15614 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 

commodity data on a sub-trade basis 

pursuant to § 535.703(d) of this chapter. 

Bryant L. VanBrakle, 

Secretary. 

[FR Doc. E7–6060 Filed 3–30–07; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Parts 23 and 26 

[Docket OST–97–2550] 

RIN 2105–AD51 

Disadvantaged Business Enterprise 

Program 

AGENCY: Office of the Secretary, DOT. 

ACTION: Final rule. 

SUMMARY: This document adjusts the 

dollar limits and size limits used to 

define small businesses for the 

Department of Transportation’s Airport 

Concessions Disadvantaged Business 

Enterprise (ACDBE) program. The 

Department of Transportation amends 

these size limits in order to ensure that 

the opportunity of small businesses to 

participate in the ACDBE program 

remains unchanged after taking inflation 

into account. This document, as 

required by statute, also adjusts the 

dollar limits used to define small 

businesses for the Department of 

Transportation’s Disadvantaged 

Business Enterprise (DBE) program, 

which applies to State and local 

highway, transit, and airport recipients 

of DOT financial assistance. This 

document also corrects a reference error 

in a previous final rule. Finally, this 

document makes minor changes to the 

language of a previous rule in order to 

accurately explain the role of 

administrative guidance material. 

DATES: This rule is effective May 2, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, Department of 

Transportation, 400 7th Street, SW., 

Room 10424, Washington, DC 20590, 

phone numbers (202) 366–9310 (voice), 

(202) 3669313 (fax), (202) 755–7687 

(TTY), bob.ashby@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Background 

On March 22, 2005, the Department 

published a final rule revising 49 CFR 

Part 23—the regulation governing the 

airport concessions disadvantaged 

business enterprise (ACDBE) program. 

On the same day, the Department 

published a supplemental notice of 

proposed rulemaking (SNPRM) on the 

business size standards for eligibility in 

the ACDBE program as well as on two 

other matters concerning 

implementation of the program. This 

final rule addresses the issues raised in 

the SNPRM and the comments made in 

response to the SNPRM. 

The DBE Airport Concessions and 

Contracting Programs 

The DOT-assisted contracts DBE rule 

and airport concessions DBE rule are 

based on different statutes. Each statute 

applies to a distinct type of business 

that may seek DOT financial assistance. 

The ACDBE program is designed to give 

business opportunities to certain small 

business concerns that operate at 

airports and that are owned and 

controlled by socially and economically 

disadvantaged individuals. The ACDBE 

program is mandated by 49 U.S.C. 

47107(e), originally enacted in 1987 and 

amended in 1992. 

The DBE program for DOT-assisted 

contracts is a statutory program 

intended to ensure nondiscriminatory 

contracting opportunities for small 

business concerns owned and 

controlled by socially and economically 

disadvantaged individuals in the 

Department’s highway, mass transit and 

airport financial assistance programs. 

The statutory provision governing the 

DBE program in the highway and mass 

transit financial assistance programs is 

1101(b) of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU), 

Public Law 109–59, August 10, 2005. 

The statutory provision governing the 

DBE program as it relates to the airport 

planning and airport development 

financial assistance programs is 49 

U.S.C. 47113. 

ACDBE Gross Receipts Size Standards 

The ACDBE program is designed to 

help small business concerns, owned 

and controlled by socially and 

economically disadvantaged 

individuals, become self-sufficient and 

able to compete with non-disadvantaged 

firms. Under the current DOT rule, if the 

airport concessions firm’s annual gross 

receipts averaged over the preceding 

three fiscal years exceed $30 million, 

then it is not considered a small 

business eligible to be certified as an 

ACDBE. The Department notes that the 

existing size standards have not been 

adjusted for inflation since June 1, 1992. 

This final rule adjusts the size standards 

for eligibility as an ACDBE. 

A number of comments submitted to 

the Department supported adjusting the 

gross receipts size limit for inflation. 

One comment suggested that the 

Department consider distinct size 

standards for each type of concession. A 

number of comments also suggested that 

an employee based size standard is 

inappropriate because businesses may 

operate using different business model 

configurations with different numbers of 

employees. These comments also point 

out that verifying the number of 

employees is more complex than 

verifying gross receipts, which are 

recorded in tax returns. 

This final rule adjusts the general 

ACDBE gross receipts cap for inflation. 

This rule only applies an employee 

based size standard if the business 

operates pay telephones or if the 

business is an automobile dealer. The 

Department views a general gross 

receipts size limit that is adjusted for 

inflation as the most efficient and fair 

way to establish size limits for the 

ACDBE program. The adjustment 

compensates for the rise in the general 

level of prices over time from the 

second quarter of 1992 to the third 

quarter of 2006. In order to ensure that 

this adjustment is made on a more 

timely basis in the future, the rule 

provides for a similar adjustment every 

two years, using the same methods. At 

two year intervals, the Department will 

publish a final rule to update the size 

standard numbers. 

It should be emphasized that this 

action does not increase the size 

standard for ACDBEs in real dollar 

terms. It simply maintains the status 

quo, adjusting to 2006 dollars. A 

number of comments opposed the idea 

of making Part 23 and Part 26 size 

standards identical because the 

capitalization requirements for airport 

concessions are much higher. The 

Department agrees and will not 

harmonize the standards. 

In order to make an inflation 

adjustment to the gross receipts figures, 

the Department of Transportation uses a 

Department of Commerce price index. 

The Department of Commerce’s Bureau 

of Economic Analysis prepares constant 

dollar estimates of state and local 

government purchases of goods and 

services by deflating current dollar 

estimates by suitable price indexes. 

These indices include purchases of 

durable and non-durable goods, and 

other services. Using these price 

deflators enables the Department to 

adjust dollar figures for past years’

inflation. Given the nature of the 

Department’s DBE Program and ACDBE 

Program, adjusting the gross receipts 

cap in the same manner in which 

inflation adjustments are made to the 

costs of state and local government 


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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 15615 

purchases of goods and services is 

simple, accurate, and fair. 

The inflation rate on purchases by 

State and local governments for the 

current year is calculated by dividing 

the price deflator for the third quarter of 

2006 (128.352) by 1992’s second quarter 

price deflator (80.583). The result of the 

calculation is 1.5928, which represents 

an inflation rate of 59.28% from the 

second quarter of 1992. Multiplying the 

$30,000,000 figure for small business 

enterprises by 1.5928 equals 

$47,784,000, which will be rounded off 

to the nearest $10,000, or $47,780,000. 

Therefore, under the new rule, if a 

firm’s gross receipts, averaged over the 

firm’s previous three fiscal years, 

exceeds $47,780,000, then it exceeds the 

airport concessions small business size 

limit contained in Part 23. 

ACDBE Car Rental Company Size 

Standards 

Under the existing rule, car rental 

companies are not eligible to participate 

in the ACDBE program if their average 

gross receipts over the three previous 

fiscal years exceed $40 million. This 

final rule adjusts the size standard for 

car rental companies to reflect the 

effects of inflation on the real dollar 

value. 

The inflation rate on purchases by 

State and local governments for the 

current year is calculated by dividing 

the price deflator for the third quarter of 

2006 (128.352) by 1992’s second quarter 

price deflator (80.583). The result of the 

calculation is 1.5928, which represents 

an inflation rate of 59.28% from the 

second quarter of 1992. Multiplying the 

$40,000,000 figure for car rental 

companies by 1.5928 equals 

$63,712,000, which will be rounded off 

to the nearest $10,000, or $63,710,000. 

Therefore, under the new rule, if a car 

rental company’s gross receipts, 

averaged over the company’s previous 

three fiscal years, exceeds $63,710,000, 

then it exceeds the airport concessions 

car rental company size limit contained 

in Part 23. 

A number of comments also 

supported establishing car rental goals 

on a nationwide basis for car rental 

agencies with a nationwide presence. 

The Department recognizes that a 

number of issues need to be considered 

before such a rule can be published. The 

Department will continue to consider 

developing a future rulemaking on 

nationwide car rental company goals. 

The Department will also continue to 

look for input from stakeholders when 

drafting any future rule on this subject. 

ACDBE Banks and Financial 

Institutions Size Standards 

A number of comments said that 

financial industry regulators (e.g., the 

Federal Reserve Board of Governors, the 

Federal Deposit Insurance Corporation, 

the Office of the Comptroller of 

Currency, and the Office of Thrift 

Supervision) and the banking industry 

itself consider banks with less than $1 

billion in assets to be ‘‘small’’

institutions. These comments went on 

to point out that the assets needed to 

operate any financial institution are 

high, even for the smallest banks, 

because of compliance burdens and 

technology expenses. In its comments, 

the American Bankers Association 

discussed the difference in efficiency 

between banks with less than $1 billion 

in assets and banks with over $1 billion 

in assets. A December 5, 2006 report 

from the American Bankers Association 

stated that the largest minority bank has 

assets of $638 million. The report also 

states that 61% of all black owned banks 

have assets under $100 million. 

The existing rule imposes a $275 

million asset limit for banks and 

financial institutions. This final rule 

increases the dollar amount of assets 

that a bank or financial institution may 

have while still remaining eligible to 

participate in the ACDBE program; the 

new limit is $750 million. The new size 

standard will more closely approach the 

‘‘small’’ bank and financial institution 

standards referenced in the comments 

while accommodating the size of actual 

minority financial institutions. The new 

standard will also reflect the size 

differences between most minority 

banks and the banking industry 

generally. 

ACDBE Automobile Dealer Size 

Standards 

Finally, the current rule has no 

unique size standard for automobile 

dealers. Some comments suggested that 

the size standard for automobile dealers 

selling vehicles to car rental 

concessionaires at airports should be 

based on the number of employees 

working for a dealer. The comments 

recommend an employee based size 

standard because automobile dealers 

who process sales of fleets of cars to car 

rental companies (‘‘fleet dealers’’) 

generate high gross sales, with the result 

that few, if any, fleet dealers would 

qualify as small businesses, under the 

existing standard. A number of 

commenters recommended that a 500- 

employee size standard be created for 

car dealers, which, in their view, would 

ensure that all potential DBE car dealers 

would qualify as small businesses. 

The Department believes that 

commenters made a persuasive case for 

replacing the current gross receipts 

standard with an employee-based 

standard. However, we are concerned 

that using the suggested 500 employee 

standard would go too far in the other 

direction, encompassing all but a few of 

all car dealers in the industry (2005 

statistics from the National Association 

of Automobile Dealers, for example, 

state that the average number of 

employees of a dealer was 53). We 

believe that a small business standard 

should not be so inclusive that the 

distinction between smaller and larger 

businesses is erased. At the same time, 

we realize that ‘‘fleet dealers,’’ who sell 

large numbers of cars to car rental 

companies and other fleet purchasers, 

are likely to have more employees than 

the typical retail dealer. Consequently, 

we are establishing a 200 employee 

standard for purposes of this rule. 

Fraud, Abuse, and Administrative 

Burdens in the ACDBE Program 

In the NPRM, the Department asked 

for comment on ways to better monitor 

the eligibility of ACDBEs as well as the 

ongoing performance of ACDBEs in the 

concession business. A number of 

comments responded to this inquiry. 

These comments suggested creating 

additional reporting requirements, 

detailed annual reviews, and more 

detailed initial review of certification 

applications. Some comments voiced 

concern with the administrative 

burdens from the monitoring and goal 

setting that is already required by the 

ACDBE program, pointing out that this 

burden is especially significant for small 

hub airports. The Department has 

reviewed the current administrative 

requirements of the rule and will not 

change the process in this final rule. 

The ACDBE program carefully balances 

the benefits of administrative 

requirements that are designed to 

eliminate fraud and abuse with the 

burdens associated with those 

requirements, and we do not believe 

that further regulatory provisions are 

needed at this time. 

Business Size Standards for the DBE 

DOT Financial Assistance Programs 

This rule also adjusts the gross 

receipts cap for the Department’s 

financial assistance programs in 49 CFR 

Part 26. The existing DBE business size 

limits became effective on August 10, 

2005 with the passage of SAFETEA–LU. 

Under the existing rule, if a firm’s 

average annual gross receipts over the 

preceding three fiscal years exceed 

$19,570,000, then it cannot qualify as an 

eligible DBE firm. SAFETEA–LU 


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15616 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 

Section 1101 (b) (1) (a) instructs the 

Secretary of Transportation to adjust 

this amount annually for inflation. The 

rule will provide for annual calculations 

to make this adjustment, with future 

adjustments made by final rule. 

The inflation rate on purchases by 

State and local governments for the 

current year is calculated by dividing 

the price deflator for the third quarter of 

2006 (128.352) by 2005’s third quarter 

price deflator (123.079). The result of 

the calculation is 1.0428, which 

represents an inflation rate of 4.28% 

from the third quarter of 2005. 

Multiplying the $19,570,000 figure for 

disadvantaged business enterprises in 

Department of Transportation financial 

assistance programs by 1.0428 equals 

$20,407,596, which will be rounded off 

to the nearest $10,000, or $20,410,000. 

Therefore, if a firm’s gross receipts, 

averaged over the firm’s previous three 

fiscal years, exceeds $20,410,000, then it 

exceeds the small business size limit for 

participation by disadvantaged business 

enterprises in Department of 

Transportation financial assistance 

programs contained in the statutes and 

in Part 26. 

Corrections 

This rule corrects an error in the 

definition section of the original ACDBE 

rule. In the first publication of the rule, 

the definition of ‘‘small business 

concern’’ incorrectly referred to § 23.23 

for the applicable size standards. The 

definition of a ‘‘small business concern’’

now refers readers to § 23.33 for 

additional information on the size 

standards necessary to qualify as a 

‘‘small business concern.’’ In addition, 

we are amending sec. 23.11 to add an 

omitted reference to sec. 26.109, 

concerning confidentiality of DBE 

information. 

Guidance Documents Issued by the 

Department of Transportation 

The changes to § 26.9 of 49 CFR Part 

26 are intended to clarify the role of 

guidance documents in the 

Department’s Disadvantaged Business 

Enterprise (DBE) programs. Guidance 

documents do not have the same 

binding authority as a final ‘‘legislative’’

rule; however, guidance documents do 

express the Department’s official view 

of the meaning and application of our 

rules. Consequently, we are deleting the 

word ‘‘binding.’’

The change also clarifies that this 

provision applies to guidance issued by 

individual operating administrations as 

well as by the Office of the Secretary of 

Transportation (OST) or DOT as a 

whole. For example, guidance could not 

purport to express the official views of 

FHWA, FTA, or FAA if it did not 

comply with this provision. This 

provision also applies to any guidance 

or instructional material prepared by an 

outside party (e.g., a trade association) 

that is endorsed in any way or used in 

training sessions sponsored by DOT or 

any of its modal administrations. 

Section 26.9, as originally drafted, was 

intended to have this effect. However, 

because some questions have been 

raised about whether the language of the 

section effectively covers modalspecific, as distinct from Departmentwide, guidance we are making the 

language of this section even more 

specific. 

For the same reasons, this rule makes 

a parallel change to § 23.13 of 49 CFR 

Part 23. We also note that the review 

mechanism specified in these sections 

would be the method through which the 

Department would comply with 

provisions of the recently-issued 

Executive Order 13422 and OMB 

Bulletin on Good Guidance Practices for 

any guidance issued by the Department 

that would be considered to be 

significant guidance. 

Regulatory Analyses and Notices 

This rule is non-significant for 

purposes of Executive Order 12866 and 

the Department of Transportation’s 

Regulatory Policies and Procedures. The 

rule is an essentially ministerial 

adjustment for inflation of a statutory 

small business size standard that does 

not change the standard in real dollar 

terms. It will not impose burdens on any 

regulated parties. This rule does not 

have Federalism impacts sufficient to 

warrant consultation with state and 

local officials. The rule does not impose 

information collection requirements 

subject to the Paperwork Reduction Act. 

The only effect of the rule on small 

entities is to allow some small 

businesses to continue to participate in 

the ACDBE and the DBE programs by 

adjusting for inflation and modifying 

the size standards as measured by 

average annual gross receipts, total asset 

amounts, and total number of 

employees. Therefore, I certify that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. Since this rule 

pertains to a nondiscrimination 

requirement and affects only Federal 

financial assistance programs, the 

Unfunded Mandates Act does not apply. 

List of Subjects 

49 CFR Part 23 

Administrative practice and 

procedure, Airports, Civil rights, 

Concessions, Government contracts, 

Grant programs—transportation, 

Minority businesses, Reporting and 

recordkeeping requirements. 

49 CFR Part 26 

Administrative practice and 

procedure, Airports, Civil rights, 

Concessions, Government contracts, 

Grant programs—transportation, 

Highways and roads, Mass 

transportation, Minority business, 

Reporting and recordkeeping 

requirements. 

■ For the reasons stated in the preamble, 

the Department of Transportation 

amends 49 CFR Parts 23 and 26 as 

follows: 

PART 23—PARTICIPATION OF 

DISADVANTAGED BUSINESS 

ENTERPRISE IN AIRPORT 

CONCESSIONS 

■ 1. The authority citation for part 23 

continues to read as follows: 

Authority: 42 U.S.C. 200d et seq.; 49 U.S.C. 

47107 and 47123; Executive Order 12138, 3 

CFR, 1979 Comp., p. 393. 

■ 2. Amend § 23.3 by revising the 

definition of ‘‘Small business concern’’

to read as follows: 

§ 23.3 What do the terms in this part 

mean? 

* * * 

Small business concern means a for 

profit business that does not exceed the 

size standards of § 23.33 of this part. 

* * * * * 

§ 23.11 [Amended] 

■ 3. Amend § 23.11 by removing 

‘‘26.107’’ and adding in its place ‘‘sec. 

26.109’’. 

■ 4. Amend § 23.13 by revising 

paragraphs (a) and (b) to read as follows: 

§ 23.13 How does the Department issue 

guidance, interpretations, exemptions, and 

waivers pertaining to this part? 

(a) Only guidance and interpretations 

(including interpretations set forth in 

certification appeal decisions) 

consistent with this part 23 and issued 

after April 21, 2005, express the official 

positions and views of the Department 

of Transportation or the Federal 

Aviation Administration. 

(b) The Secretary of Transportation, 

Office of the Secretary of 

Transportation, and the FAA may issue 

written interpretations of or written 

guidance concerning this part. Written 

interpretations and guidance are valid, 

and express the official positions and 

views of the Department of 

Transportation or the FAA, only if they 

are issued over the signature of the 


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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 15617 

Secretary of Transportation or if they 

contain the following statement: 

The General Counsel of the Department of 

Transportation has reviewed this document 

and approved it as consistent with the 

language and intent of 49 CFR part 23. 

■ 5. Revise § 23.33 to read as follows: 

§ 23.33 What size standards do recipients 

use to determine the eligibility of ACDBEs? 

(a) As a recipient, you must, except as 

provided in paragraph (b) of this 

section, treat a firm as a small business 

eligible to be certified as an ACDBE if 

its gross receipts, averaged over the 

firm’s previous three fiscal years, do not 

exceed $47.78 million. 

(b) The following types of businesses 

have size standards that differ from the 

standard set forth in paragraph (a) of 

this section: 

(1) Banks and financial institutions: 

$750 million in assets; 

(2) Car rental companies: $63.71 

million average annual gross receipts 

over the firm’s three previous fiscal 

years; 

(3) Companies providing pay 

telephones: 1,500 employees; 

(4) Automobile dealers: 200 

employees. 

(c) The Department adjusts the 

numbers in paragraphs (a) and (b)(2) of 

this section using the Department of 

Commerce price deflators for purchases 

by state and local governments as the 

basis for this adjustment. These 

adjustments are made every two years 

from May 2, 2007. The Department 

publishes a final rule informing the 

public of each adjustment. 

PART 26—PARTICIPATION BY 

DISADVANTAGED BUSINESS 

ENTERPRISES IN DEPARTMENT OF 

TRANSPORTATION FINANCIAL 

ASSISTANCE PROGRAMS 

■ 1. The authority citation for part 26 

continues to read as follows: 

Authority: 23 U.S.C. 324; 42 U.S.C. 2000d 

et seq.; 49 U.S.C 1615, 47107, 47113, 47123; 

Sec. 1101(b), Pub. L. 105–178, 112 Stat. 107, 

113. 

■ 2. Revise § 26.9 to read as follows: 

§ 26.9 How does the Department issue 

guidance and interpretations under this 

part? 

(a) Only guidance and interpretations 

(including interpretations set forth in 

certification appeal decisions) 

consistent with this part 26 and issued 

after March 4, 1999 express the official 

positions and views of the Department 

of Transportation or any of its operating 

administrations. 

(b) The Secretary of Transportation, 

Office of the Secretary of 

Transportation, FHWA, FTA, and FAA 

may issue written interpretations of or 

written guidance concerning this part. 

Written interpretations and guidance are 

valid, and express the official positions 

and views of the Department of 

Transportation or any of its operating 

administrations, only if they are issued 

over the signature of the Secretary of 

Transportation or if they contain the 

following statement: 

The General Counsel of the Department of 

Transportation has reviewed this document 

and approved it as consistent with the 

language and intent of 49 CFR part 26. 

■ 3. Revise § 26.65 to read as follows: 

§ 26.65 What rules govern business size 

determinations? 

(a) To be an eligible DBE, a firm 

(including its affiliates) must be an 

existing small business, as defined by 

Small Business Administration (SBA) 

standards. As a recipient, you must 

apply current SBA business size 

standard(s) found in 13 CFR part 121 

appropriate to the type(s) of work the 

firm seeks to perform in DOT-assisted 

contracts. 

(b) Even if it meets the requirements 

of paragraph (a) of this section, a firm 

is not an eligible DBE in any Federal 

fiscal year if the firm (including its 

affiliates) has had average annual gross 

receipts, as defined by SBA regulations 

(see 13 CFR 121.402), over the firm’s 

previous three fiscal years, in excess of 

$20.41 million. 

(c) The Department adjusts the 

number in paragraph (b) of this section 

using the Department of Commerce 

price deflators for purchases by State 

and local governments as the basis for 

this adjustment. The Department issues 

a final rule by August 10 of each year 

making this adjustment. 

Issued this 20 day of March 2007, at 

Washington DC. 

Mary E. Peters, 

Secretary of Transportation. 

[FR Doc. E7–6054 Filed 3–30–07; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 061121304–7053–02; I.D. 

112006B] 

RIN 0648–AT87 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Gulf Red 

Snapper Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures. 

SUMMARY: This final rule implements 

interim measures to reduce overfishing 

of Gulf red snapper. This final rule 

reduces the commercial and recreational 

quotas for red snapper, reduces the 

commercial minimum size limit for red 

snapper, reduces the recreational bag 

limit for Gulf red snapper, prohibits the 

retention of red snapper under the bag 

limit for captain and crew of a vessel 

operating as a charter vessel or 

headboat, and establishes a target level 

of reduction of shrimp trawl bycatch 

mortality of red snapper. The intended 

effect is to reduce overfishing of red 

snapper in the Gulf of Mexico. 

DATES: This final rule is effective May 2, 

2007 through September 29, 2007, 

except for amendments to § 622.37, 

which are effective April 2, 2007 

through September 29, 2007. 

ADDRESSES: Copies of documents 

supporting this final rule, including a 

final environmental impact statement 

(FEIS), a Record of Decision (ROD), and 

a final regulatory flexibility analysis 

(FRFA), may be obtained from Peter 

Hood, Southeast Regional Office, NMFS, 

263 13th Avenue South, St. Petersburg, 

FL 33701. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, telephone: 727–551–5784, 

fax: 727–824–5308, e-mail: 

peter.hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The red 

snapper fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan (FMP) for the Reef 

Fish Fishery of the Gulf of Mexico, and 

the shrimp fishery is managed under the 

FMP for the Shrimp Fishery of the Gulf 

of Mexico. The FMPs were prepared by 

the Gulf of Mexico Fishery Management 

Council (Council) and are implemented 

under the authority of the MagnusonVerDate Aug<31>2005 15:27 Mar 30, 2007 Jkt 211001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1

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