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Published Document: 2014-29933 (79 FR 77841)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Federal Election Commission.
ACTION:
Correcting amendments.
SUMMARY:
The Commission is making technical corrections to various sections of its regulations.
DATES:
Effective December 29, 2014.
FOR FURTHER INFORMATION CONTACT:
Ms. Amy L. Rothstein, Assistant General Counsel, Ms. Jessica Selinkoff, Attorney, or Mr. Theodore M. Lutz, Attorney, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION:
Background
The existing rules that are the subject of these corrections are part of the continuing series of regulations that the Commission has promulgated to implement the Presidential Election Campaign Fund Act, 26 U.S.C. 9001-13, and the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031-42 (collectively, the “Funding Acts”), and the Federal Election Campaign Act of 1971, as amended, 52 U.S.C. 30101-45 (formerly 2 U.S.C. 431-55) (“FECA”).
( printed page 77842)
The Commission is promulgating these corrections without advance notice or an opportunity for comment because they fall under the “good cause” exemption of the Administrative Procedure Act. 5 U.S.C. 553(b)(B). The Commission finds that notice and comment are unnecessary here because these corrections are merely typographical and technical; they effect no substantive changes to any rule. For the same reason, these corrections fall within the “good cause” exception to the delayed effective date provisions of the Administrative Procedure Act and the Congressional Review Act. 5 U.S.C. 553(d)(3), 808(2).
Moreover, because these corrections are exempt from the notice and comment procedure of the Administrative Procedure Act under 5 U.S.C. 553(b), the Commission is not required to conduct a regulatory flexibility analysis under 5 U.S.C. 603 or 604.
See5 U.S.C. 601(2), 604(a). Nor is the Commission required to submit these revisions for congressional review under FECA or the Funding Acts.
See52 U.S.C. 30111(d)(1), (4) (formerly 2 U.S.C. 438(d)(1), (4)) (providing for congressional review when Commission “prescribe[s]” a “rule of law”); 26 U.S.C. 9009(c)(1), (4) (same); 26 U.S.C. 9039(c)(1), (4) (same). Accordingly, these corrections are effective upon publication in the
Federal Register
.
This document makes three categories of regulatory changes: Correcting typographical errors; updating references to the United States Code to reflect the recent transfer of FECA from Title 2 to Title 52; and correcting technical errors in certain updated citations.
The Commission is correcting two typographical errors in this section. Section 100.137 concerns the cost of invitations, food, and beverages provided by a volunteer “on the individual's residential premises or in a church or community room as specified in 11 CFR 100.106 and 100.107.” However, the provisions concerning residential premises and church or community rooms are at 11 CFR 100.135 and 100.136, not 11 CFR 100.106 and 100.107; there are no regulations at 11 CFR 100.106 or 100.107. Thus, the Commission is replacing the reference to “11 CFR 100.106 and 100.107” with a reference to “11 CFR 100.135 and 100.136.”
The Commission is correcting two typographical errors in this section. First, the Commission is correcting paragraph (a)(2)(v) of this section by replacing “normal of comparable” with “normal or comparable.” Second, the Commission is correcting paragraph (e)(3) of this section by replacing “requirements on” with “requirements of.”
The Commission is correcting a typographical error in paragraph (b)(1)(iii)(B) of this section by replacing “dairy” with “daily.” As corrected, the provision identifies a “daily travel expense policy” as an example of a “pre-established written campaign committee policy.”
B. Updating References to the United States Code
The Office of the Law Revision Counsel of the House of Representatives recently transferred the provisions of FECA from Title 2 of the United States Code to new Title 52.[1]
This transfer changed the numbering of the Code sections but did not change any statutory text.
Accordingly, with certain limited exceptions, the Commission is making corresponding changes to references to Title 2 throughout 11 CFR chapter 1.[2]
For example, the Commission is revising the reference to 2 U.S.C. 431(1) in the definition of “election” at 11 CFR 100.2 to refer, instead, to 52 U.S.C. 30101(1).[3]
C. Corrections to United States Code References
Several citations to Title 2 in Commission regulations contain typographical errors. In the course of revising the citations from Title 2 to Title 52, the Commission is also correcting these errors.
The authority citation for this part erroneously refers to 2 U.S.C. 441(d) rather than 2 U.S.C. 441d. The Commission is correcting this reference and updating it to 52 U.S.C. 30120.
The authority citation for this part contains several unnecessary and duplicative references to the public laws that established the Commission's rulemaking authority at 2 U.S.C. 437d(a)(8) and 2 U.S.C. 438(a)(8). It also erroneously refers to 2 U.S.C. 438(a)(10) rather than 2 U.S.C. 438(a)(8). The Commission is correcting and clarifying the authority citation by replacing the references to the public laws with updated statutory references to 52 U.S.C. 30107(a)(8) and 52 U.S.C. 30111(a)(8).
Additionally, although part 115 concerns contributions and expenditures by federal contractors, the current authority citation does not refer to the FECA provision concerning federal contractors, 52 U.S.C. 30119 (formerly 2 U.S.C. 441c). Thus, the Commission is also amending the authority citation to include a reference to this provision.
Paragraph (b)(1)(v) of this section erroneously refers to 2 U.S.C. 437(d)(a)(3) rather than 2 U.S.C.
( printed page 77843)
437d(a)(3). The Commission is correcting this reference and updating it to 52 U.S.C. 30107(a)(3).
(a) No individual, under the provisions of these regulations, shall be entitled to access to materials compiled in its systems of records identified as FEC audits and investigations (FEC 2) or FEC compliance actions (FEC 3). These exempted systems relate to the Commission's power to exercise exclusive civil jurisdiction over the enforcement of the Act under 52 U.S.C. 30107(a)(6) and (e); and to defend itself in actions filed against it under 52 U.S.C. 30107(a)(6). Further the
( printed page 77844)
Commission has a duty to investigate violations of the Act under 52 U.S.C. 30109(a)(2); to conduct audits and investigations pursuant to 52 U.S.C. 30111(b), 26 U.S.C. 9007 and 9038; and to refer apparent violations of the Act to the Attorney General or other law enforcement authorities under 52 U.S.C. 30109(a)(5) and 30107(a)(9). Information contained in FEC systems 2 and 3 contain the working papers of the Commission staff and form the basis for either civil and/or criminal proceedings pursuant to the exercise of the powers and duties of the Commission. These materials must be protected until such time as they are subject to public access under the provision of 52 U.S.C. 30109(a)(4)(B) or 5 U.S.C. 552, or other relevant statutes.
* * * * *
PART 2—SUNSHINE REGULATIONS; MEETINGS
5. The authority citation for part 2 continues to read as follows:
Prohibition against making complaints and investigations public.
(a) Commission employees are subject to criminal penalties if they discuss or otherwise make public any matters pertaining to a complaint or investigation under 52 U.S.C. 30109, without the written permission of the person complained against or being investigated. Such communications are prohibited by 52 U.S.C. 30109(a)(12)(A).
(b) Section 30109(a)(12)(B) of Title 52 of the United States Code provides as follows: “Any member or employee of the Commission, or any other person, who violates the provisions of [52 U.S.C. 30109(a)(12)(A)] shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of [52 U.S.C. 30109(a)(12)(A)] shall be fined not more than $5,000.”
Place of filing; Senate candidates, their principal campaign committees, and committees supporting only Senate candidates (52 U.S.C. 30102(g), 30104(g)(3)).
* * * * *
( printed page 77847)
97. Revise the section heading of § 105.3 to read as follows:
Filing copies of reports and statements in connection with the campaign of any candidate seeking nomination for election to the Office of President or Vice-President (52 U.S.C. 30113(a)(2)).
* * * * *
108. Revise the section heading of § 108.3 to read as follows:
a. Amend paragraphs (a)(2)(i)(A), (a)(2)(i)(B), (a)(2)(i)(I), (a)(2)(ii)(E), (b)(6), (c)(3)(iv), and (c)(6) to remove “ 2 U.S.C. 431” and add in its place “52 U.S.C. 30101”;
c. Amend paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(C) to remove “title 2 of the United States Code” and add in its place “Title 52 of the United States Code”;
251. Amend paragraphs (a)(2) and (b)(3) of § 9039.3 to remove “ 2 U.S.C. 437g” and add in its place “52 U.S.C. 30109”.
On behalf of the Commission.
Dated: December 17, 2014.
Lee E. Goodman,
Chairman, Federal Election Commission.
Footnotes
1.
The transfers occurred on September 1, 2014, for the online version of the United States Code and will occur with supplement II of the 2012 edition for the printed version of the Code.
See
Office of the Law Revision Counsel, Editorial Reclassification: Title 52, United States Code,
http://uscode.house.gov/editorialreclassification/t52/index.html
(last visited Dec. 1, 2014).
2.
The Commission is not updating citations that it already updated in two prior rulemakings.
See
Aggregate Biennial Contribution Limits, 79 FR 62335 (Oct. 17, 2014) (revising 11 CFR part 110); Independent Expenditures and Electioneering Communications by Corporations and Labor Organizations, 79 FR 62797 (Oct. 21, 2014) (revising 11 CFR parts 104 and 114). The revisions made in the latter rulemaking are anticipated to go into effect in early 2015.
See
79 FR at 62797 (noting effective date). The Commission is also not updating references in 11 CFR 300.12(d) and 11 CFR 300.35(d) to a provision of Title 2 that was repealed prior to FECA's transfer to Title 52.