DBE and ACDBE Final Rule
49 CFR parts 23 and 26
Published April 9, 2024
This rulemaking strengthens implementation of the Department of Transportation’s (Department or DOT) Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) Program regulations. The rule updates personal net worth and program size thresholds for inflation; modernizes rules for counting of material suppliers; formalizes COVID-19 flexibilities; adds new program elements to foster greater usage of DBEs and ACDBEs with concurrent, proactive monitoring and oversight; updates certification provisions with less prescriptive rules that give certifiers flexibility when determining eligibility; and makes technical corrections that have led to substantive misinterpretations of the rules by recipients, program applicants, and participants.
Further Information
Rule Material
- Final Rule Summary
- Federal Register Notice
- Read PDF of the Final Rule
- Technical Corrections to the Final Rule (issued July 3, 2024)
- Read the Regulatory Impact Analysis
- Part 26 ECFR
- Part 23 ECFR
Guidance
- Fall 2024 DBE/ACDBE Guidance
- Implementation Guidance DBE Program
- Implementation Guidance ACDBE Program
- Implementation Guidance FTA "Tier II" Recipients
Other Guidance Material
Training/Presentations
Information/Communication
| Date | Event | Location |
|---|---|---|
| June 1, 2024- June 6, 2024 | APTA Rail Conference | Cleveland, OH |
|
July 9 2024-July 12, 2024 |
Conference of Minority Transportation Officials (COMTO) 53rd National Meeting and Training Conference |
Houston, TX |
| August 4, 2024 -August 7, 2024 | 2024 Airport Minority Advisory Council (AMAC) Airport Business Diversity Conference | Nashville, TN |
| September 30, 2024- October 5, 2024 | American Contract Compliance Association (ACCA) National Training Institute | Seattle, WA |
NPRM Information
Published July 21, 2022
This rulemaking would strengthen implementation of the Department of Transportation’s (Department or DOT) Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) Program regulations. The NPRM would update personal net worth and program size thresholds for inflation; modernize rules for counting of material suppliers; formalize COVID-19 flexibilities; add new program elements to foster greater usage of DBEs and ACDBEs with concurrent, proactive monitoring and oversight; update certification provisions with less prescriptive rules that give certifiers flexibility when determining eligibility; and make technical corrections that have led to substantive misinterpretations of the rules by recipients, program applicants, and participants.
- Extension of Comment Period to October 31, 2022
- Press Release
- Federal Register Notice
- Read the NPRM
- Read the Regulatory Impact Analysis for the NPRM
- Comment on the NPRM
- NPRM Summary Table
- Public Meetings and Information Sessions
- Learn about the Rulemaking Process at USDOT
About the DBE Program