Sunshine Act Notice, 45799 [2011-19462]
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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.
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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
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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
Agencies
[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Page 45799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19462]
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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
Sunshine Act Notice
July 25, 2011.
TIME AND DATE: 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 Sec. 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.
Emogene Johnson,
Administrative Assistant.
[FR Doc. 2011-19462 Filed 7-28-11; 11:15 am]
BILLING CODE 6735-01-P