Federal Office; Notice of Disposition of Petition for Rulemaking, 75455 [2014-29601]

Download as PDF 75455 Proposed Rules Federal Register Vol. 79, No. 243 Thursday, December 18, 2014 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. FEDERAL ELECTION COMMISSION 11 CFR Part 100 [NOTICE 2014–14] Federal Office; Notice of Disposition of Petition for Rulemaking Federal Election Commission. ACTION: Notice of disposition of petition for rulemaking. AGENCY: The Commission announces its disposition of a Petition for Rulemaking (‘‘Petition’’) filed on August 28, 2014, by National Convention PBC. The Petition asks the Commission to amend 11 CFR 100.4 to revise the definition of ‘‘federal office’’ to include delegates to a constitutional convention. The Commission has decided not to initiate a rulemaking at this time. The Petition and other documents relating to this matter are available on the Commission’s Web site, https:// www.fec.gov/fosers/, and in the Commission’s Public Records Office. DATES: December 18, 2014. FOR FURTHER INFORMATION CONTACT: Ms. Emma K. Lewis, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694–1650 or (800) 424– 9530. SUPPLEMENTARY INFORMATION: On August 28, 2014, the Commission received a Petition for Rulemaking from National Convention PBC regarding the Commission’s regulation defining ‘‘federal office,’’ 11 CFR 100.4. The regulation provides that ‘‘Federal office means the office of President or Vice President of the United States, Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States.’’ The Petition asks the Commission to amend 11 CFR 100.4 to add ‘‘a Delegate to a constitutional convention for proposing amendments to the Constitution of the United States.’’ The Commission published a Notice of Availability seeking comment on the Petition on October 2, 2014. 79 FR 59459. The Commission received five mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 20:11 Dec 17, 2014 Jkt 235001 comments in response to the NOA. Two comments, filed on behalf of a total of four organizations, opposed the Petition, primarily on the grounds that the regulatory change it seeks would be inconsistent with the applicable statutory definition of ‘‘federal office.’’ Three comments from individuals supported the Petition on the grounds that delegates to a constitutional convention should be bound by the campaign finance rules that apply to federal candidates (although one of these comments also objected to certain aspects of National Convention PBC’s proposal). The Commission agrees with the commenters who opposed the Petition. The definition of ‘‘federal office’’ is specifically set by statute: ‘‘The term ‘Federal office’ means the office of the President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.’’ 52 U.S.C. 30101(3) (formerly 2 U.S.C. 431(3)). The Commission’s regulatory definition of ‘‘federal office’’ uses materially indistinguishable language, defining a federal office as ‘‘the office of President or Vice President of the United States, Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States.’’ 11 CFR 100.4. The Petition and the commenters who supported it provide certain policy arguments in favor of including delegates to a constitutional convention within the scope of the regulation, but the statutory definition of ‘‘federal office’’ unambiguously omits such delegates. In situations such as this where the statute contains no relevant ambiguity, the Commission ‘‘must give effect to the unambiguously expressed intent of Congress.’’ Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842–43 (1984). The Commission therefore declines to commence a rulemaking to add delegates to a constitutional convention to the definition of ‘‘federal office’’ in 11 CFR 100.4. On behalf of the Commission, Dated: December 11, 2014. Lee E. Goodman, Chairman, Federal Election Commission. [FR Doc. 2014–29601 Filed 12–17–14; 8:45 am] BILLING CODE 6715–01–P PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 DEPARTMENT OF TREASURY Office of the Comptroller of the Currency 12 CFR Part 3 [Docket ID OCC–2014–0025] RIN 1557–AD88 FEDERAL RESERVE SYSTEM 12 CFR Part 217 [Regulation Q; Docket No. R–1502] RIN 7100–AE 24 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 324 RIN 3064–AE 12 Regulatory Capital Rules: Regulatory Capital, Proposed Revisions Applicable to Banking Organizations Subject to the Advanced Approaches Risk-Based Capital Rule Office of the Comptroller of the Currency, Treasury; the Board of Governors of the Federal Reserve System; and the Federal Deposit Insurance Corporation ACTION: Joint notice of proposed rulemaking (NPR). AGENCIES: The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the agencies) are seeking comment on an NPR that would clarify, correct, and update aspects of the agencies’ regulatory capital rule applicable to banking organizations that are subject to the advanced approaches risk-based capital rule (advanced approaches banking organizations). The proposed revisions are largely driven by observations made by the agencies during the parallel-run review process of advanced approaches banking organizations. They are also intended to enhance consistency of the U.S. regulations with international standards for use of the advanced approaches rule. DATES: Comments must be received no later than February 17, 2015. ADDRESSES: Comments should be directed to: SUMMARY: E:\FR\FM\18DEP1.SGM 18DEP1

Agencies

Federal Election Commission

[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Proposed Rules]
[Page 75455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29601]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / 
Proposed Rules

[[Page 75455]]



FEDERAL ELECTION COMMISSION

11 CFR Part 100

[NOTICE 2014-14]


Federal Office; Notice of Disposition of Petition for Rulemaking

AGENCY: Federal Election Commission.

ACTION: Notice of disposition of petition for rulemaking.

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

SUMMARY: The Commission announces its disposition of a Petition for 
Rulemaking (``Petition'') filed on August 28, 2014, by National 
Convention PBC. The Petition asks the Commission to amend 11 CFR 100.4 
to revise the definition of ``federal office'' to include delegates to 
a constitutional convention. The Commission has decided not to initiate 
a rulemaking at this time. The Petition and other documents relating to 
this matter are available on the Commission's Web site, https://www.fec.gov/fosers/, and in the Commission's Public Records Office.

DATES: December 18, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Emma K. Lewis, Office of General 
Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: On August 28, 2014, the Commission received 
a Petition for Rulemaking from National Convention PBC regarding the 
Commission's regulation defining ``federal office,'' 11 CFR 100.4. The 
regulation provides that ``Federal office means the office of President 
or Vice President of the United States, Senator or Representative in, 
or Delegate or Resident Commissioner to, the Congress of the United 
States.'' The Petition asks the Commission to amend 11 CFR 100.4 to add 
``a Delegate to a constitutional convention for proposing amendments to 
the Constitution of the United States.''
    The Commission published a Notice of Availability seeking comment 
on the Petition on October 2, 2014. 79 FR 59459. The Commission 
received five comments in response to the NOA. Two comments, filed on 
behalf of a total of four organizations, opposed the Petition, 
primarily on the grounds that the regulatory change it seeks would be 
inconsistent with the applicable statutory definition of ``federal 
office.'' Three comments from individuals supported the Petition on the 
grounds that delegates to a constitutional convention should be bound 
by the campaign finance rules that apply to federal candidates 
(although one of these comments also objected to certain aspects of 
National Convention PBC's proposal).
    The Commission agrees with the commenters who opposed the Petition. 
The definition of ``federal office'' is specifically set by statute: 
``The term `Federal office' means the office of the President or Vice 
President, or of Senator or Representative in, or Delegate or Resident 
Commissioner to, the Congress.'' 52 U.S.C. 30101(3) (formerly 2 U.S.C. 
431(3)). The Commission's regulatory definition of ``federal office'' 
uses materially indistinguishable language, defining a federal office 
as ``the office of President or Vice President of the United States, 
Senator or Representative in, or Delegate or Resident Commissioner to, 
the Congress of the United States.'' 11 CFR 100.4. The Petition and the 
commenters who supported it provide certain policy arguments in favor 
of including delegates to a constitutional convention within the scope 
of the regulation, but the statutory definition of ``federal office'' 
unambiguously omits such delegates. In situations such as this where 
the statute contains no relevant ambiguity, the Commission ``must give 
effect to the unambiguously expressed intent of Congress.'' Chevron 
U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842-43 
(1984).
    The Commission therefore declines to commence a rulemaking to add 
delegates to a constitutional convention to the definition of ``federal 
office'' in 11 CFR 100.4.

    On behalf of the Commission,

    Dated: December 11, 2014.
Lee E. Goodman,
Chairman, Federal Election Commission.
[FR Doc. 2014-29601 Filed 12-17-14; 8:45 am]
BILLING CODE 6715-01-P

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