Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations 11317

increased to $2,200, or $5,500 for a

knowing and willful violation. These

increased CMP’s shall apply only to

violations that occur after March 12,

1997.

These CMP provisions do not

currently appear in the Commission’s

rules. However, section 4(1) of the

Interest Adjustment Act directs the

Commission to ‘‘by regulation adjust

each civil monetary penalty’’ by the

specified percentage (emphasis added).

The Commission is accordingly

adopting new 11 CFR 111.24, ‘‘Civil

Penalties,’’ for this purpose. This

section lists each penalty established at

2 U.S.C. 437g(a)(5), (6) and (12),

adjusted upwards by 10% as required

by the Interest Adjustment Act.

The Commission has no discretion in

taking this action, but is doing so

pursuant to a statutory mandate. These

are thus technical amendments that are

exempt from the notice and comment

requirements of the Administrative

Procedure Act at 5 U.S.C. 553(b)(B) and

the legislative review requirements of 2

U.S.C. 438(d). These exemptions allow

the rule to become effective

immediately upon publication in the

Federal Register. Accordingly, these

amendments are effective on March 12,

1997.

Certification of No Effect Pursuant to 5

U.S.C. 605(b) Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act are not applicable to this

final rule because the agency was not

required to publish a notice of proposed

rulemaking under 5 U.S.C. 553 or any

other laws. Therefore, no regulatory

flexibility analysis is required.

List of Subjects in 11 CFR Part 111

Administrative practice and

procedure, Elections, Law enforcement.

For the reasons set out in the

preamble, Subchapter A, Chapter I of

Title 11 of the Code of Federal

Regulations is amended to read as

follows:

PART 111—COMPLIANCE

PROCEDURE (2 U.S.C. 437g, 437d(a))

1. The authority citation for Part 111

is revised to read as follows:

Authority: 2 U.S.C. 437g, 437d(a),

438(a)(8); 28 U.S.C. 2461 nt.

2. Part 111 is amended by adding new

section 111.24, to read as follows:

§ 111.24 Civil Penalties (2 U.S.C. 437g(a)

(5), (6), (12), 28 U.S.C. 2461 nt.).

(a) Except as provided in paragraph

(b) of this section, a civil penalty

negotiated by the Commission or

imposed by a court for a violation of the

Act or chapter 95 or 96 of title 26 shall

not exceed the greater of $5,500 or an

amount equal to any contribution or

expenditure involved in the violation.

In the case of a knowing and willful

violation, the civil penalty shall not

exceed the greater of $11,000 or an

amount equal to 200% of any

contribution or expenditure involved in

the violation.

(b) Any Commission member or

employee, or any other person, who in

violation of 2 U.S.C. 437g(a)912)(A)

makes public any notification or

investigation under 2 U.S.C. 437g

without receiving the written consent of

the person receiving such notification,

or the person with respect to whom

such investigation is made, shall be

fined not more than $2,200. Any such

member employee, or other person who

knowingly and willfully violates this

provision shall be fined not more than

$5,500.

Dated: March 6, 1997.

John Warren McGarry,

Chairman, Federal Election Commission.

[FR Doc. 97–6098 Filed 3–11–97; 8:45 am]

BILLING CODE 6715–01–M

SMALL BUSINESS ADMINISTRATION

13 CFR Part 121

Small Business Size Regulations;

Affiliation With Investment Companies

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMARY: The Small Business

Administration (SBA) is amending part

121 section103(b)(5) of its size

regulations to make clear that, for

purposes of the Small Business

Investment Act of 1958 (SBIAct), certain

venture capital firms and pension plans

that make investments in small firms are

not considered affiliated with those

firms in which they invest. As a result,

for any assistance under the SBIAct, an

applicant concern is not affiliated with

these investors. This final rule is in

accordance with section 208 of the

Small Business Programs Improvement

Act of 1996.

EFFECTIVE DATE: March 12, 1997.

FOR FURTHER INFORMATION CONTACT: Gary

M. Jackson, Assistant Administrator for

Size Standards, 409 3rd Street, SW,

Washington, DC 20416, (202) 205–6618.

SUPPLEMENTARY INFORMATION: Division D

of the Omnibus Consolidated

Appropriations Act for Fiscal Year 1997

(Public Law 104–208) is the Small

Business Programs Improvement Act of

1996 (SBPIAct), which amended the

Small Business Investment Act of 1958

(SBIAct). Title II, Section 208 of the

SBPIAct amends the definition of

‘‘small business concern’’ to clarify that,

for purposes of the SBIAct, a business

which receives an investment from

certain types of venture capital firms

and pension plans shall not be

considered affiliates of one another.

Specifically, section 208 of the

amendment provides that such

investments shall not cause a business

concern to be deemed not

independently owned and operated; and

further, the investments shall be

disregarded in determining whether or

not a business is a small concern under

the SBA’s size standards. The types of

venture capital and pension plans

covered by this amendment are listed in

§ 121.103(b)(5), and include venture

capital firms, investment companies,

small business investment companies,

employee welfare benefit plans or

pension plans, and trusts, foundations,

or endowments exempt from Federal

income taxation.

The SBA had recently revised its

Small Business Size Regulation (Federal

Register, Wednesday, January 31, 1996,

Vol. 61. No. 21 FR 3280) to extend its

exclusion from affiliation for SBICs that

invests in small businesses to include

venture capital firms, pension funds,

and certain charitable entities exempt

from Federal taxation, as long as the

investors do not control the concern.

For purposes of that provision, control

was defined in § 107.865 of this part.

This rule eliminates the condition that

affiliation between certain investors and

small business would be found present

if control by an investor existed over the

small business. However, SBICs

continue to be restricted in the exercise

of control over a small business they

invest in as stated in § 107.865 of this

part.

Also, under that regulation and prior

to this legislation, the exclusion from

affiliation had been limited to

applicants for assistance under the

Small Business Investment Company

(SBIC) Program, and only, as stated

above, where the investor(s) did not

control the concern. In addition to the

SBIC Program, the SBIAct has

established a number of other SBA

financial and management assistance

programs, namely: the Surety Bond

Guarantee Program, the Certified State

and Local Development Company

Program the Lease Guarantees and the

Pollution Control Guarantee Program.

While the SBIAct may authorize all of

these programs, assistance under the

Lease Guarantee and the Pollution

Control Guarantee Programs has not

been available for several years. Nor
11318 Federal Register / Vol. 62, No. 48 / Wednesday, March 12, 1997 / Rules and Regulations

does SBA intend for this regulation to

be understood as re-establishing the

availability of assistance under those

programs. Hence, since this legislation

now extends the exclusion form

affiliation to small concerns that apply

for any type of assistance under the

SBIAct, the exclusion from affiliation

applies solely to applicants for available

financial, management, or technical

assistance under the SBIC, the Surety

Bond Guarantee, and the Certified State

and Local Development Company

Programs.

SBA is issuing this as a final rule and

not as a proposed rule, because Sba is

merely incorporating this

Congressionally mandated

interpretation and clarification of the

definition of small business into its

existing regulations. SBA is not

modifying or othewise changing its

regulations in any way other than to the

extent that the statute directs the

Agency to do so.

Compliance With Executive Orders

12612, 12778, and 12866, the

Regulatory Flexibility Act (5 U.S.C. 601,

et seq.), and the Paperwork Reduction

Act (44 U.S.C. Ch. 5).

Under the Regulatory Flexibility Act

(RFA), SBA is not required to analyze

the impact of this revision of its size

regulations on small businesses because:

the RFA applies to Federal rules that

require public comment; and this is a

final rule, incorporating into SBA’s

Small Business Size Regulations a

Congressionally mandated

interpretation and clarification of the

definition of small business, and

therefore requires no comment. In Fiscal

Year 1995 SBICs invested in 2,221

enterprises. SBA believes that clarifying

this definition actually increases the

number of small businesses that may

apply for assistance under the SBIAct. It

also provides more programs under

which these small businesses may seek

assistance. Under this amendment,

venture capital companies can invest in

small businesses confident that they are

not jeopardizing a small business’

eligibility for additional funding and

assistance as well.

For purposes of the Paperwork

Reduction Act, 44 U.S.C. Ch. 35, SBA

certifies that this final rule contains no

new reporting or recordkeeping

requirements. For purposes of Executive

Order 12612, SBA certifies that this rule

does not have federalism implications

warranting the preparation of a

Federalism Assessment. For purposes of

Executive Order 12778, SBA certifies

that this rule is drafted, to the extent

practicable, in accordance with the

standards set forth in Section 2 of that

Order.

List of Subjects in 13 CFR Part 121

Government procurement,

Government property, Grant programs—

business, Individuals with disabilities,

Loan programs—business, Small

businesses.

PART 121—[AMENDED]

1. The authority citation for 13 CFR

Part 121 is revised to read as follows:

Authority: 15 U.S.C. 632(a), 634(b)(6),

637(a), 644(c) and 662(5);

2. Section 121.103(b)(5) introductory

text is revised to read as follows:

* * * * *

(5) For financial, management or

technical assistance under the Small

Business Investment Company Act of

1958, as amended, (and applicant is not

affiliated with the investors listed in

paragraphs (b)(5)(I) through (vi) of this

section.

* * * * *

Dated: February 24, 1997.

Aida Alvarez,

Administrator.

[FR Doc. 97–5739 Filed 3–11–97; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–SW–24–AD; Amendment

39–9959; AD 97–06–02]

RIN 2120–AA64

Airworthiness Directives; Bell

Helicopter Textron, Inc. Model 214B,

214B–1 and 214ST Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to Bell Helicopter Textron,

Inc. (BHTI) Model 214B, 214B–1, and

214ST helicopters, that currently

establishes a retirement life of 40,000

high-power events for the lower

planetary spider (spider). This

amendment changes the method of

calculating the retirement life for the

spider from high-power events to a

maximum accumulated Retirement

Index Number (RIN) of 80,000, and

makes this RIN applicable to an

additional part-numbered spider. This

amendment is prompted by fatigue

analyses and tests that show certain

spiders fail sooner than originally

anticipated because of the unanticipated

higher number of external load lifts and

takeoffs (torque events) performed with

those spiders, in addition to the time-inservice (TIS) accrued under other

operating conditions. The actions

specified by this AD are intended to

prevent fatigue failure of the spider,

which could result in failure of the main

transmission and subsequent loss of

control of the helicopter.

EFFECTIVE DATE: April 16, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Bell Helicopter Textron, Inc., P.O.

Box 482, Ft. Worth, Texas 76101.

FOR FURTHER INFORMATION CONTACT: Mr.

Uday Garadi, Aerospace Engineer, FAA,

Rotorcraft Certification Office,

Rotorcraft Directorate, Fort Worth,

Texas 76193–0170, telephone (817)

222–5157, fax (817) 222–5959.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 93–05–02,

Amendment 39–8608 (58 FR 45833,

August 31, 1993), which is applicable to

BHTI Model 214B, 214B–1, and 214ST

helicopters, was published in the

Federal Register on November 14, 1996

(61 FR 58353). That action proposed

changing the method of calculating the

retirement life for the spider from highpower events to a maximum

accumulated RIN of 80,000, and

proposed making this RIN applicable to

an additional part-numbered spider.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public. The FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed, with some

editorial changes. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor expand the scope of

the AD.

The FAA estimates that 11 helicopters

of U.S. registry will be affected by this

AD, that it will take approximately (1)

48 work hours to replace a spider

affected by the new method of

determining the retirement life required

by this AD; (2) 2 work hours per

helicopter to create the component

history card or equivalent record

(record), and (3) 10 work hours per

helicopter to maintain the record each

year, and that the average labor rate is

$60 per work hour. Required parts will

cost approximately $10,920 per

helicopter. Based on these figures, the