Part 23 -- Participation by Disadvantaged Business Enterprise in Airport Concessions

1. Revise the heading of 49 CFR part 23 as set forth above.

2. Revise the authority citation for 49 CFR part 23 to read as follows:

Authority: 42 U.S.C. 200d et seq.; 49 U.S.C. 47107 and 47123; Executive Order 12138, 3 CFR, 1979 Comp., p. 393.

Subparts A, C, D, and E--[Removed and Reserved]

3. Remove and reserve subparts A, C, D, and E of part 23.

Sec. 23.89 [Amended]

4. Amend Sec. 23.89 as follows:

a. In the definition of ``disadvantaged business,'' remove the words ``Sec. 23.61 of subpart D of this part'' and add the words ``49 CFR part 26''; and remove the words ``Sec. 23.61'' in the last line of the definition and add the words ``49 CFR part 26''.

b. In the definition of ``small business concern,'' paragraph (b), remove the words ``Sec. 23.43(d)'' and add the words ``Sec. 23.43(d) in effect prior to March 4, 1999 (See 49 CFR Parts 1 to 99 revised as of October 1, 1998.)''.

c. In the definition of ``socially and economically disadvantaged individuals,'' remove the words ``Sec. 23.61 of subpart D of this part'' and add ``49 CFR part 26''.

Sec. 23.93 [Amended]

5. Amend Sec. 23.93(a) introductory text by removing the words ``Sec. 23.7'' and adding the words ``Sec. 26.7''.

Sec. 23.95 [Amended]

6. Amend Sec. 23.95(a)(1) by removing the words ``based on the factors listed in Sec. 23.45(g)(5)'' and adding the words ``consistent with the process for setting overall goals set forth in 49 CFR 26.45''.

7. In addition, amend Sec. 23.95 as follows:

a. In paragraph (f)(1), remove the words ``Sec. 23.51'' and add the words ``49 CFR part 26, subpart E'';

b. In paragraph (f)(2), remove the words ``Except as provided in Sec. 23.51(c), each'' and add ``Each'';

c. Remove paragraph (f)(5);

d. In paragraph (g)(1), remove the words ``Sec. 23.53'' and add the words ``49 CFR part 26, subpart D''.

Sec. 23.97 [Amended]

8. Amend Sec. 23.97 by removing the words ``Sec. 23.55'' and adding the words ``49 CFR 26.89''.

Sec. 23.11 [Removed]

9. Remove Sec. 23.111.

10. Add a new 49 CFR part 26, to read as follows: