Small Business Government Contracting Programs; Subcontracting, 5568-5569 [05-1777]
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5568
Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations
Minors remain a serious violation of
both the Act and the Commission’s
regulations, which continue to prohibit
contributions in the name of another.
See 2 U.S.C. 441f; 11 CFR 110.4(b).
Furthermore, revised 11 CFR 110.19(b)
continues to require a Minor to own or
control the funds, goods or services
contributed, even if the Minor no longer
need exercise exclusive ownership or
control.
In addition, the remaining criteria in
11 CFR 110.19 have not changed. A
contribution by a Minor continues to be
permissible only if ‘‘the decision to
contribute is made knowingly and
voluntarily by the Minor,’’ and ‘‘the
contribution is not made from the
proceeds of a gift, the purpose of which
was to provide funds to be contributed,
or is not in any other way controlled by
another individual.’’
The second way in which revised 11
CFR 110.19(b) differs from the proposed
rule in the NPRM and former 11 CFR
110.19(c)(2) is in one of the examples.
The proposed rule and former 11 CFR
110.19(c)(2) listed ‘‘a savings account
opened and maintained exclusively in
the Minor’s name’’ as an example of the
types of funds that could qualify under
former 11 CFR 110.19(c)(2). 11 CFR
110.19(c)(2) (2004).
The Commission is making three
changes to this example in revised 11
CFR 110.19(b), for purposes of
conformity and clarification. First, the
Commission is deleting the word
‘‘exclusively’’ from the example, in
conformity with the change to the text
of 11 CFR 110.19(b), as discussed above.
Second, the Commission is inserting the
words ‘‘funds withdrawn by the Minor
from’’ before ‘‘a savings account’’ in the
example. As originally worded, the
example seemed to require a Minor to
contribute his or her entire account,
which was not the Commission’s intent.
Third, the Commission is substituting
the term ‘‘financial account’’ for
‘‘savings account’’ in the example, in
recognition of the different kinds of
accounts that a Minor might maintain
today with banks, credit unions,
brokerage firms, and similar
institutions.
Certification of No Effect Pursuant to 5
U.S.C. 605(b) (Regulatory Flexibility
Act)
Revised 11 CFR 110.19(c)—Gift
Proceeds
(a) Scope. This section applies to all
contributions made by any individual,
except individuals prohibited from
making contributions under 11 CFR
110.20 and 11 CFR part 115.
*
*
*
*
*
I 4. Revise § 110.19 to read as follows:
Revised paragraph (c) in 11 CFR
110.19 provides that a permissible
contribution ‘‘is not made from the
proceeds of a gift, the purpose of which
was to provide funds to be contributed,
or is not in any other way controlled by
another individual.’’ This requirement
is identical to the proposed rule in the
NPRM and former 11 CFR 110.19(c)(3).
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The Commission certifies that the
attached rules will not have a significant
economic impact on a substantial
number of small entities. The basis of
this certification is that these rules
apply only to individuals 17 years of age
or younger. Such individuals are not
small entities under 5 U.S.C. 601.
Moreover, these rules remove existing
restrictions in accordance with
controlling Supreme Court precedent
and do not impose any additional costs
on contributors, candidates, or political
committees.
List of Subjects in 11 CFR Part 110
contributions to any candidate or
political committee that in the aggregate
do not exceed the limitations on
contributions of 11 CFR 110.1 and
110.5, if—
(a) The decision to contribute is made
knowingly and voluntarily by the
Minor;
(b) The funds, goods, or services
contributed are owned or controlled by
the Minor, such as income earned by the
Minor, the proceeds of a trust for which
the Minor is the beneficiary, or funds
withdrawn by the Minor from a
financial account opened and
maintained in the Minor’s name; and
(c) The contribution is not made from
the proceeds of a gift, the purpose of
which was to provide funds to be
contributed, or is not in any other way
controlled by another individual.
Campaign funds, Political committees
and parties.
I For the reasons set forth in the
preamble, the Federal Election
Commission is amending subchapter A
of Chapter 1 of Title 11 of the Code of
Federal Regulations as follows:
Dated: January 28, 2005.
Scott E. Thomas,
Chairman, Federal Election Commission.
[FR Doc. 05–2003 Filed 2–2–05; 8:45 am]
PART 110—CONTRIBUTION AND
EXPENDITURE LIMITATIONS AND
PROHIBITIONS
SMALL BUSINESS ADMINISTRATION
BILLING CODE 6715–01–P
1. Revise the authority citation for part
110 to read as follows:
13 CFR Part 125
Authority: 2 U.S.C. 431(8), 431(9),
432(c)(2), 437d, 438(a)(8), 441a, 441b, 441d,
441e, 441f, 441g, 441h and 36 U.S.C. 510.
Small Business Government
Contracting Programs; Subcontracting
I
2. Amend § 110.1 by revising
paragraph (a) to read as follows:
I
§ 110.1 Contributions by persons other
than multicandidate political committees (2
U.S.C. 441a(a)(1)).
(a) Scope. This section applies to all
contributions made by any person as
defined in 11 CFR 110.10, except
multicandidate political committees as
defined in 11 CFR 100.5(e)(3) or entities
and individuals prohibited from making
contributions under 11 CFR 110.20 and
11 CFR parts 114 and 115.
*
*
*
*
*
I 3. Amend § 110.5 by revising
paragraph (a) to read as follows:
§ 110.5 Aggregate biennial contribution
limitation for individuals (2 U.S.C.
441a(a)(3)).
§ 110.19
Contributions by minors.
An individual who is 17 years old or
younger (a Minor) may make
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RIN 3245–AF12
U.S. Small Business
Administration.
ACTION: Final rule; delay of effective
date.
AGENCY:
SUMMARY: The U.S. Small Business
Administration (SBA or Agency) delays
the effective date of the final rule
published in the Federal Register on
December 20, 2004, which generally
relates to evaluation of prime
contractor’s performance and authorized
factors in source selection when placing
orders against Federal Supply
Schedules, government-wide
acquisition contracts, and multi-agency
contracts, as corrected by the document
published in the Federal Register on
January 10, 2005, until March 14, 2005.
DATES: The final rule published on
December 20, 2004 (69 FR 75820) has
been classified as a major rule subject to
congressional review. The effective date,
which was corrected from December 20,
2004, to February 18, 2005 on January
10, 2005 (70 FR 1655), is further delayed
to March 14, 2005 (60 days after the date
on which Congress received the rule).
However, at the conclusion of
congressional review, if the effective
date has been changed, SBA will
publish a document in the Federal
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03FER1
Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations
Register to establish the actual effective
date or to terminate the rule.
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT:
Dean Koppel, Assistant Administrator,
Office of Policy and Research, (202)
401–8150, or dean.koppel@sba.gov.
National Oceanic and Atmospheric
Administration
50 CFR Part 622
On
December 20, 2004, SBA published in
the Federal Register a final rule which,
among other things, issued a list of
factors for Federal agencies to consider
in evaluating a prime contractor’s
performance and good faith efforts to
achieve the requirements in its
subcontracting plan, and authorized the
use of goals in subcontracting plans,
and/or past performance in meeting
such goals, as a factor in source
selection when placing orders against
Federal Supply Schedules, governmentwide acquisition contracts, and multiagency contracts (69 FR 75820). The
document incorrectly stated that the
final rule was effective on December 20,
2004. The document did not put the
public on notice that the final rule had
been designated as a major rule under
the Congressional Review Act (CRA),
which generally requires that the
effective date for major final rules to be
at least 60 days from the date of
publication in the Federal Register, or
from the date both Houses of Congress
receive it, whichever is later.
On January 10, 2005, SBA published
in the Federal Register a correction to
the final rule to put the public on notice
that the final rule had been designated
as a major rule under the CRA (70 FR
1655). The correction also stated that
the effective date for the final rule was
February 18, 2005, which was 60 days
after the publication of the final rule in
the Federal Register. When SBA
published the correction, the Agency
assumed that Congress had received the
final rule before its publication in the
Federal Register. However, Congress
received the final rule on January 11,
2005. Because the CRA requires the
effective date for major final rules to be
at least 60 days after publication or
congressional receipt, whichever is
later, and because congressional receipt
was the later of the dates, SBA is
delaying the effective date of the final
rule until March 14, 2005.
SUPPLEMENTARY INFORMATION:
Dated: January 25, 2005.
Allegra F. McCullough,
Associate Deputy Administrator for
Government Contracting and Business
Development.
[FR Doc. 05–1777 Filed 2–2–05; 8:45 am]
BILLING CODE 8025–01–P
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[Docket No. 001005281–0369–02; I.D.
012705C]
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason action; trip limit
reduction.
AGENCY:
SUMMARY: NMFS reduces the
commercial trip limit of Atlantic group
Spanish mackerel in or from the
exclusive economic zone (EEZ) in the
southern zone to 1,500 lb (680 kg) per
day. This trip limit reduction is
necessary to maximize the
socioeconomic benefits of the quota.
DATES: Effective 6 a.m., local time,
February 1, 2005, through March 31,
2005, unless changed by further
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter; telephone: 727–570–
5305; fax: 727–570–5583; e-mail:
Steve.Branstetter@noaa.gov.
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf of
Mexico only, dolphin and 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 by
regulations at 50 CFR part 622.
Based on the Councils’ recommended
total allowable catch and the allocation
ratios in the FMP, on August 2, 2000 (65
FR 41015, July 3, 2000), NMFS
implemented a commercial quota of
3.87 million lb (1.76 million kg) for the
Atlantic migratory group of Spanish
mackerel. For the southern zone, NMFS
specified an adjusted quota of 3.62
million lb (1.64 million kg) calculated to
allow continued harvest at a set rate for
the remainder of the fishing year in
accordance with 50 CFR 622.44(b)(2). In
accordance with 50 CFR
SUPPLEMENTARY INFORMATION:
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5569
622.44(b)(1)(ii)(C), after 75 percent of
the adjusted quota of Atlantic group
Spanish mackerel from the southern
zone is taken until 100 percent of the
adjusted quota is taken, Spanish
mackerel in or from the EEZ in the
southern zone may be possessed on
board or landed from a permitted vessel
in amounts not exceeding 1,500 lb (680
kg) per day. The southern zone for
Atlantic migratory group Spanish
mackerel extends from 30°42′45.6″ N.
lat., which is a line directly east from
the Georgia/Florida boundary, to
25°20.4′ N. lat., which is a line directly
east from the Miami-Dade/Monroe
County, FL, boundary.
NMFS has determined that 75 percent
of the adjusted quota for Atlantic group
Spanish mackerel from the southern
zone has been taken. Accordingly, the
1,500 lb (680 kg) per day commercial
trip limit applies to Spanish mackerel in
or from the EEZ in the southern zone
effective 6 a.m., local time, February 1,
2005, through March 31, 2005, unless
changed by further notification in the
Federal Register.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B), as such prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule itself has
already been subject to notice and
comment, and all that remains is to
notify the public of the trip limit
reduction. Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action in order to protect the fishery
since the capacity of the fishing fleet
allows for rapid harvest of the quota.
Prior notice and opportunity for public
comment will require time and would
potentially result in a harvest well in
excess of the established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30–day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
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]]>Agencies
[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Rules and Regulations]
[Pages 5568-5569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1777]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
RIN 3245-AF12
Small Business Government Contracting Programs; Subcontracting
AGENCY: U.S. Small Business Administration.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration (SBA or Agency) delays
the effective date of the final rule published in the Federal Register
on December 20, 2004, which generally relates to evaluation of prime
contractor's performance and authorized factors in source selection
when placing orders against Federal Supply Schedules, government-wide
acquisition contracts, and multi-agency contracts, as corrected by the
document published in the Federal Register on January 10, 2005, until
March 14, 2005.
DATES: The final rule published on December 20, 2004 (69 FR 75820) has
been classified as a major rule subject to congressional review. The
effective date, which was corrected from December 20, 2004, to February
18, 2005 on January 10, 2005 (70 FR 1655), is further delayed to March
14, 2005 (60 days after the date on which Congress received the rule).
However, at the conclusion of congressional review, if the effective
date has been changed, SBA will publish a document in the Federal
[[Page 5569]]
Register to establish the actual effective date or to terminate the
rule.
FOR FURTHER INFORMATION CONTACT: Dean Koppel, Assistant Administrator,
Office of Policy and Research, (202) 401-8150, or dean.koppel@sba.gov.
SUPPLEMENTARY INFORMATION: On December 20, 2004, SBA published in the
Federal Register a final rule which, among other things, issued a list
of factors for Federal agencies to consider in evaluating a prime
contractor's performance and good faith efforts to achieve the
requirements in its subcontracting plan, and authorized the use of
goals in subcontracting plans, and/or past performance in meeting such
goals, as a factor in source selection when placing orders against
Federal Supply Schedules, government-wide acquisition contracts, and
multi-agency contracts (69 FR 75820). The document incorrectly stated
that the final rule was effective on December 20, 2004. The document
did not put the public on notice that the final rule had been
designated as a major rule under the Congressional Review Act (CRA),
which generally requires that the effective date for major final rules
to be at least 60 days from the date of publication in the Federal
Register, or from the date both Houses of Congress receive it,
whichever is later.
On January 10, 2005, SBA published in the Federal Register a
correction to the final rule to put the public on notice that the final
rule had been designated as a major rule under the CRA (70 FR 1655).
The correction also stated that the effective date for the final rule
was February 18, 2005, which was 60 days after the publication of the
final rule in the Federal Register. When SBA published the correction,
the Agency assumed that Congress had received the final rule before its
publication in the Federal Register. However, Congress received the
final rule on January 11, 2005. Because the CRA requires the effective
date for major final rules to be at least 60 days after publication or
congressional receipt, whichever is later, and because congressional
receipt was the later of the dates, SBA is delaying the effective date
of the final rule until March 14, 2005.
Dated: January 25, 2005.
Allegra F. McCullough,
Associate Deputy Administrator for Government Contracting and Business
Development.
[FR Doc. 05-1777 Filed 2-2-05; 8:45 am]
BILLING CODE 8025-01-P
