DOT has released Official FAQs on DBE Program Regulations. These questions and answers provide guidance and information for compliance with the provisions under 49 CFR part 26. Like all guidance material, these questions and answers are not, in themselves, legally binding or mandatory, and do not constitute regulations.
Questions and answers concerning response to Western States Paving Company v. Washington State Department of Transportation
These questions and answers apply only to recipients of Federal financial assistance from the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Aviation Administration (FAA) located in the states comprising the 9th Federal Judicial Circuit. These states are California, Oregon, Washington, Alaska, Arizona, Idaho, Montana, Nevada, and Hawaii. These questions and answers do not apply to recipients in other states. These questions and answers apply only to the disadvantaged business enterprise programs (DBE) of recipients of Federal financial assistance governed by 49 CFR Part 26.
What did the court say in Western States?
What should recipients’ studies include?
Will the process used by the modal administrations to review and approve goal submissions made by recipients in the ninth circuit change?
Will federal funds help to defray the costs of recipients’ studies?
Can there be statewide or regional studies, as opposed to a separate study for each individual recipient?
If recipients will be operating an all race-neutral DBE program in FY 2006 or subsequent years, what should such a program include?
If a recipient lacks sufficient evidence of discrimination or its effects, what should it do to remedy the lack of information?