[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16661-16663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06590]
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FEDERAL ELECTION COMMISSION
11 CFR Parts 4, 100, 102, 104, 110, 111, and 114
[Notice 2014-07]
Federal Election Campaign Act Rules; Corrections
AGENCY: Federal Election Commission.
ACTION: Correcting amendments.
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SUMMARY: The Commission is making technical corrections to various
sections of its regulations.
DATES: Effective March 26, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant
General Counsel, Ms. Joanna S. Waldstreicher, Attorney, or Mr. Eugene
Lynch, Paralegal, 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 Federal Election Campaign Act of 1971, as
amended, 2 U.S.C. 431 et seq. (``FECA''). 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). Accordingly, these corrections are effective
upon publication in the Federal Register. The Commission is not
required to submit these corrections for congressional review. See 2
U.S.C. 438(d)(1), (4).
Corrections to FECA Rules in Chapter I of Title 11 of the Code of
Federal Regulations
A. Correction to 11 CFR 4.8
The Commission is correcting an erroneous citation in paragraph (a)
of this section by replacing the reference to 11 CFR 4.6(d) with 11 CFR
4.7(h). Paragraph (a) refers to notification ``pursuant to Sec.
4.6(d)'' that a request for inspection or a copy of a record has been
denied, but section 4.6 addresses the discretionary release of records
by the Commission, not notification of a denial of access to records.
Moreover, section 4.6 does not contain a paragraph (d). Section 4.7(h)
concerns the notification to a person who has been denied access to
records.
B. Correction to 11 CFR 100.1
This section lists the statutes implemented by subchapter A of
chapter I of the Commission's regulations. The list in this section is
currently incomplete. To encompass all relevant statutes, the
Commission is revising this section to note that subchapter A
implements FECA, as amended, 2 U.S.C. 431 et seq.
C. Correction to 11 CFR 100.18
This section defines the term ``the Act'' as used in the
Commission's regulations to include the Federal Election Campaign Act
of 1971 and each subsequent amendment to it. The list of amendments in
this section is currently incomplete. To encompass all relevant
statutes, the Commission is revising this section to define ``the Act''
as FECA, as amended, 2 U.S.C. 431 et seq.
D. Correction to 11 CFR 100.29
The Commission is correcting a typographical error in paragraph (c)
of this section by italicizing the first instance of the word
``electioneering,'' so that the entire phrase ``electioneering
communication'' is italicized and not just the word ``communication.''
E. Corrections to 11 CFR 100.52
The Commission is correcting typographical errors in two citations
in paragraph (a) of this section by replacing the references to 11 CFR
100.72 and 100.73 with 11 CFR 100.82 and 100.83, respectively. Section
100.52(a) excludes ``a loan made in accordance with 11 CFR 100.72 and
100.73'' from the definition of ``contribution.'' Sections 100.72 and
100.73, however, concern the ``testing the waters'' and media
exceptions to the definition of ``contribution,'' not loans. The
Commission is therefore replacing the references to sections 100.72 and
100.73 in 11 CFR 100.52(a) with references to sections 100.82 and
100.83, which concern bank loans and brokerage loans and lines of
credit.
The Commission is also correcting an erroneous citation in
paragraph (b)(5) of this section by replacing the reference to 11 CFR
110.4(a) with a reference to 11 CFR 110.20. Section 100.52(b)(5) states
that payments of interest on loans to a political committee ``shall be
made from funds subject to the prohibitions of section 110.4(a).''
Section 110.4(a) previously prohibited foreign nationals from making
contributions or expenditures, but that provision was moved to section
110.20 in 2003, and section 110.4(a) was reserved. The Commission is
therefore replacing the reference to 11 CFR 110.4(a) with a reference
to section 110.20, which also conforms this citation to the citation in
a corresponding provision in the same paragraph.
F. Correction to 11 CFR 100.82
The Commission is correcting a typographical error in a citation in
paragraph (f) of this section by replacing the reference to 11 CFR
100.73 with 11 CFR 100.83. Section 100.82(f) states that ``this section
shall not apply to loans
[[Page 16662]]
described in 11 CFR 100.73.'' Section 100.73 concerns the media
exception, however, not loans. The Commission is thus replacing the
citation to section 100.73 with a citation to section 100.83, which
concerns brokerage loans and lines of credit.
G. Correction to 11 CFR 100.134
The Commission is correcting a typographical error in a citation in
paragraph (d)(2)(iv) of this section by replacing the reference to 26
CFR 1.3402(a)-(1) with a reference to 26 CFR 31.3402(a)-(1). Paragraph
(d)(2)(iv) defines ``executive or administrative personnel'' of a
corporation to include individuals who may be paid by the corporation
but who are not employees for tax purposes ``under 26 CFR 1.3402(a)-
(1).'' The reference to section 1.3402(a)-(1) should be to section
31.3401(a)-(1); 26 CFR 31.3402(a)-(1) sets forth requirements and
methods for tax collection, while there is no section 1.3402(a)-(1) in
Title 26.
H. Corrections to 11 CFR 102.9
The Commission is correcting typographical errors in two citations
in paragraph (f) of this section by replacing the references to 11 CFR
110.1(1) and 11 CFR 110.1(1)(5) with references to 11 CFR 110.1(l) and
11 CFR 110.1(l)(5), respectively. Paragraph (f) concerns a treasurer's
obligation to maintain documentation regarding the designation,
redesignation, and reattribution of contributions under section 110.1.
As currently written, the citations to section 110.1 refer to paragraph
one of that section, but there is no paragraph one in section 110.1;
rather, it is paragraph (l) (lowercase letter L) of section 110.1 that
pertains to maintaining documentation. Thus, each reference to
paragraph one of section 110.1 is being replaced with a reference to
paragraph (l).
I. Corrections to 11 CFR 104.5
The Commission is correcting two citations in paragraph (c)(3)(ii)
of this section by replacing the references to 11 CFR 104.5(a)(1)(ii)
and 11 CFR 104.5(a)(1)(iii) with 11 CFR 104.5(a)(2)(i) and 11 CFR
104.5(a)(2)(ii), respectively. Section 104.5(c)(3)(ii) provides that
pre-election reports ``shall be filed as prescribed at 11 CFR
104.5(a)(1)(ii),'' and post-general election reports ``shall be filed
as prescribed in 11 CFR 104.5(a)(1)(iii).'' The cited provisions,
however, do not concern pre-election or post-general election reports.
Instead, they concern the filing of quarterly reports. Section 104.5(a)
was reorganized in 2003; as revised, the filing of pre-election reports
is addressed in 11 CFR 104.5(a)(2)(i), and post-general election
reports are addressed in 11 CFR 104.5(a)(2)(ii). See Bipartisan
Campaign Reform Act of 2002 Reporting; Coordinated and Independent
Expenditures, 68 FR 404, 408 (Jan. 3, 2003). The Commission is thus
making conforming amendments to 11 CFR 104.5(c)(3)(ii) by replacing the
reference to 11 CFR 104.5(a)(1)(ii) with 11 CFR 104.5(a)(2)(i), and by
replacing the reference to 11 CFR 104.5(a)(1)(iii) with 11 CFR
104.5(a)(2)(ii).
J. Corrections to 11 CFR 104.6
The Commission is correcting two citations in paragraph (b) of this
section by replacing the references to 11 CFR 104.5(a)(1)(iii) and 11
CFR 104.5(a)(1)(i) with 11 CFR 104.5(a)(1) and 11 CFR 104.5(a)(2)(i),
respectively. Section 104.6(b) provides that certain reports ``shall be
filed quarterly in accordance with 11 CFR 104.5(a)(1)(iii) and, with
respect to any general election, in accordance with 11 CFR
104.5(a)(1)(i).'' When section 104.6(b) was promulgated, section
104.5(a)(1)(iii) concerned the filing of quarterly reports, and section
104.5(a)(1)(i) concerned the filing of pre-election reports. See
Amendments to Federal Election Campaign Act of 1971, 45 FR 15080, 15086
(Mar. 7, 1980); 11 CFR 104.5(a) (1980). As noted above, however,
section 104.5(a) was reorganized in 2003; as reorganized, quarterly
reporting requirements appear in section 104.5(a)(1), and pre-election
reporting requirements appear in section 104.5(a)(2)(i). The Commission
is thus making conforming amendments to 11 CFR 104.6(b) by replacing
the reference to 11 CFR 104.5(a)(1)(iii) with 11 CFR 104.5(a)(1), and
by replacing the reference to 11 CFR 104.5(a)(1)(i) with 11 CFR
104.5(a)(2)(i).
K. Corrections to 11 CFR 104.9
The Commission is correcting two citations in paragraph (f) of this
section by replacing the references to 11 CFR 100.7(b)(22) and 11 CFR
100.8(b)(24) with references to 11 CFR 100.83 and 11 CFR 100.143,
respectively. Paragraph (f) requires a candidate's principal campaign
committee to report its repayment of any bank loan obtained by the
candidate or ``loan of money derived from an advance on a candidate's
brokerage account, credit card, home equity line of credit, or other
lines of credit described in 11 CFR 100.7(b)(22) and 100.8(b)(24).''
The cited paragraphs do not, however, describe loans of money derived
from advances on candidate brokerage accounts, credit cards, home
equity lines of credit, or other lines of credit; instead, they are
reserved. In 2002, the Commission moved the relevant provisions from
section 100.7(b)(22) to section 100.83 and reserved section
100.7(b)(22), and moved the relevant provisions from section
100.8(b)(24) to section 100.143 and reserved section 100.8(b)(24). See
Reorganization of Regulations on ``Contribution'' and ``Expenditure,''
67 FR 50582, 50584-85 (Aug. 5, 2002). The references to 11 CFR
100.7(b)(22) and 11 CFR 100.8(b)(24) in section 104.9(f) were not
updated to reflect these changes. The Commission is thus making
conforming amendments to section 104.9(f) by replacing the reference to
11 CFR 100.7(b)(22) with 11 CFR 100.83, and by replacing the reference
to 11 CFR 100.8(b)(24) with 11 CFR 100.143.
L. Correction to 11 CFR 104.14
The Commission is correcting a citation in paragraph (a)(1) of this
section by replacing the reference to 11 CFR 109.2 with a reference to
11 CFR 109.10. Paragraph (a)(1) refers to ``reports or statements of
independent expenditures filed by facsimile machine or electronic mail
under 11 CFR 104.4(b) or 11 CFR 109.2.'' Section 109.2 does not,
however, refer to the filing of reports; instead, it is reserved. In
2003, the Commission moved the reporting requirements for persons other
than political committees who make independent expenditures from
section 109.2 to section 109.10. See Bipartisan Campaign Reform Act of
2002 Reporting; Coordinated and Independent Expenditures, 68 FR 404,
415 (Jan, 3, 2003). The reference to 11 CFR 109.2 in section 104.14 was
not updated to reflect the change. The Commission is thus making a
conforming amendment to section 104.14 by replacing the reference to 11
CFR 109.2 with a reference to 11 CFR 109.10.
M. Correction to 11 CFR 110.1
The Commission is correcting a typographical error in a citation in
paragraph (a) of this section by replacing the reference to 11 CFR
100.1 with 11 CFR 100.10. Paragraph (a) provides that this section
applies to all contributions made by any ``person as defined in 11 CFR
100.1.'' Section 100.1 does not define ``person'' for purposes of
Commission regulations, however; section 100.10 does.
N. Correction to 11 CFR 111.51
The Commission is correcting the erroneous designation of paragraph
(c) of this section by redesignating it as paragraph (b).
[[Page 16663]]
O. Correction to 11 CFR 114.12
The Commission is correcting a typographical error in paragraph
(c)(1) of this section by replacing ``corporation of labor
organization'' in the first sentence with ``corporation or labor
organization.''
List of Subjects
11 CFR Part 4
Freedom of information.
11 CFR Part 100
Elections.
11 CFR Part 102
Political committees and parties, Reporting and recordkeeping
requirements.
11 CFR Part 104
Campaign funds, Political committees and parties, Reporting and
recordkeeping requirements.
11 CFR Part 110
Campaign funds, Political committees and parties.
11 CFR Part 111
Administrative practice and procedure, Elections, Law enforcement,
Penalties.
11 CFR Part 114
Business and industry, Elections, Labor.
For the reasons set out in the preamble, the Federal Election
Commission amends 11 CFR chapter I as follows:
PART 4--PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT
0
1. The authority citation for part 4 continues to read as follows:
Authority: 5 U.S.C. 552, as amended.
Sec. 4.8 [Amended]
0
2. In paragraph (a) of Sec. 4.8, remove ``Sec. 4.6(d)'' and add in
its place ``Sec. 4.7(h)''.
PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)
0
3. The authority citation for part 100 continues to read as follows:
Authority: 2 U.S.C. 431, 434, 438(a)(8), and 439a(c).
0
4. Revise Sec. 100.1 to read as follows:
Sec. 100.1 Scope.
This subchapter is issued by the Federal Election Commission to
implement the Federal Election Campaign Act of 1971, as amended, 2
U.S.C. 431 et seq.
0
5. Revise Sec. 100.18 to read as follows:
Sec. 100.18 Act (2 U.S.C. 431(19))
Act means the Federal Election Campaign Act of 1971, as amended, 2
U.S.C. 431 et seq.
Sec. 100.29 [Amended]
0
6. In paragraph (c) introductory text of Sec. 100.29, correct the
first instance of the word ``electioneering'' by italicizing it to read
``electioneering''.
Sec. 100.52 [Amended]
0
7. In Sec. 100.52:
0
a. In paragraph (a), remove ``11 CFR 100.72 and 100.73'' and add in its
place ``11 CFR 100.82 and 100.83''; and
0
b. In paragraph (b)(5), remove ``11 CFR 110.4(a)'' and add in its place
``11 CFR 110.20''.
Sec. 100.82 [Amended]
0
8. In paragraph (f) of Sec. 100.82, remove ``11 CFR 100.73'' and add
in its place ``11 CFR 100.83''.
Sec. 100.134 [Amended]
0
9. In paragraph (d)(2)(iv) of Sec. 100.134, remove ``26 CFR 1.3402(a)-
(1)'' and add in its place ``26 CFR 31.3402(a)-(1)''.
PART 102--REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY
POLITICAL COMMITTEES (2 U.S.C. 433)
0
10. The authority citation for part 102 continues to read as follows:
Authority: 2 U.S.C. 432, 433, 434(a)(11), 438(a)(8), and 441(d).
Sec. 102.9 [Amended]
0
11. In Sec. 102.9, in paragraph (f), remove ``11 CFR 110.1(1)'' and
add in its place ``11 CFR 110.1(l)'', and remove ``11 CFR 110.1(1)(5)''
and add in its place ``11 CFR 110.1(l)(5)''.
PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2
U.S.C. 434)
0
12. The authority citation for part 104 continues to read as follows:
Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434,
438(a)(8) and (b), 439a, 441a, and 36 U.S.C. 510.
Sec. 104.5 [Amended]
0
13. In Sec. 104.5, in paragraph (c)(3)(ii), remove ``11 CFR
104.5(a)(1)(ii)'' and add in its place ``11 CFR 104.5(a)(2)(i)'', and
remove ``11 CFR 104.5(a)(1)(iii)'' and add in its place ``11 CFR
104.5(a)(2)(ii)''.
Sec. 104.6 [Amended]
0
14. In Sec. 104.6, in paragraph (b), remove ``11 CFR
104.5(a)(1)(iii)'' and add in its place ``11 CFR 104.5(a)(1)'', and
remove ``11 CFR 104.5(a)(1)(i)'' and add in its place ``11 CFR
104.5(a)(2)(i)''.
Sec. 104.9 [Amended]
0
15. In paragraph (f) of Sec. 104.9, remove ``11 CFR 100.7(b)(22) and
100.8(b)(24)'' and add in its place ``11 CFR 100.83 and 100.143''.
Sec. 104.14 [Amended]
0
16. In paragraph (a)(1) of Sec. 104.14, remove ``11 CFR 109.2'' and
add in its place ``11 CFR 109.10''.
PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS
0
17. The authority citation for part 110 continues to read as follows:
Authority: 2 U.S.C. 431(8), 431(9), 432(c)(2), 434(i)(3),
438(a)(8), 441a, 441b, 441d, 441e, 441f, 441g, 441h, and 36 U.S.C.
510.
Sec. 110.1 [Amended]
0
18. In paragraph (a) of Sec. 110.1, remove ``11 CFR 100.1'' and add in
its place ``11 CFR 100.10''.
PART 111--COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a))
0
19. The authority citation for part 111 continues to read as follows:
Authority: 2 U.S.C. 432(i), 437g, 437d(a), 438(a)(8); 28 U.S.C.
2461 nt; 31 U.S.C. 3701, 3711, 3716-3719, and 3720A, as amended; 31
CFR parts 285 and 900-904.
Sec. 111.51 [Amended]
0
20. In Sec. 111.51, redesignate paragraph (c) as paragraph (b).
PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY
0
21. The authority citation for part 114 continues to read as follows:
Authority: 2 U.S.C. 431(8), 431(9), 432, 434, 437d(a)(8),
438(a)(8), and 441b.
Sec. 114.12 [Amended]
0
22. In the first sentence of paragraph (c)(1) of Sec. 114.12, remove
``corporation of labor organization'' and add in its place
``corporation or labor organization''.
On behalf of the Commission.
Dated: March 20, 2014.
Lee E. Goodman,
Chairman, Federal Election Commission.
[FR Doc. 2014-06590 Filed 3-25-14; 8:45 am]
BILLING CODE 6715-01-P