Participation by Disadvantaged Business Enterprise in Department of Transportation Programs

This document proposes revisions of the Department of Transportation's regulations for its disadvantaged business enterprise (DBE) program. The notice responds to comments on notices of proposed rulemaking issued December 1992 and October 1993 and also proposes responses to the Supreme Court's decision in Adarand v. Pena. It would replace the current DBE rule (49 CFR Part 23) with a new rule (49 CFR Part 26). The proposed changes in the latter category would modify the overall goal, contract goal, and good-faith efforts provisions of the rule, as well as add provisions concerning diversification in the DBE program and provide greater flexibility to recipients. A final rule based on this SNPRM would replace the existing DBE rule in its entirety.