U.S. FEDRegulation
DOT finalizes DBE program revisions eliminating race- and sex-based presumptions
The Department of Transportation finalized amendments to its Disadvantaged Business Enterprise and Airport Concession DBE programs. The final rule followed, with few modifications, the October 3, 2025 interim final rule that eliminated race- and sex-based presumptions of disadvantage DOT had deemed unconstitutional, completing the move to individualized social and economic disadvantage determinations and resolving administrative issues raised in comments. It took effect September 25, 2026.
Key points
- Final rule follows the Oct. 3, 2025 interim final rule with few modifications.Federal Register
- Race- and sex-based presumptions of disadvantage are eliminated as unconstitutional.Federal Register
- Programs move to individualized determinations of social and economic disadvantage.Federal Register
- Rule addresses administrative issues raised during the comment period.Federal Register
- Published at 91 FR 60885 (Docket DOT-OST-2025-0897); amends 49 CFR parts 23 and 26; effective September 25, 2026.Federal Register
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RegulationU.S.DOT Final Rule: Disadvantaged Business Enterprise and Airport Concession DBE Program Revisions (2026)ComplianceRegulatoryFor governance