ADDRESSES: The public listening session will be held at DOT's 
Washington, DC Headquarters at 1200 New Jersey Avenue SE., Washington, 
DC, 20590, in the Media Center auditorium located on the ground floor 
of the West Building.

FOR FURTHER INFORMATION CONTACT: Jo Anne Robinson, Office of General 
Law, Office of the General Counsel, U.S. Department of Transportation, 
1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-6984, 
JoAnne.Robinson@dot.gov.

SUPPLEMENTARY INFORMATION: On September 6, 2012, the Department 
published a notice of proposed rulemaking (NPRM) entitled, 
``Disadvantaged Business Enterprise: Program Implementation 
Modifications,'' at 77 FR 54952, that proposed various changes to the 
Department's DBE program, including: Revisions to personal net worth, 
application, and reporting forms; modifications to various 
certification-related provisions of the rule; and revisions to several 
other provisions of the rule, concerning such subjects as good faith 
efforts, transit vehicle manufacturers and goal setting. The Department 
then published a notice on October 25, 2012, at 77 FR 65164, which 
corrected minor errors in the NPRM related to the Paperwork Reduction 
Act and extended the public comment period until December 24, 2012. 
Several commenters suggested that the Department hold a public meeting 
or listening session on the proposed changes before issuing a final 
rule. After reviewing the comments, the Department decided to schedule 
a public listening session on October 9, 2013, as announced in a 
September 18, 2013 notice. 78 FR 57336. At that time, the Department 
also announced that it would be reopening the public comment period 
from the date of publication until October 30, 2013.
    However, due to the lapse in government funding on October 1, 2013, 
the Department canceled the October 9, 2013 meeting with the intent of 
rescheduling the meeting at a future date and time. The rescheduled 
listening session will be held on December 5, 2013 from 11:00 a.m. to 
5:00 p.m. Eastern Standard Time at the Department's Washington, DC 
Headquarters, 1200 New Jersey Avenue SE., Washington, DC 20590, in the 
Media Center auditorium located on the ground floor of the West 
Building. The public comment period is reopened and extended to 
December 26, 2013. The public is invited to offer its views on specific 
aspects of the NPRM set out in the September 18, 2013 Federal Register 
notice that are noted below.

Listening Session Procedures

    The listening session will provide an opportunity for the public to 
speak to the Department about certain aspects of the NPRM. 
Specifically, the Department is interested in hearing from the public 
on the following:
    1. What are the specific, quantifiable costs and benefits 
associated with completing or reviewing the proposed forms (Personal 
Net Worth, Certification Application, Uniform Report on Awards/
Commitments; DBE Payment Data) from the perspective of a certifying 
entity, an applicant firm, or a recipient (where applicable)?
    2. What are the specific, quantifiable costs and benefits 
associated with requiring certified DBEs to submit additional documents 
with the annual no change affidavit from the perspective of a 
certifying entity and a certified DBE?
    3. What are the specific, quantifiable costs and benefits 
associated with requiring good faith efforts documentation when bids 
are due and requiring additional documents (i.e., DBE and non-DBE 
quotes, DBE subcontracts) from the perspective of a prime contractor, a 
DBE, and the recipient letting the contract?
    We are reopening registration for the listening session. Due to 
security and seating limitations, any person wishing to participate in 
the listening session must register no later than November 21, 2013, by 
going to the OSDBU Web site at www.dot.gov/osdbu and following the 
instructions. If you registered for the October 9th session, you must 
re-register for the December 5th session. You may attend the session in 
person (to speak or listen) or participate by Web Conference (comments 
may be provided through the chat room). The registration form will ask 
you to identify the party you represent and provide your contact 
information. If you are attending the session in person, you will be 
asked to identify the subject(s) described above you plan to address 
(if any). Speakers will be limited to 5 minutes each; however, the 
Department may need to reduce the time allotted, if necessary, to 
provide all participants the opportunity to speak before the session 
ends. A copy of the agenda will be posted after registration closes.
    A panel of Department representatives from the Office of the 
Secretary and the Operating Administrations will be present to listen 
to the speakers and may ask questions, if necessary, to seek 
clarification of comments made by a speaker. However, there will not be 
a question and answer period during the session where speakers ask 
questions of the panel. The Department will not respond to questions 
posed through the chat room. If necessary, the Department may provide 
additional instructions at the time of the listening session. A 
transcript of the session will be made a part of the public docket in 
this rulemaking. All comments submitted through the chat room also will 
be made a part of the public docket in this rulemaking.
    For information on facilities or services for persons with 
disabilities or to request special assistance at the meeting, please 
contact Marilyn Hearns in DOT's Office of the General Counsel by 
telephone (202-366-9154) or by email (Marilyn.Hearns@dot.gov) as soon 
as possible.

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Reopening of Comment Period

    The comment period is reopened and extended to December 26, 2013, 
to provide the public an additional opportunity to submit comments on 
the NPRM or to submit comments in response to views or information 
provided at the public listening session or in other public comments. 
You may submit comments (identified by the agency name and DOT Docket 
ID Number OST-2012-0147) by any of the following methods:
     Federal Rulemaking Portal: Go to www.regulations.gov and 
follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9:00 a.m. and 5:00 p.m. 
Eastern Standard Time, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.

    Issued this 4th day of November, 2013 at Washington, DC, under 
authority delegated in 49 CFR 1.27.
Kathryn B. Thomson,
Acting General Counsel.
[FR Doc. 2013-27119 Filed 11-12-13; 8:45 am]
BILLING CODE 4910-9X-P