PURPOSE: This rule describes, under federal and state law, when the different components of the USDOT and MoDOT DBE Program became effective in Missouri.

1. (1) Effective Date of 49 CFR Part 26. United States Department of Transportation’s (USDOT’s) new Disadvantaged Business Enterprise (DBE) regulations at 49 CFR part 26 became effective and replaced USDOT’s former DBE regulations (previously located at 49 CFR part 23) on March 4, 1999. See 49 CFR section 26.9(a), and see USDOT’s final rulemaking with comments at 64 Federal Register 5096–5148, at page 5096. USDOT has determined and advised all recipients such as Missouri Department of Transportation (MoDOT) that since part 26 is now in effect, recipients are responsible for implementing it, and they may no longer implement the former part 23. Therefore, under federal law, 49 CFR part 26 became effective and began governing the DBE Program on March 4, 1999; and MoDOT has been obligated to observe and enforce its provisions from and after that date as a matter of federal law.
2. (2) USDOT Binding Written Interpretations and Guidance. Since the publication of 49 CFR part 26, USDOT has been periodically issuing valid and binding written interpretations and guidance concerning 49 CFR part
3. 26. As MoDOT’s External Civil Rights Unit has received or continues to receive these, MoDOT has been observing and enforcing their DBE program guidance, and MoDOT will continue to do so, as a matter of federal law. These valid and binding written guidance are available from USDOT and its Office of Small and Disadvantaged Business Utilization on the Internet at their website for the DBE P r o g r a m : h t t p : / / o s d b u we b. d o t . g ov / programs/dbe/dbe.html : or on the main USDOT website (www.dot.gov) in the Office of Small and Disadvantaged Business portion of the site. Also, you may write or phone the Office of Civil Rights for Federal Highway Administration (FHWA), Federal Transit Administration (FTA) or Federal Aviation Administration (FAA); or contact the FHWA, FTA, or FAA field offices serving Missouri.
4. (3) Effective Date of the Commission’s Revised DBE Regulations. The commission and MoDOT understand that these revised state DBE Program regulations will take effect on a date later than March 4, 1999 under state law. Therefore, these regulations will not be relied upon for actions taking place prior to their legally-effective date; but the USDOT regulations at 49 CFR part 26 will apply to govern MoDOT’s DBE Program from and after March 4, 1999, as required by federal law and section 226.150, RSMo.

AUTHORITY: section 226.150, RSMo 1994*; Title 49 Code of Federal Regulations part 26; Section 1101(b) of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 113; and MoDOT’s approved DBE Program submittals to the U.S. Department of Transportation. Emergency rule filed May 10, 2000, effective May 20, 2000, expired Nov. 6, 2000. Original rule filed May 10, 2000, effective Nov. 30, 2000. *Original authority: 226.150, RSMo 1939, amended 1977.