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PA Bulletin, Doc. No. 99-1104



Bureau of Equal Opportunity; DBE Goal Setting

[29 Pa.B. 3679]

   Under the authority contained in the Transportation Act for the 21st Century, Act of June 9, 1998, Pub. L. No. 105-178, 112 Stat. 113 (23 U.S.C. § 101) and in keeping with the requirements of 49 C.F.R. Part 26, the Pennsylvania Department of Transportation (Department) hereby provides the following public notice concerning its new goal for participation by Disadvantaged Business Enterprises (DBEs) in its federally-assisted contracts.

   As a recipient of federal funds from the United States Department of Transportation through various organizations including the Federal Highway Administration, the Department must comply with the goal setting provisions of the new DBE regulation that took effect on March 4, 1999. The new regulation is set forth at 49 C.F.R. Part 26. The Department is mandated to submit a revised DBE program including a new goal and a methodology for projecting the overall goal for DBE participation on its federally-assisted contracts consistent with the provisions of 49 C.F.R. Sections 26.45 and 26.51. The new goal and methodology must be submitted to the Federal Highway Administration by September 1, 1999. Providing notice to the public concerning the goal and the methodology used to arrive at a final goal and affording the public the opportunity to provide comment is an important part of the process.

   To comply with the goal setting provisions of the final rule, the Department has employed a two step process. This process is outlined in 49 C.F.R. Section 26.45.

   Under step one, the Department has created a baseline figure for the relative availability of ''ready, willing, and able DBEs'' in its relevant market. This determination has evolved from demonstrative evidence of local market conditions. To this end, the Department has developed definitions of ''ready, willing and able DBEs'' relative to all businesses ''ready, willing and able'' to perform on its federally assisted contracts. The Department has considered historical activity within specified market areas including research, engineering and design consulting, contractors (prime, subcontractors, suppliers, trucking) and other consulting activities. Additionally, the Department has developed a ratio within market areas of the ''ready, willing and able DBEs'' relative to the universe of all other ''ready, willing and able'' enterprises.

   Under step two, the Department has examined all relevant evidence in its jurisdiction to determine what adjustments, up or down, are needed to arrive at the overall goal. Step two also takes into consideration other conditions or variables impacting DBEs in the Commonwealth. As part of the adjustment phase, the Department has given due consideration to market potential based upon census data and other public data as well as potential geographical accessibility and location issues.

   Consistent with the public participation requirement for this process, the Department is hereby informing the general public that the proposed goal and its rationale are available for inspection and review for forty-five days from the date of this notice. At this juncture, the overall goal and methodology are a work in progress pending input from the public. To review the document, you may contact one of the following locations:

Bureau of Equal Opportunity
555 Walnut Street, 9th Floor
Harrisburg, PA 17101-1900
Ms. Jocelyn I. Harper
Engineering District 1-0
1140 Liberty Street
Franklin, PA 16323
Mr. John L. Baker, PE
Engineering District 2-0
1924-30 Daisy St, PO Box 342
Clearfield, PA 16830
Mr. George M. Khoury, PE
Engineering District 3-0
715 Jordan Avenue
Montoursville, PA 17754
Mr. Paul E. Heise, PE
Engineering District 4-0
O'Neill Highway
Dunmore, PA 18512
Mr. Charles M. Mattei, PE
Engineering District 5-0
1713 Lehigh Street
Allentown, PA 18103-4727
Mr. Walter E. Bortree, PE
Engineering District 6-0
200 Radnor-Chester Rd
St. Davids, PA 19087-5178
Mr. Andrew L. Warren
Engineering District 8-0
2140 Herr Street
Harrisburg, PA 17103-1699
Mr. Barry G. Hoffman
Engineering District 9-0
1620 North Juniata St
Hollidaysburg, PA 16648
Mr. Earl L. Neiderheiser, PE
Engineering District 10-0
Route 286 South, Box 429
Indiana, PA 15701
Mr. Richard H. Hogg, PE
Engineering District 11-0
45 Thoms Run Road
Bridgeville, PA 15017
Mr. Raymond S. Hack, PE
Engineering District 12-0
PO Box 459
Uniontown, PA 15401-0459
Mr. Michael H. Dufalla, PE
The Bottom Line, Inc
168 South 19th St
Pittsburgh, PA 15203
Robert Stupar
John Milligan, CPA
105-107 N 22nd St, 2nd Fl
Philadelphia, PA 19103
Joe Herzog

   The document may be reviewed online at the following website address:

   Comments, questions, or suggestions regarding this notice may be directed to Jocelyn I. Harper, Director, Bureau of Equal Opportunity, Telephone Number (717) 787-5891.

   Written comments should be addressed to:

   The Pennsylvania Department of Transportation
   Bureau of Equal Opportunity
   555 Walnut Street, 9th Floor
   Harrisburg, PA 19101-1900
   FAX: 717-772-4026
   ATTN: Jocelyn I. Harper, Director

   All comments should be postmarked no later than August 31, 1999 for consideration. The final DBE program must be approved by the FHWA, and will become effective October 1, 1999.


[Pa.B. Doc. No. 99-1104. Filed for public inspection July 9, 1999, 9:00 a.m.]

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