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PA Bulletin, Doc. No. 01-1523


Disadvantaged Business Enterprise Participation in FTA Funded Contracts

[31 Pa.B. 4606]

   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 Part 26 of Title 49 of the Code of Federal Regulations, the Pennsylvania Department of Transportation (Department) provides public notice of its revised goal for participation by Disadvantaged Business Enterprises (DBEs) in its Federally assisted contracts.

   Pending receipt of public comments, the Department's revised goal is a work in progress. However, the Department proposes an overall goal of 4.63 percent for DBE participation in Department contracts funded in whole or in part with Federal monies.

   As a recipient of Federal funds from the United States Department of Transportation (US DOT) through its agencies, including the Federal Transit Administration, the Department must comply with the goal setting provisions of the new US DOT DBE regulation, set forth in 49 CFR Part 26, effective March 4, 1999. The Department is mandated to submit a goal and methodology for Federally assisted contracts in accordance with the provisions of 49 CFR Sections 26.45 and 26.51. The goal and methodology must be submitted to the Federal Highway Administration by August 1, 2001. An important part of this process is providing notice to the public concerning the goal and methodology used to arrive at the final goal and affording the public the opportunity to provide comments on the goal proposal.

   To comply with the goal setting provisions of the new DBE regulation, the Department employed the two-step process outlined in 49 CFR Section 26.45. Under step one, PENNDOT created a baseline goal using the FTA approved goals of transit authorities throughout the Commonwealth. U. S. DOT regulations allow recipients to ''use the goal of another DOT recipient'' (49 CFR § 26.45 c (4)) to establish a step-1 baseline goal. The FTA- approved goals were averaged to produce PENNDOT's baseline goal.

   Under Step-2 of the goal setting process, the Department examined all relevant evidence in its jurisdiction to determine what adjustments, up or down, were needed to arrive at the overall goal. Step 2 necessarily took into account other conditions or variables impacting DBEs in the Commonwealth. As part of the adjustment phase, the Department gave due consideration to the geographical location of the predominantly rural PENNDOT FTA sub- recipients.

   Consistent with the public participation requirement for this process, the Department is making the proposed revised goal and methodology available for inspection and review for forty-five days from the date of this notice. The Department considers the overall goal and methodology a work in progress pending input from the public. To review the DBE goal documents, contact any of the following locations:

Bureau of Equal Opportunity
Commonwealth Keystone Building
400 North Street, 5th Floor
Harrisburg, PA 17101
Attn.: Jocelyn I. Harper

Engineering District 1-0
255 Elm Street, PO Box 398
Oil City, PA 16301-398
Attn.: John L. Baker, PE

Engineering District 2-0
1924-30 Daisy Street
Clearfield, PA 16830
Attn.: George M. Khoury, PE

Engineering District 3-0
715 Jordan Avenue
Montoursville, PA 17754
Attn.: James A. Kendter, PE

Engineering District 4-0
O'Neill Highway, PO Box 111
Dunmore, PA 18512
Attn.: Charles M. Mattei, PE

Engineering District 5-0
1713 Lehigh Street
Allentown, PA 18103
Attn.: Walter E. Bortree, PE

Engineering District 6-0
7000 Geerdes Blvd.
King of Prussia, PA 19406
Attn.: Andrew L. Warren

Engineering District 8-0
2140 Herr Street
Harrisburg, PA 17103-1699
Attn.: Barry G. Hoffman, PE

Engineering District 9-0
North Juniata Street, PO Box 69.
Hollidaysburg, PA 16648
Attn.: Earl L. Neiderheiser, PE

Engineering District 10-0
250 Oakland Avenue, PO Box 429
Indiana, PA 15701
Attn.: Richard H. Hogg, PE

Engineering District 11-0
45 Thoms Run Road
Bridgeville, PA 15017
Attn.: Raymond S. Hack, PE

Engineering District 12-0
N. Gallatine Avenue Ext., P0 Box 459
Uniontown, PA 15401-0459
Attn.: Michael H. Dufalla, PE

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

   Comments, questions, or suggestions regarding this notice may be directed in writing to Jocelyn I. Harper, Director, Bureau of Equal Opportunity, Telephone Number (717) 787-5891, Pennsylvania Department of Transportation, Bureau of Equal Opportunity, P. O. Box 3251, Harrisburg, PA 17105-3251, Attn: Jocelyn I. Harper, Director FAX: 717-772-4026

   All comments should be postmarked no later than October 2, 2001 for consideration.


[Pa.B. Doc. No. 01-1523. Filed for public inspection August 17, 2001, 9:00 a.m.]

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