48580 Federal Register / V o l. 54, N o. 225 / Friday, Novem ber 24, 1989 / Rules and Regulations

provided confirming documentation 

(Service Form 1-94), and shall be 

admitted under the classification symbol 

TC for a period not to exceed one year. 

Form 1-94 shall bear the legend 

“multiple entry.” The fee prescribed 

under § 103.7 of this chapter shall be 

remitted upon admission to the United 

States pursuant to the terms and 

conditions of the FTA. Upon remittance 

of the prescribed fee, the Canadian 

citizen applicant shall be provided a 

Service receipt (Form G-211, Form G - 

711, or Form 1-797).

(f) Readmission. A Canadian citizen 

in this classification may be readmitted 

to the United States for the remainder of 

the period authorized on Form 1-94, 

without presentation of the letter or 

supporting documentation described in 

paragraph (d)(2) of this section, and 

without remittance of the prescribed fee, 

provided that the original intended 

business activities and employer(s) have 

not changed. An alien who seeks 

readmission to the United States under 

this section to continue in business 

activities at a professional level who is 

no longer in possession of a valid, 

unexpired Form 1-94 and whose period 

of initial admission has not lapsed, shall 

present alternate evidence entitling the 

alien to readmission as TC. This 

alternate evidence may be in the form of 

a Service fee receipt for admission as 

TC or a previously issued admission 

stamp as TC in a passport, and a 

confirming letter from the United States 

employer(s).

(g) Extension o f stay. A Canadian 

citizen admitted under this section may 

apply for an extension of stay on Form 

1-539, as provided in § 214.1(c) of this 

chapter. Extensions of stay may be 

granted in increments of one year. The 

application shall be accompanied by a

letter(s) from the United States 

employer(s) confirming the continued 

need for the Canadian citizen’s services 

and stating the length of additional time 

needed.

(h) Request for change or addition of

United States employer(s). A Canadian 

citizen admitted under this paragraph 

who seeks to change or add a United 

States employer during the period of 

admission shall file an application for 

extension of stay on Form 1-539. The 

application shall be accompanied by a 

letter from the new employer describing 

the services to be performed, the time 

needed to render such services, and the 

terms of remuneration for services. 

Employment with a different or with an 

additional employer is not authorized 

prior to Service approval of the request 

for extension of stay. No action shall be 

required on the part of a Canadian

citizen who is transferred to another 

location by the United States employer 

to perform the same services. Such an 

acceptable transfer would be to a 

branch or office of the employer, not to a 

separately incorporated subsidiary or 

affiliate. In the latter cases, an 

application for extension of stay with a 

new employment letter is required.

(1) Spouse and unmarried minor

children accompanying or following to

join. (1) The terms and conditions set 

forth under § 214.2(b)(1) of this chapter 

shall apply to the admission and the 

extension of temporary stay of the 

spouse or unmarried minor child of a 

Canadian citizen admitted under this 

section.

(2) The spouse or unmarried minor 

child shall be required to present a 

valid, unexpired nonimmigrant visa or a 

valid, unexpired Canadian border 

crossing identification card unless 

otherwise exempt under § 212.1 of this 

chapter.

(3) The spouse and dependent minor 

children shall be issued confirming 

documentation (Form 1-94). Form 1-94 

shall bear the legend “multiple entry.” 

There shall be no fee required for 

admission o f the spouse and dependent 

minor children.

(4) The spouse and dependent minor 

children shall not accept employment in 

the United States unless otherwise 

authorized under the Act.

Dated: November 17,1989.

Gene McNary,

Com m issioner. Immigration and

Naturalization Service.

[FR Doc. 89-27536 Filed 11-24-89; 8:45 am]

BILLING CO DE 4410-10-M

FEDERAL ELECTION COMMISSION

11 CFR Parts 100,102,110,114, and 

9034

[Notice 1989-19]

Affiliated Committees, Transfers, 

Prohibited Contributions; Annual 

Contribution Limitations and 

Earmarked Contributions

a g e n c y : Federal Election Commission-. 

a c t i o n : Final rule; announcement of 

effective date.

SUMMARY: On August 17,1989 (54 FR 

34098), the Commission published the 

text of revised regulations governing 

affiliated committees, transfers, 

contributions in the name of another, 

annual contribution limits and 

earmarked contributions. 11 CFR 110.3,

110.4,110.5, and 110.6. These regulations 

implement the contribution limitations

and prohibitions established by 2 U.S.C. 

441a, 441e, 441f and 441g, provisions of 

the Federal Election Campaign Act of 

1971, as amended, 2 U .S.C. 431 et seq. In 

addition, the Commission published 

several conforming amendments to 11 

CFR 100.5,102.2,110.1,110.8,114.5,114.8, 

and 9034.4. The Commission announces 

that these rules are effective as of 

November 24,1989.

EFFECTIVE DATE: November 24,1989.

FOR FURTHER INFORMATION CONTACT:

Ms. Susan E. Propper, Assistant General 

Counsel, 999 E Street NW ., Washington, 

DC 20463, (202) 376-5690 or toll free 

(800) 424-9530.

SUPPLEMENTARY INFORMATION: Section 

438(d) of title 2, United States Code, 

and 26 U .S.C. 9039(c), require that any 

rule or regulation prescribed by the 

Commission to implement title 2 or title 

26 of the United States Code be 

transmitted to the Speaker of the House 

of Representatives and the President of 

the Senate thirty legislative days before 

final promulgation. The revisions to 11 

CFR 110.3,110.4,110.5, and 110.6 and the 

conforming amendments to 11 CFR 

100.5(g), 102.2(b), 110.1(f), 110.8(d), 

114.5(g), 114.8(g), and 9034.4(d) were 

transmitted to Congress on August 14,

1989. The thirty legislative day period 

for rules implementing title 2 of the Act 

is calculated separately from the thirty 

legislative day period for title 26 rules. 

For the title 2 regulations, thirty 

legislative days expired in the Senate on 

October 17,1989, and in the House of 

Representatives on October 23,1989. For 

the title 28 regulations thirty legislative 

days expired on October 25,1989.

Announcement of Effective Date

11 CFR 100.5(g), 102.2(b), 110.1(f),

110.3,110.4,110.5,110.6,110.8(d),114.5(g), 

114.8(g), and 9034.4(d) as published at 54 

FR 34098 are effective as of November

24,1989.

Dated: November 17,1989.

Danny L. McDonald,

Chairman, Federal Election Commission.

[FR Doc. 89-27509 Filed 11-22-89; 8:45 am]

B ILU N G C O D E 6715-01-W

11 CFR Part 110 

[Notice 1989-18]

Contributions and Expenditures; 

Prohibited Contributions

AGENCY: Federal Election Commission. 

ACTION: Final rule; transmittal of 

regulations to Congress.

SUMMARY: The Commission has revised 

its regulations at 11 CFR 110.4(a), which
Federal Register / V o l. 54, N o. 225 / Friday, Novem ber 24, 1989 / Rules and Regulations 48581

prohibit foreign.nationals from making 

contributions andother persons:from 

acceptingsuchcontributionsin 

connection with any-eledtion fori local, 

State or Federal:public• office. The 

revisions toisection 110.4(a) add 

Gorresponding references to 

expenditures, and clarify that:foreign 

nationalsmaynot,participate in certain 

election-related activities. These 

regulations are based on the 

prohibitions set forth infection 441e of 

the Federal’Election Campaign Act of 

1971, as amended (‘‘the Act”-or 

“FECA”), 2 U;S.C. 431 et seg. Further 

information on these, revisions1 is 

provided.in the supplementary 

information which follows.

d a t e s : Further action, mcluding the 

announcemerlt of an effective date, will 

be taken after these regulations.have 

been before Congressfor 30 legislative 

days pursuant*to 2 U .S.C. 438(d).

FOR FU R TH E R IN FO R M A TIO N C O N T A C T :

Ms. Susan E.Propper, Assistant General 

Counsel, 999F Street-NW., Washington, 

DC 20463, (202) 376-5690 or (800) 424- 

9530.

SU P P LEM EN TA R Y IN FO R M A TIO N : The 

Commission is publishing today'.the final 

text of revisions to its regulations at 11 

CFR 110.4, which concem electionrelated activity undertaken by foreign 

nationals. On^fune 7,1989 the 

Commission issued a Notice of Proposed 

Rulemaking (NPRM) in which it sought 

comments on proposed revisions to 

these regulations (54lFR 24351). No 

written-comments were received-in 

response to the Notice.

The NPRM also sought comment on 

possible revisions to other unrelated 

provisions of the Commission’s 

regulations which exempt certain 

unreimbursed ¡payments for 

transportation and subsistence costs 

from the definitions of ‘‘contribution” 

and “expenditure” (11 CFR 100.7(h)(8) 

and 100.8(b)(9)). Afterfurther 

consideration, the Commission has 

decided not to amend those provisions 

at this time.

Section 438(d) of title 2, United States 

Code requires that any rules :or 

regulations prescribed by the 

Commission to carry out the provisions 

of titled-of the United States Code be 

transmitted to the Speaker of the House 

of Representatives and the President of 

the Senate 30 legislative days before 

they are .finally .promulgated. These 

regulations were transmitted to 

Congress on November 17,1989.

Explanation and Justification 

The Commission is Tevising 11 CFR

110.4(a)i concerning foreign nationals in 

two respects. First, an explicit 

prohibition on expenditures by foreign 

nationals is being added, which 

parallels the current prohibition on 

contributions by such persons.1 Second, 

new language is being added to clarify 

thatforeign nationals may not 

participate in the election-related 

activities of others, including decisions 

regarding contributions or expenditures 

by political committees, corporations, 

labor organizations or other persons.

Section 414e of the FECA prohibits 

foreign nationals, directly or through 

another person, from making 

contributions in connection with any 

election for political office or in 

connection with any primary election, 

conventiomor caucus held to select 

candidates for any political office. 2 

UJS.C. 441e. While the Act does not 

explicitly referto expenditures by 

foreign nationals, FECA generally 

prohibits-expenditures when ^prohibits 

contributions’by a specific-'category or 

persons, thereby ensuring that the 

persons cannot accomplish indirectly 

what they are prohibited from doing 

directly. See,e.g .,2 U:S.C 441b. To 

foreclose the indirect violation of 

Section 441e and implement the. general 

intent of the statute, the-Commission is 

now revising 11 CFR 110.4(a)(1) to 

explicitly prohibit expenditures by as 

well as contributions from foreign 

nationals. The new language covers 

independent expenditures by foreign 

nationals as well as-other-kinds-o~f 

expenditures.

The revisions also add new? paragraph

(a)(3) to prohibit foreign nationals;from 

participating in election-delated 

decisions hy corporations, labor 

organizations, ¡political committees or 

other .persons, including decisions 

concerning contributions and 

expenditures. Accordingly, former 

Paragraph (a)(3) has been renumbered 

as paragraph (a)(4).

The prohibition on'contributions by 

foreign nationals has its origin in 

legislation that predates the FECA, the 

1966 amendments to the Foreign Agents 

Registration Act (80 Stat. 248). In 1976 

Congress incorporated into the FECA 

the foreign nationals provision, 

previously codified at 18 U .S.C. 613. The 

only change that Congress made was to 

replace the earlier statute’s criminal 

penalties with new criminal and civil 

penalty and enforcement ; provisions.

Nothing in Section 441e’s legislative 

history suggests that Congress intended 

to deviate from The FECA’s general 

pattern of treating contributions and 

expenditures in parallel fashion. See S.

Rep.’No. 94-677, 94th Cong., 2d Sess. 1,

11 (1976).C f HrR.Ttep. No. 96-422, 98th 

Cong., 1st Sess. 11 (1979) (“Since all of 

. these provisions are specific exemptions 

to the definition of contribution, 

exemptions from^the expenditure 

definition are not necessary.”) Further, 

under the 1976 amendments to the FECA 

“coritribution” and “expenditure” are 

interrelated terms.Tor example, an 

expenditure made by a person in 

cooperation, consultation, or concert 

with a candidate or a candidate's 

committee is an in-kind contribution (2 

U .S.C. 441 a(a)(7)(B)). Also, a political ^ 

committee receiving an in-kind 

contribution reports the amount as both 

a contribution and an expenditure 

pursuant to 11 CFR 104.13(a)(2). In 

general, a political committee reports 

the contributions that it makes to 

candidates as expenditures. See .11 CFR 

100.8(a)(1) and 104.3(b).

The Commission faced an analogous 

situation in 1977 when it promulgated 

regulations to implement Section 441c(a) 

of the Act, which prohibits contributions 

by Government contractors. See

Explanation and Justification of 11 CFR 

115.2, found in “Communications from 

the Chairman,” MiR. Doc. No. 95-44, 95th 

Cong., 1st Sess. 121: (January 12,1977).

An explicit prohibition on expenditures 

was included in those regulations.

Prior to this rulemaking, the 

Commission has not directly addressed 

the legality nf-expenditures by foreign 

nationals. For example, severaladvisory 

opinions concerning corporations owned 

by foreign principals have relied upon 

representations by the requesters that 

no foreign national would participate in 

the separate segregated funds’ decisions 

regarding contributions or expenditures. 

Cf. Advisory Opinions 1980-100 and 

1982-10. Thus, although the Commission 

has never directly ruled on the propriety 

of expenditures by foreign nationals or 

other election-related activity 

undertaken by foreign nationals directly 

or through a political committee, the 

Commission has consistently assumed 

that the statutory prohibition governing 

foreign nationals extends to these areas. 

The Commission has now decided to 

revise 11 CFR 110.4(a) to state expressly 

that foreign nationals are prohibited 

from making such expenditures and 

from undertaking these types of 

election-related activities.

List of Subjects in 11 CFR Part 110

Aliens, Political committees and 

parties.

For the reasons set out in the
48582 Federal Register / Y o l. 54, N o. 225 / Friday, Novem ber 24, 1989 / Rules and Regulations

preamble, subchapter A , chapter I, title 

11 of the Code of Federal Regulations is 

amended as follows:

PART 110— CONTRIBUTION AND 

EXPENDITURE LIMITATIONS AND 

PROHIBITIONS

1. The authority citation for part 110 

continues to read as follows:

Authority: 2 U .S.C. 431(8), 431(9), 432(c)(2),

437d(a)(8), 438(a)(8), 441a, 441b, 441d, 441e,

44lf, 441g, 441h and 441i.

2. Section 110.4 is amended by 

revising paragraph (a) to read as 

follows:

§ 110.4 Prohibited contributions (2 U.S.C.

441e, 441f, 441g, 432(c)(2)).

(a) Contributions or expenditures by

foreign nationals. (1) A foreign national 

shall not directly or through any other 

person make a contribution or an 

expenditure, or expressly or impliedly 

promise to make a contribution or an 

expenditure, in connection with a 

convention, a caucus, or a primary, 

general, special, or runoff election in 

connection with any local, State, or 

Federal public office.

(2) No person shall solicit, accept, or 

receive a contribution as set out above 

from a foreign national.

A foreign national shall not direct, 

dictate, control, or directly or indirectly 

participate in the decision-making 

process of any person, such as a 

corporation, labor organization, or 

political committee, with regard to such 

person’s Federal or nonfederal electionrelated activities, such as decisions 

concerning the making of contributions 

or expenditures in connection with 

elections for any local, State, or Federal 

office or decisions concerning the 

administration of a political committee.

(4) For purposes of this section, 

“foreign national” means—

(i) A foreign principal, as defined in 22 

U .S.C. 611(b); or

(ii) An individual who is not a citizen 

of the United States and who is not 

lawfully admitted for permanent 

residence, as defined in 8 U .S.C. 

1101(a)(20);

(iii) Except that “foreign national” 

shall not include any individual who is a 

citizen of the United States.

* * * * *

Dated: November 17,1989.

Danny L. McDonald,

Chairman, Federal Election Com m ission.

[FR Doc. 89-27510 Filed 11-22-89; 8:45 am]

BILLING CO DE 6715-0t-M

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39

[Docket No. 89-ASW-33; Arndt 39-6401]

Airworthiness Directives; Sikorsky 

Aircraft Model S-58 Series Helicopters

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule; request for 

comments.

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) which 

requires inspection and verification as 

to whether or not an engine 

compartment fire extinguishing system 

is installed on certain Sikorsky Aircraft 

Model S-58 series helicopters. If this 

system is found not to be installed, the _ 

AD imposes interim operating limits 

until one is installed. The AD is needed 

to conform these aircraft to their 

approved type design configuration and 

thereby to prevent or reduce the hazards 

of an in-flight fire which could result in 

the loss of the helicopter.

EFFECTIVE DATES: December 26,1989.

Comments must be received on or 

before January 8,1990.

Compliance: As indicated in the body 

of the AD.

a d d r e s s e s : Comments on the 

amendment may be mailed in duplicate 

to: Regional Rules Docket, Office of the 

Assistant Chief Counsel, FA A , 4400 Blue 

Mound Road, Fort Worth* Texas 76193- 

0007, or delivered in duplicate to Room 

158, Building 3B, at the above address.

Comments delivered must be marked: 

Docket No. 89-ANS-33. Comments may 

be inspected at the above location in 

Room 158 of Building 3B, between the 

hours of 8:00 a.m. and 4:30 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT:

Terry Fahr, Boston Aircraft Certification 

Office, ANE-153, Systems and 

Propulsion Branch, Engine and Propeller 

Directorate, 12 New England Executive 

Park, Burlington, M A 01803; telephone 

(617) 273-7103.

SUPPLEMENTARY INFORMATION: The FA A 

has found that several Sikorsky Aircraft 

Model S-58 helicopters, certificated in 

categories other than restricted and 

equipped with a reciprocating engine, do 

not have the required engine 

compartment fire extinguishing system. 

Evidence shows that these helicopters, 

which were convered to a standard 

Model S-58 from a military model, did 

not have an approved fire extinguishing 

system installed as required by the 

Model S-58 series type design data. An

engine fire extinguishing system is 

required by the applicable certification 

basis which is Civil Air Regulation 

(CAR) part 6. Amendment 6-4, § 6.488, 

states in part: “On all rotorcraft having 

engines or more than 1,500 cu. in. 

displacement, fire extinguisher systems 

shall be provided to serve all engine 

compartments and engine induction 

systems.” The lack of a fire 

extinguishing system prevents 

extinguishing an in-flight engine 

compartment fire which could cause the 

loss of the helicopter.

Since this condition is likely to exist 

on other helicoptersof the same type 

design, an AD is being issued which 

requires, within 1 year, the installation 

of an approved engine compartment fire 

extinguisher system on Sikorsky S-58 

series helicopters with reciprocating 

enginés installed. In the interim, new 

operating limitations are imposed until 

an approved system is installed. In 

addition, the AD imposes a limitation 

that allows only passengers who are 

essential to utility type operations. In 

conjunction with the AD operating 

limitations, the 1-year period is allowed 

for installation due to the helicopter 

service history, which includes only one 

reported engine compartment fire in a 

civil version of this helicopter.

The FA A has been advised that 

Model S-58 extinguishing systems and 

parts are not presently available but 

could be available within 1 year. This 

information is provided by California 

Helicopters, which is the sole U.S. 

licensee for S-58 helicopters. In light of 

all of these circumstances, the FAA has 

determined that an operable fire 

detection system, in conjunction with 

new iftterim operating limitations, will 

provide adequate safety until approved 

extinguishing systems can become 

available and are installed. This is 

further based on the fact that Model S58 helicopters with reciprocating engines 

are generally used for utility operations, 

such as forest fire fighting and external 

cargo hauling, and not for passenger 

operations.

Since a situation exists that requires 

the immediate adoption of this 

regulation; it is found that notice and 

public procedure hereon are 

impracticable, and good cause exists for 

making this amendment effective in less 

than 30 days.

Request for Comments

Although this action is a final rule 

which involves requirements affecting 

immediate flight safety and, thus, was 

not preceded by notice and public 

procedure, comments are invited. 

Interested persons are invited to