Submission guidelines and tips for USDOT Interim Final Rule DBE/ACDBE comments

On October 3, 2024, the U.S. Department of Transportation (USDOT) published an Interim Final Rule updating certification standards for the DBE/ACDBE programs, including definitions related to social and economic disadvantage. On October 24, 2025, USDOT released a Q&A document clarifying several new procedures. Public comments on the IFR are due by November 3, 2025.

What Changed and Why It Matters

USDOT issued an IFR updating certification standards for DBE/ACDBE programs, which includes definitions and procedures related to social and economic disadvantage and removes the presumption of disadvantaged based upon race or sex. USDOT also released a Q&A clarifying new procedures. These changes will affect eligibility determinations, certification renewals, recipient administration, goal counting and compliance planning for current and prospective DBEs/ACDBEs as well as prime contractors.  

Whether firms believe the new IFR is positive or negative, if you want to have a voice it is important to file comments before the November deadline, as the comments can shape the DBE program well into the future.

Comment Deadline and How to File

• Comments must be received by November 3, 2025. Submissions typically close at 11:59 p.m. eastern on this date.
• File to this docket listed in the IFR publication. Include your organization name, contact person, and contact information or you can file anonymously.
• If mail or hand delivery is permitted by the notice, follow the specified instructions precisely.

Priorities for Business Owners When Commenting

To be most persuasive and useful to USDOT, focus on clarity, specificity, and practical solutions that align with program objectives. Agencies give the greatest weight to targeted, evidence‑based feedback that proposes workable alternatives.

Practical Filing Tips

• Begin drafting early and plan for the 11:59 p.m. Eastern deadline on November 3, 2025.
• Describe how and why a certain provision of the regulations can impact your business and operations. Use concrete examples, if possible.
• Flag any perceived ambiguities or conflicting language if applicable and offer suggestions for language changes.
• Propose feasible alternatives, as appropriate
• Be concise, professional, and solution‑oriented.
• Assume your submission will be public; do not include confidential or proprietary information.
• For additional guidance on writing effective comments, Regulations.gov has published "Tips for Submitting Effective Comments on Regulations."

For further information and insight, reach out to McDonald Hopkins’ Michelle Kantor.