Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68951

entities. Further, these revisions do not

have Federalism impacts sufficient to

warrant the preparation of a Federalism

impact statement.

List of Subjects in 49 CFR Part 26

Administrative practice and

procedure, Airports, Civil rights,

Government contracts, Grant—

programs—transportation, Mass

transportation, and Minority businesses.

Issued this 6th Day of November, 2000, at

Washington, DC.

Rodney E. Slater,

Secretary of Transportation.

For the reasons set forth in the

preamble, the Department amends 49

CFR part 26 as follows:

PART 26—PARTICIPATION BY

DISADVANTAGED BUSINESS

ENTERPRISES IN DEPARTMENT OF

TRANSPORTATION FINANCIAL

ASSISTANCE PROGRAMS

1. The authority citation for 49 CFR

part 26 continues to read as follows:

Authority: 23 U.S.C. 324; 41 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. In § 26.11, revise paragraph (c) to

read as follows:

§ 26.11 What records do recipients keep

and report?

* * * * *

(c) You must create and maintain a

bidders list.

(1) The purpose of this list is to

provide you as accurate data as possible

about the universe of DBE and non-DBE

contractors and subcontractors who seek

to work on your Federally-assisted

contracts for use in helping you set your

overall goals.

(2) You must obtain the following

information about DBE and non-DBE

contractors and subcontractors who seek

to work on your Federally-assisted

contracts:

(i) Firm name;

(ii) Firm address;

(iii) Firm’s status as a DBE or nonDBE;

(iv) Age of the firm; and

(v) The annual gross receipts of the

firm. You may obtain this information

by asking each firm to indicate into

what gross receipts bracket they fit (e.g.,

less than $500,000; $500,000–$1

million; $1–2 million; $2–5 million;

etc.) rather than requesting an exact

figure from the firm.

(3) You may acquire the information

for your bidders list in a variety of ways.

For example, you can collect the data

from all bidders, before or after the bid

due date. You can conduct a survey that

will result in statistically sound

estimate of the universe of DBE and

non-DBE contractors and subcontractors

who seek to work on your Federallyassisted contracts. You may combine

different data collection approaches

(e.g., collect name and address

information from all bidders, while

conducting a survey with respect to age

and gross receipts information).

3. In § 26.21, revise paragraphs (a)(2)

and (a)(3) to read as follows:

§ 26.21 Who must have a DBE program?

(a) * * *

(2) FTA recipients receiving planning,

capital and/or operating assistance who

will award prime contracts (excluding

transit vehicle purchases) exceeding

$250,000 in FTA funds in a Federal

fiscal year;

(3) FAA recipients receiving grants for

airport planning or development who

will award prime contracts exceeding

$250,000 in FAA funds in a Federal

fiscal year.

* * * * *

4. In § 26.37, revise paragraph (b), and

add paragraph (c) to read as follows:

§ 26.37 What are a recipient’s

responsibilities for monitoring the

performance of other program participants?

* * * * *

(b) Your DBE program must also

include a monitoring and enforcement

mechanism to ensure that work

committed to DBEs at contract award is

actually performed by DBEs.

(c) This mechanism must provide for

a running tally of actual DBE

attainments (e.g., payments actually

made to DBE firms), including a means

of comparing these attainments to

commitments. In your reports of DBE

participation to the Department, you

must display both commitments and

attainments.

5. Amend § 26.45 as follows:

a. Revise paragraph (a); and

b. In paragraph (d) (2) at the beginning

of the sentence, remove ‘‘You may also

consider available’’ and substitute ‘‘If

available, you must consider’’ in its

place. The revised text reads as follows:

§ 26.45 How do recipients set overall

goals?

(a)(1) Except as provided in paragraph

(a)(2) of this section, you must set an

overall goal for DBE participation in

your DOT-assisted contracts.

(2) If you are a FTA or FAA recipient

who reasonably anticipates awarding

(excluding transit vehicle purchases)

$250,000 or less in FTA or FAA funds

in prime contracts in a Federal fiscal

year, you are not required to develop

overall goals for FTA or FAA

respectively for that fiscal year.

However, if you have an existing DBE

program, it must remain in effect and

you must seek to fulfill the objectives

outlined in § 26.1.

* * * * *

6. In § 26.55, revise paragraph (h) to

read as follows:

§ 26.55 How is DBE participation counted

toward goals?

* * * * *

(h) Do not count the participation of

a DBE subcontractor toward a

contractor’s final compliance with its

DBE obligations on a contract until the

amount being counted has actually been

paid to the DBE.

§ 26.89 [Amended]

7. In § 26.89(a)(3), remove ‘‘Room

2401’’ and add ‘‘Room 5414’’ in its

place.

[FR Doc. 00–29100 Filed 11–14–00; 8:45 am]

BILLING CODE 4910–62–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 991008273–0070–02; I.D.

110900A]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic; Trip

Limit Reduction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Trip limit reduction.

SUMMARY: NMFS reduces the

commercial trip limit in the fishery for

king mackerel in the northern Florida

west coast subzone to 500 lb (227 kg) of

king mackerel per day in or from the

exclusive economic zone (EEZ). This

trip limit reduction is necessary to

protect the overfished Gulf king

mackerel resource.

DATES: This rule is effective 12:01 a.m.,

local time, November 12, 2000, through

June 30, 2001, unless changed by further

notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Mark Godcharles, telephone 727–570–

5305, fax 727–570–5583, e-mail:

Mark.Godcharles@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fishery for coastal migratory pelagic fish

68952 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations

(king mackerel, Spanish mackerel, cero,

cobia, little tunny, dolphin, and, in the

Gulf of Mexico only, bluefish) is

managed under the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic (FMP).

The FMP was prepared by the Gulf of

Mexico and South Atlantic Fishery

Management Councils (Councils) and is

implemented under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) by regulations

at 50 CFR part 622.

Based on the Councils’ recommended

total allowable catch and the allocation

ratios in the FMP, on February 19, 1998

(63 FR 8353), NMFS implemented a

commercial quota of 2.34 million lb

(1.06 million kg) for the eastern zone

(Florida) of the Gulf migratory group of

king mackerel. On April 27, 2000,

NMFS’ implemented final rule (65 FR

16336, March 28, 2000) divided the

Florida west coast subzone of the

eastern zone into northern and southern

subzones and established a separate

quota for the northern Florida west

coast subzone of 175,500 lb (79,606

kg)(50 CFR 622.42(c)(1)(i)(A)(2)(ii)).

In accordance with 50 CFR

622.44(a)(2)(ii)(B), from the date that 75

percent of the northern Florida west

coast subzone’s quota has been

harvested until a closure of the

subzone’s fishery has been effected or

until the fishing year ends, king

mackerel in or from the EEZ may be

possessed on board or landed from a

permitted vessel in amounts not

exceeding 500 lb (227 kg) per day.

NMFS has determined that 75 percent

of the quota for Gulf group king

mackerel from the northern Florida west

coast subzone has been reached.

Accordingly, a 500-lb (227 kg) trip limit

applies to vessels in the commercial

fishery for king mackerel in or from the

EEZ in the northern Florida west coast

subzone effective 12:01 a.m., local time,

November 12, 2000, through June 30,

2001.

The Florida west coast subzone is that

part of the eastern zone south and west

of 25°20.4’ N. lat. (a line directly east

from the Miami-Dade County, FL,

Boundary). The Florida west coast

subzone is further divided into northern

and southern subzones. The northern

subzone is that part of the Florida west

coast subzone that is between 26°19.8’

N. lat. (a line directly west from the Lee/

Collier County, FL boundary) and

87°31’06’ W. long. (a line directly south

from the Alabama/Florida boundary).

Classification

This action responds to the best

available information recently obtained

from the fishery. The reduced trip limit

must be implemented immediately

because 75 percent of the quota has

been harvested. Any delay in

implementing this action would be

impractical and contradictory to the

Magnuson-Stevens Act, the FMP, and

the public interest. NMFS finds, for

good cause, that the implementation of

this action cannot be delayed for 30

days. Accordingly, under 5 U.S.C.

553(d), a delay in the effective date is

waived.

This action is taken under 50 CFR

622.44(a)(2)(iii) and is exempt from

review under E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: November 9, 2000.

Bruce C. Morehead

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–29271 Filed 11–9–00; 4:18 pm]

BILLING CODE: 3510–22 –S