49 C.F.R. § 23.41

What is the basic overall goal requirement for recipients?

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(a) If you are a recipient who must implement an ACDBE program, you must, except as provided in paragraph (b) of this section, establish two separate overall ACDBE goals. The first is for car rentals; the second is for concessions other than car rentals.

(b) If your annual car rental concession revenues, averaged over the three-years preceding the date on which you are required to submit overall goals, do not exceed $200,000, you are not required to submit a car rental overall goal. If your annual revenues for concessions other than car rentals, averaged over the three years preceding the date on which you are required to submit overall goals, do not exceed $200,000, you are not required to submit a non-car rental overall goal.

(c) Each overall goal must cover a three-year period. You must review your goals annually to make sure they continue to fit your circumstances appropriately. You must report to the FAA any significant adjustments that you make to your goal in the time before your next scheduled submission.

(d) Effective October 3, 2025, you are not required to update your overall goals until the UCP that covers you has completed the reevaluation process described in § 23.81.

(e) If you fail to establish and implement goals as provided in this section, you are not in compliance with this part. If you establish and implement goals in a way different from that provided in this part, you are not in compliance with this part. If you fail to comply with this requirement, you are not eligible to receive FAA financial assistance.

[70 FR 14508, Mar. 22, 2005, as amended at 90 FR 47978, Oct. 3, 2025]

Notes of Decisions

Cited in 7 cases, 1986–1999 · leading case: Rex Paving Corp. v. White, 139 A.D.2d 176 (N.Y. App. Div. 1988).

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Rex Paving Corp. v. White, 139 A.D.2d 176 (N.Y. App. Div. 1988). · cites it 2× “Today, a DBE program is mandatory for all recipients of Federal highway money (49 CFR 23.41 [a]), although the regulations allow flexibility in the actual percentage of each contract let to DBEs and allow a waiver if the contractor acts in good faith to satisfy the program goal…”

United Fence & Guard Rail Corp. v. Mario M. Cuomo, Franklin E. White, Horace M. Flowers, Howard L. Sheffey, 878 F.2d 588 (2d Cir. 1989). “61 (implementation of Surface Transportation Act § 105(f)). As a recipient of a substantial amount of federal transportation assistance, New York has promulgated and implemented the NYDOT “Disadvantaged/Minority/Women Business Enterprise Program.”

Nolan Contracting, Inc. v. Reg'l Transit Auth., 651 F. Supp. 23 (E.D. La. 1986). “49 C.F.R. 23.41, et seq. Recipients of funds must submit programs for approval.”

Indianapolis Minority Contractors Ass'n v. Wiley, 187 F.3d 743 (7th Cir. 1999). “The court explained that 49 C.F.R. § 23.41 requires states to implement a DBE plan that incorporates the elements listed in § 23.”

Cache Valley Elec. Co. v. Utah Dep't of Transp., 149 F.3d 1119 (10th Cir. 1998). “See 49 C.F.R. § 23.41 (a)(3). In this regard, UDOT establishes an annual overall DBE participation goal for UDOT projects financed with federal funds, and, to achieve that goal, identifies which projects have subcontracting opportunities for DBEs and determines the appropriate…”

Capeletti Bros., Inc. v. Metro. Dade Cnty., 776 F. Supp. 1561 (S.D. Fla. 1991). “49 C.F.R. § 23.41 (f); see also Cone, 921 F.”

Middlesex Corp. v. P. Gioioso & Sons, Inc., 615 N.E.2d 937 (Mass. 1993). “See 49 C.F.R. §§ 23.41 (a) (2), 23.45 (e) - (i) (1990).”

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