Transportation Department
By this rule, the U.S. Department of Transportation amends its regulations implementing Title VI of the Civil Rights Act of 1964 ("Title VI") to eliminate disparate-impact liability. These amendments align the Department's regulations with Title VI's original public meaning, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions implement changes directed in Executive Order 14281. These revisions also align with changes made by the U.S. Department of Justice (DOJ) to its Title VI Regulations at 28 CFR part 42, effective December 10, 2025.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation 49 CFR Part 21 RIN 2105-AF45 AGENCY: Office of the Secretary of Transportation (OST), U.S. Department of Transportation (DOT or Department). ACTION: Final rule. SUMMARY: By this rule, the U.S. Department of Transportation amends its regulations implementing Title VI of the Civil Rights Act of 1964 (“Title VI”) to eliminate disparate-impact liability. These amendments align the Department's regulations with Title VI's original public meaning, avoid constitutional concerns, reduce compliance costs, and serve the public interest. In addition, these revisions implement changes directed in Executive Order 14281 . These revisions also align with changes made by the U.S. Department of Justice (DOJ) to its Title VI Regulations at 28 CFR part 42 , effective December 10, 2025. DATES: The rule is effective on June 11, 2026. FOR FURTHER INFORMATION CONTACT: Sean Clayton, Acting Director, Office of Civil Rights, at 202-366-7632. SUPPLEMENTARY INFORMATION: I. Executive Summary The Department is rescinding portions of its Title VI implementing regulations to align with the language that Congress enacted in Title VI prohibiting intentionally discriminatory conduct, pursuant to Title VI, 42 U.S.C. 2000d-1 . See 42 U.S.C. 2000d . There are serious statutory and constitutional concerns with the legality of the Department's Title VI regulations, which go beyond intentional discrimination by prohibiting conduct that has an unintentional disparate impact. T…
Citation: 91 FR 35424
