Final rule · 2026-19688

Disadvantaged Business Enterprise and Airport Concession Disadvantaged Business Enterprise Program Revisions

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.