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Disadvantaged Business Enterprise and Airport Concession Disadvantaged Business Enterprise Program Revisions

Topic: Administrative Practice and Procedure

Agency: Office of the Secretary (OST), U.S. Department of Transportation (DOT or the Department)

Action: Final rule

Information: https://www.federalregister.gov/documents/2026/09/25/2026-19688/disadvantaged-business-enterprise-and-airport-concession-disadvantaged-business-enterprise-program

Title: Disadvantaged Business Enterprise and Airport Concession Disadvantaged Business Enterprise Program Revisions

Published Date: September 25, 2026

Dates: This rule is effective September 25, 2026.

Summary: The U.S. Department of Transportation (DOT or Department) is finalizing amendments to its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) program regulations. With few modifications, this final rule follows the interim final rule (IFR) published on October 3, 2025, which eliminated race- and sex-based presumptions that DOT determined to be unconstitutional. This action completes the transition to a system of individualized determinations of social and economic disadvantage to ensure program constitutional compliance and addresses administrative challenges identified by stakeholders during the public comment period.

Staff Advisor: Taria Barron, General Counsel, tbarron@apta.com