Disadvantaged Business Enterprise Program; Inflationary Adjustment, 80646-80648 [2020-26549]
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80646
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations
ADR Panel’s findings regarding the
claim and discuss the findings
supporting the decision.
(d) The agency decision constitutes a
final agency decision that is
precedential and binding on the parties
involved unless invalidated by an order
of a court of competent jurisdiction.
(e) The 340B ADR Panel will submit
the final agency decision to all parties,
and to HRSA for appropriate action
regarding refunds, penalties, removal, or
referral to appropriate Federal
authorities.
[FR Doc. 2020–27440 Filed 12–10–20; 11:15 am]
BILLING CODE 4165–15–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 26
RIN No. 2105–AE92
Disadvantaged Business Enterprise
Program; Inflationary Adjustment
Office of the Secretary (OST),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
The United States Department
of Transportation (DOT) is amending
the small business size limit under its
Disadvantaged Business Enterprise
(DBE) program, also known as the gross
receipts cap, to ensure that small
businesses may continue to participate
in the Department’s DBE program after
taking inflation into account. This final
rule provides an inflation adjustment to
the size limit on small businesses
participating in the DBE program and
implements a statutory change to the
size standard pursuant to the Federal
Aviation Administration (FAA)
Authorization Act of 2018.
DATES: This rule is effective January 13,
2021.
FOR FURTHER INFORMATION CONTACT:
Chris Cialeo, Office of the General
Counsel (C–10), U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590,
(202) 366–8789, christopher.cialeo@
dot.gov.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Background
The DBE program for DOT-assisted
contracts is a statutory program
intended to ensure nondiscriminatory
contracting opportunities for small
business concerns owned and
controlled by socially and economically
disadvantaged individuals in the
Department’s highway, mass transit, and
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Jkt 253001
airport financial assistance programs.
The statutory provision governing the
DBE program in the highway and mass
transit financial assistance programs is
section 1101(b) of the Fixing America’s
Surface Transportation (FAST) Act
(Pub. L. 114–94, Dec. 4, 2015), and the
statutory provision governing the DBE
program as it relates to airport financial
assistance programs is 49 U.S.C. 47113.
Under the Department’s existing
rules, to qualify as an eligible DBE firm,
a firm’s average annual gross receipts
over the preceding three fiscal years
cannot exceed a DOT-specific gross
receipts cap. On April 2, 2007, in
response to direction in the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59,
August 10, 2005) to adjust this gross
receipts cap annually for inflation, the
Department published a final rule
adjusting the gross receipts cap for its
DBE program in 49 CFR part 26 from
$19,570,000 to $20,410,000 (72 FR
15614). On April 3, 2009, the
Department published another final rule
adjusting the gross receipts cap for its
DBE program from $20,410,000 to
$22,410,000 (74 FR 15222). The Moving
Ahead for Progress in the 21st Century
(MAP–21) Act (Pub. L. 112–141, July 6,
2012) maintained the $22,410,000 gross
receipts cap amount set by the April
2009 final rule. On October 2, 2014, the
Department issued a final rule that
increased the gross receipts cap to
$23,980,000 (79 FR 59565). In 2015, The
FAST Act maintained the $23,980,000
gross receipts cap set by the October
2014 rule. Section 1101(b)(2)(A)(ii) of
the FAST Act reaffirms the Secretary of
Transportation’s requirement to adjust
this amount annually for inflation.
Accordingly, this final rule adjusts the
gross receipts cap for inflation by
increasing the gross receipts cap
applicable to firms for purposes of
Federal Highway Administration
(FHWA)—and Federal Transit
Administration (FTA)—assisted work to
$26,290,000.
The Federal Aviation Administration
(FAA) Reauthorization Act of 2018 (Pub.
L. 115–254) removed the gross receipts
cap for purposes of eligibility for FAAassisted work. Therefore, the revised
rule reflects that the gross receipts cap
does not apply for purposes of
determining a firm’s eligibility for FAAassisted work.
II. Business Size Standards for the DBE
Program
To make an inflation adjustment to
the gross receipts figures, DOT uses the
Department of Commerce’s price index
for State and local consumption
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Fmt 4700
Sfmt 4700
expenditures (gross output of general
government). The Bureau of Economic
Analysis at the Department of
Commerce prepares constant dollar
estimates of State and local government
purchases of goods and services by
deflating current dollar estimates by
suitable price indexes. These indexes
include purchases of durable and nondurable goods, and other services. Using
these price deflators enables the
Department to adjust dollar figures for
inflation from past years.
The current inflation rate on
purchases by State and local
governments is calculated by dividing
the price deflator for the fourth quarter
of 2019 (116.030) by 2015’s fourth
quarter price deflator (105.829). See
Bureau of Economic Analysis Table
3.10.4, Price Indexes for Government
Consumption Expenditures and General
Government Gross Output (January 30,
2020). The result of the calculation is
1.09639, which represents an inflation
rate of 10.9639% from the fourth quarter
of 2015. Multiplying the FAST Act’s
$23,980,000 standard for disadvantaged
business enterprises in DOT financial
assistance programs by 1.09639 equals
$26,291,465, which will be rounded off
to the nearest $10,000 is $26,290,000.
Therefore, if a firm’s gross receipts
averaged over the firm’s previous three
fiscal years exceeds $26,290,000, it
exceeds the small business size limit for
participation in FHWA and FTAassisted work under the Department’s
DBE program. The Department will
adjust this amount for inflation on an
annual basis. In subsequent years, the
revised amount will be published on the
Departmental Office of Civil Rights’
website.
Regulatory Analyses and Notices
Under the Administrative Procedure
Act (5 U.S.C. 553(b)(B)), an agency may
waive notice and comment procedures
if it finds good cause that such
procedures are impracticable,
unnecessary, or contrary to the public
interest. The Department finds that
notice and comment for this rule is
unnecessary because it only relates to
ministerial updates of business size
standards and gross receipts caps to
account for inflation, which does not
change the standards or caps in real
dollar terms. Accordingly, the
Department finds good cause under 5
U.S.C. 553(b)(B) to waive notice and
opportunity for public comment.
E:\FR\FM\14DER1.SGM
14DER1
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations
A. Executive Order 13771 (Reducing
Regulation and Controlling Regulatory
Costs), Executive Order 12866
(Regulatory Planning and Review),
Executive Order 13563 (Improving
Regulation and Regulatory Review), and
49 CFR Part 5 (DOT Administrative
Rulemaking, Guidance, and
Enforcement Procedures)
This rule is not a significant
regulatory action under Executive Order
12866, Regulatory Planning and Review,
as supplemented by Executive Order
13563, Improving Regulation and
Regulatory Review. It is also not
significant within the meaning of DOT
regulatory policies and procedures. This
rule is issued in accordance with the
Department’s rulemaking procedures
found in 49 CFR part 5 and DOT Order
2100.6.
The Department does not anticipate
that this rulemaking will have an
economic impact on regulated entities.
The rule is a ministerial adjustment for
inflation of a statutory small business
size standard. It will not impose
burdens on any regulated parties.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under Executive
Order 12866.
B. Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
601–612), DOT has evaluated the effects
of this action on small entities and have
determined that the action will not have
a significant economic impact on a
substantial number of small entities.
The rule is a ministerial update to the
size limits to define small businesses for
the Department’s Financial Assistance
Program for Disadvantaged Business
Enterprises. The only effect of the rule
on small entities is to allow some small
businesses to continue to participate in
the DBE programs by adjusting for
inflation, and to align the regulation
with a change to the part 26 size
standard for FAA-assisted work
pursuant to the FAA Reauthorization
Act of 2018. Therefore, the Department
certifies that this rule would not have a
significant economic impact on a
substantial number of small entities.
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C. Executive Order 13132 (Federalism)
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (Federalism), and the Department
has determined that this action will not
have sufficient federalism implications
to warrant the preparation of a
federalism assessment. The Department
has also determined that this action will
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16:47 Dec 11, 2020
Jkt 253001
not preempt any State law or State
regulation or affect the States’ ability to
discharge traditional State governmental
functions.
D. Executive Order 13175 (Tribal
Consultation)
This rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments).
Because this rule will not significantly
or uniquely affect the Indian tribal
communities, and will not impose
substantial direct compliance costs, the
funding and consultation requirements
of the Executive Order do not apply.
E. Unfunded Mandates Reform Act of
1995
This rule does not impose unfunded
mandates as defined by the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4; 109 Stat. 48). This rule will not
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $148.1
million or more in any one year (2
U.S.C. 1532). The definition of ‘‘Federal
mandate’’ in the Unfunded Mandates
Reform Act excludes financial
assistance of the type in which State,
local, or tribal governments have
authority to adjust their participation in
the program in accordance with changes
made in the program by the Federal
Government. Since this rule pertains to
a nondiscrimination requirement and
affects only Federal financial assistance
programs, the Unfunded Mandates
Reform Act does not apply.
F. Executive Order 12372
(Intergovernmental Review)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this program.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501), Federal
agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct, sponsor, or
require through regulations. The
Department has determined that this
rule does not contain collection of
information requirements for the
purposes of the PRA.
H. National Environmental Policy Act
The agency has analyzed the
environmental impacts of this action
pursuant to the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
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Fmt 4700
Sfmt 4700
80647
4321, et seq.) and has determined that
it is categorically excluded pursuant to
DOT Order 5610.1C, ‘‘Procedures for
Considering Environmental Impacts’’
(44 FR 56420, October 1, 1979).
Categorical exclusions are actions
identified in an agency’s NEPA
implementing procedures that do not
normally have a significant impact on
the environment and therefore do not
require either an environmental
assessment or environmental impact
statement. The purpose of this
rulemaking is to make an inflation
adjustment of the size limit on small
businesses participating in the DBE
program. The agency does not anticipate
any environmental impacts, and there
are no extraordinary circumstances
pertaining to this rulemaking.
List of Subjects in 49 CFR Part 26
Administrative practice and
procedure, Civil rights, Disadvantaged
business, Government contracts, Grant
programs–transportation, Highways and
roads, Mass transportation, Minority
business, Reporting and recordkeeping
requirements, Small business.
For the reasons stated in the
preamble, the Department of
Transportation amends 49 CFR part 26
as follows:
PART 26—PARTICIPATION BY
DISADVANTAGED BUSINESS
ENTERPRISES IN DEPARTMENT OF
TRANSPORTATION FINANCIAL
ASSISTANCE PROGRAMS
1. The authority citation for part 26 is
revised to read as follows:
■
Authority: 23 U.S.C. 324; 42 U.S.C. 2000d,
et seq.; Sec. 1101(b), Pub. L. 114–94, 129 Stat.
1312, 1324; 49 U.S.C. 47113, 47123; Sec. 150,
Pub. L. 115–254, 132 Stat. 3215.
2. In § 26.65, revise paragraph (b) to
read as follows:
■
§ 26.65 What rules govern business size
determinations?
*
*
*
*
*
(b) Even if it meets the requirements
of paragraph (a) of this section, a firm
is not an eligible DBE for the purposes
of Federal Highway Administration and
Federal Transit Administration-assisted
work in any Federal fiscal year if the
firm (including its affiliates) has had
average annual gross receipts, as defined
by SBA regulations (see 13 CFR
121.104), over the firm’s previous three
fiscal years, in excess of $26.29 million.
The Department will adjust this amount
for inflation on an annual basis. The
adjusted amount will be published on
the Department’s website in subsequent
years.
*
*
*
*
*
E:\FR\FM\14DER1.SGM
14DER1
80648
Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations
Issued this 25th day of November, 2020, at
Washington, DC, under authority delegated
in 49 CFR 1.27(a).
Steven G. Bradbury,
General Counsel.
[FR Doc. 2020–26549 Filed 12–11–20; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 234
[Docket No. FRA–2018–0096, Notice No. 2]
RIN 2130–AC72
State Highway-Rail Grade Crossing
Action Plans
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
FRA is issuing this final rule
in response to the Fixing America’s
Surface Transportation Act mandate
that FRA issue a rule requiring 40 States
and the District of Columbia to develop
and implement highway-rail grade
crossing action plans. This final rule
also requires ten States that developed
highway-rail grade crossing action plans
as required by the Rail Safety
Improvement Act of 2008 and FRA’s
implementing regulation to update their
plans and submit reports to FRA
describing actions they have taken to
implement them.
DATES: This final rule is effective
January 13, 2021.
ADDRESSES: Docket: For access to the
docket to read background documents
or comments received, go to https://
www.regulations.gov and follow the
online instructions for accessing the
docket.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
James Payne, Staff Director, HighwayRail Crossing and Trespasser Programs
Division (telephone: 202–493–6005);
Debra Chappell, Transportation
Specialist (telephone: 202–493–6018);
or Kathryn Gresham, Attorney Adviser,
Office of the Chief Counsel (telephone:
202–493–6063).
SUPPLEMENTARY INFORMATION:
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Table of Contents for Supplementary
Information
I. Executive Summary
II. Funding
III. Section-by-Section Analysis
IV. Regulatory Impact and Notices
A. Executive Order 12866, Congressional
Review Act, and DOT Regulatory
Policies and Procedures
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16:47 Dec 11, 2020
Jkt 253001
B. Regulatory Flexibility Determination
C. Federalism
D. Paperwork Reduction Act
E. Environmental Impact
F. Executive Order 12898 (Environmental
Justice)
G. Unfunded Mandates Reform Act of 1995
H. Energy Impact
I. Executive Summary
This final rule revises FRA’s
regulation (49 CFR 234.11) on State
highway-rail grade crossing action plans
(Action Plans) to require 40 States and
the District of Columbia (DC) to develop
and implement FRA-approved Action
Plans. The final rule also requires ten
States that were previously required to
develop Action Plans by the Rail Safety
Improvement Act of 2008 1 (RSIA) and
FRA’s implementing regulation at 49
CFR 234.11 to update their plans and
submit reports describing the actions
they have taken to implement their
plans.
This final rule is intended to
implement the Fixing America’s Surface
Transportation Act (FAST Act) mandate
that the FRA Administrator promulgate
a regulation requiring States to develop,
implement (and update, if applicable)
Action Plans.2 In RSIA, Congress
directed the Secretary of Transportation
(Secretary) to identify the ten States that
had the most highway-rail grade
crossing (GX) collisions, on average,
over the previous three years, and
require those States to develop Action
Plans for the Secretary’s approval.3
RSIA required the Action Plans to
‘‘identify specific solutions for
improving’’ grade crossing safety and to
‘‘focus on crossings that have
experienced multiple accidents or are at
high risk’’ for accidents. Using FRA’s
database of reported GX accidents/
incidents that occurred at public and
private grade crossings, FRA determined
the following ten States had the most
reported GX accidents/incidents at
public and private grade crossings
during the three-year period from 2006
through 2008: Alabama, California,
Florida, Georgia, Illinois, Indiana, Iowa,
Louisiana, Ohio, and Texas. Therefore,
on June 28, 2010, FRA issued a final
rule (2010 final rule) requiring these ten
States to develop Action Plans and
submit them to FRA for approval (based
on the Secretary’s delegation of
authority to the Federal Railroad
Administrator in 49 CFR 1.89).4
1 Public
Law 110–432.
U.S.C. 11401.
3 RSIA, Sec. 202.
4 75 FR 36551 (June 28, 2010) (codified at 49 CFR
234.11).
2 49
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Fmt 4700
Sfmt 4700
Section 11401 of the FAST Act
(Section 11401) 5 tasks the FRA
Administrator with promulgating a
regulation requiring these ten States to
update the Action Plans they previously
submitted to FRA under 49 CFR 234.11.
This statutory mandate also directs FRA
to include a regulatory provision that
requires each of these ten States to
submit a report to FRA describing: (a)
What the State did to implement its
previous Action Plan; and (b) how the
State will continue to reduce GX safety
risks. As for the other 40 States and DC,
Section 11401(b)(1)(B) requires the FRA
Administrator to promulgate a
regulation requiring them to develop
and implement State Action Plans.
The FAST Act mandate contains
specific requirements for the contents of
the Action Plans. As set forth in Section
11401(b)(2), each Action Plan must
identify GXs that: (a) Have experienced
recent GX accidents or incidents; (b)
have experienced multiple GX accidents
or incidents; or (c) are at high-risk for
accidents or incidents. Section
11401(b)(2) further provides that each
Action Plan must identify specific
strategies for improving safety at GXs,
including GX closures or grade
separations, and that each State Action
Plan must designate a State official
responsible for managing
implementation of the plan.
In addition, the FAST Act mandate
contains requirements related to FRA’s
review and approval of State Action
Plans, as well as requirements related to
the publication of FRA-approved plans.
For example, when FRA approves a
State’s Action Plan, Section 11401(b)(4)
requires FRA to make the approved plan
publicly available on an ‘‘official
internet website.’’
If a State submits an Action Plan FRA
deems incomplete or deficient, Section
11401(b)(6) requires FRA to notify the
State of the specific areas in which the
plan is deficient. In addition, Section
11401(b)(6) requires States to correct
any identified deficiencies and resubmit
their corrected plans to FRA within 60
days from FRA’s notification of the
deficiency. If a State fails to meet this
60-day deadline for correcting
deficiencies identified by FRA, Section
11401(b)(8) requires FRA to post a
notice on an ‘‘official internet website’’
that the State has an incomplete or
deficient Action Plan. FRA personnel,
including FRA regional grade crossing
managers, inspectors, and specialists
and experts from FRA’s Highway-Rail
Crossing and Trespasser Programs
Division, are available to assist States
with developing, implementing, and
5 49
E:\FR\FM\14DER1.SGM
U.S.C. 11401.
14DER1
]]>Agencies
[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Rules and Regulations]
[Pages 80646-80648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26549]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 26
RIN No. 2105-AE92
Disadvantaged Business Enterprise Program; Inflationary
Adjustment
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Department of Transportation (DOT) is
amending the small business size limit under its Disadvantaged Business
Enterprise (DBE) program, also known as the gross receipts cap, to
ensure that small businesses may continue to participate in the
Department's DBE program after taking inflation into account. This
final rule provides an inflation adjustment to the size limit on small
businesses participating in the DBE program and implements a statutory
change to the size standard pursuant to the Federal Aviation
Administration (FAA) Authorization Act of 2018.
DATES: This rule is effective January 13, 2021.
FOR FURTHER INFORMATION CONTACT: Chris Cialeo, Office of the General
Counsel (C-10), U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590, (202) 366-8789,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The DBE program for DOT-assisted contracts is a statutory program
intended to ensure nondiscriminatory contracting opportunities for
small business concerns owned and controlled by socially and
economically disadvantaged individuals in the Department's highway,
mass transit, and airport financial assistance programs. The statutory
provision governing the DBE program in the highway and mass transit
financial assistance programs is section 1101(b) of the Fixing
America's Surface Transportation (FAST) Act (Pub. L. 114-94, Dec. 4,
2015), and the statutory provision governing the DBE program as it
relates to airport financial assistance programs is 49 U.S.C. 47113.
Under the Department's existing rules, to qualify as an eligible
DBE firm, a firm's average annual gross receipts over the preceding
three fiscal years cannot exceed a DOT-specific gross receipts cap. On
April 2, 2007, in response to direction in the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) (Pub. L. 109-59, August 10, 2005) to adjust this gross
receipts cap annually for inflation, the Department published a final
rule adjusting the gross receipts cap for its DBE program in 49 CFR
part 26 from $19,570,000 to $20,410,000 (72 FR 15614). On April 3,
2009, the Department published another final rule adjusting the gross
receipts cap for its DBE program from $20,410,000 to $22,410,000 (74 FR
15222). The Moving Ahead for Progress in the 21st Century (MAP-21) Act
(Pub. L. 112-141, July 6, 2012) maintained the $22,410,000 gross
receipts cap amount set by the April 2009 final rule. On October 2,
2014, the Department issued a final rule that increased the gross
receipts cap to $23,980,000 (79 FR 59565). In 2015, The FAST Act
maintained the $23,980,000 gross receipts cap set by the October 2014
rule. Section 1101(b)(2)(A)(ii) of the FAST Act reaffirms the Secretary
of Transportation's requirement to adjust this amount annually for
inflation. Accordingly, this final rule adjusts the gross receipts cap
for inflation by increasing the gross receipts cap applicable to firms
for purposes of Federal Highway Administration (FHWA)--and Federal
Transit Administration (FTA)--assisted work to $26,290,000.
The Federal Aviation Administration (FAA) Reauthorization Act of
2018 (Pub. L. 115-254) removed the gross receipts cap for purposes of
eligibility for FAA-assisted work. Therefore, the revised rule reflects
that the gross receipts cap does not apply for purposes of determining
a firm's eligibility for FAA-assisted work.
II. Business Size Standards for the DBE Program
To make an inflation adjustment to the gross receipts figures, DOT
uses the Department of Commerce's price index for State and local
consumption expenditures (gross output of general government). The
Bureau of Economic Analysis at the Department of Commerce prepares
constant dollar estimates of State and local government purchases of
goods and services by deflating current dollar estimates by suitable
price indexes. These indexes include purchases of durable and non-
durable goods, and other services. Using these price deflators enables
the Department to adjust dollar figures for inflation from past years.
The current inflation rate on purchases by State and local
governments is calculated by dividing the price deflator for the fourth
quarter of 2019 (116.030) by 2015's fourth quarter price deflator
(105.829). See Bureau of Economic Analysis Table 3.10.4, Price Indexes
for Government Consumption Expenditures and General Government Gross
Output (January 30, 2020). The result of the calculation is 1.09639,
which represents an inflation rate of 10.9639% from the fourth quarter
of 2015. Multiplying the FAST Act's $23,980,000 standard for
disadvantaged business enterprises in DOT financial assistance programs
by 1.09639 equals $26,291,465, which will be rounded off to the nearest
$10,000 is $26,290,000. Therefore, if a firm's gross receipts averaged
over the firm's previous three fiscal years exceeds $26,290,000, it
exceeds the small business size limit for participation in FHWA and
FTA-assisted work under the Department's DBE program. The Department
will adjust this amount for inflation on an annual basis. In subsequent
years, the revised amount will be published on the Departmental Office
of Civil Rights' website.
Regulatory Analyses and Notices
Under the Administrative Procedure Act (5 U.S.C. 553(b)(B)), an
agency may waive notice and comment procedures if it finds good cause
that such procedures are impracticable, unnecessary, or contrary to the
public interest. The Department finds that notice and comment for this
rule is unnecessary because it only relates to ministerial updates of
business size standards and gross receipts caps to account for
inflation, which does not change the standards or caps in real dollar
terms. Accordingly, the Department finds good cause under 5 U.S.C.
553(b)(B) to waive notice and opportunity for public comment.
[[Page 80647]]
A. Executive Order 13771 (Reducing Regulation and Controlling
Regulatory Costs), Executive Order 12866 (Regulatory Planning and
Review), Executive Order 13563 (Improving Regulation and Regulatory
Review), and 49 CFR Part 5 (DOT Administrative Rulemaking, Guidance,
and Enforcement Procedures)
This rule is not a significant regulatory action under Executive
Order 12866, Regulatory Planning and Review, as supplemented by
Executive Order 13563, Improving Regulation and Regulatory Review. It
is also not significant within the meaning of DOT regulatory policies
and procedures. This rule is issued in accordance with the Department's
rulemaking procedures found in 49 CFR part 5 and DOT Order 2100.6.
The Department does not anticipate that this rulemaking will have
an economic impact on regulated entities. The rule is a ministerial
adjustment for inflation of a statutory small business size standard.
It will not impose burdens on any regulated parties.
This rule is not an Executive Order 13771 regulatory action because
this rule is not significant under Executive Order 12866.
B. Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), DOT has evaluated the effects of this action on
small entities and have determined that the action will not have a
significant economic impact on a substantial number of small entities.
The rule is a ministerial update to the size limits to define small
businesses for the Department's Financial Assistance Program for
Disadvantaged Business Enterprises. The only effect of the rule on
small entities is to allow some small businesses to continue to
participate in the DBE programs by adjusting for inflation, and to
align the regulation with a change to the part 26 size standard for
FAA-assisted work pursuant to the FAA Reauthorization Act of 2018.
Therefore, the Department certifies that this rule would not have a
significant economic impact on a substantial number of small entities.
C. Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (Federalism), and the
Department has determined that this action will not have sufficient
federalism implications to warrant the preparation of a federalism
assessment. The Department has also determined that this action will
not preempt any State law or State regulation or affect the States'
ability to discharge traditional State governmental functions.
D. Executive Order 13175 (Tribal Consultation)
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments). Because this rule will
not significantly or uniquely affect the Indian tribal communities, and
will not impose substantial direct compliance costs, the funding and
consultation requirements of the Executive Order do not apply.
E. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4; 109 Stat. 48).
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$148.1 million or more in any one year (2 U.S.C. 1532). The definition
of ``Federal mandate'' in the Unfunded Mandates Reform Act excludes
financial assistance of the type in which State, local, or tribal
governments have authority to adjust their participation in the program
in accordance with changes made in the program by the Federal
Government. Since this rule pertains to a nondiscrimination requirement
and affects only Federal financial assistance programs, the Unfunded
Mandates Reform Act does not apply.
F. Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
G. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501),
Federal agencies must obtain approval from the Office of Management and
Budget (OMB) for each collection of information they conduct, sponsor,
or require through regulations. The Department has determined that this
rule does not contain collection of information requirements for the
purposes of the PRA.
H. National Environmental Policy Act
The agency has analyzed the environmental impacts of this action
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321, et seq.) and has determined that it is categorically
excluded pursuant to DOT Order 5610.1C, ``Procedures for Considering
Environmental Impacts'' (44 FR 56420, October 1, 1979). Categorical
exclusions are actions identified in an agency's NEPA implementing
procedures that do not normally have a significant impact on the
environment and therefore do not require either an environmental
assessment or environmental impact statement. The purpose of this
rulemaking is to make an inflation adjustment of the size limit on
small businesses participating in the DBE program. The agency does not
anticipate any environmental impacts, and there are no extraordinary
circumstances pertaining to this rulemaking.
List of Subjects in 49 CFR Part 26
Administrative practice and procedure, Civil rights, Disadvantaged
business, Government contracts, Grant programs-transportation, Highways
and roads, Mass transportation, Minority business, Reporting and
recordkeeping requirements, Small business.
For the reasons stated in the preamble, the Department of
Transportation amends 49 CFR part 26 as follows:
PART 26--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN
DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS
0
1. The authority citation for part 26 is revised to read as follows:
Authority: 23 U.S.C. 324; 42 U.S.C. 2000d, et seq.; Sec.
1101(b), Pub. L. 114-94, 129 Stat. 1312, 1324; 49 U.S.C. 47113,
47123; Sec. 150, Pub. L. 115-254, 132 Stat. 3215.
0
2. In Sec. 26.65, revise paragraph (b) to read as follows:
Sec. 26.65 What rules govern business size determinations?
* * * * *
(b) Even if it meets the requirements of paragraph (a) of this
section, a firm is not an eligible DBE for the purposes of Federal
Highway Administration and Federal Transit Administration-assisted work
in any Federal fiscal year if the firm (including its affiliates) has
had average annual gross receipts, as defined by SBA regulations (see
13 CFR 121.104), over the firm's previous three fiscal years, in excess
of $26.29 million. The Department will adjust this amount for inflation
on an annual basis. The adjusted amount will be published on the
Department's website in subsequent years.
* * * * *
[[Page 80648]]
Issued this 25th day of November, 2020, at Washington, DC, under
authority delegated in 49 CFR 1.27(a).
Steven G. Bradbury,
General Counsel.
[FR Doc. 2020-26549 Filed 12-11-20; 8:45 am]
BILLING CODE 4910-9X-P
