Statement of Policy Regarding Placing First General Counsel's Reports on the Public Record, 66132-66133 [E9-29609]

Download as PDF 66132 Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices CALENDAR OF REPORTING DATES FOR FLORIDA SPECIAL ELECTION Close of books1 Report Reg. cert. & overnight mailing deadline Filing deadline Committees Involved in Only the Special Primary (02/02/10) Must File Year-End ...................................................................................................................................... Pre-Primary .................................................................................................................................. April Quarterly .............................................................................................................................. —WAIVED — 01/13/10 03/31/10 2 01/18/10 04/15/10 01/21/10 04/15/10 Committees Involved in Both the Special Primary (02/02/10) and Special General (04/13/10) Must File Year-End ...................................................................................................................................... Pre-Primary .................................................................................................................................. Pre-General ................................................................................................................................. April Quarterly .............................................................................................................................. Post-General ................................................................................................................................ July Quarterly ............................................................................................................................... —WAIVED— 01/13/10 03/24/10 03/31/10 05/03/10 06/30/10 2 01/18/10 03/29/10 04/15/10 05/13/10 07/15/10 01/21/10 04/01/10 04/15/10 05/13/10 07/15/10 03/29/10 04/15/10 05/13/10 07/15/10 04/01/10 04/15/10 05/13/10 07/15/10 Committees Involved in Only the Special General (04/13/10) Must File Pre-General ................................................................................................................................. April Quarterly .............................................................................................................................. Post-General ................................................................................................................................ July Quarterly ............................................................................................................................... 03/24/10 03/31/10 05/03/10 06/30/10 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered as a political committee with the Commission up through the close of books for the first report due. 2 Notice that the registered/certified & overnight mailing deadline falls on a federal holiday. The report should be postmarked on or before that date. On behalf of the Commission. Dated: December 8, 2009. Steven T. Walther, Chairman, Federal Election Commission. [FR Doc. E9–29611 Filed 12–11–09; 8:45 am] BILLING CODE 6715–01–P FEDERAL ELECTION COMMISSION [Notice 2009–28] Statement of Policy Regarding Placing First General Counsel’s Reports on the Public Record Federal Election Commission. Statement of Policy. AGENCY: mstockstill on DSKH9S0YB1PROD with NOTICES ACTION: SUMMARY: The Federal Election Commission will resume the practice of placing all First General Counsel’s Reports on the public record, subject to appropriate redaction or withholding. DATES: December 14, 2009. FOR FURTHER INFORMATION CONTACT: Lawrence Calvert, Deputy General Counsel, or Nicole St. Louis Matthis, Assistant General Counsel, 999 E Street, NW., Washington, DC 20463, (202) 694– 1650 or (800) 424–9530. SUPPLEMENTARY INFORMATION: The Federal Election Commission is returning to its prior practice of placing First General Counsel’s Reports on the public record to promote transparency. VerDate Nov<24>2008 17:54 Dec 11, 2009 Jkt 220001 I. Background For approximately the first 25 years of its existence, the Federal Election Commission (‘‘Commission’’) placed on the public record, at the close of an enforcement matter, all materials considered by the Commissioners in their disposition of a case, except for those materials prohibited from disclosure by the Federal Election Campaign Act (‘‘FECA’’ or ‘‘the Act’’) or, in most instances, those exempt from disclosure under the Freedom of Information Act (‘‘FOIA’’). In 2001, following the decision of the district court in AFL–CIO v. FEC, 177 F. Supp. 2d 48 (D.D.C. 2001) (‘‘AFL–CIO’’), the Commission placed on the public record only those documents that reflected the very final action in an enforcement matter and the reasons for that action. Then, after the court of appeals decision in the AFL–CIO case, 333 F.3d 168 (DC Cir. 2003), the Commission adopted an interim policy, in which it said it would place on the public record, among other things, ‘‘General Counsel’s Reports that recommend dismissal, reason to believe, no reason to believe, no action at this time, probable cause to believe, no probable cause to believe, no further action, or acceptance of a conciliation agreement[.]’’ See Statement of Policy Regarding Disclosure of Closed Enforcement or Related Files, 68 FR PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 70423 (Dec. 20, 2003) (‘‘Interim Disclosure Policy’’). In 2006, the Commission reconsidered its practice of placing First General Counsel’s Reports on the public record after a case arose in which the Commission adopted a recommendation offered by the Office of General Counsel (‘‘OGC’’) in a General Counsel’s Report, but rejected one of several underlying rationales for the recommendation. Thereafter, OGC began recommending the approval of a Factual & Legal Analysis (‘‘F&LA’’) in all cases, not just those with reason to believe recommendations. From January 2007 forward, F&LAs providing an explanation for the Commission’s decisions were placed on the public record in new enforcement matters, but First General Counsel’s Reports were not. II. Return to Prior Practice In the interest of promoting transparency, the Commission is resuming the practice of placing all First General Counsel’s Reports on the public record, whether or not the recommendations in these First General Counsel’s Reports are adopted by the Commission. The Commission will place all First General Counsel’s Reports on the public record in closed enforcement matters, prospectively and retroactively, while E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices reserving the right to redact portions of such documents consistent with the Act, the principles articulated by the court of appeals in AFL–CIO, and subject to the Commission’s authority to withhold material under an exemption set forth in the FOIA. Until such time as all previously undisclosed First General Counsel’s Reports have been placed on the public record, the Commission intends to approve any FOIA request seeking a First General Counsel’s Report or accompanying F&LA that has not yet been placed on the public record, but reserves the right to redact portions of such documents consistent with the Act, the principles articulated by the court of appeals in AFL–CIO, and subject to the Commission’s authority to withhold material under an exemption set forth in the FOIA. This document amends an agency practice or procedure. This document does not constitute an agency regulation requiring notice of proposed rulemaking, opportunities for public comment, prior publication, and delay effective under 5 U.S.C. 553 of the Administrative Procedure Act (‘‘APA’’). The provisions of the Regulatory Flexibility Act, 5 U.S.C. 605(b), which apply when notice and comment are required by the APA or another statute, are not applicable. On behalf of the Commission. Dated: December 4, 2009. Steven T. Walther, Chairman, Federal Election Commission. [FR Doc. E9–29609 Filed 12–11–09; 8:45 am] BILLING CODE 6715–01–P FEDERAL RESERVE SYSTEM mstockstill on DSKH9S0YB1PROD with NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments VerDate Nov<24>2008 17:54 Dec 11, 2009 Jkt 220001 must be received not later than December 30, 2009. A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198–0001: 1. The Robert and Norman Ohlde Trust, Robert and Norma Ohlde, trustees; Steven and Cynthia Ohlde, all of Linn, Kansas; and Timothy and Debra Ohlde, Clyde, Kansas, acting in concert; to retain/acquire voting shares of Elkcorp, Inc., and thereby indirectly retain/acquire voting shares of The Elk State Bank, both in Clyde, Kansas. Board of Governors of the Federal Reserve System, December 9, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–29651 Filed 12–11–09; 8:45 am] 66133 Governors not later than January 8, 2010. A. Federal Reserve Bank of Cleveland (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101–2566: 1. Excel Bancorp, LLC, St. Clairsville, Ohio; to become a bank holding company by acquiring a controlling interest in Ohio Legacy Corp., and thereby indirectly acquire Ohio Legacy Bank, N.A., Wooster, Ohio. Board of Governors of the Federal Reserve System, December 9, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–29652 Filed 12–11–09; 8:45 am] BILLING CODE 6210–01–S BILLING CODE 6210–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES FEDERAL RESERVE SYSTEM Food and Drug Administration Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 [Docket No. FDA–2009–N–0293] Peter Xuong Lam: Debarment Order AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is issuing an order under the Federal Food, Drug, and Cosmetic Act (the act) debarring Peter Xuong Lam for a period of 20 years from importing articles of food or offering such articles for importation into the United States. FDA bases this order on a finding that Mr. Lam was convicted of four felonies under Federal law for conduct relating to the importation into the United States of an article of food. After being given notice of the proposed debarment and an opportunity to request a hearing within the timeframe prescribed by regulation, Mr. Lam failed to request a hearing. Mr. Lam’s failure to request a hearing constitutes a waiver of his right to a hearing concerning this action. DATES: This order is effective December 14, 2009. ADDRESSES: Submit applications for termination of debarment to the Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Compliance Policy (HFC–230), Office of Enforcement, Office of Regulatory Affairs, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 240–632–6844. SUPPLEMENTARY INFORMATION: E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66132-66133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29609]


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

FEDERAL ELECTION COMMISSION

 [Notice 2009-28]


Statement of Policy Regarding Placing First General Counsel's 
Reports on the Public Record

AGENCY: Federal Election Commission.

ACTION: Statement of Policy.

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

SUMMARY: The Federal Election Commission will resume the practice of 
placing all First General Counsel's Reports on the public record, 
subject to appropriate redaction or withholding.

DATES: December 14, 2009.

FOR FURTHER INFORMATION CONTACT: Lawrence Calvert, Deputy General 
Counsel, or Nicole St. Louis Matthis, Assistant General Counsel, 999 E 
Street, NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Federal Election Commission is returning 
to its prior practice of placing First General Counsel's Reports on the 
public record to promote transparency.

I. Background

    For approximately the first 25 years of its existence, the Federal 
Election Commission (``Commission'') placed on the public record, at 
the close of an enforcement matter, all materials considered by the 
Commissioners in their disposition of a case, except for those 
materials prohibited from disclosure by the Federal Election Campaign 
Act (``FECA'' or ``the Act'') or, in most instances, those exempt from 
disclosure under the Freedom of Information Act (``FOIA'').
    In 2001, following the decision of the district court in AFL-CIO v. 
FEC, 177 F. Supp. 2d 48 (D.D.C. 2001) (``AFL-CIO''), the Commission 
placed on the public record only those documents that reflected the 
very final action in an enforcement matter and the reasons for that 
action. Then, after the court of appeals decision in the AFL-CIO case, 
333 F.3d 168 (DC Cir. 2003), the Commission adopted an interim policy, 
in which it said it would place on the public record, among other 
things, ``General Counsel's Reports that recommend dismissal, reason to 
believe, no reason to believe, no action at this time, probable cause 
to believe, no probable cause to believe, no further action, or 
acceptance of a conciliation agreement[.]'' See Statement of Policy 
Regarding Disclosure of Closed Enforcement or Related Files, 68 FR 
70423 (Dec. 20, 2003) (``Interim Disclosure Policy'').
    In 2006, the Commission reconsidered its practice of placing First 
General Counsel's Reports on the public record after a case arose in 
which the Commission adopted a recommendation offered by the Office of 
General Counsel (``OGC'') in a General Counsel's Report, but rejected 
one of several underlying rationales for the recommendation. 
Thereafter, OGC began recommending the approval of a Factual & Legal 
Analysis (``F&LA'') in all cases, not just those with reason to believe 
recommendations. From January 2007 forward, F&LAs providing an 
explanation for the Commission's decisions were placed on the public 
record in new enforcement matters, but First General Counsel's Reports 
were not.

II. Return to Prior Practice

    In the interest of promoting transparency, the Commission is 
resuming the practice of placing all First General Counsel's Reports on 
the public record, whether or not the recommendations in these First 
General Counsel's Reports are adopted by the Commission.
    The Commission will place all First General Counsel's Reports on 
the public record in closed enforcement matters, prospectively and 
retroactively, while

[[Page 66133]]

reserving the right to redact portions of such documents consistent 
with the Act, the principles articulated by the court of appeals in 
AFL-CIO, and subject to the Commission's authority to withhold material 
under an exemption set forth in the FOIA.
    Until such time as all previously undisclosed First General 
Counsel's Reports have been placed on the public record, the Commission 
intends to approve any FOIA request seeking a First General Counsel's 
Report or accompanying F&LA that has not yet been placed on the public 
record, but reserves the right to redact portions of such documents 
consistent with the Act, the principles articulated by the court of 
appeals in AFL-CIO, and subject to the Commission's authority to 
withhold material under an exemption set forth in the FOIA.
    This document amends an agency practice or procedure. This document 
does not constitute an agency regulation requiring notice of proposed 
rulemaking, opportunities for public comment, prior publication, and 
delay effective under 5 U.S.C. 553 of the Administrative Procedure Act 
(``APA''). The provisions of the Regulatory Flexibility Act, 5 U.S.C. 
605(b), which apply when notice and comment are required by the APA or 
another statute, are not applicable.

    On behalf of the Commission.

     Dated: December 4, 2009.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9-29609 Filed 12-11-09; 8:45 am]
BILLING CODE 6715-01-P
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