Notice: Request for Public Comment, 48202-48204 [E8-19067]

Download as PDF 48202 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices and to assess grantees’ prior experience at the end of the budget period. The Department will also aggregate the data across grantees to provide descriptive information on the programs and to analyze its outcomes in response to the Government Performance and Results Act. Requests for copies of the information collection submission for OMB review may be accessed from http:// edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 3699. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202–4537. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202–401–0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339. [FR Doc. E8–19075 Filed 8–15–08; 8:45 am] BILLING CODE 4000–01–M ELECTION ASSISTANCE COMMISSION Federal Advisory Committee Act; Technical Guidelines Development Committee Charter Renewal Election Assistance Commission. ACTION: Notice of charter renewal. AGENCY: SUMMARY: In accordance with the Federal Advisory Committee Act (Pub. L. 92–463), the purpose of this notice is to announce that the Election Assistance Commission (EAC) has renewed the charter for the Technical Guidelines Development Committee (TGDC) for a two-year period through August 9, 2010. The TGDC is a federal advisory committee under the Federal Advisory Committee Act. DATES: Renewed through August 9, 2010. Election Assistance Commission, 1225 New York Avenue, NW., Suite 1100, Washington, DC 20005. sroberts on PROD1PC70 with NOTICES ADDRESSES: FOR FURTHER INFORMATION CONTACT: Donetta Davidson, Designated Federal Officer, Technical Guidelines VerDate Aug<31>2005 16:50 Aug 15, 2008 Jkt 214001 Development Committee, at (202) 566– 3100. E-mail: havainfo@eac.gov. SUPPLEMENTARY INFORMATION: The TGDC is a Federal advisory committee created by statute whose mission is to assist the EAC Executive Director in the development of voluntary voting system guidelines. In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, this notice advises interested persons of the renewal of the TGDC. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. E8–19065 Filed 8–15–08; 8:45 am] BILLING CODE 6820–KF–P ELECTION ASSISTANCE COMMISSION Notice: Request for Public Comment United States Election Assistance Commission. ACTION: Notice: Request for Public Comment. AGENCY: SUMMARY: The EAC seeks public comment on a proposed policy entitled ‘‘Proposed Notice and Public Comment Policy.’’ This policy is to provide effective notice for a period of public comment on all policies being considered for adoption by the United States Election Assistance Commission (EAC) that are not required for public comment under law. DATES: Comments must be received by 5 p.m. ET on September 17, 2008. ADDRESSES: Comments may be submitted: Online at http:// www.eac.gov/News/public-comment, via e-mail at havainfo@eac.gov, via mail addressed to the U.S. Election Assistance Commission, 1225 New York Ave, NW., Suite 1100, Washington, DC 20005, or by fax at 202/566–3127. Commenters are encouraged to submit comments electronically and include ‘‘Notice and Public Comment’’ in the subject line, to ensure timely receipt and consideration. SUPPLEMENTARY INFORMATION: The following is the complete text of the proposed notice and public comment policy the EAC is seeking public comment on. Proposed Notice and Public Comment Policy I. Purpose The purpose of this policy is to provide effective notice for a period of public comment on all policies being considered for adoption by the United States Election Assistance Commission (EAC), which are not subject to notice PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 and comment under any federal statute. From time to time, EAC issues advisories, manuals, procedures, regulations and rules, which impact outside parties. Some of these policies and rules must be adopted after a period of public comment pursuant to the Administrative Procedures Act (APA) or other statutes, such as the Help America Vote Act (HAVA) or the National Voter Registration Act (NVRA). Other policies do not require such public participation; however, EAC is committed to make all of its policymaking activities open and transparent. EAC believes that public involvement in the policy process is the best way to develop sound policy and encourage public understanding of and participation in agency activities. As such, EAC desires to require notice and comment for all of its advisories, manuals, procedures, regulations and rules that may impact outside parties. To that end, this policy requires EAC to provide the public an opportunity to comment on any proposed policy or rule of general applicability (those impacting outside parties), even when such public comment is not otherwise required by law. This policy further outlines the roles, responsibilities and procedures for this process to assure that the public has effective notice and the ability to submit timely and meaningful comment on proposed EAC policies and rules. II. Definitions A. ‘‘Outside Party’’ means any other government entity, corporation, nonprofit association, or individual other than EAC. Outside Party shall not include Federal government executive branch or independent agencies. B. ‘‘Policy of general applicability’’ is a policy that applies to all relevant stakeholders. It is not a particular matter involving a single party that addresses a specific case or controversy, such as the resolution of one state’s audit, or interpretations issued under the EAC’s Testing and Certification and Laboratory Accreditation Programs. Matters of general applicability include the following: • Program manuals adopted by EAC that impact outside parties, such as the testing and certification program manual, the laboratory accreditation manual, and grant manuals regarding any of the EAC distributed or managed grant programs. • Guidance (other than that developed by EAC regarding sections 301–303 of HAVA), advisories, and advisory opinions related to the implementation or administration of E:\FR\FM\18AUN1.SGM 18AUN1 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices sroberts on PROD1PC70 with NOTICES HAVA or the National Voter Registration Act (NVRA). • Other regulations or policies concerning EAC administrative actions that impact outside parties. III. Roles and Responsibilities A. Responsible Program Director. The Responsible Program Director is the EAC staff person who is generally responsible for the subject area addressed in a proposed policy or rule. The Responsible Program Director shall be responsible for preparing notices and assuring that proposed policies and rules for public comment are posted in a timely manner. In addition, the Responsible Program Director shall be responsible for collecting, analyzing and recommending a disposition on all comments received during the comment period. The Responsible Program Director shall produce the written summary of all comments received, as described above, within 14 days of the close of the comment period. The Responsible Program Director will regularly update the commissioners, executive director, chief operating officer, general counsel and all other appropriate EAC staff on the volume and types of comments that are received during the public comment period. When a policy or rule is proposed by a Commissioner, the Special Assistant assigned to that Commissioner shall assume all responsibilities of the Responsible Program Director and will regularly coordinate and share information with the executive director, general counsel, chief operating officer and the program director generally responsible for the subject area addressed in the proposed policy. B. Executive Director. The Executive Director shall assign a Responsible Program Director when such action is required. The Executive Director may approve a public comment period of between 15 and 29 days, under limited circumstances and when good cause is demonstrated. The Executive Director may approve a waiver for publishing notice in the Federal Register under limited circumstances and when good cause is demonstrated. The Executive Director may grant an additional reasonable period of time beyond the required 14-day period for the Responsible Program Director to produce a written summary report of all comments received. C. General Counsel. The Office of the General Counsel shall provide counsel upon request to the Responsible Program Director, the Executive Director, or any Commissioner regarding the proposed policy or rule, posting of the document for effective notice and VerDate Aug<31>2005 16:50 Aug 15, 2008 Jkt 214001 comment, review and disposition of any comment received, and/or any interpretation of this policy. IV. Applicability Under this policy, any advisory, manual, procedure, regulation and rule of general applicability, which impacts outside parties (i.e. is not strictly limited to the internal operations of EAC), must be posted for notice and public comment. This policy applies even when neither the APA nor HAVA or NVRA require that a proposed policy or rule is subject to notice and public comment prior to adoption. For example, the APA requires that final rules of general applicability are published to provide notice to the public, but does not require that the agency take or receive comments on that rule. In this example, EAC’s manual on its testing and certification program would not be required to be posted for notice and public comment by the APA. However, under this policy, a manual, which would have an impact on outside parties, must be posted for notice and public comment. This policy does not apply to circumstances wherein statutes such as APA or HAVA require notice and public comment prior to adoption of the guidance, regulation, rule, or policy statement. For example, the APA requires that regulations promulgated pursuant to the NVRA are posted for notice and public comment. Likewise, HAVA requires that guidance developed regarding Sections 301–303 of HAVA, as well as the Voluntary Voting System Guidelines, are subject to notice and public comment. V. Effective and Sufficient Notice A. Comment Period. At a minimum, EAC will provide a period of public comment of no less than 30 days on all policies or rules of general applicability. The Responsible Program Director at his/her discretion may extend the period for public comment. The comment period on any policy or rule of general applicability may not exceed 180 days unless so extended by vote of the Commission when good cause is demonstrated for extending the comment period. Considerations for extension shall include, but are not limited to the content of the proposed policy or rule, the complexity of the proposed policy or rule, and intervening circumstances during the comment period. EAC recognizes that there may be good cause for the comment period to be less than 30 days so that the Commission can respond to a time sensitive matter in a timely manner. The PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 48203 Responsible Program Director must request such an exception in writing to the Executive Director, justifying the reason for requesting that the comment period be less than 30 days. The Executive Director may grant such an exception when good cause is demonstrated for reducing the public comment period and must do so in writing. Under no circumstance shall the period of public comment be less than 15 days. EAC acknowledges that such exemptions will be rare occurrences. B. Notice to the Public. In order to ensure that members of the public are apprised of EAC’s publication of a proposed policy and solicitation for comments on the proposed policy, EAC will use the following methods of publication and notice to the public: • Publishing a notice in the Federal Register notifying the public of the proposed policy or rule and soliciting comments by a date certain; and • Publishing the proposed rule or policy on the EAC Web site and soliciting comments by a date certain; and • Sending notice to EAC stakeholders, members of Congress and interested members of the media through a weekly e-mail newsletter. If the Responsible Program Director determines that publishing notice in the Federal Register will result in a comment period of less than 30 days, then he/she must request in writing to the Executive Director a waiver of publication of the notice in the Federal Register, demonstrating good cause for such a waiver. The Executive Director may grant such an exception when good cause is demonstrated and must do so in writing. The Responsible Program Director shall prepare notice of the proposed policy or rule and the solicitation for comments, which shall include a summary of the proposed action, and cause it to be published in the means identified above. Included in this responsibility is the duty to analyze and assign a reasonable period for accepting comments within the parameters established by this policy. C. Equal Ability to Comment. Under this policy, no draft or proposed policy or rule shall be released to any outside party prior to the time that it is posted for public comment. If it is determined that a proposed policy was released to a outside party prior to the beginning of the public comment period, the comment period shall be extended by 30 days in order to allow all members of the public to have equal ability to provide comment. E:\FR\FM\18AUN1.SGM 18AUN1 48204 Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Notices VI. Collecting and Receiving Public Comments DEPARTMENT OF ENERGY For all proposed policies and rules, EAC shall accept comments by e-mail, fax, or in hard copy. However, EAC shall encourage members of the public to provide comments through an on-line portal on the EAC Web site or through an EAC established centralized comment submission program. Comments, regardless of the means of transmission, must be made available to the public as soon as practicable after they are received. VII. Consideration of Comments The Responsible Program Director must timely read and consider each and every comment submitted during the comment period. In addition, the Responsible Program Director shall recommend a disposition for all comments. In the final consideration of the advisory, manual, procedure, regulation or rule, the Responsible Program Director shall provide a written summary of all comments received, indicating which of those comments should be accepted, rejected, or tabled for future consideration. The Responsible Program Director shall produce the written summary of all comments received, as described above, within 14 days of the close of the comment period. The Responsible Program Director may request an extended period of a reasonable length of time to complete the summary report. The request shall be submitted in writing to the Executive Director. The Executive Director may grant such an extension when good cause is demonstrated and must do so in writing. sroberts on PROD1PC70 with NOTICES VIII. Adoption of a Rule or Policy of General Applicability No rule or policy of general applicability shall be adopted by vote of the EAC unless: • The proposed rule or policy has been posted for public comment in accordance with this policy; and • All comments submitted in response to the proposed policy have been reviewed and considered; and • A vote of three or more Commissioners approves the proposed policy and any changes that are recommended by the Responsible Program Director after review and consideration of the comments. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. E8–19067 Filed 8–15–08; 8:45 am] BILLING CODE 6820–KF–P VerDate Aug<31>2005 16:50 Aug 15, 2008 Jkt 214001 Environmental Management SiteSpecific Advisory Board, Nevada Department of Energy. Notice of open meeting. AGENCY: ACTION: SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Nevada Test Site. The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Wednesday, September 10, 2008, 5 p.m. ADDRESSES: Atomic Testing Museum, 755 East Flamingo Road, Las Vegas, Nevada 89119. FOR FURTHER INFORMATION CONTACT: Rosemary Rehfeldt, Board Administrator, 232 Energy Way, M/S 505, North Las Vegas, Nevada 89030. Phone: (702) 657–9088; Fax (702) 295– 5300 or E-mail: ntscab@nv.doe.gov. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda 1. DOE Presentation: Nevada Test Site Underground Test Area Sub-Project Update 2. DOE Presentation: Nevada Test Site Transuranic Waste Sub-Project Update 3. Sub-Committee Reports A. Environmental Management Public Information Review Effort Committee B. Outreach Committee C. Transportation/Waste Committee D. Underground Test Area Committee 4. Approval of Sub-Committees’ Fiscal Year 2009 Work Plans 5. Chair, Vice-Chair, and Committee Chair Elections for Fiscal Year 2009 Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral presentations pertaining to agenda items should contact Rosemary Rehfeldt at the telephone number listed above. The request must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 public comment will be provided a maximum of five minutes to present their comments. Minutes: Minutes will be available by writing to Rosemary Rehfeldt at the address listed above or at the following Web site: http://www.ntscab.com/ MeetingMinutes.htm. Issued at Washington, DC on August 12, 2008. Rachel Samuel, Deputy Committee Management Officer. [FR Doc. E8–19057 Filed 8–15–08; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Oak Ridge Reservation Department of Energy. Notice of open meeting. AGENCY: ACTION: SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Wednesday, September 10, 2008, 6 p.m. ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, Tennessee. FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM– 90, Oak Ridge, TN 37831. Phone (865) 576–4025; Fax (865) 576–2347 or e-mail: halseypj@oro.doe.gov or check the web site at http://www.oakridge.doe.gov/em/ ssab. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. Tentative Agenda: The main meeting topic will be ‘‘The Federal Historic Preservation Program.’’ Public Participation: The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Pat Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the E:\FR\FM\18AUN1.SGM 18AUN1

Agencies

[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Notices]
[Pages 48202-48204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19067]


-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Notice: Request for Public Comment

AGENCY: United States Election Assistance Commission.

ACTION: Notice: Request for Public Comment.

-----------------------------------------------------------------------

SUMMARY: The EAC seeks public comment on a proposed policy entitled 
``Proposed Notice and Public Comment Policy.'' This policy is to 
provide effective notice for a period of public comment on all policies 
being considered for adoption by the United States Election Assistance 
Commission (EAC) that are not required for public comment under law.

DATES: Comments must be received by 5 p.m. ET on September 17, 2008.

ADDRESSES: Comments may be submitted: Online at http://www.eac.gov/
News/public-comment, via e-mail at havainfo@eac.gov, via mail addressed 
to the U.S. Election Assistance Commission, 1225 New York Ave, NW., 
Suite 1100, Washington, DC 20005, or by fax at 202/566-3127. Commenters 
are encouraged to submit comments electronically and include ``Notice 
and Public Comment'' in the subject line, to ensure timely receipt and 
consideration.

SUPPLEMENTARY INFORMATION: The following is the complete text of the 
proposed notice and public comment policy the EAC is seeking public 
comment on.

Proposed Notice and Public Comment Policy

 I. Purpose

    The purpose of this policy is to provide effective notice for a 
period of public comment on all policies being considered for adoption 
by the United States Election Assistance Commission (EAC), which are 
not subject to notice and comment under any federal statute. From time 
to time, EAC issues advisories, manuals, procedures, regulations and 
rules, which impact outside parties. Some of these policies and rules 
must be adopted after a period of public comment pursuant to the 
Administrative Procedures Act (APA) or other statutes, such as the Help 
America Vote Act (HAVA) or the National Voter Registration Act (NVRA). 
Other policies do not require such public participation; however, EAC 
is committed to make all of its policymaking activities open and 
transparent.
    EAC believes that public involvement in the policy process is the 
best way to develop sound policy and encourage public understanding of 
and participation in agency activities. As such, EAC desires to require 
notice and comment for all of its advisories, manuals, procedures, 
regulations and rules that may impact outside parties. To that end, 
this policy requires EAC to provide the public an opportunity to 
comment on any proposed policy or rule of general applicability (those 
impacting outside parties), even when such public comment is not 
otherwise required by law.
    This policy further outlines the roles, responsibilities and 
procedures for this process to assure that the public has effective 
notice and the ability to submit timely and meaningful comment on 
proposed EAC policies and rules.

II. Definitions

    A. ``Outside Party'' means any other government entity, 
corporation, non-profit association, or individual other than EAC. 
Outside Party shall not include Federal government executive branch or 
independent agencies.
    B. ``Policy of general applicability'' is a policy that applies to 
all relevant stakeholders. It is not a particular matter involving a 
single party that addresses a specific case or controversy, such as the 
resolution of one state's audit, or interpretations issued under the 
EAC's Testing and Certification and Laboratory Accreditation Programs. 
Matters of general applicability include the following:
     Program manuals adopted by EAC that impact outside 
parties, such as the testing and certification program manual, the 
laboratory accreditation manual, and grant manuals regarding any of the 
EAC distributed or managed grant programs.
     Guidance (other than that developed by EAC regarding 
sections 301-303 of HAVA), advisories, and advisory opinions related to 
the implementation or administration of

[[Page 48203]]

HAVA or the National Voter Registration Act (NVRA).
     Other regulations or policies concerning EAC 
administrative actions that impact outside parties.

III. Roles and Responsibilities

    A. Responsible Program Director. The Responsible Program Director 
is the EAC staff person who is generally responsible for the subject 
area addressed in a proposed policy or rule. The Responsible Program 
Director shall be responsible for preparing notices and assuring that 
proposed policies and rules for public comment are posted in a timely 
manner. In addition, the Responsible Program Director shall be 
responsible for collecting, analyzing and recommending a disposition on 
all comments received during the comment period. The Responsible 
Program Director shall produce the written summary of all comments 
received, as described above, within 14 days of the close of the 
comment period. The Responsible Program Director will regularly update 
the commissioners, executive director, chief operating officer, general 
counsel and all other appropriate EAC staff on the volume and types of 
comments that are received during the public comment period.
    When a policy or rule is proposed by a Commissioner, the Special 
Assistant assigned to that Commissioner shall assume all 
responsibilities of the Responsible Program Director and will regularly 
coordinate and share information with the executive director, general 
counsel, chief operating officer and the program director generally 
responsible for the subject area addressed in the proposed policy.
    B. Executive Director. The Executive Director shall assign a 
Responsible Program Director when such action is required. The 
Executive Director may approve a public comment period of between 15 
and 29 days, under limited circumstances and when good cause is 
demonstrated. The Executive Director may approve a waiver for 
publishing notice in the Federal Register under limited circumstances 
and when good cause is demonstrated. The Executive Director may grant 
an additional reasonable period of time beyond the required 14-day 
period for the Responsible Program Director to produce a written 
summary report of all comments received.
    C. General Counsel. The Office of the General Counsel shall provide 
counsel upon request to the Responsible Program Director, the Executive 
Director, or any Commissioner regarding the proposed policy or rule, 
posting of the document for effective notice and comment, review and 
disposition of any comment received, and/or any interpretation of this 
policy.

IV. Applicability

    Under this policy, any advisory, manual, procedure, regulation and 
rule of general applicability, which impacts outside parties (i.e. is 
not strictly limited to the internal operations of EAC), must be posted 
for notice and public comment. This policy applies even when neither 
the APA nor HAVA or NVRA require that a proposed policy or rule is 
subject to notice and public comment prior to adoption. For example, 
the APA requires that final rules of general applicability are 
published to provide notice to the public, but does not require that 
the agency take or receive comments on that rule. In this example, 
EAC's manual on its testing and certification program would not be 
required to be posted for notice and public comment by the APA. 
However, under this policy, a manual, which would have an impact on 
outside parties, must be posted for notice and public comment.
    This policy does not apply to circumstances wherein statutes such 
as APA or HAVA require notice and public comment prior to adoption of 
the guidance, regulation, rule, or policy statement. For example, the 
APA requires that regulations promulgated pursuant to the NVRA are 
posted for notice and public comment. Likewise, HAVA requires that 
guidance developed regarding Sections 301-303 of HAVA, as well as the 
Voluntary Voting System Guidelines, are subject to notice and public 
comment.

V. Effective and Sufficient Notice

    A. Comment Period. At a minimum, EAC will provide a period of 
public comment of no less than 30 days on all policies or rules of 
general applicability. The Responsible Program Director at his/her 
discretion may extend the period for public comment. The comment period 
on any policy or rule of general applicability may not exceed 180 days 
unless so extended by vote of the Commission when good cause is 
demonstrated for extending the comment period. Considerations for 
extension shall include, but are not limited to the content of the 
proposed policy or rule, the complexity of the proposed policy or rule, 
and intervening circumstances during the comment period.
    EAC recognizes that there may be good cause for the comment period 
to be less than 30 days so that the Commission can respond to a time 
sensitive matter in a timely manner. The Responsible Program Director 
must request such an exception in writing to the Executive Director, 
justifying the reason for requesting that the comment period be less 
than 30 days. The Executive Director may grant such an exception when 
good cause is demonstrated for reducing the public comment period and 
must do so in writing. Under no circumstance shall the period of public 
comment be less than 15 days. EAC acknowledges that such exemptions 
will be rare occurrences.
    B. Notice to the Public. In order to ensure that members of the 
public are apprised of EAC's publication of a proposed policy and 
solicitation for comments on the proposed policy, EAC will use the 
following methods of publication and notice to the public:
     Publishing a notice in the Federal Register notifying the 
public of the proposed policy or rule and soliciting comments by a date 
certain; and
     Publishing the proposed rule or policy on the EAC Web site 
and soliciting comments by a date certain; and
     Sending notice to EAC stakeholders, members of Congress 
and interested members of the media through a weekly e-mail newsletter.
    If the Responsible Program Director determines that publishing 
notice in the Federal Register will result in a comment period of less 
than 30 days, then he/she must request in writing to the Executive 
Director a waiver of publication of the notice in the Federal Register, 
demonstrating good cause for such a waiver. The Executive Director may 
grant such an exception when good cause is demonstrated and must do so 
in writing.
    The Responsible Program Director shall prepare notice of the 
proposed policy or rule and the solicitation for comments, which shall 
include a summary of the proposed action, and cause it to be published 
in the means identified above. Included in this responsibility is the 
duty to analyze and assign a reasonable period for accepting comments 
within the parameters established by this policy.
    C. Equal Ability to Comment. Under this policy, no draft or 
proposed policy or rule shall be released to any outside party prior to 
the time that it is posted for public comment. If it is determined that 
a proposed policy was released to a outside party prior to the 
beginning of the public comment period, the comment period shall be 
extended by 30 days in order to allow all members of the public to have 
equal ability to provide comment.

[[Page 48204]]

VI. Collecting and Receiving Public Comments

    For all proposed policies and rules, EAC shall accept comments by 
e-mail, fax, or in hard copy. However, EAC shall encourage members of 
the public to provide comments through an on-line portal on the EAC Web 
site or through an EAC established centralized comment submission 
program. Comments, regardless of the means of transmission, must be 
made available to the public as soon as practicable after they are 
received.

VII. Consideration of Comments

    The Responsible Program Director must timely read and consider each 
and every comment submitted during the comment period. In addition, the 
Responsible Program Director shall recommend a disposition for all 
comments. In the final consideration of the advisory, manual, 
procedure, regulation or rule, the Responsible Program Director shall 
provide a written summary of all comments received, indicating which of 
those comments should be accepted, rejected, or tabled for future 
consideration.
    The Responsible Program Director shall produce the written summary 
of all comments received, as described above, within 14 days of the 
close of the comment period. The Responsible Program Director may 
request an extended period of a reasonable length of time to complete 
the summary report. The request shall be submitted in writing to the 
Executive Director. The Executive Director may grant such an extension 
when good cause is demonstrated and must do so in writing.

VIII. Adoption of a Rule or Policy of General Applicability

    No rule or policy of general applicability shall be adopted by vote 
of the EAC unless:
     The proposed rule or policy has been posted for public 
comment in accordance with this policy; and
     All comments submitted in response to the proposed policy 
have been reviewed and considered; and
     A vote of three or more Commissioners approves the 
proposed policy and any changes that are recommended by the Responsible 
Program Director after review and consideration of the comments.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. E8-19067 Filed 8-15-08; 8:45 am]
BILLING CODE 6820-KF-P