APTA Submits Comments re USDOT Disadvantaged Business Enterprise IFR
11/5/2025
APTA wrote to U.S. Secretary of Transportation Sean Duffy, Nov. 3, offering comments regarding USDOT’s Interim Final Rule (IFR), “Disadvantaged Business Enterprise [DBE] and Disadvantaged Business Enterprise in Airport Concessions Program Implementation Modifications,” published in the Federal Register on Oct. 3.
APTA strongly supports the DBE program. The public transportation industry depends on a diverse pool of contractors who efficiently and cost-effectively deliver vital products and services to public transit agencies and the neighborhoods they serve. The DBE program not only expands access to valuable business resources; it also supports smaller companies and creates jobs, often in the local community.
“The DOT DBE program has a long, vital, and successful history. There are nearly 50,000 certified DBEs, and the DBE program is implemented by 53 departments of transportation and more than 500 transit agencies across the United States,” the APTA letter stated.
“APTA has long supported the DBE program to foster competition by ensuring transportation entities have a broad base of contractors and subcontractors to choose among and that prime contractors have a variety of potential subcontractors from which to source and scale capacity. The DBE program is a vital pathway for small businesses to support American infrastructure projects and for Federal funding to support broad-based economic growth.
“APTA is concerned about the use of an interim final rule, as opposed to a notice and comment process, to effectuate a seismic shift in how the DBE program is implemented. The notice-and-comment process is vital because it allows for collaboration; regulated entities are able to pose questions and provide feedback for USDOT’s consideration before a regulation goes into effect.
APTA’s submitted comments were the result of several listening sessions and consensus-building among APTA members. They raise numerous key issues that significantly impact the public transit industry. Importantly, the APTA submission to USDOT addresses the following:
- Impact on Contracts and Decertification.
- Timeline and Consistency Concerns.
- Funding Implications.
- Recertification Process Challenges.
- Evaluation of Personal Narratives.
- Recordkeeping, Reporting, and Privacy Considerations.