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words ‘‘funds withdrawn by the Minor 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. 

Revised 11 CFR 110.19(c)—Gift 

Proceeds 

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). 

Certification of No Effect Pursuant to 5 

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

Act) 

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 

Campaign funds, Political committees 

and parties.

■ 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:

PART 110—CONTRIBUTION AND 

EXPENDITURE LIMITATIONS AND 

PROHIBITIONS

■ 1. Revise the authority citation for part 

110 to read as follows:

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.

■ 2. Amend § 110.1 by revising 

paragraph (a) to read as follows:

§ 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.

* * * * *

■ 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)). 

(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.

* * * * *

■ 4. Revise § 110.19 to read as follows:

§ 110.19 Contributions by minors. 

An individual who is 17 years old or 

younger (a Minor) may make 

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.

Dated: January 28, 2005. 

Scott E. Thomas, 

Chairman, Federal Election Commission.

[FR Doc. 05–2003 Filed 2–2–05; 8:45 am] 

BILLING CODE 6715–01–P

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 

Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Rules and Regulations 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, 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.

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[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

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason action; trip limit 

reduction.

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.

SUPPLEMENTARY INFORMATION: 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 

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.