Federal Election Campaign Act Rules; Corrections, 16661-16663 [2014-06590]

Agencies

• Federal Election Commission

[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16661-16663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06590]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION

11 CFR Parts 4, 100, 102, 104, 110, 111, and 114

[Notice 2014-07]


Federal Election Campaign Act Rules; Corrections

AGENCY: Federal Election Commission.

ACTION: Correcting amendments.

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

SUMMARY: The Commission is making technical corrections to various 
sections of its regulations.

DATES: Effective March 26, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant 
General Counsel, Ms. Joanna S. Waldstreicher, Attorney, or Mr. Eugene 
Lynch, Paralegal, 999 E Street NW., Washington, DC 20463, (202) 694-
1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: 

Background

    The existing rules that are the subject of these corrections are 
part of the continuing series of regulations that the Commission has 
promulgated to implement the Federal Election Campaign Act of 1971, as 
amended, 2 U.S.C. 431 et seq. (``FECA''). The Commission is 
promulgating these corrections without advance notice or an opportunity 
for comment because they fall under the ``good cause'' exemption of the 
Administrative Procedure Act. 5 U.S.C. 553(b)(B). The Commission finds 
that notice and comment are unnecessary here because these corrections 
are merely typographical and technical; they effect no substantive 
changes to any rule. For the same reason, these corrections fall within 
the ``good cause'' exception to the delayed effective date provisions 
of the Administrative Procedure Act and the Congressional Review Act. 5 
U.S.C. 553(d)(3), 808(2). Accordingly, these corrections are effective 
upon publication in the Federal Register. The Commission is not 
required to submit these corrections for congressional review. See 2 
U.S.C. 438(d)(1), (4).

Corrections to FECA Rules in Chapter I of Title 11 of the Code of 
Federal Regulations

A. Correction to 11 CFR 4.8

    The Commission is correcting an erroneous citation in paragraph (a) 
of this section by replacing the reference to 11 CFR 4.6(d) with 11 CFR 
4.7(h). Paragraph (a) refers to notification ``pursuant to Sec.  
4.6(d)'' that a request for inspection or a copy of a record has been 
denied, but section 4.6 addresses the discretionary release of records 
by the Commission, not notification of a denial of access to records. 
Moreover, section 4.6 does not contain a paragraph (d). Section 4.7(h) 
concerns the notification to a person who has been denied access to 
records.

B. Correction to 11 CFR 100.1

    This section lists the statutes implemented by subchapter A of 
chapter I of the Commission's regulations. The list in this section is 
currently incomplete. To encompass all relevant statutes, the 
Commission is revising this section to note that subchapter A 
implements FECA, as amended, 2 U.S.C. 431 et seq.

C. Correction to 11 CFR 100.18

    This section defines the term ``the Act'' as used in the 
Commission's regulations to include the Federal Election Campaign Act 
of 1971 and each subsequent amendment to it. The list of amendments in 
this section is currently incomplete. To encompass all relevant 
statutes, the Commission is revising this section to define ``the Act'' 
as FECA, as amended, 2 U.S.C. 431 et seq.

D. Correction to 11 CFR 100.29

    The Commission is correcting a typographical error in paragraph (c) 
of this section by italicizing the first instance of the word 
``electioneering,'' so that the entire phrase ``electioneering 
communication'' is italicized and not just the word ``communication.''

E. Corrections to 11 CFR 100.52

    The Commission is correcting typographical errors in two citations 
in paragraph (a) of this section by replacing the references to 11 CFR 
100.72 and 100.73 with 11 CFR 100.82 and 100.83, respectively. Section 
100.52(a) excludes ``a loan made in accordance with 11 CFR 100.72 and 
100.73'' from the definition of ``contribution.'' Sections 100.72 and 
100.73, however, concern the ``testing the waters'' and media 
exceptions to the definition of ``contribution,'' not loans. The 
Commission is therefore replacing the references to sections 100.72 and 
100.73 in 11 CFR 100.52(a) with references to sections 100.82 and 
100.83, which concern bank loans and brokerage loans and lines of 
credit.
    The Commission is also correcting an erroneous citation in 
paragraph (b)(5) of this section by replacing the reference to 11 CFR 
110.4(a) with a reference to 11 CFR 110.20. Section 100.52(b)(5) states 
that payments of interest on loans to a political committee ``shall be 
made from funds subject to the prohibitions of section 110.4(a).'' 
Section 110.4(a) previously prohibited foreign nationals from making 
contributions or expenditures, but that provision was moved to section 
110.20 in 2003, and section 110.4(a) was reserved. The Commission is 
therefore replacing the reference to 11 CFR 110.4(a) with a reference 
to section 110.20, which also conforms this citation to the citation in 
a corresponding provision in the same paragraph.

F. Correction to 11 CFR 100.82

    The Commission is correcting a typographical error in a citation in 
paragraph (f) of this section by replacing the reference to 11 CFR 
100.73 with 11 CFR 100.83. Section 100.82(f) states that ``this section 
shall not apply to loans

[[Page 16662]]

described in 11 CFR 100.73.'' Section 100.73 concerns the media 
exception, however, not loans. The Commission is thus replacing the 
citation to section 100.73 with a citation to section 100.83, which 
concerns brokerage loans and lines of credit.

G. Correction to 11 CFR 100.134

    The Commission is correcting a typographical error in a citation in 
paragraph (d)(2)(iv) of this section by replacing the reference to 26 
CFR 1.3402(a)-(1) with a reference to 26 CFR 31.3402(a)-(1). Paragraph 
(d)(2)(iv) defines ``executive or administrative personnel'' of a 
corporation to include individuals who may be paid by the corporation 
but who are not employees for tax purposes ``under 26 CFR 1.3402(a)-
(1).'' The reference to section 1.3402(a)-(1) should be to section 
31.3401(a)-(1); 26 CFR 31.3402(a)-(1) sets forth requirements and 
methods for tax collection, while there is no section 1.3402(a)-(1) in 
Title 26.

H. Corrections to 11 CFR 102.9

    The Commission is correcting typographical errors in two citations 
in paragraph (f) of this section by replacing the references to 11 CFR 
110.1(1) and 11 CFR 110.1(1)(5) with references to 11 CFR 110.1(l) and 
11 CFR 110.1(l)(5), respectively. Paragraph (f) concerns a treasurer's 
obligation to maintain documentation regarding the designation, 
redesignation, and reattribution of contributions under section 110.1. 
As currently written, the citations to section 110.1 refer to paragraph 
one of that section, but there is no paragraph one in section 110.1; 
rather, it is paragraph (l) (lowercase letter L) of section 110.1 that 
pertains to maintaining documentation. Thus, each reference to 
paragraph one of section 110.1 is being replaced with a reference to 
paragraph (l).

I. Corrections to 11 CFR 104.5

    The Commission is correcting two citations in paragraph (c)(3)(ii) 
of this section by replacing the references to 11 CFR 104.5(a)(1)(ii) 
and 11 CFR 104.5(a)(1)(iii) with 11 CFR 104.5(a)(2)(i) and 11 CFR 
104.5(a)(2)(ii), respectively. Section 104.5(c)(3)(ii) provides that 
pre-election reports ``shall be filed as prescribed at 11 CFR 
104.5(a)(1)(ii),'' and post-general election reports ``shall be filed 
as prescribed in 11 CFR 104.5(a)(1)(iii).'' The cited provisions, 
however, do not concern pre-election or post-general election reports. 
Instead, they concern the filing of quarterly reports. Section 104.5(a) 
was reorganized in 2003; as revised, the filing of pre-election reports 
is addressed in 11 CFR 104.5(a)(2)(i), and post-general election 
reports are addressed in 11 CFR 104.5(a)(2)(ii). See Bipartisan 
Campaign Reform Act of 2002 Reporting; Coordinated and Independent 
Expenditures, 68 FR 404, 408 (Jan. 3, 2003). The Commission is thus 
making conforming amendments to 11 CFR 104.5(c)(3)(ii) by replacing the 
reference to 11 CFR 104.5(a)(1)(ii) with 11 CFR 104.5(a)(2)(i), and by 
replacing the reference to 11 CFR 104.5(a)(1)(iii) with 11 CFR 
104.5(a)(2)(ii).

J. Corrections to 11 CFR 104.6

    The Commission is correcting two citations in paragraph (b) of this 
section by replacing the references to 11 CFR 104.5(a)(1)(iii) and 11 
CFR 104.5(a)(1)(i) with 11 CFR 104.5(a)(1) and 11 CFR 104.5(a)(2)(i), 
respectively. Section 104.6(b) provides that certain reports ``shall be 
filed quarterly in accordance with 11 CFR 104.5(a)(1)(iii) and, with 
respect to any general election, in accordance with 11 CFR 
104.5(a)(1)(i).'' When section 104.6(b) was promulgated, section 
104.5(a)(1)(iii) concerned the filing of quarterly reports, and section 
104.5(a)(1)(i) concerned the filing of pre-election reports. See 
Amendments to Federal Election Campaign Act of 1971, 45 FR 15080, 15086 
(Mar. 7, 1980); 11 CFR 104.5(a) (1980). As noted above, however, 
section 104.5(a) was reorganized in 2003; as reorganized, quarterly 
reporting requirements appear in section 104.5(a)(1), and pre-election 
reporting requirements appear in section 104.5(a)(2)(i). The Commission 
is thus making conforming amendments to 11 CFR 104.6(b) by replacing 
the reference to 11 CFR 104.5(a)(1)(iii) with 11 CFR 104.5(a)(1), and 
by replacing the reference to 11 CFR 104.5(a)(1)(i) with 11 CFR 
104.5(a)(2)(i).

K. Corrections to 11 CFR 104.9

    The Commission is correcting two citations in paragraph (f) of this 
section by replacing the references to 11 CFR 100.7(b)(22) and 11 CFR 
100.8(b)(24) with references to 11 CFR 100.83 and 11 CFR 100.143, 
respectively. Paragraph (f) requires a candidate's principal campaign 
committee to report its repayment of any bank loan obtained by the 
candidate or ``loan of money derived from an advance on a candidate's 
brokerage account, credit card, home equity line of credit, or other 
lines of credit described in 11 CFR 100.7(b)(22) and 100.8(b)(24).'' 
The cited paragraphs do not, however, describe loans of money derived 
from advances on candidate brokerage accounts, credit cards, home 
equity lines of credit, or other lines of credit; instead, they are 
reserved. In 2002, the Commission moved the relevant provisions from 
section 100.7(b)(22) to section 100.83 and reserved section 
100.7(b)(22), and moved the relevant provisions from section 
100.8(b)(24) to section 100.143 and reserved section 100.8(b)(24). See 
Reorganization of Regulations on ``Contribution'' and ``Expenditure,'' 
67 FR 50582, 50584-85 (Aug. 5, 2002). The references to 11 CFR 
100.7(b)(22) and 11 CFR 100.8(b)(24) in section 104.9(f) were not 
updated to reflect these changes. The Commission is thus making 
conforming amendments to section 104.9(f) by replacing the reference to 
11 CFR 100.7(b)(22) with 11 CFR 100.83, and by replacing the reference 
to 11 CFR 100.8(b)(24) with 11 CFR 100.143.

L. Correction to 11 CFR 104.14

    The Commission is correcting a citation in paragraph (a)(1) of this 
section by replacing the reference to 11 CFR 109.2 with a reference to 
11 CFR 109.10. Paragraph (a)(1) refers to ``reports or statements of 
independent expenditures filed by facsimile machine or electronic mail 
under 11 CFR 104.4(b) or 11 CFR 109.2.'' Section 109.2 does not, 
however, refer to the filing of reports; instead, it is reserved. In 
2003, the Commission moved the reporting requirements for persons other 
than political committees who make independent expenditures from 
section 109.2 to section 109.10. See Bipartisan Campaign Reform Act of 
2002 Reporting; Coordinated and Independent Expenditures, 68 FR 404, 
415 (Jan, 3, 2003). The reference to 11 CFR 109.2 in section 104.14 was 
not updated to reflect the change. The Commission is thus making a 
conforming amendment to section 104.14 by replacing the reference to 11 
CFR 109.2 with a reference to 11 CFR 109.10.

M. Correction to 11 CFR 110.1

    The Commission is correcting a typographical error in a citation in 
paragraph (a) of this section by replacing the reference to 11 CFR 
100.1 with 11 CFR 100.10. Paragraph (a) provides that this section 
applies to all contributions made by any ``person as defined in 11 CFR 
100.1.'' Section 100.1 does not define ``person'' for purposes of 
Commission regulations, however; section 100.10 does.

N. Correction to 11 CFR 111.51

    The Commission is correcting the erroneous designation of paragraph 
(c) of this section by redesignating it as paragraph (b).

[[Page 16663]]

O. Correction to 11 CFR 114.12

    The Commission is correcting a typographical error in paragraph 
(c)(1) of this section by replacing ``corporation of labor 
organization'' in the first sentence with ``corporation or labor 
organization.''

List of Subjects

11 CFR Part 4

    Freedom of information.

11 CFR Part 100

    Elections.

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 111

    Administrative practice and procedure, Elections, Law enforcement, 
Penalties.

11 CFR Part 114

    Business and industry, Elections, Labor.

    For the reasons set out in the preamble, the Federal Election 
Commission amends 11 CFR chapter I as follows:

PART 4--PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 5 U.S.C. 552, as amended.


Sec.  4.8  [Amended]

0
2. In paragraph (a) of Sec.  4.8, remove ``Sec.  4.6(d)'' and add in 
its place ``Sec.  4.7(h)''.

PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)

0
3. The authority citation for part 100 continues to read as follows:

    Authority: 2 U.S.C. 431, 434, 438(a)(8), and 439a(c).


0
4. Revise Sec.  100.1 to read as follows:


Sec.  100.1  Scope.

    This subchapter is issued by the Federal Election Commission to 
implement the Federal Election Campaign Act of 1971, as amended, 2 
U.S.C. 431 et seq.
0
5. Revise Sec.  100.18 to read as follows:


Sec.  100.18  Act (2 U.S.C. 431(19))

    Act means the Federal Election Campaign Act of 1971, as amended, 2 
U.S.C. 431 et seq.


Sec.  100.29  [Amended]

0
6. In paragraph (c) introductory text of Sec.  100.29, correct the 
first instance of the word ``electioneering'' by italicizing it to read 
``electioneering''.


Sec.  100.52  [Amended]

0
7. In Sec.  100.52:
0
a. In paragraph (a), remove ``11 CFR 100.72 and 100.73'' and add in its 
place ``11 CFR 100.82 and 100.83''; and
0
b. In paragraph (b)(5), remove ``11 CFR 110.4(a)'' and add in its place 
``11 CFR 110.20''.


Sec.  100.82  [Amended]

0
8. In paragraph (f) of Sec.  100.82, remove ``11 CFR 100.73'' and add 
in its place ``11 CFR 100.83''.


Sec.  100.134  [Amended]

0
9. In paragraph (d)(2)(iv) of Sec.  100.134, remove ``26 CFR 1.3402(a)-
(1)'' and add in its place ``26 CFR 31.3402(a)-(1)''.

PART 102--REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY 
POLITICAL COMMITTEES (2 U.S.C. 433)

0
10. The authority citation for part 102 continues to read as follows:

    Authority: 2 U.S.C. 432, 433, 434(a)(11), 438(a)(8), and 441(d).


Sec.  102.9  [Amended]

0
11. In Sec.  102.9, in paragraph (f), remove ``11 CFR 110.1(1)'' and 
add in its place ``11 CFR 110.1(l)'', and remove ``11 CFR 110.1(1)(5)'' 
and add in its place ``11 CFR 110.1(l)(5)''.

PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2 
U.S.C. 434)

0
12. 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.  104.5  [Amended]

0
13. In Sec.  104.5, in paragraph (c)(3)(ii), remove ``11 CFR 
104.5(a)(1)(ii)'' and add in its place ``11 CFR 104.5(a)(2)(i)'', and 
remove ``11 CFR 104.5(a)(1)(iii)'' and add in its place ``11 CFR 
104.5(a)(2)(ii)''.


Sec.  104.6  [Amended]

0
14. In Sec.  104.6, in paragraph (b), remove ``11 CFR 
104.5(a)(1)(iii)'' and add in its place ``11 CFR 104.5(a)(1)'', and 
remove ``11 CFR 104.5(a)(1)(i)'' and add in its place ``11 CFR 
104.5(a)(2)(i)''.


Sec.  104.9  [Amended]

0
15. In paragraph (f) of Sec.  104.9, remove ``11 CFR 100.7(b)(22) and 
100.8(b)(24)'' and add in its place ``11 CFR 100.83 and 100.143''.


Sec.  104.14  [Amended]

0
16. In paragraph (a)(1) of Sec.  104.14, remove ``11 CFR 109.2'' and 
add in its place ``11 CFR 109.10''.

PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS

0
17. The authority citation for part 110 continues to read as follows:

    Authority: 2 U.S.C. 431(8), 431(9), 432(c)(2), 434(i)(3), 
438(a)(8), 441a, 441b, 441d, 441e, 441f, 441g, 441h, and 36 U.S.C. 
510.


Sec.  110.1  [Amended]

0
18. In paragraph (a) of Sec.  110.1, remove ``11 CFR 100.1'' and add in 
its place ``11 CFR 100.10''.

PART 111--COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a))

0
19. The authority citation for part 111 continues to read as follows:

    Authority: 2 U.S.C. 432(i), 437g, 437d(a), 438(a)(8); 28 U.S.C. 
2461 nt; 31 U.S.C. 3701, 3711, 3716-3719, and 3720A, as amended; 31 
CFR parts 285 and 900-904.


Sec.  111.51  [Amended]

0
20. In Sec.  111.51, redesignate paragraph (c) as paragraph (b).

PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY

0
21. The authority citation for part 114 continues to read as follows:

    Authority: 2 U.S.C. 431(8), 431(9), 432, 434, 437d(a)(8), 
438(a)(8), and 441b.


Sec.  114.12  [Amended]

0
22. In the first sentence of paragraph (c)(1) of Sec.  114.12, remove 
``corporation of labor organization'' and add in its place 
``corporation or labor organization''.

    On behalf of the Commission.

     Dated: March 20, 2014.
Lee E. Goodman,
Chairman, Federal Election Commission.
[FR Doc. 2014-06590 Filed 3-25-14; 8:45 am]
BILLING CODE 6715-01-P