C.F.R. » Title 49 » PART 23—PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISE IN AIRPORT CONCESSIONS › Subpart C—Certification and Eligibility of ACDBEs

49 C.F.R. § 23.35

What role do business development and mentor-protégé programs have in the DBE program?

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(a) An owner whose PNW exceeds $2,047,000 is not presumed economically disadvantaged.

(b) The Department will adjust the PNW cap by May 9, 2027 by multiplying $1,600,000 by the growth in total household net worth since 2019 as described by “Financial Accounts of the United States: Balance Sheet of Households (Supplementary Table B.101.h)” produced by the Board of Governors of the Federal Reserve (https://www.federalreserve.gov/releases/z1/), and normalized by the total number of households as collected by the Census in “Families and Living Arrangements” (https://www.census.gov/topics/families/families-and-households.html) to account for population growth. The Department will adjust the PNW cap every 3 years on the anniversary of the adjustment date described in this section. The Department will post the adjustments on the Departmental Office of Civil Rights' web page, available at https://www.Transportation.gov/DBEPNW. Each such adjustment will become the currently applicable PNW limit for purposes of this regulation.

(c) The Department will use formula 1 to this paragraph (c) to adjust the PNW limit:

Formula 1 to Paragraph (c) [89 FR 55088, July 3, 2024]
Notes of Decisions
Cited in 2 cases, 2008–2017 · leading case: Grove, Inc. v. United States Dep't of Transp., 578 F. Supp. 2d 37 (D.D.C. 2008).
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Grove, Inc. v. United States Dep't of Transp., 578 F. Supp. 2d 37 (D.D.C. 2008). “49 C.F.R. § 23.35 . The Department found that Mrs.”
Tiare Enter., Inc. v. United States Dep't of Transp., 246 F. Supp. 3d 437 (D.D.C. 2017). “; 49 C.F.R. § 23.35 . Once certified, a firm must demonstrate annually that it still meets ACDBE status.”
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