Advisory Opinion Procedure, 32160-32162 [E9-15869]
Download as PDF
32160
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
Communications Act of 1934, as
amended. Nature and Extent of
Confidentiality: If individual
respondents to this survey wish to
request confidential treatment of any
data provided in connection with this
survey, they can do so upon written
request, in accordance with Sections
0.457 and 0.459 of the Commission’s
rules. To receive confidential treatment
of their data, respondents need only
describe the specific information they
wish to protect and provide an
explanation of why such confidential
treatment is appropriate.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: Section 623(k) of the
Cable Television Consumer Protection
and Competition Act of 1992 requires
the Commission to publish annually a
statistical report on average rates for
basic cable service, cable programming
service, and equipment. The report must
compare the prices charged by cable
operators subject to ‘‘effective
competition’’ and those not subject to
effective competition. The data needed
to prepare this report is collected using
the annual cable industry Price Survey.
Marlene H. Dortch,
Secretary, Federal Communications
Commission.
[FR Doc. E9–15936 Filed 7–6–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
[Notice 2009–11]
Advisory Opinion Procedure
Federal Election Commission.
Notice of New Advisory
Opinion Procedures and Explanation of
Existing Procedures.
AGENCY:
ACTION:
SUMMARY: The Commission is
establishing a program to allow persons
requesting an advisory opinion, or their
counsel, a limited opportunity to appear
before the Commission. The purpose of
their appearances is to answer questions
from the Commission at the open
meeting during consideration of the
requestor’s draft advisory opinion.
DATES: Effective Date: July 7, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert M. Knop, Assistant General
Counsel, or Mr. Neven F. Stipanovic,
Attorney, 999 E Street, NW.,
Washington, DC 20463, (202) 694–1650
or (800) 424–9530.
SUPPLEMENTARY INFORMATION: The
Federal Election Commission is
implementing a program allowing
persons requesting advisory opinions, or
VerDate Nov<24>2008
14:45 Jul 06, 2009
Jkt 217001
their counsel, to answer questions at the
open meeting during consideration of an
advisory opinion draft.
I. Background
On January 14 and 15, 2009, the
Commission held a public hearing on
possible changes to a number of its
policies, practices, and procedures,
including possible changes to the
advisory opinion process. Information
about the hearing is available on the
Commission Web site at https://
www.fec.gov/law/policy/enforcement/
publichearing011409.shtml. The
Commission received several public
comments regarding the advisory
opinion process. One issue generating
significant attention was whether
advisory opinion requestors, or their
counsel, should be allowed to appear
before the Commission during the
advisory opinion process. After
reviewing the public comments, the
Commission has decided to allow
requestors, or their counsel, to appear at
the open meeting during consideration
of an advisory opinion draft. The
specific procedures are explained
below.
A. Existing Advisory Opinion
Procedures
Any person may request an advisory
opinion concerning the application of
the Federal Election Campaign Act of
1971, as amended (the ‘‘Act’’), or
Commission regulations, to a specific
transaction or activity by the
person.1 See 2 U.S.C. 437f; 11 CFR part
112. Requestors or their counsel
(‘‘Requestors’’) must submit their
request in writing. 11 CFR 112.1. The
Commission, in turn, must issue an
advisory opinion within 60 days of
receiving a complete advisory opinion
request. 2 U.S.C. 437f(a)(1). The 60-day
deadline is reduced to 20 days when a
Federal candidate or a candidate’s
authorized committee submits a
complete request within 60 days of a
Federal election. 2 U.S.C. 437f(a)(2). At
times, the Commission expedites certain
highly significant, time-sensitive
requests and issues these advisory
opinions within 30 days. See infra
Section I(E). Advisory opinions are
issued if approved by at least four
Commissioners.
Members of the public have two
distinct opportunities to participate in
the advisory opinion process. First, they
may submit written comments on the
advisory opinion request, which is
released to the public and posted on the
1 The Act defines ‘‘person’’ as an individual,
partnership, committee, association, corporation,
labor organization, or any other organization or
group of persons. 2 U.S.C. 431(11).
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
Commission’s Web site as soon as it
becomes complete. 11 CFR 112.2; 112.3.
Second, they may submit written
comments on a draft advisory opinion,
which typically is provided to the
Requestor and made available to the
public prior to the Commission meeting
at which the advisory opinion will be
considered.
B. Proposed Revisions to the Advisory
Opinion Process
At the public hearing held on January
14 and 15, 2009, those commenters who
addressed the advisory opinion process
generally agreed that the Requestor
should be allowed to appear before the
Commission when the Commission
considers the advisory opinion draft.
The main concern with the existing
advisory opinion process was the
Requestor’s inability to respond to
Commissioners’ questions during the
open meeting. The commenters noted
that when they represented Requestors,
they sometimes found it frustrating to
sit in the audience during the open
meeting when the Commission was
considering their request, with no
opportunity to respond when
Commissioners raised questions. To
address this concern, the Commission is
implementing a new procedure that
would allow Requestors to appear
before the Commission to answer
questions at the open meeting when the
Commission considers the Requestor’s
draft advisory opinion.
The Commission believes that this
procedure will promote transparency
and fairness, while ensuring that
advisory opinions continue to be issued
in an efficient and timely manner. It
would permit the Requestors to answer
directly Commissioners’ questions.
These appearances may clear up
ambiguous or conflicting statements in
the Requestors’ written submissions or
allow the Commission to obtain
additional information where the
Requestor’s previous discussions with
Office of General Counsel (‘‘OGC’’)
attorneys did not provide an answer.
Allowing Requestors to appear would
help ensure that the Commission fully
considers all significant aspects of the
proposed transaction or activity before
voting on the advisory opinion.
Appearances by Requestors may also
help some Requestors to understand
better the basis for the Commission’s
decision.
Some commenters suggested that the
Commission should hold formal oral
hearings on advisory opinion requests,
similar to the probable cause hearings
the Commission holds in enforcement
matters, before it considers and votes on
draft advisory opinions. See Procedural
E:\FR\FM\07JYN1.SGM
07JYN1
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
Rules for Probable Cause Hearings, 72
FR 64919 (Nov. 19, 2007). The
Commission believes that a broader
opportunity for an oral presentation is
not needed and would prove
unworkable within the short statutory
deadlines for issuing advisory opinions.
These 60- and 20-day statutory
deadlines preclude more extensive oral
hearings at an earlier point in the
process. The Commission would have to
devote significant resources to arranging
and preparing for oral presentations,
thereby reducing the already limited
time available for drafting and
considering opinions responding to
advisory opinion requests. While
extensions may be arranged if necessary,
as the Commission has done in the past,
allowing extensions on a regular basis
could undermine the statutory directive
to issue advisory opinions within 60 or
20 days. Furthermore, because
Requestors already have multiple
opportunities to participate in the
advisory opinion process, an additional
oral hearing would not significantly
benefit them or the advisory opinion
process.
One commenter at the public hearing
suggested that third-party commenters
in the advisory opinion process should
be allowed to appear before the
Commission; other commenters
disagreed. The Act specifically provides
that the Commission shall issue an
advisory opinion ‘‘with respect to a
specific transaction or activity by the
person’’ who submitted the request. 2
U.S.C. 437f(a)(1). Accordingly, under
the new program, third-party
commenters would not be allowed to
make oral presentations. Requestors
would be permitted to appear only for
the limited purpose of addressing
questions raised by the Commission.
Commenters already have an
opportunity to submit written
comments on the request, as well as on
the draft advisory opinion. Moreover,
arranging an oral hearing within the 60or 20-day statutory deadlines for all
interested parties who wish to testify
would be inefficient and impractical.
Another issue raised at the public
hearing was whether the Commission
should transcribe oral presentations if it
allowed Requestors to appear. The
Commission currently does not
transcribe open meetings, and the
Commission does not intend to change
this practice when Requestors or their
counsel make an appearance, for two
reasons. First, the transcripts would be
an expense to the Commission while
offering little added benefit to the
Requestor. Second, the Commission
already has podcasts of its open
VerDate Nov<24>2008
14:45 Jul 06, 2009
Jkt 217001
32161
meetings available on the Commission
Web site.
considered definitive in the formulation
of a final advisory opinion.
C. Notice of Intent To Appear Before the
Commission
Requestors wishing to appear before
the Commission to answer questions
regarding their advisory opinion request
shall have the opportunity to do so.
Requestors must submit a written notice
to the Commission in advance
indicating that they will be available to
respond to questions at the open
meeting at which the advisory opinion
request is to be considered. The notice
must be received by the Office of the
Commission Secretary (‘‘OCS’’) by email, hand delivery, or fax no later than
48 hours prior to the scheduled open
meeting. Requestors are responsible for
ensuring that OCS timely receives the
notice. In the event any advisory
opinion draft response is not made
available to the public and to the
Requestor within one week (3 days for
requests under the 20-day expedited
procedure) prior to the Commission
open meeting at which the advisory
opinion request is to be considered, the
Requestor shall have an automatic right
to appear before the Commission, and
no advance notice shall be required. See
infra Section I(E).
The opportunity to appear before the
Commission does not guarantee that
Requestor will be able to address the
Commission if no Commissioners have
any questions of the Requestor. These
appearances are voluntary, and no
adverse inferences will be drawn if
Requestors do not appear.
E. Improving Transparency and
Timeliness of Advisory Opinion
Procedures and Opportunity for
Comment
In an effort to streamline the advisory
opinion request process and to improve
transparency and meaningful
opportunity for public comment and
Commission consideration of such
comments, the Commission informally
has implemented several procedures
and proposes additional procedures,
explained below.
D. Open Meeting Procedures
Requestors who appear before the
Commission shall take a seat at the
witness table during consideration of
their advisory opinion and respond to
any questions Commissioners may have.
Requestors who are unable to appear
physically at an open meeting may
participate remotely, subject to the
Commission’s technical capabilities. To
ensure availability, Requestors wishing
to participate remotely are advised to
notify the OCS when they submit their
notice of intent to appear.
Requestors’ appearance is limited to
answering Commissioners’ questions; it
is not an opportunity for Requestors to
make extended oral presentations. The
Commissioners, the General Counsel,
and the Staff Director may ask
Requestors questions appropriate or
relevant to answering the advisory
opinion request at hand. Commissioners
also may ask the General Counsel and
the Staff Director questions pertaining to
the request. Any factual representations
made at the open meeting will be
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
Commission Self-Imposed Deadline for
Draft Responses
In 1993, the Commission announced
pilot procedures that would result in
advisory opinion drafts to be made
public for comment as soon as they are
circulated to the Commission, and
generally no later than close of business
on the Thursday preceding the
Commission’s next open meeting at
which the advisory opinion request is to
be considered (generally the following
Thursday). See Revision to Advisory
Opinion Comment Procedure, 58 FR
62259 (Nov. 26, 1993). The timetable
was to remain in effect for all advisory
opinion requests received until May 31,
1994 and did not apply to expedited
requests under 2 U.S.C. 437f(a)(2) and
11 CFR 112.4(b). See infra.
In this same spirit, for all advisory
opinion requests subject to the 60-day
deadline, the Commission will provide
at least one draft response to the
Requestor and the public no later than
one week prior to the Commission open
meeting at which the advisory opinion
will be considered. This timetable will
provide Requestors adequate time to
decide whether to submit a notice to the
Commission to appear at the meeting, as
well as provide the public meaningful
opportunity to submit comments on the
draft and for the Commission to
properly consider any such comments.
For requests subject to the 20-day
deadline, see infra, this timetable shall
be shortened to provide a draft response
no later than three business days prior
to the open meeting at which the
advisory opinion will be considered.
The Commission notes that, prior to
the open meeting, additional advisory
opinion draft responses may be
produced after the initial draft(s) is
released publicly. The Commission will
make available to the public and to
Requestors any and all additional draft
responses as soon as possible. In the
event any draft response is not released
publicly until after the one-week/threeday deadlines, Requestors shall have an
E:\FR\FM\07JYN1.SGM
07JYN1
32162
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices
automatic right to be heard at the
meeting (limited to answering the
Commissioners’ questions, if any). See
supra Section I(C).
The timetable described above is in
addition to the existing 10-day deadline
for accepting written public comments
following the date the advisory opinion
request is made public. See 2 U.S.C.
437f(d).
Expansion of 20-Day Expedited Process
in Section 112.4(b) to Other Requestors
The Commission has an expedited
procedure provided for in 2 U.S.C.
437f(a)(2) and implemented in 11 CFR
112.4(b) for certain advisory opinions.
This expedited procedure is currently
limited to any candidate or candidate’s
authorized committee that: (1) Submits
a request within 60 calendar days
preceding the date of an election for
Federal office; (2) presents a specific
transaction or activity related to the
election; and (3) explains in the request
the electoral connection. The
Commission recognizes that this
procedure does not apply to other
entities or individuals, and in
recognition of this will attempt to apply
an expedited schedule to any entity or
individual who, within 60 calendar
days preceding the date of an election
for Federal office, submits an advisory
opinion request pertaining to a
proposed public communication
referencing a clearly identified Federal
candidate.
The Commission notes that this new
practice with respect to electionsensitive requests is in addition to the
Commission’s current, informal practice
of expediting certain highly significant
time-sensitive requests (whether or not
relating to an upcoming election). The
Commission endeavors to issue advisory
opinions within 30 days under this
general expedited process.
Withdrawal of Advisory Opinion
Requests
A Requestor may withdraw an
advisory opinion request at any time
prior to the Commission vote on the
request. Such withdrawal may be done
in writing or on the record in the event
a Requestor appears before the
Commission.
Summary of Advisory Opinion
Timetable
The following is a summary of the
advisory opinion timetable, as modified
by this program:
(1) Requestor submits advisory
opinion request.
(2) Within 10 days of the submission
of the request, OGC determines whether
VerDate Nov<24>2008
14:45 Jul 06, 2009
Jkt 217001
the request is ‘‘complete’’ and
‘‘qualified.’’
(3) The Commission shall provide 10
days for accepting written public
comments on the advisory opinion
request after the request is released to
the public.
(4) One week prior to the open
meeting at which the advisory opinion
is to be considered (three days for
expedited requests), the Commission
will provide at least one draft response
to the Requestor and the public for
comment.
(5) Requestor may submit a notice
indicating that they will be available to
respond to questions from the
Commission no later than 48 hours prior
to the open meeting at which the
advisory opinion is to be considered.
(6) In the event subsequent advisory
opinion draft responses are made
available to the public and Requestor
after one week (or three days for 20-day
expedited requests) prior to the open
meeting at which the advisory opinion
is to be considered, the Requestor shall
have an automatic right to appear before
the Commission.
II. Program Implementation
The new procedures for Requestors to
appear before the Commission described
in Sections I(B) through (D), supra, shall
be in effect immediately upon the
publication of this notice. The
Commission will evaluate the new
procedures and consider whether the
procedures should, by an affirmative
four votes of the Commission, be
discontinued or modified. After one
calendar year, the program will
continue as a pilot program until such
time that the Commission either
terminates it by an affirmative four votes
or makes it permanent by an affirmative
four votes.
Dated: June 30, 2009.
On behalf of the Commission,
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9–15869 Filed 7–6–09; 8:45 am]
BILLING CODE 6715–01–P
ACTION: Notice of request for comments
regarding an extension to an existing
OMB clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the General Services
Administration will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
a previously approved information
collection requirement. This
information will be used to assess
satisfaction with services delivered by
staff from the Office of Child Care
Services. The respondents are current
users of the Office of Child Care
Services. A request for public comments
was published in the Federal Register at
74 FR 7065, February 12, 2009. No
comments were received.
Public comments are particularly
invited on: Whether this collection of
information is necessary and whether it
will have practical utility; whether our
estimate of the public burden of this
collection of information is accurate and
based on valid assumptions and
methodology; and ways to enhance the
quality, utility, and clarity of the
information to be collected.
DATES: Submit comments on or before:
August 6, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Leo G. Bonner, Regional Child Care
Coordinator, Office of Child Care
Services, at telephone (202) 401–7403 or
via e-mail to leo.bonner@gsa.gov.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to GSA Desk Officer, OMB,
Room 10236, NEOB, Washington, DC
20503, and a copy to the Regulatory
Secretariat (VPR), General Services
Administration, 1800 F Street, NW.,
Room 4041, Washington, DC 20405.
Please cite OMB Control No. 3090–0281,
General Services Administration (GSA)
Child Care Specialist Feedback Form, in
all correspondence.
SUPPLEMENTARY INFORMATION:
A. Purpose
This information will be used to
assess consumer satisfaction with
services delivered by staff from the
Office of Child Care Services.
GENERAL SERVICES
ADMINISTRATION
[OMB Control No. 3090–0281]
National Capital Region (NCR), Office
of Child Care Services; Submission for
OMB Review; General Services
Administration (GSA) Child Care
Specialist Feedback Form
AGENCY: NCR Office of Child Care
Services, Public Buildings Service
(PBS), GSA.
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
B. Annual Reporting Burden
Respondents: 144.
Responses per Respondent: 1.
Hours per Response: .083 (5 minutes).
Total Burden Hours: 12.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Notices]
[Pages 32160-32162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15869]
=======================================================================
-----------------------------------------------------------------------
FEDERAL ELECTION COMMISSION
[Notice 2009-11]
Advisory Opinion Procedure
AGENCY: Federal Election Commission.
ACTION: Notice of New Advisory Opinion Procedures and Explanation of
Existing Procedures.
-----------------------------------------------------------------------
SUMMARY: The Commission is establishing a program to allow persons
requesting an advisory opinion, or their counsel, a limited opportunity
to appear before the Commission. The purpose of their appearances is to
answer questions from the Commission at the open meeting during
consideration of the requestor's draft advisory opinion.
DATES: Effective Date: July 7, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General
Counsel, or Mr. Neven F. Stipanovic, Attorney, 999 E Street, NW.,
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Election Commission is
implementing a program allowing persons requesting advisory opinions,
or their counsel, to answer questions at the open meeting during
consideration of an advisory opinion draft.
I. Background
On January 14 and 15, 2009, the Commission held a public hearing on
possible changes to a number of its policies, practices, and
procedures, including possible changes to the advisory opinion process.
Information about the hearing is available on the Commission Web site
at https://www.fec.gov/law/policy/enforcement/publichearing011409.shtml.
The Commission received several public comments regarding the advisory
opinion process. One issue generating significant attention was whether
advisory opinion requestors, or their counsel, should be allowed to
appear before the Commission during the advisory opinion process. After
reviewing the public comments, the Commission has decided to allow
requestors, or their counsel, to appear at the open meeting during
consideration of an advisory opinion draft. The specific procedures are
explained below.
A. Existing Advisory Opinion Procedures
Any person may request an advisory opinion concerning the
application of the Federal Election Campaign Act of 1971, as amended
(the ``Act''), or Commission regulations, to a specific transaction or
activity by the person.\1\ See 2 U.S.C. 437f; 11 CFR part 112.
Requestors or their counsel (``Requestors'') must submit their request
in writing. 11 CFR 112.1. The Commission, in turn, must issue an
advisory opinion within 60 days of receiving a complete advisory
opinion request. 2 U.S.C. 437f(a)(1). The 60-day deadline is reduced to
20 days when a Federal candidate or a candidate's authorized committee
submits a complete request within 60 days of a Federal election. 2
U.S.C. 437f(a)(2). At times, the Commission expedites certain highly
significant, time-sensitive requests and issues these advisory opinions
within 30 days. See infra Section I(E). Advisory opinions are issued if
approved by at least four Commissioners.
---------------------------------------------------------------------------
\1\ The Act defines ``person'' as an individual, partnership,
committee, association, corporation, labor organization, or any
other organization or group of persons. 2 U.S.C. 431(11).
---------------------------------------------------------------------------
Members of the public have two distinct opportunities to
participate in the advisory opinion process. First, they may submit
written comments on the advisory opinion request, which is released to
the public and posted on the Commission's Web site as soon as it
becomes complete. 11 CFR 112.2; 112.3. Second, they may submit written
comments on a draft advisory opinion, which typically is provided to
the Requestor and made available to the public prior to the Commission
meeting at which the advisory opinion will be considered.
B. Proposed Revisions to the Advisory Opinion Process
At the public hearing held on January 14 and 15, 2009, those
commenters who addressed the advisory opinion process generally agreed
that the Requestor should be allowed to appear before the Commission
when the Commission considers the advisory opinion draft. The main
concern with the existing advisory opinion process was the Requestor's
inability to respond to Commissioners' questions during the open
meeting. The commenters noted that when they represented Requestors,
they sometimes found it frustrating to sit in the audience during the
open meeting when the Commission was considering their request, with no
opportunity to respond when Commissioners raised questions. To address
this concern, the Commission is implementing a new procedure that would
allow Requestors to appear before the Commission to answer questions at
the open meeting when the Commission considers the Requestor's draft
advisory opinion.
The Commission believes that this procedure will promote
transparency and fairness, while ensuring that advisory opinions
continue to be issued in an efficient and timely manner. It would
permit the Requestors to answer directly Commissioners' questions.
These appearances may clear up ambiguous or conflicting statements in
the Requestors' written submissions or allow the Commission to obtain
additional information where the Requestor's previous discussions with
Office of General Counsel (``OGC'') attorneys did not provide an
answer. Allowing Requestors to appear would help ensure that the
Commission fully considers all significant aspects of the proposed
transaction or activity before voting on the advisory opinion.
Appearances by Requestors may also help some Requestors to understand
better the basis for the Commission's decision.
Some commenters suggested that the Commission should hold formal
oral hearings on advisory opinion requests, similar to the probable
cause hearings the Commission holds in enforcement matters, before it
considers and votes on draft advisory opinions. See Procedural
[[Page 32161]]
Rules for Probable Cause Hearings, 72 FR 64919 (Nov. 19, 2007). The
Commission believes that a broader opportunity for an oral presentation
is not needed and would prove unworkable within the short statutory
deadlines for issuing advisory opinions. These 60- and 20-day statutory
deadlines preclude more extensive oral hearings at an earlier point in
the process. The Commission would have to devote significant resources
to arranging and preparing for oral presentations, thereby reducing the
already limited time available for drafting and considering opinions
responding to advisory opinion requests. While extensions may be
arranged if necessary, as the Commission has done in the past, allowing
extensions on a regular basis could undermine the statutory directive
to issue advisory opinions within 60 or 20 days. Furthermore, because
Requestors already have multiple opportunities to participate in the
advisory opinion process, an additional oral hearing would not
significantly benefit them or the advisory opinion process.
One commenter at the public hearing suggested that third-party
commenters in the advisory opinion process should be allowed to appear
before the Commission; other commenters disagreed. The Act specifically
provides that the Commission shall issue an advisory opinion ``with
respect to a specific transaction or activity by the person'' who
submitted the request. 2 U.S.C. 437f(a)(1). Accordingly, under the new
program, third-party commenters would not be allowed to make oral
presentations. Requestors would be permitted to appear only for the
limited purpose of addressing questions raised by the Commission.
Commenters already have an opportunity to submit written comments on
the request, as well as on the draft advisory opinion. Moreover,
arranging an oral hearing within the 60- or 20-day statutory deadlines
for all interested parties who wish to testify would be inefficient and
impractical.
Another issue raised at the public hearing was whether the
Commission should transcribe oral presentations if it allowed
Requestors to appear. The Commission currently does not transcribe open
meetings, and the Commission does not intend to change this practice
when Requestors or their counsel make an appearance, for two reasons.
First, the transcripts would be an expense to the Commission while
offering little added benefit to the Requestor. Second, the Commission
already has podcasts of its open meetings available on the Commission
Web site.
C. Notice of Intent To Appear Before the Commission
Requestors wishing to appear before the Commission to answer
questions regarding their advisory opinion request shall have the
opportunity to do so. Requestors must submit a written notice to the
Commission in advance indicating that they will be available to respond
to questions at the open meeting at which the advisory opinion request
is to be considered. The notice must be received by the Office of the
Commission Secretary (``OCS'') by e-mail, hand delivery, or fax no
later than 48 hours prior to the scheduled open meeting. Requestors are
responsible for ensuring that OCS timely receives the notice. In the
event any advisory opinion draft response is not made available to the
public and to the Requestor within one week (3 days for requests under
the 20-day expedited procedure) prior to the Commission open meeting at
which the advisory opinion request is to be considered, the Requestor
shall have an automatic right to appear before the Commission, and no
advance notice shall be required. See infra Section I(E).
The opportunity to appear before the Commission does not guarantee
that Requestor will be able to address the Commission if no
Commissioners have any questions of the Requestor. These appearances
are voluntary, and no adverse inferences will be drawn if Requestors do
not appear.
D. Open Meeting Procedures
Requestors who appear before the Commission shall take a seat at
the witness table during consideration of their advisory opinion and
respond to any questions Commissioners may have. Requestors who are
unable to appear physically at an open meeting may participate
remotely, subject to the Commission's technical capabilities. To ensure
availability, Requestors wishing to participate remotely are advised to
notify the OCS when they submit their notice of intent to appear.
Requestors' appearance is limited to answering Commissioners'
questions; it is not an opportunity for Requestors to make extended
oral presentations. The Commissioners, the General Counsel, and the
Staff Director may ask Requestors questions appropriate or relevant to
answering the advisory opinion request at hand. Commissioners also may
ask the General Counsel and the Staff Director questions pertaining to
the request. Any factual representations made at the open meeting will
be considered definitive in the formulation of a final advisory
opinion.
E. Improving Transparency and Timeliness of Advisory Opinion Procedures
and Opportunity for Comment
In an effort to streamline the advisory opinion request process and
to improve transparency and meaningful opportunity for public comment
and Commission consideration of such comments, the Commission
informally has implemented several procedures and proposes additional
procedures, explained below.
Commission Self-Imposed Deadline for Draft Responses
In 1993, the Commission announced pilot procedures that would
result in advisory opinion drafts to be made public for comment as soon
as they are circulated to the Commission, and generally no later than
close of business on the Thursday preceding the Commission's next open
meeting at which the advisory opinion request is to be considered
(generally the following Thursday). See Revision to Advisory Opinion
Comment Procedure, 58 FR 62259 (Nov. 26, 1993). The timetable was to
remain in effect for all advisory opinion requests received until May
31, 1994 and did not apply to expedited requests under 2 U.S.C.
437f(a)(2) and 11 CFR 112.4(b). See infra.
In this same spirit, for all advisory opinion requests subject to
the 60-day deadline, the Commission will provide at least one draft
response to the Requestor and the public no later than one week prior
to the Commission open meeting at which the advisory opinion will be
considered. This timetable will provide Requestors adequate time to
decide whether to submit a notice to the Commission to appear at the
meeting, as well as provide the public meaningful opportunity to submit
comments on the draft and for the Commission to properly consider any
such comments. For requests subject to the 20-day deadline, see infra,
this timetable shall be shortened to provide a draft response no later
than three business days prior to the open meeting at which the
advisory opinion will be considered.
The Commission notes that, prior to the open meeting, additional
advisory opinion draft responses may be produced after the initial
draft(s) is released publicly. The Commission will make available to
the public and to Requestors any and all additional draft responses as
soon as possible. In the event any draft response is not released
publicly until after the one-week/three-day deadlines, Requestors shall
have an
[[Page 32162]]
automatic right to be heard at the meeting (limited to answering the
Commissioners' questions, if any). See supra Section I(C).
The timetable described above is in addition to the existing 10-day
deadline for accepting written public comments following the date the
advisory opinion request is made public. See 2 U.S.C. 437f(d).
Expansion of 20-Day Expedited Process in Section 112.4(b) to Other
Requestors
The Commission has an expedited procedure provided for in 2 U.S.C.
437f(a)(2) and implemented in 11 CFR 112.4(b) for certain advisory
opinions. This expedited procedure is currently limited to any
candidate or candidate's authorized committee that: (1) Submits a
request within 60 calendar days preceding the date of an election for
Federal office; (2) presents a specific transaction or activity related
to the election; and (3) explains in the request the electoral
connection. The Commission recognizes that this procedure does not
apply to other entities or individuals, and in recognition of this will
attempt to apply an expedited schedule to any entity or individual who,
within 60 calendar days preceding the date of an election for Federal
office, submits an advisory opinion request pertaining to a proposed
public communication referencing a clearly identified Federal
candidate.
The Commission notes that this new practice with respect to
election-sensitive requests is in addition to the Commission's current,
informal practice of expediting certain highly significant time-
sensitive requests (whether or not relating to an upcoming election).
The Commission endeavors to issue advisory opinions within 30 days
under this general expedited process.
Withdrawal of Advisory Opinion Requests
A Requestor may withdraw an advisory opinion request at any time
prior to the Commission vote on the request. Such withdrawal may be
done in writing or on the record in the event a Requestor appears
before the Commission.
Summary of Advisory Opinion Timetable
The following is a summary of the advisory opinion timetable, as
modified by this program:
(1) Requestor submits advisory opinion request.
(2) Within 10 days of the submission of the request, OGC determines
whether the request is ``complete'' and ``qualified.''
(3) The Commission shall provide 10 days for accepting written
public comments on the advisory opinion request after the request is
released to the public.
(4) One week prior to the open meeting at which the advisory
opinion is to be considered (three days for expedited requests), the
Commission will provide at least one draft response to the Requestor
and the public for comment.
(5) Requestor may submit a notice indicating that they will be
available to respond to questions from the Commission no later than 48
hours prior to the open meeting at which the advisory opinion is to be
considered.
(6) In the event subsequent advisory opinion draft responses are
made available to the public and Requestor after one week (or three
days for 20-day expedited requests) prior to the open meeting at which
the advisory opinion is to be considered, the Requestor shall have an
automatic right to appear before the Commission.
II. Program Implementation
The new procedures for Requestors to appear before the Commission
described in Sections I(B) through (D), supra, shall be in effect
immediately upon the publication of this notice. The Commission will
evaluate the new procedures and consider whether the procedures should,
by an affirmative four votes of the Commission, be discontinued or
modified. After one calendar year, the program will continue as a pilot
program until such time that the Commission either terminates it by an
affirmative four votes or makes it permanent by an affirmative four
votes.
Dated: June 30, 2009.
On behalf of the Commission,
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9-15869 Filed 7-6-09; 8:45 am]
BILLING CODE 6715-01-P