Comments are now open on the Interim Final Rule issued by the US Department of Transportation earlier this week. This new rule requires the recertification of all businesses certified through the Disadvantaged Business Enterprise (“DBE”) and Airport Concession Disadvantaged Business Enterprise (“ACDBE”) programs. My last blog post offers a more detailed breakdown of that rule and the guidance issued alongside it.
On October 3, 2025, the Interim Final Rule was formally published in the Federal Register and is now open for comment. Anyone can comment via an online submission form which can be submitted anonymously or under your name. Comments will be open until November 3, 2025. Submitting a public comment on a regulation such as this is a way to make your voice heard and participate in our democracy. Click here for tips on making effective comments. Once comments are submitted, they should be visible for all to see.
Individuals, companies, industry groups, and other entries may comment on the rule, offering feedback on how it may affect you or your organization. It is important to be respectful and professional, and as factual as possible. It is appropriate to point out any concerns that you may have with the rule or what parts you support. You can also make recommended changes and point out administrative burdens, due process issues, financial harm, and what (if any) guidance has been issued.
Once comments become public, look to future blogs to summarize the feedback those comments provide. Please also look to future blogs for tips for your company in preparing for the changes to the program.
If your company needs assistance with DBE or ACDBE certification or recertification, please contact Danielle Dietrich, Esq. at ddietrich@potomaclaw.com or 412-449-9141.
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