Additional Guidance on Airport Concessions

Under 49 CFR Part 26, a DOT recipient is not authorized to require submission of a statement of personal net worth (PNW) from a firm seeking to participate in the DBE program only as a concessionaire. On June 28, 1999, DOT published a "Final rule; correction" to Part 26 in the Federal Register (64 F.R. 34569). The amendment specifies that the disadvantaged owners of airport concessionaires are not required to submit PNW statements. In the preamble, DOT clarified that the $750,000 PNW cap in 49 CFR Section 26.67, which is applicable to DOT-assisted contractors, does not apply to concessionaires.

A supplemental Notice of Proposed Rulemaking (SNPRM) published September 8, 2000, proposed establishing a PNW cap for the airport concession program (65 F.R. 54454). The comments submitted to the proposal are currently under review by DOT. A final rule has not been issued. FAA will notify recipients upon publication of a final rule establishing a PNW cap for the concessionaires. Until such time as that occurs, recipients must refrain from requesting PNW information from the disadvantaged owner of a concession, unless the firm also applies for certification as a DOT-assisted contractor.