Technical Amendments and Corrections, 34861-34864 [2016-12661]
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34861
Rules and Regulations
Federal Register
Vol. 81, No. 105
Wednesday, June 1, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
FEDERAL ELECTION COMMISSION
11 CFR Parts 4, 100, 104, 106, 109, 110,
113, 114, 9004, and 9034
[Notice 2016–03]
Technical Amendments and
Corrections
Federal Election Commission.
Correcting amendments.
AGENCY:
ACTION:
The Commission is making
technical corrections to various sections
of its regulations.
DATES: Effective June 1, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Eugene Lynch, Paralegal, 999 E Street
NW., Washington, DC 20463, (202) 694–
1650 or (800) 424–9530.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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 Presidential Election
Campaign Fund Act, 26 U.S.C. 9001–13,
and the Presidential Primary Matching
Payment Account Act, 26 U.S.C. 9031–
42 (collectively, the ‘‘Funding Acts’’),
and the Federal Election Campaign Act,
52 U.S.C. 30101–46 (‘‘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).
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Moreover, because these corrections
are exempt from the notice and
comment procedure of the
Administrative Procedure Act under 5
U.S.C. 553(b), the Commission is not
required to conduct a regulatory
flexibility analysis under 5 U.S.C. 603 or
604. See 5 U.S.C. 601(2), 604(a). Nor is
the Commission required to submit
these revisions for congressional review
under FECA or the Funding Acts. See 52
U.S.C. 30111(d)(1), (4) (providing for
congressional review when Commission
‘‘prescribe[s]’’ a ‘‘rule of law’’); 26
U.S.C. 9009(c)(1), (4), 9039(c)(1), (4)
(same). Accordingly, these corrections
are effective upon publication in the
Federal Register.
Corrections to FECA and Funding Act
Rules in Chapter I of Title 11 of the
Code of Federal Regulations
A. Correction to 11 CFR 4.8
The Commission is updating
paragraph (a) of this section regarding
when a person may appeal the
Commission’s failure to respond to a
document inspection or production
request filed under the Freedom of
Information Act (‘‘FOIA’’), 5 U.S.C. 552.
Paragraph (a) currently provides that a
person may appeal the Commission’s
failure to respond if the person has
received no response within ten
working days after the Commission
received the FOIA request. When
originally promulgated, this ten-day
time period accurately reflected the time
the Commission had to respond to a
FOIA request. See 5 U.S.C.
552(a)(6)(A)(i) (1979); Public Records
and Freedom of Information Act, 44 FR
33368 (June 8, 1979) (promulgating
section 4.7(c), giving Commission ten
working days to respond to FOIA
request, and section 4.8(a), allowing
FOIA requestors who did not receive
response within ten working days to file
appeals). Subsequently, however,
Congress amended FOIA to allow
agencies 20 days in which to respond to
FOIA requests, and the Commission
revised its own response period in 11
CFR 4.7(c) accordingly. See Electronic
Freedom of Information Act
Amendments, 65 FR 9201 (Feb. 24,
2000). The Commission did not,
however, make the necessary
corresponding change to the regulation
governing the time for filing an appeal.
Accordingly, to conform the time period
for appealing the Commission’s failure
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to respond with the time that the
Commission has to respond, the
Commission is revising paragraph (a) by
removing the word ‘‘ten’’ and replacing
it with ‘‘twenty.’’
B. Correction to 11 CFR 100.54
The Commission is correcting two
erroneous citations in the introductory
paragraph of this section. This
paragraph erroneously refers to 11 CFR
100.74 and 100.75 in discussing the
exemption of certain legal and
accounting services from the definition
of ‘‘contribution.’’ That exemption is set
forth in sections 100.85 and 100.86, not
in sections 100.74 and 100.75 (which
address volunteer services and the use
of a volunteer’s real or personal
property). Accordingly, the Commission
is removing the citations to 11 CFR
100.74 and 100.75 and replacing them
with 11 CFR 100.85 and 100.86,
respectively.
C. Corrections to 11 CFR 104.4
The Commission is amending
paragraphs (b)(1) and (2) of this section
to remove an ambiguity regarding the
reporting requirements for political
committees making independent
expenditures in a calendar year. These
paragraphs require political committees
to report all independent expenditures
aggregating less than $10,000 (paragraph
(b)(1)) or $10,000 or more (paragraph
(b)(2)) with respect to a given election
made ‘‘at any time during the calendar
year up to and including the 20th day
before an election.’’ Some reporting
entities have expressed uncertainty as to
whether this language signifies that
reporting is not required in a calendar
year other than an election year. As the
Commission noted in promulgating this
section, the reporting requirement
applies to independent expenditures
made by a political committee ‘‘at any
time’’ and ‘‘at any point in the
campaign,’’ up to and including 20 days
before an election. 52 U.S.C.
30104(g)(2); Bipartisan Campaign
Reform Act of 2002 Reporting, 68 FR
404, 406 (Jan. 3, 2003). To clarify that
a political committee must report
independent expenditures aggregating
less than $10,000, or $10,000 or more,
with respect to a given election made in
any calendar year, the Commission is
amending portions of the text in
paragraphs (b)(1) and (2).
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D. Corrections to 11 CFR 104.18
The Commission is revising
paragraphs (b) and (g) of this section to
reflect the availability and use of
internet-based forms to file reports
electronically with the Commission.
The Commission has made a number of
these forms available for use by filers on
its Web site, at www.fec.gov. Paragraph
(b) provides that a political committee
or other person not required to file
reports electronically with the
Commission may nonetheless choose to
file reports in an electronic format that
meets the requirements of this section,
and a person who chooses to file reports
electronically is generally required to
continue to file electronically for the
rest of that calendar year. The
Commission is adding a reference to
internet-based forms to paragraph (b), as
an example of an electronic format that
meets the requirements of this section.
Paragraph (g) requires the treasurer of
a political committee and other persons
responsible for filing reports with the
Commission to verify the reports in
specific ways. The Commission is
revising paragraph (g) to clarify that a
signed certification on a Commission
internet form meets the verification
requirement.
The Commission is also correcting a
typographical error in paragraph
(a)(3)(i)(A) of this section by replacing
the phrase ‘‘nets debts’’ with the phrase
‘‘net debts.’’
E. Correction to 11 CFR 106.6
The Commission is correcting an
erroneous citation in paragraph (d)(1) of
this section. Paragraph (d)(1) requires a
political committee that collects both
federal and nonfederal funds through a
joint activity to allocate its direct costs
of fundraising ‘‘as described in
paragraph (a)(2) of this section’’ in a
certain manner. Paragraph (a)(2) of this
section, however, does not exist.
Instead, the direct costs of fundraising
are described in paragraph (b)(1) of this
section. Thus, the Commission is
replacing the reference to paragraph
(a)(2) in paragraph (d)(1) with a
reference to paragraph (b)(1).
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F. Correction to 11 CFR 106.7
The Commission is correcting an
erroneous citation in paragraph (d)(1)(ii)
of this section. Paragraph (d)(1)(ii)
requires state, district, and local party
committees to use only federal funds to
pay the salaries, wages, and fringe
benefits of employees who spend more
than 25% of their compensated time on
federal election activities or activities in
connection with a federal election, and
cites to 11 CFR 300.33(d)(1). Paragraph
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(d)(1) of § 300.33, however, concerns
employees who spend 25% or less of
their compensated time on federal
election activities or activities in
connection with a federal election.
Paragraph (d)(2) of § 300.33, on the
other hand, relates to the payment of
employees spending more than 25% of
their compensated time on such
activities. Accordingly, the Commission
is replacing the reference to 11 CFR
300.33(d)(1) in paragraph (d)(1)(ii) with
11 CFR 300.33(d)(2).
G. Correction to 11 CFR 109.10
The Commission is amending
paragraph (c) of this section to remove
an ambiguity regarding the reporting
requirements for persons who are not
political committees and make $10,000
or more in independent expenditures in
a calendar year. For the reasons
explained above regarding the
amendments to section 104.4, the
Commission is amending portions of the
text in paragraph (c).
H. Correction to 11 CFR 110.1
The Commission is correcting a
typographical error in paragraph (b)(6)
of this section. This Commission is
replacing the reference to 11 CFR
110.1(1)(4) with a reference to 11 CFR
110.1(l)(4) (lowercase letter L).
I. Correction to 11 CFR 110.2
The Commission is correcting a
typographical error in paragraph (b)(6)
of this section. The Commission is
replacing the reference to 11 CFR
110.1(1)(4) with a reference to 11 CFR
110.1(l)(4) (lowercase letter L).
J. Correction to 11 CFR 113.1
The Commission is correcting an
erroneous citation in paragraph
(g)(1)(i)(I) of this section. The last
sentence of paragraph (g)(1)(i)(I)
prohibits ‘‘[a] Federal officeholder, as
defined in 11 CFR 100.5(f)(1),’’ from
receiving salary payments from
campaign funds as a candidate.
Paragraph (f)(1) of § 100.5, however,
defines ‘‘authorized committee,’’ not
‘‘Federal officeholder.’’ Paragraph (c) of
§ 113.1, on the other hand, defines
‘‘Federal officeholder.’’ As such, in the
last sentence of paragraph (g)(1)(i)(I), the
Commission is replacing ‘‘11 CFR
100.5(f)(1)’’ with ‘‘paragraph (c) of this
section.’’
K. Corrections to 11 CFR 114.2
The Commission is making a
conforming change to the note to
paragraph (b) of this section. In the note,
the word ‘‘non-connected’’ appears
twice. The Commission is replacing
both references to ‘‘non-connected’’
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with ‘‘nonconnected’’ to conform the
word to how it appears in the rest of 11
CFR chapter 1.
L. Corrections to 11 CFR 114.10
For the reasons noted above regarding
the correction to § 114.2, the
Commission is replacing both references
to ‘‘non-connected’’ in the note to
§ 114.10(a) with ‘‘nonconnected.’’
M. Correction to 11 CFR 9004.6
The Commission is correcting a
typographical error in paragraph (c) of
this section. The Commission is
removing the misspelled word
‘‘Deducation’’ and replacing it with the
word ‘‘Deduction.’’
N. Correction to 11 CFR 9034.2
The Commission is correcting an
erroneous citation in paragraph
(c)(1)(iii) of this section. This paragraph
addresses the reattribution of
contributions among joint tenants of a
checking account, and requires the
documentation ‘‘described in 11 CFR
110.1(1), (3), (5), and (6)’’ to accompany
the reattributed contribution. The
citation to 11 CFR 110.1(1), (3), (5), and
(6) is incorrect, however, because those
paragraphs do not exist. Instead, the
documentation requirements for
reattributed contributions appear in
paragraph (l) (lowercase letter L) of
section 110.1. Accordingly, the
Commission is replacing the reference
to 11 CFR 110.1(1), (3), (5), and (6) in
§ 9034.2 with 11 CFR 110.1(l)(3), (5),
and (6).
List of Subjects
11 CFR Part 4
Freedom of information.
11 CFR Part 100
Elections.
11 CFR Part 104
Campaign funds, Political committees
and parties, Reporting and
recordkeeping requirements.
11 CFR Part 106
Campaign funds, Political committees
and parties, Reporting and
recordkeeping requirements.
11 CFR 109
Coordinated and independent
expenditures.
11 CFR 110
Campaign funds, Political committees
and parties.
11 CFR Part 113
Campaign funds, Political candidates.
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11 CFR Part 114
Business and industry, Elections,
Labor.
11 CFR Part 9004
Campaign funds.
11 CFR Part 9034
Campaign funds, Reporting and
recordkeeping requirements.
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
1. The authority citation for part 4
continues to read as follows:
■
Authority: 5 U.S.C. 552, as amended.
§ 4.8
[Amended]
2. Amend paragraph (a) of § 4.8 by
removing ‘‘ten’’ and adding in its place
‘‘twenty’’.
■
PART 100—SCOPE AND DEFINITIONS
(52 U.S.C. 30101)
Authority: 52 U.S.C. 30101, 30104,
30111(a)(8), and 30114(c).
[Amended]
4. Amend the introductory text of
§ 100.54 by removing ‘‘11 CFR 100.74
and 100.75’’ and adding in its place ‘‘11
CFR 100.85 and 100.86’’.
■
PART 104—REPORTS BY POLITICAL
COMMITTEES AND OTHER PERSONS
(52 U.S.C. 30104)
Authority: 52 U.S.C. 30101(1), 30101(8),
30101(9), 30102(i), 30104, 30111(a)(8) and
(b), 30114, 30116, 36 U.S.C. 510.
6. In § 104.4, revise paragraph (b)(1)
and remove the first sentence in
paragraph (b)(2) and add two sentences
in its place.
The revision and additions read as
follows:
§ 104.4 Independent expenditures by
political committees (52 U.S.C. 30104(b), (d),
and (g)).
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*
*
*
*
(b) * * *
(1) Independent expenditures
aggregating less than $10,000 in a
calendar year. For each election in
which a political committee makes
independent expenditures, the political
committee shall aggregate its
independent expenditures made in each
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7. In § 104.18:
■ a. Amend paragraph (a)(3)(i)(A) by
removing ‘‘nets debts’’ and adding in its
place ‘‘net debts’’.
■ b. Amend paragraph (b), first
sentence, by adding ‘‘(internet forms
included)’’ after ‘‘the requirements of
this section’’.
■ c. Amend paragraph (g), first sentence,
by adding ‘‘; or by submitting a signed
certification on a Commission internet
form’’ after ‘‘in the electronic
submission’’.
8. The authority citation for part 106
continues to read as follows:
■
■
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[Amended]
PART 106—ALLOCATIONS OF
CANDIDATE AND COMMITTEE
ACTIVITIES
5. The authority citation for part 104
continues to read as follows:
■
*
§ 104.18
■
3. The authority citation for part 100
continues to read as follows:
■
§ 100.54
calendar year to determine its reporting
obligation. When a committee makes
independent expenditures aggregating
less than $10,000 for an election in any
calendar year, up to and including the
20th day before an election, the
committee must report those
independent expenditures on Schedule
E of FEC Form 3X, at the time of its
regular reports in accordance with 11
CFR 104.3, 104.5, and 104.9.
(2) * * * For each election in which
a political committee makes
independent expenditures, the political
committee shall aggregate its
independent expenditures made in each
calendar year to determine its reporting
obligation. When a committee makes
independent expenditures aggregating
$10,000 or more for an election in any
calendar year, up to and including the
20th day before an election, it must
report those independent expenditures
on Schedule E of FEC Form 3X. * * *
*
*
*
*
*
Authority: 52 U.S.C. 30111(a)(8), 30116(b),
30116(g).
§ 106.6
[Amended]
9. Amend the first sentence of
paragraph (d)(1) of § 106.6 by removing
‘‘as described in paragraph (a)(2) of this
section’’ and adding in its place ‘‘as
described in paragraph (b)(1) of this
section’’.
■
§ 106.7
10. Amend paragraph (d)(1)(ii) of
§ 106.7 by removing ‘‘11 CFR
300.33(d)(1)’’ and adding in its place
‘‘11 CFR 300.33(d)(2)’’.
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PART 109—COORDINATED AND
INDEPENDENT EXPENDITURES (52
U.S.C. 30101(17), 30116(A) AND (D),
AND PUB. L. 107–155 SEC. 214(C))
11. The authority citation for part 109
continues to read as follows:
■
Authority: 52 U.S.C. 30101(17), 30104(c),
30111(a)(8), 30116, 30120; Sec. 214(c), Pub.
L. 107–155, 116 Stat. 81.
12. Amend paragraph (c) of § 109.10
by removing the first sentence and
adding two sentences in its place to read
as follows:
■
§ 109.10
[Amended]
*
*
*
*
*
(c) * * * For each election in which
a person who is not a political
committee makes independent
expenditures, the person shall aggregate
its independent expenditures made in
each calendar year to determine its
reporting obligation. When such a
person makes independent expenditures
aggregating $10,000 or more for an
election in any calendar year, up to and
including the 20th day before an
election, the person must report the
independent expenditures on FEC Form
5, or by signed statement if the person
is not otherwise required to file
electronically under 11 CFR 104.18.
*
*
*
*
*
PART 110—CONTRIBUTION AND
EXPENDITURE LIMITATIONS AND
PROHIBITIONS
13. The authority citation for part 110
continues to read as follows:
■
Authority: 52 U.S.C. 30101(8), 30101(9),
30102(c)(2), 30104(i)(3), 30111(a)(8), 30116,
30118, 30120, 30121, 30122, 30123, 30124,
and 36 U.S.C. 510.
§ 110.1
[Amended]
14. Amend paragraph (b)(6) by
removing ‘‘11 CFR 110.1(1)(4)’’ and
adding in its place ‘‘11 CFR 110.1(l)(4)’’.
■
§ 110.2
[Amended]
15. Amend paragraph (b)(6) by
removing ‘‘11 CFR 110.1(1)(4)’’ and
adding in its place ‘‘11 CFR 110.1(l)(4)’’.
■
PART 113—PERMITTED AND
PROHIBITED USES OF CAMPAIGN
ACCOUNTS
16. The authority citation for part 113
continues to read as follows:
■
Authority: 52 U.S.C. 30102(h), 30111(a)(8),
30114, and 30116.
[Amended]
■
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§ 113.1
[Amended]
17. Amend the last sentence of
paragraph (g)(1)(i)(I) of § 104.4 by
removing ‘‘11 CFR 100.5(f)(1)’’ and
■
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adding in its place ‘‘paragraph (c) of this
section’’.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
PART 114—CORPORATE AND LABOR
ORGANIZATION ACTIVITY
14 CFR Part 39
18. The authority citation for part 114
continues to read as follows:
[Docket No. FAA–2015–0496; Directorate
Identifier 2014–NM–101–AD; Amendment
39–18533; AD 2016–11–06]
■
Authority: 52 U.S.C. 30101(8), 30101(9),
30102, 30104, 30107(a)(8), 30111(a)(8),
30118.
§ 114.2
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
[Amended]
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
19. Amend the note to paragraph (b)
of § 114.2 by removing all references to
‘‘non-connected’’ and adding in their
place ‘‘nonconnected’’.
■
§ 114.10
[Amended]
20. Amend the note to paragraph (a)
of § 114.10 by removing all references to
‘‘non-connected’’ and adding in their
place ‘‘nonconnected’’.
■
PART 9004—ENTITLEMENT OF
ELIGIBLE CANDIDATES TO
PAYMENTS; USE OF PAYMENTS
21. The authority citation for part
9004 continues to read as follows:
■
Authority: 26 U.S.C. 9004 and 9009(b).
§ 9004.6
[Amended]
22. Amend the subject heading to
paragraph (c) introductory text of
§ 9004.6 by removing ‘‘Deducation’’ and
adding in its place ‘‘Deduction’’.
■
PART 9034—ENTITLEMENTS
23. The authority citation for part
9034 continues to read as follows:
■
Authority: 26 U.S.C. 9034 and 9039(b).
§ 9034.2
[Amended]
24. Amend paragraph (c)(1)(iii) of
§ 9034.2 by removing ‘‘11 CFR 110.1 (1),
(3), (5), and (6)’’ and adding in its place
‘‘11 CFR 110.1(l)(3), (5), and (6)’’.
■
On behalf of the Commission,
Dated: May 23, 2016.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2016–12661 Filed 5–31–16; 8:45 am]
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BILLING CODE 6715–01–P
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We are superseding
Airworthiness Directive (AD) 2005–18–
18 for certain The Boeing Company
Model 757 airplanes. AD 2005–18–18
required inspections of certain wire
bundles in the left and right engine-towing aft fairings for discrepancies;
installation of back-to-back p-clamps
between the wire and hydraulic supply
tube at the aft end of the right-hand strut
only; and associated re-routing of the
wire bundles, if necessary. This new AD
also requires an installation of spiral
cable wrap on fuel shutoff valve (FSV)
wires at the aft end of the strut, for both
left and right engines, and related
investigative and corrective actions.
This AD was prompted by a
determination that the service
information referenced in AD 2005–18–
18 did not adequately address FSV
wires at the aft end of the struts. We are
issuing this AD to prevent chafing
between the wire bundle and the
structure of the aft fairing, which could
result in electrical arcing and
subsequent ignition of flammable vapors
and a possible uncontrollable fire.
DATES: This AD is effective July 6, 2016.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of July 6, 2016.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of October 14, 2005 (70 FR
53554, September 9, 2005).
ADDRESSES: For service information
identified in this final rule, contact
Boeing Commercial Airplanes,
Attention: Data & Services Management,
P.O. Box 3707, MC 2H–65, Seattle, WA
98124–2207; telephone 206–544–5000,
extension 1; fax 206–766–5680; Internet
https://www.myboeingfleet.com. You
may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA 98057. For
information on the availability of this
SUMMARY:
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material at the FAA, call 425–227–1221.
It is also available on the Internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2015–
0496.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0496; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Docket Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT:
William Bond, Aerospace Engineer,
Propulsion Branch, ANM–140L, FAA,
Los Angeles Aircraft Certification Office
(ACO), 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone:
562–627–5253; fax: 562–627–5210;
email: william.bond@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2005–18–18,
Amendment 39–14258 (70 FR 53554,
September 9, 2005) (‘‘AD 2005–18–18’’).
AD 2005–18–18 applied to certain The
Boeing Company Model 757–200,
–200PF, –200CB, and –300 series
airplanes. The NPRM published in the
Federal Register on March 27, 2015 (80
FR 16318) (‘‘the NPRM’’). The NPRM
was prompted by a report that the
service information referenced in AD
2005–18–18 did not adequately address
FSV wires at the aft end of the strut, for
both left and right engine struts. The
NPRM proposed to continue to require
inspections of certain wire bundles in
the left and right engine-to-wing aft
fairings for discrepancies; installation of
back-to-back p-clamps between the wire
and hydraulic supply tube at the aft end
of the right-hand strut only; and
associated re-routing of the wire
bundles, if necessary. The NPRM also
proposed to require installation of
tetrafluoroethylene spiral cable wrap on
the FSV wires at the aft end of the strut
that would provide additional wiring
protection. We are issuing this AD to
prevent chafing between the wire
bundle and the structure of the aft
E:\FR\FM\01JNR1.SGM
01JNR1
]]>Agencies
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34861-34864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12661]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules
and Regulations
[[Page 34861]]
FEDERAL ELECTION COMMISSION
11 CFR Parts 4, 100, 104, 106, 109, 110, 113, 114, 9004, and 9034
[Notice 2016-03]
Technical Amendments and Corrections
AGENCY: Federal Election Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Commission is making technical corrections to various
sections of its regulations.
DATES: Effective June 1, 2016.
FOR FURTHER INFORMATION CONTACT: 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 Presidential Election Campaign Fund Act,
26 U.S.C. 9001-13, and the Presidential Primary Matching Payment
Account Act, 26 U.S.C. 9031-42 (collectively, the ``Funding Acts''),
and the Federal Election Campaign Act, 52 U.S.C. 30101-46 (``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).
Moreover, because these corrections are exempt from the notice and
comment procedure of the Administrative Procedure Act under 5 U.S.C.
553(b), the Commission is not required to conduct a regulatory
flexibility analysis under 5 U.S.C. 603 or 604. See 5 U.S.C. 601(2),
604(a). Nor is the Commission required to submit these revisions for
congressional review under FECA or the Funding Acts. See 52 U.S.C.
30111(d)(1), (4) (providing for congressional review when Commission
``prescribe[s]'' a ``rule of law''); 26 U.S.C. 9009(c)(1), (4),
9039(c)(1), (4) (same). Accordingly, these corrections are effective
upon publication in the Federal Register.
Corrections to FECA and Funding Act Rules in Chapter I of Title 11 of
the Code of Federal Regulations
A. Correction to 11 CFR 4.8
The Commission is updating paragraph (a) of this section regarding
when a person may appeal the Commission's failure to respond to a
document inspection or production request filed under the Freedom of
Information Act (``FOIA''), 5 U.S.C. 552. Paragraph (a) currently
provides that a person may appeal the Commission's failure to respond
if the person has received no response within ten working days after
the Commission received the FOIA request. When originally promulgated,
this ten-day time period accurately reflected the time the Commission
had to respond to a FOIA request. See 5 U.S.C. 552(a)(6)(A)(i) (1979);
Public Records and Freedom of Information Act, 44 FR 33368 (June 8,
1979) (promulgating section 4.7(c), giving Commission ten working days
to respond to FOIA request, and section 4.8(a), allowing FOIA
requestors who did not receive response within ten working days to file
appeals). Subsequently, however, Congress amended FOIA to allow
agencies 20 days in which to respond to FOIA requests, and the
Commission revised its own response period in 11 CFR 4.7(c)
accordingly. See Electronic Freedom of Information Act Amendments, 65
FR 9201 (Feb. 24, 2000). The Commission did not, however, make the
necessary corresponding change to the regulation governing the time for
filing an appeal. Accordingly, to conform the time period for appealing
the Commission's failure to respond with the time that the Commission
has to respond, the Commission is revising paragraph (a) by removing
the word ``ten'' and replacing it with ``twenty.''
B. Correction to 11 CFR 100.54
The Commission is correcting two erroneous citations in the
introductory paragraph of this section. This paragraph erroneously
refers to 11 CFR 100.74 and 100.75 in discussing the exemption of
certain legal and accounting services from the definition of
``contribution.'' That exemption is set forth in sections 100.85 and
100.86, not in sections 100.74 and 100.75 (which address volunteer
services and the use of a volunteer's real or personal property).
Accordingly, the Commission is removing the citations to 11 CFR 100.74
and 100.75 and replacing them with 11 CFR 100.85 and 100.86,
respectively.
C. Corrections to 11 CFR 104.4
The Commission is amending paragraphs (b)(1) and (2) of this
section to remove an ambiguity regarding the reporting requirements for
political committees making independent expenditures in a calendar
year. These paragraphs require political committees to report all
independent expenditures aggregating less than $10,000 (paragraph
(b)(1)) or $10,000 or more (paragraph (b)(2)) with respect to a given
election made ``at any time during the calendar year up to and
including the 20th day before an election.'' Some reporting entities
have expressed uncertainty as to whether this language signifies that
reporting is not required in a calendar year other than an election
year. As the Commission noted in promulgating this section, the
reporting requirement applies to independent expenditures made by a
political committee ``at any time'' and ``at any point in the
campaign,'' up to and including 20 days before an election. 52 U.S.C.
30104(g)(2); Bipartisan Campaign Reform Act of 2002 Reporting, 68 FR
404, 406 (Jan. 3, 2003). To clarify that a political committee must
report independent expenditures aggregating less than $10,000, or
$10,000 or more, with respect to a given election made in any calendar
year, the Commission is amending portions of the text in paragraphs
(b)(1) and (2).
[[Page 34862]]
D. Corrections to 11 CFR 104.18
The Commission is revising paragraphs (b) and (g) of this section
to reflect the availability and use of internet-based forms to file
reports electronically with the Commission. The Commission has made a
number of these forms available for use by filers on its Web site, at
www.fec.gov. Paragraph (b) provides that a political committee or other
person not required to file reports electronically with the Commission
may nonetheless choose to file reports in an electronic format that
meets the requirements of this section, and a person who chooses to
file reports electronically is generally required to continue to file
electronically for the rest of that calendar year. The Commission is
adding a reference to internet-based forms to paragraph (b), as an
example of an electronic format that meets the requirements of this
section.
Paragraph (g) requires the treasurer of a political committee and
other persons responsible for filing reports with the Commission to
verify the reports in specific ways. The Commission is revising
paragraph (g) to clarify that a signed certification on a Commission
internet form meets the verification requirement.
The Commission is also correcting a typographical error in
paragraph (a)(3)(i)(A) of this section by replacing the phrase ``nets
debts'' with the phrase ``net debts.''
E. Correction to 11 CFR 106.6
The Commission is correcting an erroneous citation in paragraph
(d)(1) of this section. Paragraph (d)(1) requires a political committee
that collects both federal and nonfederal funds through a joint
activity to allocate its direct costs of fundraising ``as described in
paragraph (a)(2) of this section'' in a certain manner. Paragraph
(a)(2) of this section, however, does not exist. Instead, the direct
costs of fundraising are described in paragraph (b)(1) of this section.
Thus, the Commission is replacing the reference to paragraph (a)(2) in
paragraph (d)(1) with a reference to paragraph (b)(1).
F. Correction to 11 CFR 106.7
The Commission is correcting an erroneous citation in paragraph
(d)(1)(ii) of this section. Paragraph (d)(1)(ii) requires state,
district, and local party committees to use only federal funds to pay
the salaries, wages, and fringe benefits of employees who spend more
than 25% of their compensated time on federal election activities or
activities in connection with a federal election, and cites to 11 CFR
300.33(d)(1). Paragraph (d)(1) of Sec. 300.33, however, concerns
employees who spend 25% or less of their compensated time on federal
election activities or activities in connection with a federal
election. Paragraph (d)(2) of Sec. 300.33, on the other hand, relates
to the payment of employees spending more than 25% of their compensated
time on such activities. Accordingly, the Commission is replacing the
reference to 11 CFR 300.33(d)(1) in paragraph (d)(1)(ii) with 11 CFR
300.33(d)(2).
G. Correction to 11 CFR 109.10
The Commission is amending paragraph (c) of this section to remove
an ambiguity regarding the reporting requirements for persons who are
not political committees and make $10,000 or more in independent
expenditures in a calendar year. For the reasons explained above
regarding the amendments to section 104.4, the Commission is amending
portions of the text in paragraph (c).
H. Correction to 11 CFR 110.1
The Commission is correcting a typographical error in paragraph
(b)(6) of this section. This Commission is replacing the reference to
11 CFR 110.1(1)(4) with a reference to 11 CFR 110.1(l)(4) (lowercase
letter L).
I. Correction to 11 CFR 110.2
The Commission is correcting a typographical error in paragraph
(b)(6) of this section. The Commission is replacing the reference to 11
CFR 110.1(1)(4) with a reference to 11 CFR 110.1(l)(4) (lowercase
letter L).
J. Correction to 11 CFR 113.1
The Commission is correcting an erroneous citation in paragraph
(g)(1)(i)(I) of this section. The last sentence of paragraph
(g)(1)(i)(I) prohibits ``[a] Federal officeholder, as defined in 11 CFR
100.5(f)(1),'' from receiving salary payments from campaign funds as a
candidate. Paragraph (f)(1) of Sec. 100.5, however, defines
``authorized committee,'' not ``Federal officeholder.'' Paragraph (c)
of Sec. 113.1, on the other hand, defines ``Federal officeholder.'' As
such, in the last sentence of paragraph (g)(1)(i)(I), the Commission is
replacing ``11 CFR 100.5(f)(1)'' with ``paragraph (c) of this
section.''
K. Corrections to 11 CFR 114.2
The Commission is making a conforming change to the note to
paragraph (b) of this section. In the note, the word ``non-connected''
appears twice. The Commission is replacing both references to ``non-
connected'' with ``nonconnected'' to conform the word to how it appears
in the rest of 11 CFR chapter 1.
L. Corrections to 11 CFR 114.10
For the reasons noted above regarding the correction to Sec.
114.2, the Commission is replacing both references to ``non-connected''
in the note to Sec. 114.10(a) with ``nonconnected.''
M. Correction to 11 CFR 9004.6
The Commission is correcting a typographical error in paragraph (c)
of this section. The Commission is removing the misspelled word
``Deducation'' and replacing it with the word ``Deduction.''
N. Correction to 11 CFR 9034.2
The Commission is correcting an erroneous citation in paragraph
(c)(1)(iii) of this section. This paragraph addresses the reattribution
of contributions among joint tenants of a checking account, and
requires the documentation ``described in 11 CFR 110.1(1), (3), (5),
and (6)'' to accompany the reattributed contribution. The citation to
11 CFR 110.1(1), (3), (5), and (6) is incorrect, however, because those
paragraphs do not exist. Instead, the documentation requirements for
reattributed contributions appear in paragraph (l) (lowercase letter L)
of section 110.1. Accordingly, the Commission is replacing the
reference to 11 CFR 110.1(1), (3), (5), and (6) in Sec. 9034.2 with 11
CFR 110.1(l)(3), (5), and (6).
List of Subjects
11 CFR Part 4
Freedom of information.
11 CFR Part 100
Elections.
11 CFR Part 104
Campaign funds, Political committees and parties, Reporting and
recordkeeping requirements.
11 CFR Part 106
Campaign funds, Political committees and parties, Reporting and
recordkeeping requirements.
11 CFR 109
Coordinated and independent expenditures.
11 CFR 110
Campaign funds, Political committees and parties.
11 CFR Part 113
Campaign funds, Political candidates.
[[Page 34863]]
11 CFR Part 114
Business and industry, Elections, Labor.
11 CFR Part 9004
Campaign funds.
11 CFR Part 9034
Campaign funds, Reporting and recordkeeping requirements.
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. Amend paragraph (a) of Sec. 4.8 by removing ``ten'' and adding in
its place ``twenty''.
PART 100--SCOPE AND DEFINITIONS (52 U.S.C. 30101)
0
3. The authority citation for part 100 continues to read as follows:
Authority: 52 U.S.C. 30101, 30104, 30111(a)(8), and 30114(c).
Sec. 100.54 [Amended]
0
4. Amend the introductory text of Sec. 100.54 by removing ``11 CFR
100.74 and 100.75'' and adding in its place ``11 CFR 100.85 and
100.86''.
PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (52
U.S.C. 30104)
0
5. The authority citation for part 104 continues to read as follows:
Authority: 52 U.S.C. 30101(1), 30101(8), 30101(9), 30102(i),
30104, 30111(a)(8) and (b), 30114, 30116, 36 U.S.C. 510.
0
6. In Sec. 104.4, revise paragraph (b)(1) and remove the first
sentence in paragraph (b)(2) and add two sentences in its place.
The revision and additions read as follows:
Sec. 104.4 Independent expenditures by political committees (52
U.S.C. 30104(b), (d), and (g)).
* * * * *
(b) * * *
(1) Independent expenditures aggregating less than $10,000 in a
calendar year. For each election in which a political committee makes
independent expenditures, the political committee shall aggregate its
independent expenditures made in each calendar year to determine its
reporting obligation. When a committee makes independent expenditures
aggregating less than $10,000 for an election in any calendar year, up
to and including the 20th day before an election, the committee must
report those independent expenditures on Schedule E of FEC Form 3X, at
the time of its regular reports in accordance with 11 CFR 104.3, 104.5,
and 104.9.
(2) * * * For each election in which a political committee makes
independent expenditures, the political committee shall aggregate its
independent expenditures made in each calendar year to determine its
reporting obligation. When a committee makes independent expenditures
aggregating $10,000 or more for an election in any calendar year, up to
and including the 20th day before an election, it must report those
independent expenditures on Schedule E of FEC Form 3X. * * *
* * * * *
Sec. 104.18 [Amended]
0
7. In Sec. 104.18:
0
a. Amend paragraph (a)(3)(i)(A) by removing ``nets debts'' and adding
in its place ``net debts''.
0
b. Amend paragraph (b), first sentence, by adding ``(internet forms
included)'' after ``the requirements of this section''.
0
c. Amend paragraph (g), first sentence, by adding ``; or by submitting
a signed certification on a Commission internet form'' after ``in the
electronic submission''.
PART 106--ALLOCATIONS OF CANDIDATE AND COMMITTEE ACTIVITIES
0
8. The authority citation for part 106 continues to read as follows:
Authority: 52 U.S.C. 30111(a)(8), 30116(b), 30116(g).
Sec. 106.6 [Amended]
0
9. Amend the first sentence of paragraph (d)(1) of Sec. 106.6 by
removing ``as described in paragraph (a)(2) of this section'' and
adding in its place ``as described in paragraph (b)(1) of this
section''.
Sec. 106.7 [Amended]
0
10. Amend paragraph (d)(1)(ii) of Sec. 106.7 by removing ``11 CFR
300.33(d)(1)'' and adding in its place ``11 CFR 300.33(d)(2)''.
PART 109--COORDINATED AND INDEPENDENT EXPENDITURES (52 U.S.C.
30101(17), 30116(A) AND (D), AND PUB. L. 107-155 SEC. 214(C))
0
11. The authority citation for part 109 continues to read as follows:
Authority: 52 U.S.C. 30101(17), 30104(c), 30111(a)(8), 30116,
30120; Sec. 214(c), Pub. L. 107-155, 116 Stat. 81.
0
12. Amend paragraph (c) of Sec. 109.10 by removing the first sentence
and adding two sentences in its place to read as follows:
Sec. 109.10 [Amended]
* * * * *
(c) * * * For each election in which a person who is not a
political committee makes independent expenditures, the person shall
aggregate its independent expenditures made in each calendar year to
determine its reporting obligation. When such a person makes
independent expenditures aggregating $10,000 or more for an election in
any calendar year, up to and including the 20th day before an election,
the person must report the independent expenditures on FEC Form 5, or
by signed statement if the person is not otherwise required to file
electronically under 11 CFR 104.18.
* * * * *
PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS
0
13. The authority citation for part 110 continues to read as follows:
Authority: 52 U.S.C. 30101(8), 30101(9), 30102(c)(2),
30104(i)(3), 30111(a)(8), 30116, 30118, 30120, 30121, 30122, 30123,
30124, and 36 U.S.C. 510.
Sec. 110.1 [Amended]
0
14. Amend paragraph (b)(6) by removing ``11 CFR 110.1(1)(4)'' and
adding in its place ``11 CFR 110.1(l)(4)''.
Sec. 110.2 [Amended]
0
15. Amend paragraph (b)(6) by removing ``11 CFR 110.1(1)(4)'' and
adding in its place ``11 CFR 110.1(l)(4)''.
PART 113--PERMITTED AND PROHIBITED USES OF CAMPAIGN ACCOUNTS
0
16. The authority citation for part 113 continues to read as follows:
Authority: 52 U.S.C. 30102(h), 30111(a)(8), 30114, and 30116.
Sec. 113.1 [Amended]
0
17. Amend the last sentence of paragraph (g)(1)(i)(I) of Sec. 104.4 by
removing ``11 CFR 100.5(f)(1)'' and
[[Page 34864]]
adding in its place ``paragraph (c) of this section''.
PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY
0
18. The authority citation for part 114 continues to read as follows:
Authority: 52 U.S.C. 30101(8), 30101(9), 30102, 30104,
30107(a)(8), 30111(a)(8), 30118.
Sec. 114.2 [Amended]
0
19. Amend the note to paragraph (b) of Sec. 114.2 by removing all
references to ``non-connected'' and adding in their place
``nonconnected''.
Sec. 114.10 [Amended]
0
20. Amend the note to paragraph (a) of Sec. 114.10 by removing all
references to ``non-connected'' and adding in their place
``nonconnected''.
PART 9004--ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS; USE OF
PAYMENTS
0
21. The authority citation for part 9004 continues to read as follows:
Authority: 26 U.S.C. 9004 and 9009(b).
Sec. 9004.6 [Amended]
0
22. Amend the subject heading to paragraph (c) introductory text of
Sec. 9004.6 by removing ``Deducation'' and adding in its place
``Deduction''.
PART 9034--ENTITLEMENTS
0
23. The authority citation for part 9034 continues to read as follows:
Authority: 26 U.S.C. 9034 and 9039(b).
Sec. 9034.2 [Amended]
0
24. Amend paragraph (c)(1)(iii) of Sec. 9034.2 by removing ``11 CFR
110.1 (1), (3), (5), and (6)'' and adding in its place ``11 CFR
110.1(l)(3), (5), and (6)''.
On behalf of the Commission,
Dated: May 23, 2016.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2016-12661 Filed 5-31-16; 8:45 am]
BILLING CODE 6715-01-P
