(a) As a car rental company, you may, in meeting the goal the airport has set for you, include purchases or leases of vehicles from any vendor that is a certified ACDBE.
(b) As a car rental company, if you choose to meet the goal the airport has set for you by including purchases or leases of vehicles from an ACDBE vendor, you must also submit to the recipient documentation of the good faith efforts you have made to obtain ACDBE participation from other ACDBE providers of goods and services.
(c) While this part does not require you to obtain ACDBE participation through direct ownership arrangements, you may count such participation toward the goal the airport has set for you.
(d) The following special rules apply to counting participation related to car rental operations:
(1) Count the entire amount of the cost charged by an ACDBE for repairing vehicles, provided that it is reasonable and not excessive as compared with fees customarily allowed for similar services.
(2) Count the entire amount of the fee or commission charged by an ACDBE to manage a car rental concession under an agreement with the concessionaire toward ACDBE goals, provided that it is reasonable and not excessive as compared with fees customarily allowed for similar services.
(3) Do not count any portion of a fee paid by a manufacturer to a car dealership for reimbursement of work performed under the manufacturer's warranty.
(e) For other goods and services, count participation toward ACDBE goals as provided in part 26, § 26.55 and § 23.55 of this part. In the event of any conflict between these two sections, § 23.55 controls.
(f) If you have a national or regional contract, count a pro-rated share of the amount of that contract toward the goals of each airport covered by the contract. Use the proportion of your applicable gross receipts as the basis for making this pro-rated assignment of ACDBE participation.
Example to paragraph (f):Car Rental Company X signs a regional contract with an ACDBE car dealer to supply cars to all five airports in a state. The five airports each account for 20 percent of X's gross receipts in the state. Twenty percent of the value of the cars purchased through the ACDBE car dealer would count toward the goal of each airport.(g) Effective October 3, 2025, you as a car rental company may not count any ACDBE participation toward the goal that an airport has set for you until the UCP covering that airport has completed the reevaluation process described in part 26, § 23.81.
[70 FR 14508, Mar. 22, 2005, as amended at 89 FR 24962, Apr. 9, 2024; 90 FR 47979, Oct. 3, 2025]
Notes of Decisions
Car-Mar Constr. Corp. v. Skinner, 777 F. Supp. 50 (D.D.C. 1991).
· cites it 10× “The state and local agencies use the standards set forth in 49 C.F.R. § 23.53 to determine whether the firm is eligible to be certified as a MBE.”
Jack Wood Constr. Co. v. United States Dep't of Transp., 12 F. Supp. 2d 25 (D.D.C. 1998).
· cites it 10× “See 49 C.F.R. § 23.53 (a). State transportation agencies receive applications for the DBE program and grant or deny certification upon consideration of the requirements set forth in the regulations.”
Straight v. Wyoming Dep't of Transp. (In Re Straight), 248 B.R. 403 (10th Cir. BAP 2000).
· cites it 2× “The DOT proceeded to decertify Centerline as a DBE on March 28, 1995, claiming that Centerline was no longer eligible for DBE status under 49 C.F.R. § 23.53 (a)(2) because Straight did not "possess the financial and bonding resources necessary to operate the business in its…”
People v. Mikuszewski, 538 N.E.2d 1017 (NY 1989).
“Trucking was neither an independent business as required (see, 49 CFR 23.53 [a] [2]) nor a State-approved minority business enterprise.”
Michigan Road Builders Ass'n, Inc. v. Blanchard, 761 F. Supp. 1303 (W.D. Mich. 1991).
· cites it 2× “For a contracting business to be certified as a DBE, it must meet certain criteria as set forth in 49 C.F.R. § 23.53 . A contracting firm is disadvantaged, according to the federal regulations, if it is small and is owned and controlled by individuals who are socially and…”
Adarand Constructors, Inc. v. Pena, 965 F. Supp. 1556 (D. Colo. 1997).
“Part 28 (1995) implementing STURAA and ISTEA, 49 C.F.R. § 23.53 (1995) sets forth the requirements to qualify as a DBE (referred to as “MBE”), and § 23.”
United States v. Barker Steel Co., 774 F. Supp. 65 (D. Mass. 1991).
“, 49 C.F.R. § 23.53 . These regulations generally require that the firm be owned and controlled by specified minorities.”
Harrington Trucking, Inc. v. Iowa Dep't of Transp., 526 N.W.2d 528 (Iowa 1995).
“On judicial review the federal court will review the Department’s decision that ownership of a business is not real, substantial, or continuing and that the owner does not possess sufficient control to meet the requirements of 49 C.F.R. section 23.53. See Car-Mar Constr.”
— 49 C.F.R. § 23.53(6)(b) — 1 case
— 49 C.F.R. § 23.53(c) — 1 case
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