Policy Statement Establishing a Pilot Program for Requesting Consideration of Legal Questions by the Commission, 42088-42089 [2010-17646]

Download as PDF wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 42088 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices Experts’’ link on the blue navigational bar on the SAB Web site at https:// www.epa.gov/sab. To receive full consideration, nominations should include all of the information requested. EPA’s SAB Staff Office requests: contact information about the person making the nomination; contact information about the nominee; the disciplinary and specific areas of expertise of the nominee; the nominee’s curriculum vita; sources of recent grant and/or contract support; and a biographical sketch of the nominee indicating current position, educational background, research activities, and recent service on other national advisory committees or national professional organizations. Persons having questions about the nomination procedures, or who are unable to submit nominations through the SAB Web site, should contact Mr. Edward Hanlon, DFO, as indicated above in this notice. Nominations should be submitted in time to arrive no later than August 10, 2010. In an effort to obtain nominations of diverse candidates, EPA encourages nominations of women and men of all racial and ethnic groups. The EPA SAB Staff Office will acknowledge receipt of nominations. The names and biosketches of qualified nominees identified by respondents to this Federal Register notice, and additional experts identified by the SAB Staff, will be posted in a List of Candidates on the SAB Web site at https://www.epa.gov/sab. Public comments on this List of Candidates will be accepted for 21 calendar days. The public will be requested to provide relevant information or other documentation on nominees that the SAB Staff Office should consider in evaluating candidates. For the EPA SAB Staff Office, a balanced subcommittee or review panel includes candidates who possess the necessary domains of knowledge, the relevant scientific perspectives (which, among other factors, can be influenced by work history and affiliation), and the collective breadth of experience to adequately address the charge. In forming this expert ad hoc Hydraulic Fracturing Review Panel, the SAB Staff Office will consider public comments on the List of candidates, information provided by the candidates themselves, and background information independently gathered by the SAB Staff Office. Selection criteria to be used for Panel membership include: (a) Scientific and/or technical expertise, knowledge, and experience (primary factors); (b) availability and willingness to serve; (c) absence of financial VerDate Mar<15>2010 15:23 Jul 19, 2010 Jkt 220001 conflicts of interest; (d) absence of an appearance of a lack of impartiality; and (e) skills working in committees, subcommittees and advisory panels; and, for the Panel as a whole, (f) diversity of expertise and viewpoints. EPA values and welcomes diversity. In an effort to increase diversity, we seek nominations of women and men of all racial and ethnic groups. The SAB Staff Office’s evaluation of an absence of financial conflicts of interest will include a review of the ‘‘Confidential Financial Disclosure Form for Special Government Employees Serving on Federal Advisory Committees at the U.S. Environmental Protection Agency’’ (EPA Form 3110– 48). This confidential form allows Government officials to determine whether there is a statutory conflict between that person’s public responsibilities (which includes membership on an EPA Federal advisory committee) and private interests and activities, or the appearance of a lack of impartiality, as defined by Federal regulation. The form may be viewed and downloaded from the following URL address https:// www.epa.gov/sab/pdf/epaform3110– 48.pdf. The approved policy under which the EPA SAB Office selects subcommittees and review panels is described in the following document: Overview of the Panel Formation Process at the Environmental Protection Agency Science Advisory Board (EPA–SAB–EC– 02–010), which is posted on the SAB Web site at https://www.epa.gov/sab/pdf/ ec02010.pdf. Dated: July 13, 2010. Anthony F. Maciorowski, Deputy Director, EPA Science Advisory Board Staff Office. [FR Doc. 2010–17682 Filed 7–19–10; 8:45 am] BILLING CODE 6560–50–P FEDERAL ELECTION COMMISSION [Notice 2010–13] Policy Statement Establishing a Pilot Program for Requesting Consideration of Legal Questions by the Commission Federal Election Commission. Policy statement. AGENCY: ACTION: SUMMARY: The Federal Election Commission (‘‘Commission’’) is adopting a new pilot program for a procedure to provide a means for persons and entities to have a legal question considered by the Commission earlier in both the report review process and the audit process. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 DATES: Effective July 20, 2010. Mr. Lawrence Calvert, Jr., Associate General Counsel, or Lorenzo Holloway, Assistant General Counsel, 999 E Street, NW., Washington, DC 20463, (202) 694– 1650 or (800) 424–9530. SUPPLEMENTARY INFORMATION: The Commission is adopting a new procedure to provide a means for persons and entities to have a legal question considered by the Commission earlier in both the report review process and the audit process. Specifically, when the Office of Compliance (‘‘OC’’) (which includes the Report Analysis Division and the Audit Division) requests that a person or entity take corrective action during the report review or audit process, if the person or entity disagrees with the request based upon a material dispute on a question of law, the person or entity may seek Commission consideration of the issue pursuant to this procedure. FOR FURTHER INFORMATION CONTACT: I. Procedures Within 15 days of a determination by the Reports Analysis Division or Audit Division that a person or entity remains obligated to take corrective action to resolve an issue that has arisen during the report review or audit process, the person or entity may seek Commission consideration if a material dispute on a question of law exists with respect to the recommended corrective action.1 Any request for consideration by a committee during the report review process or the audit process shall be limited to questions of law on material issues, when: (1) The legal issue is novel, complex, or pertains to an unsettled question of law; (2) there has been intervening legislation, rulemaking, or litigation since the Commission last considered the issue; or (3) the request is contrary to or otherwise inconsistent with prior Commission matters dealing with the same issue. The request must specify the question of law at issue and why it is subject to Commission consideration. It should discuss, when appropriate, prior Commission matters raising the same issue, relevant court decisions, and any other analysis of the issue that may assist the Commission in its decision-making. The Commission will not consider factual disputes under this procedure, and any requests for consideration other than on questions of law on material issues will not be granted. 1 Many disputes involving corrective action requests hinge on questions of fact rather than questions of law, and thus are not appropriate for this procedure. E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices All requests should be directed to the Commission Secretary, Federal Election Commission, 999 E Street, NW., Washington, DC 20463. Upon receipt of such a request, the Commission Secretary shall forward a copy to each Commissioner, the General Counsel, and the Staff Director. Within five business days of notification to the Commissioners, if two or more Commissioners agree that the Commission should consider the issue, the Office of General Counsel (‘‘OGC’’) will prepare a recommendation and, within 15 business days thereafter, circulate the recommendation in accordance with all applicable Commission directives. After the recommendation is circulated for a Commission vote, in the event of an objection, the matter shall be automatically placed on the next meeting agenda consistent with the Sunshine Act, 5 U.S.C. 552b(g), and applicable Commission regulations, 11 CFR part 2. However, if within 60 business days of the filing of a request for consideration, the Commission has not resolved the issue or provided guidance on how to proceed with the matter by the affirmative vote of four or more Commissioners, the OC may proceed with the matter. This procedure is not intended to circumvent or supplant the Advisory Opinion process provided under 2 U.S.C. 437f and 11 CFR part 112. Accordingly, any legal issues that qualify for consideration under the Advisory Opinion process are not appropriate for consideration under this new procedure. Additionally, this policy statement does not supersede the procedures regarding eligibility and entitlement to public funds set forth in Commission Directive 24 and 11 CFR 9005.1, 9033.4, 9033.6, or 9033.10. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 II. Pilot Program This agency procedure is being established as a pilot program. The pilot program will last one year from the time that this policy is approved. After one year, a vote will be scheduled on whether the program should continue. Four affirmative votes will be required to extend or make permanent the program. The program will be terminated after that vote if there are not four affirmative votes to make the program permanent or to extend it for some time period. The Commission may terminate or modify this pilot program through additional policy statements prior to the twelfth month of the pilot program by an affirmative vote of four of its members. Dated: July 15, 2010. VerDate Mar<15>2010 15:23 Jul 19, 2010 Jkt 220001 On behalf of the Commission. Matthew S. Petersen, Chairman, Federal Election Commission. [FR Doc. 2010–17646 Filed 7–19–10; 8:45 am] BILLING CODE 6715–01–P FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request AGENCY: Board of Governors of the Federal Reserve System. SUMMARY: Background. On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act (PRA), as per 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth in 5 CFR 1320 Appendix A.1. Boardapproved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instruments are placed into OMB’s public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Request for Comment on Information Collection Proposal The following information collection, which is being handled under this delegated authority, has received initial Board approval and is hereby published for comment. At the end of the comment period, the proposed information collection, along with an analysis of comments and recommendations received, will be submitted to the Board for final approval under OMB delegated authority. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve’s functions; including whether the information has practical utility; b. The accuracy of the Federal Reserve’s estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 42089 c. Ways to enhance the quality, utility, and clarity of the information to be collected; and d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Comments must be submitted on or before September 20, 2010. ADDRESSES: You may submit comments, identified by Regulation F, by any of the following methods: • Agency Web Site: https:// www.federalreserve.gov. Follow the instructions for submitting comments at https://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: regs.comments@federalreserve.gov. Include docket number in the subject line of the message. • Fax: 202/452–3819 or 202/452– 3102. • Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board’s Web site at https:// www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room MP–500 of the Board’s Martin Building (20th and C Streets, NW.) between 9 a.m. and 5 p.m. on weekdays. Additionally, commenters should send a copy of their comments to the OMB Desk Officer by mail to the Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street, NW., Washington, DC 20503 or by fax to 202– 395–6974. FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission, including the proposed reporting form and instructions, supporting statement, and other documentation will be placed into OMB’s public docket files, once approved. These documents will also be made available on the Federal Reserve Board’s public Web site at: https:// www.federalreserve.gov/boarddocs/ reportforms/review.cfm or may be requested from the agency clearance officer, whose name appears below. E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Pages 42088-42089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17646]


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FEDERAL ELECTION COMMISSION

[Notice 2010-13]


Policy Statement Establishing a Pilot Program for Requesting 
Consideration of Legal Questions by the Commission

AGENCY: Federal Election Commission.

ACTION: Policy statement.

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

SUMMARY: The Federal Election Commission (``Commission'') is adopting a 
new pilot program for a procedure to provide a means for persons and 
entities to have a legal question considered by the Commission earlier 
in both the report review process and the audit process.

DATES: Effective July 20, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Lawrence Calvert, Jr., Associate 
General Counsel, or Lorenzo Holloway, Assistant General Counsel, 999 E 
Street, NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Commission is adopting a new procedure 
to provide a means for persons and entities to have a legal question 
considered by the Commission earlier in both the report review process 
and the audit process. Specifically, when the Office of Compliance 
(``OC'') (which includes the Report Analysis Division and the Audit 
Division) requests that a person or entity take corrective action 
during the report review or audit process, if the person or entity 
disagrees with the request based upon a material dispute on a question 
of law, the person or entity may seek Commission consideration of the 
issue pursuant to this procedure.

I. Procedures

    Within 15 days of a determination by the Reports Analysis Division 
or Audit Division that a person or entity remains obligated to take 
corrective action to resolve an issue that has arisen during the report 
review or audit process, the person or entity may seek Commission 
consideration if a material dispute on a question of law exists with 
respect to the recommended corrective action.\1\
---------------------------------------------------------------------------

    \1\ Many disputes involving corrective action requests hinge on 
questions of fact rather than questions of law, and thus are not 
appropriate for this procedure.
---------------------------------------------------------------------------

    Any request for consideration by a committee during the report 
review process or the audit process shall be limited to questions of 
law on material issues, when: (1) The legal issue is novel, complex, or 
pertains to an unsettled question of law; (2) there has been 
intervening legislation, rulemaking, or litigation since the Commission 
last considered the issue; or (3) the request is contrary to or 
otherwise inconsistent with prior Commission matters dealing with the 
same issue. The request must specify the question of law at issue and 
why it is subject to Commission consideration. It should discuss, when 
appropriate, prior Commission matters raising the same issue, relevant 
court decisions, and any other analysis of the issue that may assist 
the Commission in its decision-making. The Commission will not consider 
factual disputes under this procedure, and any requests for 
consideration other than on questions of law on material issues will 
not be granted.

[[Page 42089]]

    All requests should be directed to the Commission Secretary, 
Federal Election Commission, 999 E Street, NW., Washington, DC 20463. 
Upon receipt of such a request, the Commission Secretary shall forward 
a copy to each Commissioner, the General Counsel, and the Staff 
Director. Within five business days of notification to the 
Commissioners, if two or more Commissioners agree that the Commission 
should consider the issue, the Office of General Counsel (``OGC'') will 
prepare a recommendation and, within 15 business days thereafter, 
circulate the recommendation in accordance with all applicable 
Commission directives. After the recommendation is circulated for a 
Commission vote, in the event of an objection, the matter shall be 
automatically placed on the next meeting agenda consistent with the 
Sunshine Act, 5 U.S.C. 552b(g), and applicable Commission regulations, 
11 CFR part 2. However, if within 60 business days of the filing of a 
request for consideration, the Commission has not resolved the issue or 
provided guidance on how to proceed with the matter by the affirmative 
vote of four or more Commissioners, the OC may proceed with the matter.
    This procedure is not intended to circumvent or supplant the 
Advisory Opinion process provided under 2 U.S.C. 437f and 11 CFR part 
112. Accordingly, any legal issues that qualify for consideration under 
the Advisory Opinion process are not appropriate for consideration 
under this new procedure. Additionally, this policy statement does not 
supersede the procedures regarding eligibility and entitlement to 
public funds set forth in Commission Directive 24 and 11 CFR 9005.1, 
9033.4, 9033.6, or 9033.10.

II. Pilot Program

    This agency procedure is being established as a pilot program. The 
pilot program will last one year from the time that this policy is 
approved. After one year, a vote will be scheduled on whether the 
program should continue. Four affirmative votes will be required to 
extend or make permanent the program. The program will be terminated 
after that vote if there are not four affirmative votes to make the 
program permanent or to extend it for some time period. The Commission 
may terminate or modify this pilot program through additional policy 
statements prior to the twelfth month of the pilot program by an 
affirmative vote of four of its members.

    Dated: July 15, 2010.

    On behalf of the Commission.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2010-17646 Filed 7-19-10; 8:45 am]
BILLING CODE 6715-01-P
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