15910 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Proposed Rules 

Issued this 25th day of March 2009, at 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. E9–7903 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 26 

[Docket No. OST–2009–0081] 

RIN 2105–AD76 

Disadvantaged Business Enterprise; 

Overall Goal Schedule and 

Substitution 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This notice of proposed 

rulemaking (NPRM) would propose to 

improve administration of the 

Disadvantaged Business Enterprise 

(DBE) program by calling upon 

recipients of DOT financial assistance to 

transmit overall goals to the Department 

for approval every three years, rather 

than annually. 

DATES: Comments on this proposed rule 

must be received by July 7, 2009. 

ADDRESSES: You may submit comments 

(identified by the agency name and DOT 

Docket ID Number OST–2009– ) by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: You must include the 

agency name (Office of the Secretary, 

DOT) and Docket number (OST– 

2009– ) for this notice at the beginning 

of your comments. You should submit 

two copies of your comments if you 

submit them by mail or courier. Note 

that all comments received will be 

posted without change to 

www.regulations.gov including any 

personal information provided and will 

be available to internet users. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For internet access to the 

docket to read background documents 

and comments received, go to 

www.regulations.gov. Background 

documents and comments received may 

also be viewed at the U.S. Department 

of Transportation, 1200 New Jersey 

Ave., SE., Docket Operations, M–30, 

West Building Ground Floor, Room 

W12–140, Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

Room W94–302, 202–366–9310, 

bob.ashby@dot.gov. 

SUPPLEMENTARY INFORMATION: 

The current DBE rule (49 CFR part 26) 

requires recipients to submit overall 

goals for review by the applicable DOT 

operating administration on August 1 of 

each year. The process of setting annual 

overall goals can be time-consuming, 

particularly given the requirements for 

public participation by the recipient. 

The Department’s experience has been 

that many goals are submitted after the 

August 1 date, and the Department’s 

workload involved in reviewing annual 

goals from 52 state departments of 

transportation and hundreds of transit 

authorities and airports has often 

resulted in delays in the Department’s 

response to recipients’ submissions. 

In the Department’s 2005 airport 

concessions disadvantaged business 

enterprise (ACDBE) regulation (49 CFR 

part 23), the Department established a 

staggered three-year schedule for the 

submission by airports of ACDBE goals. 

The purpose of this provision was to 

better manage the workloads of both 

airports and the Federal Aviation 

Administration (FAA). This approach 

appears to have been successful in 

achieving that objective, and we are 

now proposing to establish a similar 

system for Part 26 DBE goals. We seek 

comment on whether such a system 

should, like its Part 23 counterpart, 

permit operating administrations to 

grant program waivers for different 

schedules that recipients suggest. 

Under the proposal, each Part 26 

recipient would submit an overall goal 

every three years, based on a schedule 

established by the operating 

administrations. Some recipients would 

submit a goal in August 2009, as per the 

existing requirement. Others would not 

submit an overall goal until August 

2010, and others not until August 2011. 

With respect to airports, FAA would 

arrange the schedule so that an airport 

would not have to submit both a Part 23 

and Part 26 goal in the same year. The 

Department seeks comment on the 

concept of submitting DBE goals every 

three years as well as the proposed 

schedules for submission. We also seek 

comment on whether the rule should 

provide for annual reviews of goals or 

adjustments for new opportunities, 

similar to what is provided in section 

23.45 of the airport concessions DBE 

rule. 

Regulatory Analyses and Notices 

The Department has determined that 

this action is not considered a 

significant regulatory action for 

purposes of Executive Order 12866 or 

the Department’s regulatory policies and 

procedures. The NPRM would ease 

administrative burdens on recipients by 

reducing the frequency of overall goal 

submissions and would improve 

protections for DBE subcontractors by 

requiring recipient approval of certain 

contracting actions. 

The NPRM would affect some small 

entities, easing administrative burdens 

related to goal submission on any 

recipients that are considered small 

entities and enhancing contracting 

process protections for DBEs, which are 

small entities. However, the economic 

effects of these changes on small entities 

are negligible. For that reason, the 

Department certifies that the NPRM, if 

made final, would not have a significant 

economic impact on a substantial 

number of small entities. 

The Department has analyzed this 

proposed action in accordance with the 

principles and criteria contained in 

Executive Order 13132, and has 

determined that the proposed 

amendments are consistent with the 

Executive Order and that no 

consultation is necessary. This NPRM 

does not propose information collection 

requirements covered by the Paperwork 

Reduction Act. 

List of Subjects in 49 CFR Part 26 

Administrative practice and 

procedures, Airports, Civil rights, 

Government contracts, Grant 

programs—transportation, Highways 

and roads, Mass transportation, 

Minority business, Reporting and 

recordkeeping requirements. 


rwilkins on PROD1PC63 with PROPOSALS-1
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Proposed Rules 15911 

Issued at Washington DC this 25th day of 

March 2009. 

Ray LaHood, 

Secretary of Transportation. 

For reasons discussed in the 

preamble, the Department of 

Transportation proposes to amend Title 

49 of the Code of Federal Regulations, 

Part 26, as follows: 

1. The authority citation for 49 CFR 

part 26 is amended 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; 

Public Law 105–59, sec. 1101(b). 

2. Revise § 26.45(f)(1) to read as 

follows: 

§ 26.45 How do recipients set overall 

goals? 

* * * * * 

(f)(1) If you set overall goals on a 

fiscal year basis, you must submit them 

to the applicable DOT operating 

administration by August 1 at three-year 

intervals, based on a schedule 

established by the FAA, FTA, or FHWA, 

as applicable, and posted on that 

agency’s Web site. 

* * * * * 

[FR Doc. E9–7904 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–AX39 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 29 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Availability of 

Amendment 29 to the Fishery 

Management Plan for Reef Fish 

Resources of the Gulf of Mexico; request 

for comments. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) has 

submitted Amendment 29 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP) 

for review, approval, and 

implementation by NMFS. Amendment 

29 proposes actions to establish an 

individual fishing quota (IFQ) program 

for grouper and tilefish species, 

establish design elements of the 

program, allow permit stacking, and 

establish dual classifications to the 

shallow water and deepwater 

management units for speckled hind 

and warsaw grouper. The measures 

contained in the subject amendment are 

intended to reduce effort in the Gulf of 

Mexico grouper and tilefish fisheries. 

DATES: Comments must be received no 

later than 5 p.m., eastern time, on June 

8, 2009. 

ADDRESSES: You may submit comments 

on the amendment, identified by ‘‘0648– 

AX39’’, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Susan Gerhart, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAANMFS–2008–0223’’ in the keyword 

search, then check the box labeled 

‘‘Select to find documents accepting 

comments or submissions’’, then select 

‘‘Send a Comment or Submission.’’ 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of Amendment 29 may be 

obtained from the Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607; telephone 813–348–1630; fax 

813–348–1711; e-mail 

gulfcouncil@gulfcouncil.org; or may be 

downloaded from the Council’s website 

at http://www.gulfcouncil.org/. 

Amendment 29 includes an 

Environmental Impact Statement, an 

Initial Regulatory Flexibility Analysis, a 

Regulatory Impact Review, and a Social 

Impact Assessment/Fishery Impact 

Statement. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305; fax: 727–824–5308; e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico (Gulf) 

is managed under the FMP. The FMP 

was prepared by the Council and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

Background 

Current regulatory measures used to 

manage the commercial fisheries for the 

grouper/tilefish complex in the Gulf 

exclusive economic zone (EEZ) include 

a license limitation system, quotas, trip 

limits, minimum size limits, area/gear 

restrictions, and seasonal closures. 

Nonetheless, the commercial grouper 

and tilefish fisheries have become 

overcapitalized, which has caused 

increasingly restrictive commercial 

regulations. Under the current 

management structure, the commercial 

grouper and tilefish fisheries are 

expected to continue to have higher 

than necessary levels of capital 

investment, increased operating costs, 

increased likelihood of shortened 

seasons, reduced safety at-sea, wide 

fluctuations in grouper supply, and 

depressed ex-vessel prices. 

The Council chose a multi-species 

IFQ program for grouper and tilefish 

species in the Gulf EEZ as the preferred 

alternative for effort management. The 

Magnuson-Stevens Act stipulates the 

Council may not submit, and the 

Secretary of Commerce (Secretary) may 

not approve, an IFQ program that has 

not first been approved by a majority of 

eligible voters in a referendum. NMFS 

conducted a referendum in December 

2008, with more than 80 percent of the 

respondents voting in favor of the IFQ 

program. 

Amendment 29 contains many design 

elements of the IFQ program, as well as 

major requirements for limited access 

privilege programs listed in the 

Magnuson-Stevens Act. Initial IFQ share 

distribution, and transfer of shares and 

allocation during the first 5 years, 

would be restricted to commercial reef 

fish permit holders. Initially, shares 

would be distributed proportionately 

among eligible participants based on 

landings during 1999–2004, with an 

allowance for dropping 1 year. The 

Regional Administrator would establish 

a formal appeals process and reserve 3 

percent of the total available IFQ shares 

during the first year of the program for 

use in resolving disputes. If NMFS 

implemented commercial quota 

adjustments or reallocations, IFQ 

allocation would be redistributed 

proportionally among shareholders. 

Five species-specific share types 

would be established for red grouper, 

gag, other shallow water groupers, 


rwilkins on PROD1PC63 with PROPOSALS-1