Privacy Act, Government in the Sunshine Act, Freedom of Information Act (“FOIA”), and Federal Election Campaign Act (“FECA”) Rules; Corrections, 29-32 [E9-30797]
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
TABLE 7—THRESHOLD VALUES FOR
THE OUTLIER DEVIATION TEST
[Significance Level = 1%]
Number of
available data
points (n)
Second largest allowable
normalized
residual value
(r*)
Largest allowable normalized residual
value (r*)
3
4
5
6
7
8
9
10
11
12
13
14
15
1.55
1.73
1.84
1.93
2.00
2.05
2.11
2.16
2.19
2.23
2.26
2.29
2.32
2.71
2.81
2.88
2.93
2.98
3.02
3.06
3.09
3.12
3.14
3.17
3.19
3.21
Corrections to Privacy Act Rules in Part
1 of Title 11 of the Code of Federal
Regulations
Dated at Rockville, Maryland, this 28th day
of December 2009.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. E9–31146 Filed 12–31–09; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL ELECTION COMMISSION
11 CFR Parts 1, 2, 4, 5, 100, 101, 102,
104, 110, 113, 114, 201, and 300
[Notice 2009–32]
Privacy Act, Government in the
Sunshine Act, Freedom of Information
Act (‘‘FOIA’’), and Federal Election
Campaign Act (‘‘FECA’’) Rules;
Corrections
Federal Election Commission.
Correcting amendments.
AGENCY:
ACTION:
The Commission is making
technical amendments to various
sections of the Privacy Act, Government
in the Sunshine Act, FOIA, and FECA
rules.
DATES: Effective January 4, 2010.
FOR FURTHER INFORMATION CONTACT:
Ms. Amy L. Rothstein, Assistant
General Counsel, or Mr. Eugene Lynch,
Paralegal, 999 E Street, NW.,
Washington, DC 20463, (202) 694–1650
or (800) 424–9530.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The final rules that are the subject of
these corrections were published as part
of a continuing series of regulations the
Commission promulgated implementing
the Privacy Act of 1974, Public Law 93–
579, 88 Stat. 1896 (1974), the
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Government in the Sunshine Act of
1976, Public Law 94–409, 90 Stat. 1241
(1976), the Freedom of Information Act
of 1966, as amended, 5 U.S.C. 552, and
the Federal Election Campaign Act
(‘‘FECA’’) of 1971, as amended, 2 U.S.C.
431, et seq. Because these corrections
are merely technical, this is not a
substantive rule requiring notice and
comment under the Administrative
Procedure Act, 5 U.S.C. 553. Under the
‘‘good cause’’ exception to the notice
and comment requirements, 5 U.S.C.
553(b)(B) and (d)(3), these corrections
are effective upon publication. Thus, the
corrected final rules are effective
January 4, 2010.
A. Correction to 11 CFR 1.2
The Commission is removing the
definition of ‘‘Commissioners’’ and
replacing it with a definition of
‘‘Commissioner,’’ to read as follows:
‘‘Commissioner means an individual
appointed to the Federal Election
Commission pursuant to 2 U.S.C.
437c(a).’’ The purpose of this change is
to make the definition of
‘‘Commissioner’’ consistent in
Commission regulations. The
Commission is also placing the
definitions in alphabetical order to
assist the reader in locating a specific
definition.
B. Correction to 11 CFR 1.3
The Commission is correcting an
obsolete reference in paragraph (b) of
this section to conform it to updated
internal agency procedures by replacing
the term ‘‘Staff Director’’ with the term
‘‘Chief Privacy Officer.’’
C. Correction to 11 CFR 1.14
The Commission is correcting a
typographical error in paragraph (a) of
this section by replacing the semicolon
after the phrase ‘‘2 U.S.C. 438(b)’’ with
a comma.
Corrections to Government in the
Sunshine Act Rules in Part 2 of Title 11
of the Code of Federal Regulations
A. Correction to 11 CFR 2.4
The Commission is correcting
erroneous punctuation in paragraph
(b)(1) of this section by replacing the
period after the last word of the
paragraph, ‘‘practices,’’ with a
semicolon.
B. Correction to 11 CFR 2.6
The Commission is correcting
erroneous punctuation in paragraph (c)
of this section by inserting a comma
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29
after the last instance of the word
‘‘meeting.’’
Corrections to Freedom of Information
Act Rules in Part 4 of Title 11 of the
Code of Federal Regulations
A. Corrections to 11 CFR 4.5
The Commission is correcting a
typographical error in paragraph (a)(4)
of this section by removing the letter ‘‘s’’
in the word ‘‘works’’ in the second
sentence, so that the resulting word is
‘‘work.’’ In addition, the Commission is
correcting missing words and
capitalization in paragraphs (a)(4)(i),
(iii), and (iv) of this section by inserting
the word ‘‘Chief’’ in front of the word
‘‘FOIA’’ in all instances where ‘‘FOIA’’
appears. Also, in paragraphs (a)(4)(i)
and (iii) of this section, the Commission
is capitalizing the first letter of the word
‘‘officer,’’ so that it reads ‘‘Officer.’’ In
addition, the Commission is correcting
a typographical error in paragraph (b) of
this section by replacing the colon after
‘‘11 CFR 4.5(a)(7)’’ with a comma.
Finally, the Commission is correcting a
typographical error in paragraph (b)(2)(i)
of this section by replacing the comma
after the word ‘‘pendency’’ with a
semicolon.
B. Corrections to 11 CFR 4.7
The Commission is correcting a
missing word and a typographical error
in paragraph (b)(1) of this section by
replacing the term ‘‘FOIA officer’’ with
‘‘Chief FOIA Officer.’’
C. Correction to 11 CFR 4.7, 4.8, and 5.5
The Commission is inserting the word
‘‘Chief’’ directly before all instances of
the term ‘‘FOIA Officer’’ in paragraph (i)
of section 4.7, paragraph (c) of section
4.8, and paragraph (c) of section 5.5.
D. Correction to 11 CFR 4.9
The Commission is correcting a
typographical error in paragraph
(c)(1)(iv) of this section, by changing the
second sentence of the paragraph to
read as follows: ‘‘Requests from persons
for records about themselves will
continue to be treated under the fee
provisions of the Privacy Act of 1974,
which permit fees only for duplication.’’
Corrections to FECA Rules in
Subchapters A and C in Title 11 of the
Code of Federal Regulations
A. Correction to 11 CFR 100.89
The Commission is correcting an
incorrect citation in paragraph (f) of this
section by replacing the reference to 11
CFR 100.78(d) at the end of the section
with ‘‘paragraph (d) of this section.’’
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
B. Corrections to 11 CFR 101.3
The Commission is correcting two
incorrect citations in this section by
replacing the references to 11 CFR
100.7(b)(1) and 100.8(b)(1) with 11 CFR
100.72 and 100.131, respectively.
C. Correction to 11 CFR 102.15
The Commission is correcting the
heading to this section by replacing the
reference to 2 U.S.C. 432(a)(3) with 2
U.S.C. 432(b)(3).
read ‘‘* * * expenditures established
by 11 CFR 109.32 and 110.8 shall be
increased * * *’’
I. Correction to 11 CFR 113.1
List of Subjects
11 CFR Part 1
Privacy.
11 CFR Part 2
The Commission is correcting the first
sentence of paragraph (g)(8) of this
section by deleting the word
‘‘proposed’’ directly before the word
‘‘paragraphs.’’
J. Corrections to 11 CFR 114.10
Sunshine Act.
11 CFR Part 4
Freedom of information.
11 CFR Part 5
Archives and records.
The Commission is removing the
Editorial Note at the end of this section,
on page 234 of the 2009 Code of Federal
Regulations, in its entirety. In addition,
the Commission is correcting a citation
in paragraph (e)(2)(ii) of this section by
replacing the reference to 11 CFR 104.14
with 11 CFR 104.20(b).
11 CFR Part 100
E. Corrections to 11 CFR 104.8
The Commission is correcting two
incorrect citations in paragraph (g) this
section, by replacing the references to
11 CFR 100.7(b)(22) and 100.8(b)(24)
with 11 CFR 100.83 and 100.143,
respectively. The Commission is also
correcting an incorrect citation in
paragraph (g)(2) by replacing the
reference to 11 CFR 100.7(b)(22)(iii)
with 11 CFR 100.83(c).
K. Corrections to 11 CFR 201.2
Political committees and parties,
Reporting and recordkeeping
requirements.
F. Correction to 11 CFR 110.1
The Commission is correcting an
incorrect citation in paragraph (a) of this
section by changing the reference to 11
CFR 110.10 to 11 CFR 100.10.
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D. Corrections to 11 CFR 104.3
The Commission is correcting
incorrect citations in paragraphs
(a)(3)(vii)(B), (b)(2)(iii)(A), (b)(4)(iii), (d),
and (d)(4) of this section by replacing all
references to 11 CFR 100.7(b)(22) with
11 CFR 100.83, and by replacing all
references to 100.8(b)(24) with 100.143.
L. Correction to 11 CFR 300.31
G. Correction to 11 CFR 110.14
The Commission is correcting an
inadvertent duplication of language in
paragraph (f)(2)(i) of this section,
governing expenditures by delegates for
public political advertising that refers to
candidates for public office. The
duplicated language is from paragraph
(f)(2)(ii) of this section, which concerns
expenditures by delegates for
communications that are not
coordinated with candidates. As
revised, paragraph (f)(2)(i) provides that
delegate communications are in-kind
contributions to a Federal candidate if
they are coordinated communications
under 11 CFR 109.21. This change is
necessary to bring the rules governing
delegates into alignment with the rules
governing delegate committees in 11
CFR 110.14(i)(2) and coordinated
communications in 11 CFR 109.21.
H. Correction to 11 CFR 110.17
The Commission is correcting an
incorrect citation in paragraph (a) of this
section by replacing the reference to 11
CFR 110.7 with 11 CFR 109.32. Thus,
the relevant part of the sentence will
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The Commission is changing the
definition of ‘‘Commissioner’’ in
paragraph (c) of this section to read as
follows: ‘‘Commissioner means an
individual appointed to the Federal
Election Commission pursuant to 2
U.S.C. 437c(a).’’ The purpose of this
change is to make the definition of
‘‘Commissioner’’ consistent in
Commission regulations.
M. Correction to the Heading of 11 CFR
300.63
The Commission is correcting the
heading to this section by removing the
word ‘‘party.’’
Corrections to Various Rules
Throughout Title 11, Chapter 1 of the
Code of Federal Regulations
A. Corrections to the Authority Citations
for 11 CFR Parts 2, 101, 102, 113, 114,
201, and 300
The Commission is correcting the
authority citations located in each of
these parts. For part 2, the Commission
is removing the redundant reference to
the public law from the authority
citation. For parts 101, 102, 113, 114,
201, and 300, the Commission is adding
the word ‘‘and’’ before the last statutory
reference in the authority citations to
conform them to other authority
citations in 11 CFR, and to make clear
that there are no additional statutory
references.
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11 CFR Part 101
Political candidates, Reporting and
recordkeeping requirements.
11 CFR Part 102
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 113
The Commission is correcting a
typographical error in paragraph (g) of
this section by replacing the phrase
‘‘State, district, or local committee or a
political party’’ with ‘‘State, district, or
local committee of a political party.’’
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Elections.
Campaign funds.
11 CFR Part 114
Business and industry, Elections,
Labor.
11 CFR Part 201
Administrative practice and
procedure.
11 CFR Part 300
Campaign funds, Nonprofit
organizations, Political committees and
parties, Political candidates, Reporting
and recordkeeping requirements.
■ For the reasons set out in the
preamble, 11 CFR parts 1, 2, 4, and 5,
and subchapters A and C of chapter 1
of title 11 of the Code of Federal
Regulations, are amended as follows:
PART 1—PRIVACY ACT
1. The authority citation for part 1
continues to read as follows:
■
Authority: 5 U.S.C. 552a.
2. In § 1.2, arrange the existing
definitions in alphabetical order,
remove the definition of
‘‘Commissioners,’’ and add a definition
of ‘‘Commissioner’’ to read as follows:
■
§ 1.2
Definitions.
*
*
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*
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Commissioner means an individual
appointed to the Federal Election
Commission pursuant to 2 U.S.C.
437c(a).
*
*
*
*
*
‘‘11 CFR 4.5(a)(7)’’ and add, in its place,
a semicolon.
■ e. In paragraph (b)(2)(i), remove the
comma after the word ‘‘pendency’’ and
add, in its place, a semicolon.
place, the words ‘‘paragraph (d) of this
section’’.
§ 1.3
§ 4.7
■
[Amended]
[Amended]
10. In paragraph (b)(1) of § 4.7, remove
the words ‘‘FOIA officer’’ and add, in
their place, the words ‘‘Chief FOIA
Officer’’.
3. In paragraph (b) of § 1.3, remove the
words ‘‘Staff Director’’ and add, in their
place, the words ‘‘Chief Privacy
Officer’’.
■
§ 1.14
§ 4.8
■
[Amended]
4. In paragraph (a) of § 1.14, remove
the semicolon after ‘‘2 U.S.C. 438(b)’’
and add, in its place, a comma.
■
5. The authority citation for part 2 is
revised to read as follows:
■
§ 2.4
Fees.
*
[Amended]
6. In paragraph (b)(1) introductory text
of § 2.4, remove the period after the
word ‘‘practices’’ and add, in its place,
a semicolon.
■
§ 2.6
11. In paragraph (c) of § 4.8, remove
the words ‘‘FOIA Officer’’ and add, in
their place, the words ‘‘Chief FOIA
Officer’’.
■ 12. In paragraph (c)(1)(iv) of § 4.9, the
second sentence is revised to read as
follows:
§ 4.9
Authority: 5 U.S.C. 552b.
[Amended]
7. In paragraph (c) of § 2.6, add a
comma after the last occurrence of the
word ‘‘meeting.’’
■
*
*
*
*
(c) * * *
(1) * * *
(iv) * * * Requests from persons for
records about themselves will continue
to be treated under the fee provisions of
the Privacy Act of 1974, which permit
fees only for duplication. * * *
*
*
*
*
*
PART 5—ACCESS TO PUBLIC
DISCLOSURE DIVISION DOCUMENTS
PART 4—PUBLIC RECORDS AND THE
FREEDOM OF INFORMATION ACT
■
8. The authority citation for part 4
continues to read as follows:
Authority: 2 U.S.C. 437f(d),
437g(a)(4)(B)(ii), 438(a), and 31 U.S.C. 9701.
■
Authority: 5 U.S.C. 552, as amended.
§ 4.5
13. The authority citation for part 5
continues to read as follows:
§ 5.5
[Amended]
[Amended]
14. In paragraph (c) of § 5.5, remove
the words ‘‘FOIA officer’’ and add, in
their place, the words ‘‘Chief FOIA
Officer’’.
■
9. Amend § 4.5 as follows:
a. In the introductory text of
paragraph (a)(4), remove the letter ‘‘s’’
from the word ‘‘works’’ in the second
sentence.
■ b. In paragraphs (a)(4)(i) and (iii),
remove the words ‘‘FOIA officer’’ and
add, in their place, the words ‘‘Chief
FOIA Officer.’’
■ c. In paragraph (a)(4)(iv), remove the
words ‘‘FOIA Officer’’ in both places
where they occur and add, in their
place, the words ‘‘Chief FOIA Officer.’’
■ d. In the introductory text of
paragraph (b), remove the colon after
■
■
PART 100—SCOPE AND DEFINITIONS
(2 U.S.C. 431)
15. The authority citation for part 100
continues to read as follows:
■
Authority: 2 U.S.C. 431, 434, 438(a)(8), and
439a(c).
§ 100.89
[Amended]
16. In paragraph (f) of § 100.89,
remove ‘‘100.78(d)’’ and add, in its
■
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Section
16:57 Dec 31, 2009
Authority: 2 U.S.C. 432(e), 434(a)(11), and
438(a)(8).
§ 101.3
[Amended]
18. In the table below, for the section
indicated in the left column, remove the
citation indicated in the middle column,
and replace it with the citation
indicated in the right column:
■
Section
Remove
101.3 ............
101.3 ............
100.7(b)(1) ...
100.8(b)(1) ...
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100.7(b)(22)
100.8(b)(24)
100.7(b)(22)
100.8(b)(24)
100.7(b)(22)
100.8(b)(24)
100.7(b)(22)
100.7(b)(22)
100.8(b)(24)
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100.72
100.131
19. The authority citation for part 102
is revised to read as follows:
■
Authority: 2 U.S.C. 432, 433, 434(a)(11),
438(a)(8), and 441(d).
20. The heading of § 102.15 is revised
to read as follows:
■
§ 102.15 Commingled funds (2 U.S.C.
432(b)(3)).
*
*
*
*
*
PART 104—REPORTS BY POLITICAL
COMMITTEES AND OTHER PERSONS
(2 U.S.C. 434)
21. 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.
§§ 104.3 and 104.8
[Amended]
22. In the table below, for the section
indicated in the left column, remove the
citation indicated in the middle column,
and replace it with the citation
indicated in the right column:
■
Add
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
......................................................
Add
PART 102—REGISTRATION,
ORGANIZATION, AND
RECORDKEEPING BY POLITICAL
COMMITTEES (2 U.S.C. 433)
Remove
104.3(a)(3)(vii)(B) ..............................................
104.3(a)(3)(vii)(B) ..............................................
104.3(b)(2)(iii)(A) ...............................................
104.3(b)(2)(iii)(A) ...............................................
104.3(b)(4)(iii) ....................................................
104.3(b)(4)(iii) ....................................................
104.3(d) .............................................................
104.3(d)(4) .........................................................
104.3(d)(4) .........................................................
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17. The authority citation for part 101
is revised to read as follows:
[Amended]
■
PART 2—SUNSHINE REGULATIONS;
MEETINGS
PART 101—CANDIDATE STATUS AND
DESIGNATIONS (2 U.S.C. 432(e))
100.83
100.143
100.83
100.143
100.83
100.143
100.83
100.83
100.143
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Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations
Section
Remove
104.8(g) .............................................................
104.8(g) .............................................................
104.8(g)(2) .........................................................
100.7(b)(22) ......................................................
100.8(b)(24) ......................................................
100.7(b)(22)(iii) .................................................
100.83
100.143
100.83(c)
PART 110—CONTRIBUTION AND
EXPENDITURE LIMITATIONS AND
PROHIBITIONS
Authority: 2 U.S.C. 431(8), 431(9), 432,
434, 437d(a)(8), 438(a)(8), and 441b.
DEPARTMENT OF TRANSPORTATION
§ 114.10
23. The authority citation for part 110
continues to read as follows:
■
Authority: 2 U.S.C. 431(8), 431(9),
432(c)(2), 437d, 438(a)(8), 441a, 441b, 441d,
441e, 441f, 441g, 441h, and 36 U.S.C. 510.
§ 110.1
[Amended]
24. In paragraph (a) of § 110.1, remove
‘‘110.10’’ and add, in its place, ‘‘100.1’’.
■ 25. Paragraph (f)(2)(i) introductory
text of § 110.14 is revised to read as
follows:
■
§ 110.14 Contributions to and
expenditures by delegates and delegate
committees.
Federal Aviation Administration
[Amended]
30. In paragraph (e)(2)(ii) of § 114.10,
remove ‘‘104.14’’ and add, in its place,
‘‘104.20(b)’’.
14 CFR Part 25
PART 201—EX PARTE
COMMUNICATIONS
Special Conditions: Airbus Model A340
Series Airplanes; Seats With NonTraditional, Large, Non-Metallic Panels
31. The authority citation for part 201
is revised read as follows:
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
■
■
Authority: 2 U.S.C. 437d(a)(8), 437f,
438(a)(8), and 438(b); 26 U.S.C. 9007, 9008,
9009(b), 9038, and 9039(b).
32. Paragraph (c) of § 201.2 is revised
to read as follows:
■
*
*
*
*
*
(f) * * *
(2) * * *
(i) Such expenditures are in-kind
contributions to a Federal candidate if
they are coordinated communications
under 11 CFR 109.21.
*
*
*
*
*
■ 26. In paragraph (a) introductory text
of § 110.17, remove ‘‘110.7’’ and add, in
its place, ‘‘109.32’’.
§ 201.2
Definitions.
*
*
*
*
*
(c) Commissioner means an
individual appointed to the Federal
Election Commission pursuant to 2
U.S.C. 437c(a).
*
*
*
*
*
PART 300—NON-FEDERAL FUNDS
33. The authority citation for part 300
is revised read as follows:
■
PART 113—PERMITTED AND
PROHIBITED USES OF CAMPAIGN
ACCOUNTS
Authority: 2 U.S.C. 434(e), 438(a)(8),
441a(a), 441i, and 453.
27. The authority citation for part 113
is revised to read as follows:
■
Authority: 2 U.S.C. 432(h), 438(a)(8), 439a,
and 441a.
§ 300.31
■
28. In paragraph (g)(8) of § 113.1, the
first sentence is revised to read as
follows:
■
§ 113.1
Definitions (2 U.S.C. 439a).
*
*
*
*
(g) * * *
(8) Recordkeeping. For those uses of
campaign funds described in paragraphs
(g)(1)(i) and (g)(1)(ii) of this section that
involve both personal use and either
campaign or office-holder use, a
contemporaneous log or other record
must be kept to document the dates and
expenses related to the personal use of
the campaign funds. * * *
PART 114—CORPORATE AND LABOR
ORGANIZATION ACTIVITY
29. The authority citation for part 114
is revised to read as follows:
■
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34. Paragraph (g) of § 300.31 is revised
to read as follows:
Receipt of Levin Funds.
*
*
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Add
*
*
*
*
(g) Safe Harbor. The use of a common
vendor for fundraising by more than one
State, district, or local committee of a
political party, or the agent of such a
committee, does not constitute joint
fundraising within the meaning of this
section.
35. The heading of § 300.63 is revised
to read as follows:
■
§ 300.63 Exception for State candidates (2
U.S.C. 441i(e)(2)).
*
*
*
*
*
On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9–30797 Filed 12–31–09; 8:45 am]
BILLING CODE 6715–01–P
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[Docket No. NM423; Special Conditions No.
25–399–SC]
SUMMARY: These special conditions are
issued for the Airbus Model A340 series
airplanes. These airplanes will have a
novel or unusual design feature(s)
associated with seats that include nontraditional, large, non-metallic panels
that would affect survivability during a
post-crash fire event. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: The effective date of these
special conditions is December 28,
2009.
We must receive your comments by
February 18, 2010.
ADDRESSES: You must mail two copies
of your comments to: Federal Aviation
Administration, Transport Airplane
Directorate, Attn: Rules Docket (ANM–
113), Docket No. NM423, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356. You may deliver two
copies to the Transport Airplane
Directorate at the above address. You
must mark your comments: Docket No.
NM423. You can inspect comments in
the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
FOR FURTHER INFORMATION CONTACT:
Alan Sinclair, FAA, Airframe/Cabin
Safety Branch, ANM–115, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–2785;
facsimile (425) 227–2195; e-mail
alan.sinclair@faa.gov.
E:\FR\FM\04JAR1.SGM
04JAR1
]]>Agencies
[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 29-32]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30797]
=======================================================================
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FEDERAL ELECTION COMMISSION
11 CFR Parts 1, 2, 4, 5, 100, 101, 102, 104, 110, 113, 114, 201,
and 300
[Notice 2009-32]
Privacy Act, Government in the Sunshine Act, Freedom of
Information Act (``FOIA''), and Federal Election Campaign Act
(``FECA'') Rules; Corrections
AGENCY: Federal Election Commission.
ACTION: Correcting amendments.
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SUMMARY: The Commission is making technical amendments to various
sections of the Privacy Act, Government in the Sunshine Act, FOIA, and
FECA rules.
DATES: Effective January 4, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant
General Counsel, or Mr. Eugene Lynch, Paralegal, 999 E Street, NW.,
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION:
Background
The final rules that are the subject of these corrections were
published as part of a continuing series of regulations the Commission
promulgated implementing the Privacy Act of 1974, Public Law 93-579, 88
Stat. 1896 (1974), the Government in the Sunshine Act of 1976, Public
Law 94-409, 90 Stat. 1241 (1976), the Freedom of Information Act of
1966, as amended, 5 U.S.C. 552, and the Federal Election Campaign Act
(``FECA'') of 1971, as amended, 2 U.S.C. 431, et seq. Because these
corrections are merely technical, this is not a substantive rule
requiring notice and comment under the Administrative Procedure Act, 5
U.S.C. 553. Under the ``good cause'' exception to the notice and
comment requirements, 5 U.S.C. 553(b)(B) and (d)(3), these corrections
are effective upon publication. Thus, the corrected final rules are
effective January 4, 2010.
Corrections to Privacy Act Rules in Part 1 of Title 11 of the Code of
Federal Regulations
A. Correction to 11 CFR 1.2
The Commission is removing the definition of ``Commissioners'' and
replacing it with a definition of ``Commissioner,'' to read as follows:
``Commissioner means an individual appointed to the Federal Election
Commission pursuant to 2 U.S.C. 437c(a).'' The purpose of this change
is to make the definition of ``Commissioner'' consistent in Commission
regulations. The Commission is also placing the definitions in
alphabetical order to assist the reader in locating a specific
definition.
B. Correction to 11 CFR 1.3
The Commission is correcting an obsolete reference in paragraph (b)
of this section to conform it to updated internal agency procedures by
replacing the term ``Staff Director'' with the term ``Chief Privacy
Officer.''
C. Correction to 11 CFR 1.14
The Commission is correcting a typographical error in paragraph (a)
of this section by replacing the semicolon after the phrase ``2 U.S.C.
438(b)'' with a comma.
Corrections to Government in the Sunshine Act Rules in Part 2 of Title
11 of the Code of Federal Regulations
A. Correction to 11 CFR 2.4
The Commission is correcting erroneous punctuation in paragraph
(b)(1) of this section by replacing the period after the last word of
the paragraph, ``practices,'' with a semicolon.
B. Correction to 11 CFR 2.6
The Commission is correcting erroneous punctuation in paragraph (c)
of this section by inserting a comma after the last instance of the
word ``meeting.''
Corrections to Freedom of Information Act Rules in Part 4 of Title 11
of the Code of Federal Regulations
A. Corrections to 11 CFR 4.5
The Commission is correcting a typographical error in paragraph
(a)(4) of this section by removing the letter ``s'' in the word
``works'' in the second sentence, so that the resulting word is
``work.'' In addition, the Commission is correcting missing words and
capitalization in paragraphs (a)(4)(i), (iii), and (iv) of this section
by inserting the word ``Chief'' in front of the word ``FOIA'' in all
instances where ``FOIA'' appears. Also, in paragraphs (a)(4)(i) and
(iii) of this section, the Commission is capitalizing the first letter
of the word ``officer,'' so that it reads ``Officer.'' In addition, the
Commission is correcting a typographical error in paragraph (b) of this
section by replacing the colon after ``11 CFR 4.5(a)(7)'' with a comma.
Finally, the Commission is correcting a typographical error in
paragraph (b)(2)(i) of this section by replacing the comma after the
word ``pendency'' with a semicolon.
B. Corrections to 11 CFR 4.7
The Commission is correcting a missing word and a typographical
error in paragraph (b)(1) of this section by replacing the term ``FOIA
officer'' with ``Chief FOIA Officer.''
C. Correction to 11 CFR 4.7, 4.8, and 5.5
The Commission is inserting the word ``Chief'' directly before all
instances of the term ``FOIA Officer'' in paragraph (i) of section 4.7,
paragraph (c) of section 4.8, and paragraph (c) of section 5.5.
D. Correction to 11 CFR 4.9
The Commission is correcting a typographical error in paragraph
(c)(1)(iv) of this section, by changing the second sentence of the
paragraph to read as follows: ``Requests from persons for records about
themselves will continue to be treated under the fee provisions of the
Privacy Act of 1974, which permit fees only for duplication.''
Corrections to FECA Rules in Subchapters A and C in Title 11 of the
Code of Federal Regulations
A. Correction to 11 CFR 100.89
The Commission is correcting an incorrect citation in paragraph (f)
of this section by replacing the reference to 11 CFR 100.78(d) at the
end of the section with ``paragraph (d) of this section.''
[[Page 30]]
B. Corrections to 11 CFR 101.3
The Commission is correcting two incorrect citations in this
section by replacing the references to 11 CFR 100.7(b)(1) and
100.8(b)(1) with 11 CFR 100.72 and 100.131, respectively.
C. Correction to 11 CFR 102.15
The Commission is correcting the heading to this section by
replacing the reference to 2 U.S.C. 432(a)(3) with 2 U.S.C. 432(b)(3).
D. Corrections to 11 CFR 104.3
The Commission is correcting incorrect citations in paragraphs
(a)(3)(vii)(B), (b)(2)(iii)(A), (b)(4)(iii), (d), and (d)(4) of this
section by replacing all references to 11 CFR 100.7(b)(22) with 11 CFR
100.83, and by replacing all references to 100.8(b)(24) with 100.143.
E. Corrections to 11 CFR 104.8
The Commission is correcting two incorrect citations in paragraph
(g) this section, by replacing the references to 11 CFR 100.7(b)(22)
and 100.8(b)(24) with 11 CFR 100.83 and 100.143, respectively. The
Commission is also correcting an incorrect citation in paragraph (g)(2)
by replacing the reference to 11 CFR 100.7(b)(22)(iii) with 11 CFR
100.83(c).
F. Correction to 11 CFR 110.1
The Commission is correcting an incorrect citation in paragraph (a)
of this section by changing the reference to 11 CFR 110.10 to 11 CFR
100.10.
G. Correction to 11 CFR 110.14
The Commission is correcting an inadvertent duplication of language
in paragraph (f)(2)(i) of this section, governing expenditures by
delegates for public political advertising that refers to candidates
for public office. The duplicated language is from paragraph (f)(2)(ii)
of this section, which concerns expenditures by delegates for
communications that are not coordinated with candidates. As revised,
paragraph (f)(2)(i) provides that delegate communications are in-kind
contributions to a Federal candidate if they are coordinated
communications under 11 CFR 109.21. This change is necessary to bring
the rules governing delegates into alignment with the rules governing
delegate committees in 11 CFR 110.14(i)(2) and coordinated
communications in 11 CFR 109.21.
H. Correction to 11 CFR 110.17
The Commission is correcting an incorrect citation in paragraph (a)
of this section by replacing the reference to 11 CFR 110.7 with 11 CFR
109.32. Thus, the relevant part of the sentence will read ``* * *
expenditures established by 11 CFR 109.32 and 110.8 shall be increased
* * *''
I. Correction to 11 CFR 113.1
The Commission is correcting the first sentence of paragraph (g)(8)
of this section by deleting the word ``proposed'' directly before the
word ``paragraphs.''
J. Corrections to 11 CFR 114.10
The Commission is removing the Editorial Note at the end of this
section, on page 234 of the 2009 Code of Federal Regulations, in its
entirety. In addition, the Commission is correcting a citation in
paragraph (e)(2)(ii) of this section by replacing the reference to 11
CFR 104.14 with 11 CFR 104.20(b).
K. Corrections to 11 CFR 201.2
The Commission is changing the definition of ``Commissioner'' in
paragraph (c) of this section to read as follows: ``Commissioner means
an individual appointed to the Federal Election Commission pursuant to
2 U.S.C. 437c(a).'' The purpose of this change is to make the
definition of ``Commissioner'' consistent in Commission regulations.
L. Correction to 11 CFR 300.31
The Commission is correcting a typographical error in paragraph (g)
of this section by replacing the phrase ``State, district, or local
committee or a political party'' with ``State, district, or local
committee of a political party.''
M. Correction to the Heading of 11 CFR 300.63
The Commission is correcting the heading to this section by
removing the word ``party.''
Corrections to Various Rules Throughout Title 11, Chapter 1 of the Code
of Federal Regulations
A. Corrections to the Authority Citations for 11 CFR Parts 2, 101, 102,
113, 114, 201, and 300
The Commission is correcting the authority citations located in
each of these parts. For part 2, the Commission is removing the
redundant reference to the public law from the authority citation. For
parts 101, 102, 113, 114, 201, and 300, the Commission is adding the
word ``and'' before the last statutory reference in the authority
citations to conform them to other authority citations in 11 CFR, and
to make clear that there are no additional statutory references.
List of Subjects
11 CFR Part 1
Privacy.
11 CFR Part 2
Sunshine Act.
11 CFR Part 4
Freedom of information.
11 CFR Part 5
Archives and records.
11 CFR Part 100
Elections.
11 CFR Part 101
Political candidates, Reporting and recordkeeping requirements.
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 113
Campaign funds.
11 CFR Part 114
Business and industry, Elections, Labor.
11 CFR Part 201
Administrative practice and procedure.
11 CFR Part 300
Campaign funds, Nonprofit organizations, Political committees and
parties, Political candidates, Reporting and recordkeeping
requirements.
0
For the reasons set out in the preamble, 11 CFR parts 1, 2, 4, and 5,
and subchapters A and C of chapter 1 of title 11 of the Code of Federal
Regulations, are amended as follows:
PART 1--PRIVACY ACT
0
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
2. In Sec. 1.2, arrange the existing definitions in alphabetical
order, remove the definition of ``Commissioners,'' and add a definition
of ``Commissioner'' to read as follows:
Sec. 1.2 Definitions.
* * * * *
[[Page 31]]
Commissioner means an individual appointed to the Federal Election
Commission pursuant to 2 U.S.C. 437c(a).
* * * * *
Sec. 1.3 [Amended]
0
3. In paragraph (b) of Sec. 1.3, remove the words ``Staff Director''
and add, in their place, the words ``Chief Privacy Officer''.
Sec. 1.14 [Amended]
0
4. In paragraph (a) of Sec. 1.14, remove the semicolon after ``2
U.S.C. 438(b)'' and add, in its place, a comma.
PART 2--SUNSHINE REGULATIONS; MEETINGS
0
5. The authority citation for part 2 is revised to read as follows:
Authority: 5 U.S.C. 552b.
Sec. 2.4 [Amended]
0
6. In paragraph (b)(1) introductory text of Sec. 2.4, remove the
period after the word ``practices'' and add, in its place, a semicolon.
Sec. 2.6 [Amended]
0
7. In paragraph (c) of Sec. 2.6, add a comma after the last occurrence
of the word ``meeting.''
PART 4--PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT
0
8. The authority citation for part 4 continues to read as follows:
Authority: 5 U.S.C. 552, as amended.
Sec. 4.5 [Amended]
0
9. Amend Sec. 4.5 as follows:
0
a. In the introductory text of paragraph (a)(4), remove the letter
``s'' from the word ``works'' in the second sentence.
0
b. In paragraphs (a)(4)(i) and (iii), remove the words ``FOIA officer''
and add, in their place, the words ``Chief FOIA Officer.''
0
c. In paragraph (a)(4)(iv), remove the words ``FOIA Officer'' in both
places where they occur and add, in their place, the words ``Chief FOIA
Officer.''
0
d. In the introductory text of paragraph (b), remove the colon after
``11 CFR 4.5(a)(7)'' and add, in its place, a semicolon.
0
e. In paragraph (b)(2)(i), remove the comma after the word ``pendency''
and add, in its place, a semicolon.
Sec. 4.7 [Amended]
0
10. In paragraph (b)(1) of Sec. 4.7, remove the words ``FOIA officer''
and add, in their place, the words ``Chief FOIA Officer''.
Sec. 4.8 [Amended]
0
11. In paragraph (c) of Sec. 4.8, remove the words ``FOIA Officer''
and add, in their place, the words ``Chief FOIA Officer''.
0
12. In paragraph (c)(1)(iv) of Sec. 4.9, the second sentence is
revised to read as follows:
Sec. 4.9 Fees.
* * * * *
(c) * * *
(1) * * *
(iv) * * * Requests from persons for records about themselves will
continue to be treated under the fee provisions of the Privacy Act of
1974, which permit fees only for duplication. * * *
* * * * *
PART 5--ACCESS TO PUBLIC DISCLOSURE DIVISION DOCUMENTS
0
13. The authority citation for part 5 continues to read as follows:
Authority: 2 U.S.C. 437f(d), 437g(a)(4)(B)(ii), 438(a), and 31
U.S.C. 9701.
Sec. 5.5 [Amended]
0
14. In paragraph (c) of Sec. 5.5, remove the words ``FOIA officer''
and add, in their place, the words ``Chief FOIA Officer''.
PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)
0
15. The authority citation for part 100 continues to read as follows:
Authority: 2 U.S.C. 431, 434, 438(a)(8), and 439a(c).
Sec. 100.89 [Amended]
0
16. In paragraph (f) of Sec. 100.89, remove ``100.78(d)'' and add, in
its place, the words ``paragraph (d) of this section''.
PART 101--CANDIDATE STATUS AND DESIGNATIONS (2 U.S.C. 432(e))
0
17. The authority citation for part 101 is revised to read as follows:
Authority: 2 U.S.C. 432(e), 434(a)(11), and 438(a)(8).
Sec. 101.3 [Amended]
0
18. In the table below, for the section indicated in the left column,
remove the citation indicated in the middle column, and replace it with
the citation indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
101.3.............................. 100.7(b)(1).......... 100.72
101.3.............................. 100.8(b)(1).......... 100.131
------------------------------------------------------------------------
PART 102--REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY
POLITICAL COMMITTEES (2 U.S.C. 433)
0
19. The authority citation for part 102 is revised to read as follows:
Authority: 2 U.S.C. 432, 433, 434(a)(11), 438(a)(8), and 441(d).
0
20. The heading of Sec. 102.15 is revised to read as follows:
Sec. 102.15 Commingled funds (2 U.S.C. 432(b)(3)).
* * * * *
PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2
U.S.C. 434)
0
21. 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. Sec. 104.3 and 104.8 [Amended]
0
22. In the table below, for the section indicated in the left column,
remove the citation indicated in the middle column, and replace it with
the citation indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
104.3(a)(3)(vii)(B)............. 100.7(b)(22)...... 100.83
104.3(a)(3)(vii)(B)............. 100.8(b)(24)...... 100.143
104.3(b)(2)(iii)(A)............. 100.7(b)(22)...... 100.83
104.3(b)(2)(iii)(A)............. 100.8(b)(24)...... 100.143
104.3(b)(4)(iii)................ 100.7(b)(22)...... 100.83
104.3(b)(4)(iii)................ 100.8(b)(24)...... 100.143
104.3(d)........................ 100.7(b)(22)...... 100.83
104.3(d)(4)..................... 100.7(b)(22)...... 100.83
104.3(d)(4)..................... 100.8(b)(24)...... 100.143
[[Page 32]]
104.8(g)........................ 100.7(b)(22)...... 100.83
104.8(g)........................ 100.8(b)(24)...... 100.143
104.8(g)(2)..................... 100.7(b)(22)(iii). 100.83(c)
------------------------------------------------------------------------
PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS
0
23. The authority citation for part 110 continues to read as follows:
Authority: 2 U.S.C. 431(8), 431(9), 432(c)(2), 437d, 438(a)(8),
441a, 441b, 441d, 441e, 441f, 441g, 441h, and 36 U.S.C. 510.
Sec. 110.1 [Amended]
0
24. In paragraph (a) of Sec. 110.1, remove ``110.10'' and add, in its
place, ``100.1''.
0
25. Paragraph (f)(2)(i) introductory text of Sec. 110.14 is revised to
read as follows:
Sec. 110.14 Contributions to and expenditures by delegates and
delegate committees.
* * * * *
(f) * * *
(2) * * *
(i) Such expenditures are in-kind contributions to a Federal
candidate if they are coordinated communications under 11 CFR 109.21.
* * * * *
0
26. In paragraph (a) introductory text of Sec. 110.17, remove
``110.7'' and add, in its place, ``109.32''.
PART 113--PERMITTED AND PROHIBITED USES OF CAMPAIGN ACCOUNTS
0
27. The authority citation for part 113 is revised to read as follows:
Authority: 2 U.S.C. 432(h), 438(a)(8), 439a, and 441a.
0
28. In paragraph (g)(8) of Sec. 113.1, the first sentence is revised
to read as follows:
Sec. 113.1 Definitions (2 U.S.C. 439a).
* * * * *
(g) * * *
(8) Recordkeeping. For those uses of campaign funds described in
paragraphs (g)(1)(i) and (g)(1)(ii) of this section that involve both
personal use and either campaign or office-holder use, a
contemporaneous log or other record must be kept to document the dates
and expenses related to the personal use of the campaign funds. * * *
PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY
0
29. The authority citation for part 114 is revised to read as follows:
Authority: 2 U.S.C. 431(8), 431(9), 432, 434, 437d(a)(8),
438(a)(8), and 441b.
Sec. 114.10 [Amended]
0
30. In paragraph (e)(2)(ii) of Sec. 114.10, remove ``104.14'' and add,
in its place, ``104.20(b)''.
PART 201--EX PARTE COMMUNICATIONS
0
31. The authority citation for part 201 is revised read as follows:
Authority: 2 U.S.C. 437d(a)(8), 437f, 438(a)(8), and 438(b); 26
U.S.C. 9007, 9008, 9009(b), 9038, and 9039(b).
0
32. Paragraph (c) of Sec. 201.2 is revised to read as follows:
Sec. 201.2 Definitions.
* * * * *
(c) Commissioner means an individual appointed to the Federal
Election Commission pursuant to 2 U.S.C. 437c(a).
* * * * *
PART 300--NON-FEDERAL FUNDS
0
33. The authority citation for part 300 is revised read as follows:
Authority: 2 U.S.C. 434(e), 438(a)(8), 441a(a), 441i, and 453.
0
34. Paragraph (g) of Sec. 300.31 is revised to read as follows:
Sec. 300.31 Receipt of Levin Funds.
* * * * *
(g) Safe Harbor. The use of a common vendor for fundraising by more
than one State, district, or local committee of a political party, or
the agent of such a committee, does not constitute joint fundraising
within the meaning of this section.
0
35. The heading of Sec. 300.63 is revised to read as follows:
Sec. 300.63 Exception for State candidates (2 U.S.C. 441i(e)(2)).
* * * * *
On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9-30797 Filed 12-31-09; 8:45 am]
BILLING CODE 6715-01-P
