This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

70703 

Vol. 70, No. 225 

Wednesday, November 23, 2005 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 490 

Alternative Fuel Transportation 

Program; Emergency Exemption 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of availability of 

‘‘Documentation Guidelines for 

Emergency Repair and Restoration 

Vehicle Exclusions.’’ 

SUMMARY: This notice announces the 

availability of a Department of Energy 

(DOE) document that provides 

guidelines to fleets covered under 10 

CFR part 490 for submission of 

documentation for exclusion of vehicles 

directly used in the emergency repair or 

restoration of electricity service 

following power outages. 

ADDRESSES: U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Office of 

FreedomCAR and Vehicle Technologies, 

EE–2G, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

The entire document with complete 

instructions for interested parties, 

‘‘Documentation Guidelines for 

Emergency Repair and Restoration 

Vehicle Exclusions,’’ may be found at 

the Web site address http:// 

www.eere.energy.gov/vehiclesandfuels/ 

epact/state/state_resources.shtml. 

FOR FURTHER INFORMATION CONTACT: 

Linda Bluestein on (202) 586–6116 or 

linda.bluestein@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: Section 

707 of the Energy Policy Act of 2005 

(Pub. L. 109–58) amended the list of 

excluded vehicles in section 301(9) of 

the Energy Policy Act of 1992 (Pub. L. 

102–486, 42 U.S.C. 13211(9)) to add a 

new category of vehicles. Excluded 

vehicles are not counted when 

determining if an entity is covered and 

also are not counted when determining 

a covered entity’s annual alternative 

fueled vehicle acquisition requirements. 

The vehicles excluded by this 

amendment are ‘‘* * * vehicles directly 

used in the emergency repair of 

transmission lines and in the restoration 

of electricity service following power 

outages * * *.’’ 

Written requests for exclusion will be 

evaluated by DOE and considered on a 

case-by-case basis. Under this process, 

the requesting entity must justify that its 

vehicles are used directly in repair/ 

restoration activities. DOE’s review is 

expected to take no more than 45 days 

from the time sufficient information is 

provided to make a decision. Based 

upon DOE’s decision, the requesting 

party will know how many vehicles it 

can then exclude (subtract) from its 

covered light-duty vehicle count, which 

is used to calculate its annual 

requirements. 

Issued in Washington, DC, on November 

17, 2005. 

Douglas L. Faulkner, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 05–23175 Filed 11–22–05; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 106 

RIN 3245–AF37 

Cosponsorships, Fee and Non-Fee 

Based SBA-Sponsored Activities, and 

Gifts 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Final rule. 

SUMMARY: The Small Business 

Reauthorization and Manufacturing 

Assistance Act of 2004 requires the U.S. 

Small Business Administration (SBA or 

Agency) to promulgate regulations to 

carry out the Agency’s statutory 

authority to provide assistance for the 

benefit of small business through 

activities sponsored with outside 

entities (for-profit and not-for-profit 

entities and Federal, state and local 

government officials or entities) as well 

as activities solely sponsored by SBA. 

This final rule implements that 

authority and sets forth minimum 

requirements for these activities as well 

as the Agency’s solicitation and 

acceptance of gifts. 

DATES: This rule is effective on 

November 23, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Robert Gangwere, Deputy General 

Counsel, (202) 205–6642. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On July 11, 2005, SBA published a 

proposed rule in the Federal Register, 

70 FR 39667, to solicit comments on its 

proposal to promulgate regulations 

required by the Small Business 

Reauthorization and Manufacturing 

Assistance Act of 2004 (reauthorization 

Act), signed into law on December 8, 

2004. Pub. L. 108–447, Division K, 118 

Stat. 2809–644 (2004). The statute 

reauthorized SBA’s cosponsorship 

authority, provided SBA with authority 

to conduct and charge fees for certain 

SBA-sponsored activities (Fee Based 

SBA-Sponsored Activities), and 

expanded SBA’s authority to use certain 

gift funds for marketing and outreach 

activities. The statute also made 

significant changes to the approval 

process for outreach activities and gift 

acceptance. With this new authority 

added to its continuing authority under 

section 8(b)(1)(a) of the Small Business 

Act, the Agency has three major 

vehicles by which it may provide 

information, training, and/or conduct 

marketing and outreach for the benefit 

of or to small businesses: Cosponsored 

Activities, Fee Based SBA-Sponsored 

Activities, and Non-Fee Based SBASponsored Activities. 

To facilitate these activities and to 

implement the recent statutory changes, 

SBA proposed adding part 106 to title 

13 of the Code of Federal Regulations. 

The proposed regulations defined each 

of these vehicles and set forth the 

minimum requirements applicable to 

each. In addition, the proposed 

regulations set forth minimum 

requirements and the conflict of interest 

authority for solicitation and acceptance 

of gifts under certain Agency gift 

authorities. 

B. Discussion of Comments 

These rules were published as 

proposed rules on July 11, 2005 in the 

Federal Register, (70 FR 39667–39672). 

Comments were solicited in that 

70704 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

publication and could be submitted by 

mail, electronic means, or hand 

delivery/courier. 

No comments were received by email, facsimile, TDD, mail or courier. 

However, in reviewing the proposed 

regulations, the Agency noted a 

redundancy in Paragraphs (d)(1) and 

(d)(2) of Sections 106.302 and 106.402. 

In the final regulations, Paragraph (d)(1) 

of each of the proposed sections, which 

stated, ‘‘SBA will not unnecessarily 

promote a Donor, or the Donor’s 

products or services’’ will be deleted. 

Paragraphs (d)(2) and (d)(3) of each 

proposed Section will be renumbered 

(d)(1) and (d)(2) respectively in the final 

regulations. Therefore, we are 

publishing the final rule with these 

minor technical changes. 

C. Compliance With Executive Orders 

13132, 12988 and 12866, the Regulatory 

Flexibility Act (5 U.S.C. 601–612), and 

the Paperwork Reduction Act (44 

U.S.C. Ch. 35) 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, for the 

purposes of Executive Order 13132, 

SBA determines that this final rule has 

no federalism implications warranting 

preparation of a federalism assessment. 

The Office of Management and Budget 

(OMB) has determined that this rule 

does not constitute a significant 

regulatory action under Executive Order 

12866. 

This action meets applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

SBA has determined that this final 

rule does not impose additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act, 44 

U.S.C., Chapter 35. 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, small nonprofit enterprises, and small local 

governments. Pursuant to the RFA, 

when an agency issues a rulemaking, 

the agency must prepare a regulatory 

flexibility analysis which describes the 

impact of the rule on small entities. 

However, section 605 of the RFA allows 

an agency to certify a rule, in lieu of 

preparing an analysis, if the rulemaking 

is not expected to have a significant 

economic impact on a substantial 

number of small entities. In this case, 

the final regulations address the 

administrative requirements for Agency 

management of SBA outreach programs. 

In other words, this final rule will not 

result in the direct regulation of small 

entities, so no further analysis is 

required by the RFA. Therefore, SBA 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of RFA. 

List of Subjects in 13 CFR Part 106 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Conflict of 

interests, Small businesses, 

Intergovernmental relations. 

■ For the reasons stated in the preamble, 

SBA adds 13 CFR part 106, as follows: 

PART 106—COSPONSORSHIPS, FEE 

AND NON-FEE BASED SBASPONSORED ACTIVITIES AND GIFTS 

Subpart A—Scope and Definitions 

Sec. 

106.100 Scope. 

106.101 Definitions. 

Subpart B—Cosponsored Activities 

106.200 Cosponsored Activity. 

106.201 Who may be a Cosponsor? 

106.202 What are the minimum 

requirements applicable to Cosponsored 

Activities? 

106.203 What provisions must be set forth 

in a Cosponsorship Agreement? 

106.204 Who has the authority to approve 

and sign a Cosponsorship Agreement? 

Subpart C—Fee Based SBA-Sponsored 

Activities 

106.300 Fee Based SBA-Sponsored 

Activity. 

106.301 What are the minimum 

requirements applicable to Fee Based 

SBA-Sponsored Activities? 

106.302 What provisions must be set forth 

in a Fee Based Record? 

106.303 Who has the authority to approve 

and sign a Fee Based Record? 

Subpart D—Non-Fee Based SBA-Sponsored 

Activities 

106.400 Non-Fee Based SBA-Sponsored 

Activity. 

106.401 What are the minimum 

requirements applicable to a Non-Fee 

Based SBA-Sponsored Activity? 

106.402 What provisions must be set forth 

in a Non-Fee Based Record? 

106.403 Who has the authority to approve 

and sign a Non-Fee Based Record? 

Subpart E—Gifts 

106.500 What is SBA’s Gift authority? 

106.501 What minimum requirements are 

applicable to SBA’s solicitation and/or 

acceptance of Gifts? 

106.502 Who has authority to perform a Gift 

conflict of interest determination? 

106.503 Are there types of Gifts which SBA 

may not solicit and/or accept? 

Authority: 15 U.S.C. 633 (g) and (h); 15 

U.S.C. 637(b)(1)(A); 15 U.S.C. 637(b)(G). 

Subpart A—Scope and Definitions 

§ 106.100 Scope. 

The regulations in this part apply to 

SBA-provided assistance for the benefit 

of small business through Fee Based 

SBA-Sponsored Activities or through 

Cosponsored Activities with Eligible 

Entities authorized under section 4(h) of 

the Small Business Act, and to SBA 

assistance provided directly to small 

business concerns through Non-Fee 

Based SBA-Sponsored Activities 

authorized under section 8(b)(1)(A) of 

the Small Business Act. The regulations 

in this part also apply to SBA’s 

solicitation and acceptance of Gifts 

under certain sections (sections 4(g), 

8(b)(1)(G), 5(b)(9) and 7(k)(2)) of the 

Small Business Act (15 U.S.C. 631 et 

seq.), including Gifts of cash, property, 

services and subsistence. Under section 

4(g) of the Small Business Act, Gifts 

may be solicited and accepted for 

marketing and outreach purposes 

including the cost of promotional items 

and wearing apparel. 

§ 106.101 Definitions. 

The following definitions apply to 

this part. Defined terms are capitalized 

wherever they appear. 

(a) Cosponsor means an entity or 

individual designated in § 106.201 that 

has signed a written Cosponsorship 

Agreement with SBA and who actively 

and substantially participates in 

planning and conducting an agreed 

upon Cosponsored Activity. 

(b) Cosponsored Activity means an 

activity, event, project or initiative, 

designed to provide assistance for the 

benefit of small business as authorized 

by section 4(h) of the Small Business 

Act, which has been set forth in an 

approved written Cosponsorship 

Agreement. The Cosponsored Activity 

must be planned and conducted by SBA 

and one or more Cosponsors. Assistance 

for purposes of Cosponsored Activity 

does not include grant or any other form 

of financial assistance. A Participant Fee 

may be charged by SBA or another 

Cosponsor at any Cosponsored Activity. 

(c) Cosponsorship Agreement means 

an approved written document (as 

outlined in §§ 106.203 and 106.204 

which has been duly executed by SBA 

and one or more Cosponsors. The 

Cosponsorship Agreement shall contain 

the parties’ respective rights, duties and 

responsibilities regarding 

implementation of the Cosponsored 

Activity. 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70705 

(d) Donor means an individual or 

entity that provides a Gift, bequest or 

devise (in cash or in-kind) to SBA. 

(e) An Eligible Entity is a potential 

Cosponsor. An Eligible Entity must be a 

for-profit or not-for-profit entity, or a 

Federal, State or local government 

official or entity. 

(f) Fee Based SBA-Sponsored Activity 

Record (Fee Based Record) means a 

written document, as outlined in 

§ 106.302, describing a Fee Based SBASponsored Activity and approved in 

writing pursuant to § 106.303. 

(g) Fee Based SBA-Sponsored Activity 

means an activity, event, project or 

initiative designed to provide assistance 

for the benefit of small business, as 

authorized by section 4(h) of the Small 

Business Act, at which SBA may charge 

a Participant Fee. Assistance for 

purposes of Fee Based SBA-Sponsored 

Activity does not include grant or any 

other form of financial assistance. A Fee 

Based SBA-Sponsored Activity must be 

planned, conducted, controlled and 

sponsored solely by SBA. 

(h) Gift (including a bequest or a 

device) is the voluntary transfer to SBA 

of something of value without the Donor 

receiving legal consideration. 

(i) Non-Fee Based SBA-Sponsored 

Activity Record (Non-Fee Based Record) 

means a written document describing a 

Non-Fee Based SBA-Sponsored Activity 

which has been approved pursuant to 

§ 106.403. 

(j) Non-Fee Based SBA-Sponsored 

Activity means an activity, event, 

project or initiative designed to provide 

assistance directly to small business 

concerns as authorized by section 

8(b)(1)(A) of the Small Business Act. 

Assistance for purposes of a Non-Fee 

Based SBA-Sponsored Activity does not 

include grant or any other form of 

financial assistance. A Non-Fee Based 

SBA-Sponsored Activity must be 

planned, conducted, controlled and 

sponsored solely by SBA. No fees 

including Participant Fees may be 

charged for a Non-Fee Based SBASponsored Activity. 

(k) Participant Fee means a minimal 

fee assessed against a person or entity 

that participates in a Cosponsored 

Activity or Fee Based SBA-Sponsored 

Activity and is used to cover the direct 

costs of such activity. 

(l) Responsible Program Official is an 

SBA senior management official from 

the originating office who is accountable 

for the solicitation and/or acceptance of 

a Gift to the SBA; a Cosponsored 

Activity; a Fee Based SBA-Sponsored 

Activity; or a Non-Fee Based SBASponsored Activity. If the originating 

office is a district or branch office, the 

Responsible Program Official is the 

district director or their deputy. In 

headquarters, the Responsible Program 

Official is the management board 

member or their deputy with 

responsibility for the relevant program 

area. 

Subpart B—Cosponsored Activities 

§ 106.200 Cosponsored Activity. 

The Administrator (or designee), after 

consultation with the General Counsel 

(or designee), may provide assistance for 

the benefit of small business through 

Cosponsored Activities pursuant to 

section 4(h) of the Small Business Act. 

§ 106.201 Who may be a Cosponsor? 

(a) Except as specified in paragraph 

(b) of this section, SBA may enter into 

a Cosponsorship Agreement with an 

Eligible Entity as defined in 

§ 106.101(e). 

(b) SBA may not enter into a 

Cosponsorship Agreement with an 

Eligible Entity if the Administrator (or 

designee), after consultation with the 

General Counsel (or designee), 

determines that such agreement would 

create a conflict of interest. 

§ 106.202 What are the minimum 

requirements applicable to Cosponsored 

Activities? 

While SBA may subject a 

Cosponsored Activity to additional 

requirements through internal policy, 

procedure and the Cosponsorship 

Agreement, the following requirements 

apply to all Cosponsored Activities: 

(a) Cosponsored Activities must be set 

forth in a written Cosponsorship 

Agreement signed by the Administrator 

(or designee) and each Cosponsor; 

(b) Appropriate recognition must be 

given to SBA and each Cosponsor but 

shall not constitute or imply an 

endorsement by SBA of any Cosponsor 

or any Cosponsor’s products or services; 

(c) Any printed or electronically 

generated material used to publicize or 

conduct the Cosponsored Activity, 

including any material which has been 

developed, prepared or acquired by a 

Cosponsor, must be approved in 

advance by the Responsible Program 

Official and must include a prominent 

disclaimer stating that the Cosponsored 

Activity does not constitute or imply an 

endorsement by SBA of any Cosponsor 

or the Cosponsor’s products or services; 

(d) No Cosponsor shall make a profit 

on any Cosponsored Activity. SBA 

grantees who earn program income on 

Cosponsored Activities must use that 

program income for the Cosponsored 

Activity; 

(e) Participant Fee(s) charged for a 

Cosponsored Activity may not exceed 

the minimal amount needed to cover the 

anticipated direct costs of the 

Cosponsored Activity and must be 

liquidated prior to other sources of 

funding for the Cosponsored Activity. If 

SBA charges a Participant Fee, the 

collection of the Participant Fees is 

subject to internal SBA policies and 

procedures as well as applicable U.S. 

Treasury rules and guidelines; 

(f) SBA may not provide a Cosponsor 

with lists of names and addresses of 

small business concerns compiled by 

SBA which are otherwise protected by 

law or policy from disclosure; and 

(g) Written approval must be obtained 

as outlined in § 106.204. 

§ 106.203 What provisions must be set 

forth in a Cosponsorship Agreement? 

While SBA may require additional 

provisions in the Cosponsorship 

Agreement through internal policy and 

procedure, the following provisions 

must be in all Cosponsorship 

Agreements: 

(a) A written statement agreed to by 

each Cosponsor that they will abide by 

all of the provisions of the 

Cosponsorship Agreement, the 

requirements of this subpart as well the 

applicable definitions in § 106.100; 

(b) A narrative description of the 

Cosponsored Activity; 

(c) A listing of SBA’s and each 

Cosponsor’s rights, duties and 

responsibilities with regard to the 

Cosponsored Activity; 

(d) A proposed budget demonstrating: 

(1) The type and source of financial 

contribution(s) (including but not 

limited to cash, in-kind, Gifts, and 

Participant Fees) that the SBA and each 

Cosponsor will make to the 

Cosponsored Activity; and 

(2) A reasonable estimation of all 

anticipated expenses; 

(e) A written statement that each 

Cosponsor agrees that they will not 

make a profit on the Cosponsored 

Activity; and 

(f) A written statement that 

Participant Fees, if charged, will not 

exceed the minimal amount needed to 

cover the anticipated direct costs of the 

Cosponsored Activity as outlined in the 

budget and will be liquidated prior to 

other sources of funding for the 

Cosponsored Activity. 

§ 106.204 Who has the authority to 

approve and sign a Cosponsorship 

Agreement? 

The Administrator, or upon his/her 

written delegation, the Deputy 

Administrator, an associate or assistant 

administrator, after consultation with 

the General Counsel (or designee), has 

the authority to approve each 

Cosponsored Activity and sign each 

70706 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 

Cosponsorship Agreement. This 

authority cannot be re-delegated. 

Subpart C—Fee Based SBASponsored Activities 

§ 106.300 Fee Based SBA-Sponsored 

Activity. 

The Administrator (or designee), after 

consultation with the General Counsel 

(or designee), may provide assistance for 

the benefit of small business through 

Fee-Based SBA-Sponsored Activities 

pursuant to section 4(h) of the Small 

Business Act. 

§ 106.301 What are the minimum 

requirements applicable to Fee Based SBASponsored Activities? 

While SBA may subject a Fee Based 

SBA-Sponsored Activity to additional 

requirements through internal policy 

and procedure, the following 

requirements apply to all Fee Based 

SBA-Sponsored Activities: 

(a) A Fee Based Record must be 

prepared by the Responsible Program 

Official in advance of the activity; 

(b) Any Participant Fees charged will 

not exceed the minimal amount needed 

to cover the anticipated direct costs of 

the activity; 

(c) Gifts of cash accepted and the 

collection of Participant Fees for Fee 

Based SBA-Sponsored Activities are 

subject to the applicable requirements 

in this part, internal SBA policies and 

procedures as well as applicable U.S. 

Treasury rules and guidelines; and 

(d) Written approval must be obtained 

as outlined in § 106.303. 

§ 106.302 What provisions must be set 

forth in a Fee Based Record? 

A Fee Based Record must contain the 

following: 

(a) A narrative description of the Fee 

Based SBA-Sponsored Activity; 

(b) A certification by the Responsible 

Program Official that he or she will 

abide by the requirements contained in 

this part, as well as all other applicable 

statutes, regulations, policies and 

procedures for Fee Based SBASponsored Activities; 

(c) A proposed budget demonstrating: 

(1) All sources of funding, including 

annual appropriations, Participant Fees 

and Gifts, to be used in support of the 

Fee Based SBA-Sponsored Activity; 

(2) A reasonable estimation of all 

anticipated expenses, which indicates 

that no profit is anticipated from the Fee 

Based SBA-Sponsored Activity; and 

(3) A provision stating that Participant 

Fees, if charged, will not exceed the 

minimal amount needed to cover the 

anticipated direct costs of the Fee Based 

SBA-Sponsored Activity as outlined in 

the budget; 

(d) With regard to any donations 

made in support of the Fee Based SBASponsored Activity, the Fee Based 

Record will reflect the following: 

(1) Each Donor may receive 

appropriate recognition for its Gift; and 

(2) Any printed or electronically 

generated material recognizing a Donor 

will include a prominent disclaimer 

stating that the acceptance of the Gift 

does not constitute or imply an 

endorsement by SBA of the Donor or the 

Donor’s products or services. 

§ 106.303 Who has authority to approve 

and sign a Fee Based Record? 

The Administrator, or upon his/her 

written delegation, the Deputy 

Administrator, an associate or assistant 

administrator, after consultation with 

the General Counsel (or designee), has 

the authority to approve and sign each 

Fee Based Record. This authority may 

not be re-delegated. 

Subpart D—Non-Fee Based SBASponsored Activities 

§ 106.400 Non-Fee Based SBA-Sponsored 

Activity. 

The Administrator (or designee) may 

provide assistance directly to small 

business concerns through Non-Fee 

Based SBA-Sponsored Activities under 

section 8(b)(1)(A) of the Small Business 

Act. 

§ 106.401 What are the minimum 

requirements applicable to a Non-Fee 

Based SBA-Sponsored Activities? 

While SBA may subject Non-Fee 

Based SBA-Sponsored Activities to 

additional requirements through 

internal policy and procedure, the 

following requirements apply to all 

Non-Fee Based SBA-Sponsored 

Activity: 

(a) A Non-Fee Based Record must be 

prepared and approved by the 

Responsible Program Official in advance 

of the activity; 

(b) Gifts of cash accepted for Non-Fee 

Based SBA-Sponsored Activities are 

subject to § 106.500, internal SBA 

policies and procedures as well as 

applicable U.S. Treasury rules and 

guidelines; and 

(c) Written approval must be obtained 

as outlined in § 106.403. 

§ 106.402 What provisions must be set 

forth in a Non-Fee Based Record? 

A Non-Fee Based Record must 

contain the following: 

(a) A narrative description of the NonFee Based SBA-Sponsored Activity; 

(b) A certification by the Responsible 

Program Official that he or she will 

abide by the requirements contained in 

this part, as well as all other applicable 

statutes, regulations, policies and 

procedures for Non-Fee Based SBASponsored Activities; 

(c) If applicable, a list of Donors 

supporting the activity; and 

(d) With regard to any donations 

made in support of a Non-Fee Based 

SBA-Sponsored Activity, the Non-Fee 

Based Record will reflect the following: 

(1) Each Donor may receive 

appropriate recognition for its Gift; and 

(2) Any printed or electronically 

generated material recognizing a Donor 

will include a prominent disclaimer 

stating that the acceptance of the Gift 

does not constitute or imply an 

endorsement by SBA of the Donor, or 

the Donor’s products or services. 

§ 106.403 Who has authority to approve 

and sign a Non-Fee Based Record? 

The appropriate Responsible Program 

Official, after consultation with the 

designated legal counsel, has authority 

to approve and sign each Non-Fee Based 

Record. 

Subpart E—Gifts 

§ 106.500 What is SBA’s Gift authority? 

This section covers SBA’s Gift 

acceptance authority under sections 

4(g), 8(b)(1)(G), 5(b)(9) and 7(k)(2) of the 

Small Business Act. 

§ 106.501 What minimum requirements are 

applicable to SBA’s solicitation and/or 

acceptance of Gifts? 

While SBA may subject the 

solicitation and/or acceptance of Gifts to 

additional requirements through 

internal policy and procedure, the 

following requirements must apply to 

all Gift solicitations and/or acceptances 

under the authority of the Small 

Business Act sections cited in § 106.500: 

(a) SBA is required to use the Gift 

(whether cash or in-kind) in a manner 

consistent with the original purpose of 

the Gift; 

(b) There must be written 

documentation of each Gift solicitation 

and/or acceptance signed by an 

authorized SBA official; 

(c) Any Gift solicited and/or accepted 

must undergo a determination, prior to 

solicitation of the Gift or prior to 

acceptance of the Gift if unsolicited, of 

whether a conflict of interest exists 

between the Donor and SBA; and 

(d) All cash Gifts donated to SBA 

under the authority cited in § 106.500 

must be deposited in an SBA trust 

account at the U.S. Department of the 

Treasury. 

§ 106.502 Who has authority to perform a 

Gift conflict of interest determination? 

(a) For Gifts solicited and/or accepted 

under sections 4(g), 8(b)(1)(G), and 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Rules and Regulations 70707 

7(k)(2) of the Small Business Act, the 

General Counsel, or designee, must 

make the final conflict of interest 

determination. No Gift shall be solicited 

and/or accepted under these sections of 

the Small Business Act if such 

solicitation and/or acceptance would, in 

the determination of the General 

Counsel (or designee), create a conflict 

of interest. 

(b) For Gifts of services and facilities 

solicited and/or accepted under section 

5(b)(9), the conflict of interest 

determination may be made by 

designated disaster legal counsel. 

§ 106.503 Are there types of Gifts which 

SBA may not solicit and/or accept? 

Yes. SBA shall not solicit and/or 

accept Gifts of or for (or use cash Gifts 

to purchase or engage in) the following: 

(a) Alcohol products; 

(b) Tobacco products; 

(c) Pornographic or sexually explicit 

objects or services; 

(d) Gambling (including raffles and 

lotteries); 

(e) Parties primarily for the benefit of 

Government employees; and 

(f) Any other product or service 

prohibited by law or policy. 

Dated: November 16, 2005. 

Hector V. Barreto, 

Administrator. 

[FR Doc. 05–23126 Filed 11–22–05; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20011; Directorate 

Identifier 2003–NM–22–AD; Amendment 39–

14382; AD 2005–24–02] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 Airplanes 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain EMBRAER 

Model EMB–135 airplanes and Model 

EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

airplanes. That AD currently requires 

revising the airplane flight manual 

(AFM) to prohibit in-flight auxiliary 

power unit (APU) starts, and installing 

a placard on or near the APU start/stop 

switch panel to provide such 

instructions to the flightcrew. This new 

AD adds an optional revision to the 

AFM that allows limited APU starts and 

adds a terminating action. This AD 

results from the airplane manufacturer 

developing modifications that revise or 

eliminate the need for restrictions to inflight APU starts. We are issuing this AD 

to prevent flame backflow into the APU 

compartment through the eductor 

during in-flight APU starts, which could 

result in fire in the APU compartment. 

DATES: This AD becomes effective 

December 28, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 28, 2005. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, room PL–401, 

Washington, DC. 

Contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), P.O. Box 

343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (AD) docket on the Internet at 

http://dms.dot.gov or in person at the 

Docket Management Facility office 

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

through Friday, except Federal holidays. 

The Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that 

supersedes AD 2001–10–01, amendment 

39–12226 (66 FR 24049, May 11, 2001), 

for certain EMBRAER Model EMB–135 

and EMB–145 series airplanes. That 

NPRM was published in the Federal 

Register on January 12, 2005 (70 FR 

2057). That NPRM proposed to continue 

to require revising the airplane flight 

manual (AFM) to prohibit in-flight 

auxiliary power unit (APU) starts, and 

installing a placard on or near the APU 

start/stop switch panel to provide such 

instructions to the flightcrew. That 

NPRM also proposed an optional 

revision to the AFM that allows limited 

APU starts and a terminating action. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been received on the NPRM. 

Request To Revise Applicability to 

Refer to Model T–62T–40C14 as APS 

500R 

One commenter requests that the 

applicability be revised to refer to 

Model T–62T–40C14 as APS 500R. The 

commenter states that the commercial 

model designation for APU model T–

62T–40C14 is APS 500R. The ‘‘S’’ in 

APS 500R is not a typographical error, 

as stated in the NPRM, and is the correct 

nomenclature. 

We agree with the commenter and 

have revised the applicability of the 

final rule. This revision does not change 

the number of airplanes affected by the 

final rule. 

Request To Revise Description of Part 

Number (P/N) 120–45060–001 

One commenter requests that the 

description of P/N 120–45060–001 in 

the second paragraph of the ‘‘Relevant 

Service Information’’ section of the 

NPRM be revised. The commenter states 

that ‘‘flush-type APU air inlet’’ should 

be revised to ‘‘flush-type air inlet 

frame.’’

We agree with the commenter that the 

part is a flush-type air inlet frame and 

we have revised paragraph (g) of the 

final rule to specify installing a ‘‘flushtype APU air inlet frame.’’ We have not 

revised the ‘‘Relevant Service 

Information’’ section, as that section is 

not restated in the final rule. 

Request To Refer to Latest Revision of 

EMBRAER Service Bulletin 145–49–

0018 

Two commenters request that the 

NPRM refer to the latest revision of 

EMBRAER Service Bulletin 145–49–

0018. One commenter states that 

EMBRAER Service Bulletin 145–49–

0018, Change 03, dated January 3, 2002 

(referenced as the appropriate source of 

service information for accomplishing 

the actions specified in paragraph (h) of 

the NPRM) should be replaced with 

Change 04, dated November 26, 2002. 

The other commenter states that