Regulatory Alert: DOT Extends Comment Period for Proposed Rule to Update DBE and ACDBE Programs

September 1, 2022

The U.S. Department of Transportation (DOT) on September 1 extended the deadline for submitting responses to the department's proposed rule that would make a wide range of changes to the regulations governing the Disadvantaged Business Enterprise (DBE) program and the Airport Concession Disadvantaged Business Enterprise (ACDBE) program. In the notice, DOT indicated that it agreed to extend the comment period by 60 days. However, the notice states that the new deadline to respond is Monday, October 31, which is a 42-day extension from the original September 19 deadline. While the department could issue a correction, airports should plan to respond by Monday, October 31.

We have developed a survey and are soliciting and collecting feedback from members on the proposed rule. We encourage you to share the survey with your staff that is responsible for complying with both these programs. Results will allow us to sufficiently respond to the 231-page proposal and highlight any potential benefits, challenges, or impacts that may result from implementation of the new requirements and changes.

You can find AAAE's survey regarding DOT's proposed changes to the DBE and ACDBE programs here. In light of the extension, AAAE is asking members to provide us feedback to the survey no later than Wednesday, September 21. However, we encourage you to submit responses as early as possible. We plan to use the additional time to host a virtual meeting with members to gather additional feedback after reviewing survey responses. Again, we greatly appreciate any information and perspectives you can provide us on this important topic.
 
Resources on DOT's Proposal
DOT's July 21 Proposed Rule on DBE/ACDBE Program Updates 
DOT's July 21 Summary of Proposed Rule 
DOT Recordings of Public Meetings on Proposed Rule 
DOT Website on DBE/ACDBE Proposal 
Rulemaking Docket for DBE/ACDBE Proposal (DOT-OST-2022-0051) 
AAAE's July 20 Regulatory Alert on Proposed Rule 
AAAE's August 30 Survey on Proposed Rule