To the State DOT
Dear Mr./Ms.:
In accordance with the provisions of 49 CFR §26.45, we have reviewed the overall goal
submitted by the ________________________ Department of Transportation [or State Highway
Administration] in connection with your Fiscal Year _____ Disadvantaged Business
Enterprise (D.B.E.) program. For the federal-aid highway program in 200__,
__________ DOT submitted an overall goal of _____% (____% of which it projects to meet
through race neutral means, and ____% through race conscious means). Our review considered
the overall goal as well as the description of the data and methodology used in arriving
at your overall goal, including the base figure calculation and evidence supporting the
calculation; adjustments, if any, made to the base figure and the evidence supporting
these adjustments; a summary of the relevant evidence in your jurisdiction; the projection
of the portion of your overall goal that you will meet through race neutral as opposed to
race conscious means and the basis for your projections; and the evidence of public
participation in establishing your overall goal.After reviewing this information, we have determined that the goal setting
methodology you have employed is consistent with the requirements of 49 CFR §26.45 and
that you have followed the requirements for public participation in establishing your
overall goal as set forth in 49 CFR §26.45(g). Further, we have also approved your
projection of the portions of your overall goal that you expect to meet through race
neutral and race conscious means. That projection is subject to modification during
the fiscal year in accordance with 49 CFR §26.51. The basis for our conclusions is
set forth more fully in the attached document.
As you are aware, the State still must
submit a separate overall D.B.E. goal for programs funded by the Federal Transit
Administration and the Federal Aviation Administration, based upon the goal setting
approach outlined in the State's D.B.E. program. The State should contact its
regional FTA and FAA offices for further guidance and assistance on these matters.
The State has determined that there is no
need to submit any changes to its D.B.E. program that was approved by the Federal Highway
Administration on ________________, 200__. Your D.B.E. program, as previously
approved by FHWA, contains all of the elements required by 49 CFR Part 26 and therefore
continues to be in compliance with the requirements for the D.B.E. program.
[OR, IF THERE HAVE BEEN CHANGES TO THE
PROGRAM:]
The State has submitted the following
changes to the D.B.E. program that was approved by the Federal Highway Administration on
_________ , 200__. These changes are approved on the following grounds:
1. DESCRIPTION OF CHANGE #1 (see Section
____,p. ____ of the revised program). This change is found to be in compliance with 49 CFR
26.
2. DESCRIPTION OF CHANGE #2 (see Section
____,p. ____ of the revised program). This change is found to be in compliance with 49 CFR
26.
The remainder of the State's program has
not been changed, and contains all of the other elements required under 49 CFR 26.
The State's D.B.E. program as revised continues to be in compliance with the requirements
for the D.B.E. program.
I would like to take this opportunity to
thank you and your staff for your diligence and efforts in getting this program to the
approval stage.
Sincerely yours,
Division Administrator
This page last modified on January 23, 2006
Last known link to the original FHWA
memo:
http://www.fhwa.dot.gov/civilrights/dbe_memo_a3.htm |