Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the Commission, 45798-45799 [2011-19312]

Download as PDF 45798 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices (See chart below for the closing date for each report). Note that these reports are in addition to the campaign committee’s year-end filing in January 2012. (See chart below for the closing date for each report). Unauthorized Committees (PACs and Party Committees) Political committees filing on a semiannual basis in 2011 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the New York Special General Election by the close of books for the applicable report(s). (See chart below for the closing date for each report). Committees filing monthly that make contributions or expenditures in connection with the New York Special General Election will continue to file according to the monthly reporting schedule. Additional disclosure information in connection with the New York Special Election may be found on the FEC Web site at http://www.fec.gov/info/ report_dates_2011.shtml. Disclosure of Lobbyist Bundling Activity Campaign committees, party committees and Leadership PACs that are otherwise required to file reports in connection with the special elections must simultaneously file FEC Form 3L if they receive two or more bundled contributions from lobbyists/registrants or lobbyist/registrant PACs that aggregate in excess of $16,200 during the special election reporting periods (see charts below for closing date of each period). 11 CFR 104.22(a)(5)(v). CALENDAR OF REPORTING DATES FOR NEW YORK SPECIAL ELECTION—COMMITTEES INVOLVED IN THE SPECIAL GENERAL (09/13/11) MUST FILE Report Close of books 1 Pre-General ............................................................................................................................................... Post-General .............................................................................................................................................. October Quarterly ...................................................................................................................................... Year-End .................................................................................................................................................... 08/24/11 10/03/11 .................... 12/31/11 Reg./cert. & overnight mailing deadline 08/29/11 10/13/11 WAIVED 01/31/12 Filing deadline 09/01/11 10/13/11 01/31/12 1 These dates indicate the beginning and the end of the reporting period. A 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. On behalf of the Commission, Dated: July 25, 2011. Cynthia L. Bauerly, Chair, Federal Election Commission. contact Shawn Woodhead Werth, Commission Secretary and Clerk, at (202) 694–1040, at least 72 hours prior to the hearing date. PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer, Telephone: (202) 694–1220. [FR Doc. 2011–19311 Filed 7–29–11; 8:45 am] BILLING CODE 6715–01–P FEDERAL ELECTION COMMISSION Shawn Woodhead Werth, Secretary and Clerk of the Commission. Sunshine Act Notice [FR Doc. 2011–19547 Filed 7–28–11; 4:15 pm] Federal Election Commission. DATE AND TIME: Thursday, August 4, 2011 at 10 a.m. PLACE: 999 E Street, NW., Washington, DC (Ninth Floor) STATUS: This meeting will be open to the public. ITEMS TO BE DISCUSSED: Correction and Approval of the Minutes for the Meeting of July 21, 2011 Draft Advisory Opinion 2011–14: Utah Bankers Association and Utah Bankers Association Action PAC Proposed Final Audit Report on John Edwards for President Audit Division Recommendation Memorandum on Nader for President 2008 (NFP) Management and Administrative Matters Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should srobinson on DSK4SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 17:45 Jul 29, 2011 Jkt 223001 BILLING CODE 6715–01–P FEDERAL ELECTION COMMISSION [Notice 2011–11] Policy Statement Regarding a Program for Requesting Consideration of Legal Questions by the Commission Federal Election Commission. Policy Statement. AGENCY: ACTION: The Federal Election Commission (‘‘Commission’’) is adopting a program providing for a means by which persons and entities may have a legal question considered by the Commission earlier in both the report review process and the audit process. SUMMARY: DATES: Effective August 1, 2011. FOR FURTHER INFORMATION CONTACT: Lorenzo Holloway, Assistant General Counsel, or Allison T. Steinle, Attorney, PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 999 E Street, NW., Washington, DC 20463, (202) 694–1650 or (800) 424– 9530. The Commission is adopting a program providing for a means by which persons and entities may 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 Reports 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. SUPPLEMENTARY INFORMATION: I. Procedures Within 15 business 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 E:\FR\FM\01AUN1.SGM 01AUN1 srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices corrective action.1 A ‘‘determination’’ for purposes of triggering the 15 business days is either: (1) notification to the person or entity of legal guidance prepared by the Office of General Counsel (‘‘OGC’’) at the request of the Reports Analysis Division recommending the corrective action; or (2) the end of the Committee’s Audit Exit Conference response period. 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 to take corrective action 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 decisionmaking. 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. All requests, including any extension requests, should be directed to the Commission Secretary, Federal Election Commission, 999 E Street, NW., Washington, DC 20463, and must be received within 15 business days of the determination of corrective action. Upon receipt of a request, the Commission Secretary shall forward a copy of any request to each Commissioner, the General Counsel, and the Staff Director. Any request for an extension of time to file will be considered on a case-bycase basis and will only be granted if good cause is shown, and the Commission approves the extension request by four affirmative votes within five business days of receipt of the extension request. Within five business days of notification to the Commissioners of a request for consideration of a legal question, if two or more Commissioners agree that the Commission should consider the request, OGC will prepare a 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. VerDate Mar<15>2010 17:45 Jul 29, 2011 Jkt 223001 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. After the 60 business days has elapsed, any requestor will be provided a copy of OGC’s recommendation memorandum and an accompanying vote certification, or if no such certification exists, a cover page stating the disposition of the memoranda. Confidential information will be redacted as necessary. After the request review process has concluded, or a Final Audit Report has been approved, a copy of the request for consideration, as well as the recommendation memorandum and accompanying vote certification or disposition memorandum, will be placed with the Committee’s filings or audit documents on the Commission’s website within 30 days. These materials will also be placed a Commission webpage dedicated to legal questions considered by the Commission under this program. 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. Annual Review No later than July 1 of each year, the OC and OGC shall jointly prepare and distribute to the Commission a written report containing a summary of the requests made under the program over the previous year and a summary of the Commission’s consideration of those requests and any action taken thereon. The annual report shall also include the Chief Compliance Officer’s and the General Counsel’s assessment of whether, and to what extent, the PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 45799 program has promoted efficiency and fairness in both the Commission’s report review process and in the audit process, as well as their recommendations, if any, for modifications to the program. The Commission may terminate or modify this program through additional policy statements at any time by an affirmative vote of four of its members. Dated: July 26, 2011. Cynthia L. Bauerly, Chair, Federal Election Commission. [FR Doc. 2011–19312 Filed 7–29–11; 8:45 am] BILLING CODE 6715–01–P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Notice July 25, 2011. 10 a.m., Thursday, August 4, 2011. PLACE: The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey Avenue, NW., Washington, DC. STATUS: Open. MATTERS TO BE CONSIDERED: The Commission will hear oral argument in the following matters: Big Ridge, Inc., Docket Nos. LAKE 2011–116–R, et al., and Peabody Midwest Mining, LLC, Docket Nos. LAKE 2011–118–R, et al. (Issues include whether the Commission should grant an application for temporary relief from orders issued by the Secretary of Labor requiring that mine operators provide certain information and records to the Secretary.) Any person attending this oral argument who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and § 2706.160(d). CONTACT PERSON FOR MORE INFO: Jean Ellen (202) 434–9950 / (202) 708–9300 for TDD Relay / 1–800–877–8339 for toll free. TIME AND DATE: Emogene Johnson, Administrative Assistant. [FR Doc. 2011–19462 Filed 7–28–11; 11:15 am] BILLING CODE 6735–01–P FEDERAL TRADE COMMISSION Agency Information Collection Activities; Submission for OMB Review; Comment Request Federal Trade Commission (‘‘Commission’’ or ‘‘FTC’’). AGENCY: E:\FR\FM\01AUN1.SGM 01AUN1

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[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45798-45799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19312]


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FEDERAL ELECTION COMMISSION

[Notice 2011-11]


Policy Statement Regarding a 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 
program providing for a means by which persons and entities may have a 
legal question considered by the Commission earlier in both the report 
review process and the audit process.

DATES: Effective August 1, 2011.

FOR FURTHER INFORMATION CONTACT: Lorenzo Holloway, Assistant General 
Counsel, or Allison T. Steinle, Attorney, 999 E Street, NW., 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Commission is adopting a program 
providing for a means by which persons and entities may 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 Reports 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 business 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

[[Page 45799]]

corrective action.\1\ A ``determination'' for purposes of triggering 
the 15 business days is either: (1) notification to the person or 
entity of legal guidance prepared by the Office of General Counsel 
(``OGC'') at the request of the Reports Analysis Division recommending 
the corrective action; or (2) the end of the Committee's Audit Exit 
Conference response period.
---------------------------------------------------------------------------

    \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 to take corrective action 
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.
    All requests, including any extension requests, should be directed 
to the Commission Secretary, Federal Election Commission, 999 E Street, 
NW., Washington, DC 20463, and must be received within 15 business days 
of the determination of corrective action. Upon receipt of a request, 
the Commission Secretary shall forward a copy of any request to each 
Commissioner, the General Counsel, and the Staff Director.
    Any request for an extension of time to file will be considered on 
a case-by-case basis and will only be granted if good cause is shown, 
and the Commission approves the extension request by four affirmative 
votes within five business days of receipt of the extension request. 
Within five business days of notification to the Commissioners of a 
request for consideration of a legal question, if two or more 
Commissioners agree that the Commission should consider the request, 
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. After 
the 60 business days has elapsed, any requestor will be provided a copy 
of OGC's recommendation memorandum and an accompanying vote 
certification, or if no such certification exists, a cover page stating 
the disposition of the memoranda. Confidential information will be 
redacted as necessary.
    After the request review process has concluded, or a Final Audit 
Report has been approved, a copy of the request for consideration, as 
well as the recommendation memorandum and accompanying vote 
certification or disposition memorandum, will be placed with the 
Committee's filings or audit documents on the Commission's website 
within 30 days. These materials will also be placed a Commission 
webpage dedicated to legal questions considered by the Commission under 
this program.
    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. Annual Review

    No later than July 1 of each year, the OC and OGC shall jointly 
prepare and distribute to the Commission a written report containing a 
summary of the requests made under the program over the previous year 
and a summary of the Commission's consideration of those requests and 
any action taken thereon. The annual report shall also include the 
Chief Compliance Officer's and the General Counsel's assessment of 
whether, and to what extent, the program has promoted efficiency and 
fairness in both the Commission's report review process and in the 
audit process, as well as their recommendations, if any, for 
modifications to the program.
    The Commission may terminate or modify this program through 
additional policy statements at any time by an affirmative vote of four 
of its members.

    Dated: July 26, 2011.
Cynthia L. Bauerly,
Chair, Federal Election Commission.
[FR Doc. 2011-19312 Filed 7-29-11; 8:45 am]
BILLING CODE 6715-01-P