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DOT Seeks Comments on Possible Amendments to DBE Regulations

On April 8, 2009, the Department of Transportation (DOT) issued a Notice of Proposed Rulemaking (NPRM) and an Advance Notice of Proposed Rulemaking (ANPRM) concerning the Disadvantaged Business Enterprise (DBE) rules found at 49 CFR Part 26.  In the NPRM, DOT proposed to revise Part 26 to require recipients of federal financial assistance to submit the recipient's overall goals for DBE participation to DOT every three years, rather than every year as currently required.  In the ANPRM, DOT sought comment on five issues:  counting credit for items obtained by DBEs from non-DBE sources, contract unbundling, revising the DBE certification application and personal net worth statement, enhancing program oversight, and facilitating interstate certification of DBEs.  Comments on the NPRM and ANPRM must be submitted on or before July 7, 2009.