Contributions in the Name of Another, 33816-33817 [2023-11055]

Download as PDF 33816 Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Rules and Regulations List of Subjects in 7 CFR Part 205 Administrative practice and procedure, Agricultural commodities, Agriculture, Animals, Archives and records, Fees, Imports, Labeling, Organically produced products, Plants, Reporting and recordkeeping requirements, Seals and insignia, Soil conservation. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 205 as follows: PART 205—NATIONAL ORGANIC PROGRAM 1. The authority citation for 7 CFR part 205 continues to read as follows: ■ Authority: 7 U.S.C. 6501–6524. § 205.606 [Amended] 2. Amend § 205.606 by removing paragraph (x). ■ Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2023–11149 Filed 5–24–23; 8:45 am] BILLING CODE P DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1740 [Docket No. RUS–22-Telecom-0056] RIN 0572–AC62 Rural eConnectivity Program Rural Utilities, USDA. Final rule; confirmation and response to comments. AGENCY: ACTION: The Rural Utilities Service (RUS or Agency), an agency in the United States Department of Agriculture (USDA) Rural Development Mission area, published a final rule with comment in the Federal Register on January 30, 2023, to make updates to the Rural eConnectivity Program (ReConnect Program) regulation to ensure that requirements are clear, accurate as presented and in compliance with Federal reporting requirements. Through this action, RUS is confirming the final rule as it was published and providing responses to the public comments that were received. DATES: As of May 25, 2023, the final rule published January 30, 2023, at 88 FR 5724, effective May 1, 2023, is confirmed. lotter on DSK11XQN23PROD with RULES1 SUMMARY: FOR FURTHER INFORMATION CONTACT: Laurel Leverrier, Assistant VerDate Sep<11>2014 15:53 May 24, 2023 Jkt 259001 Administrator; Telecommunication Program; Rural Development; U.S. Department of Agriculture; 1400 Independence Avenue SW; Room 4121– S; Washington, DC 20250; telephone 202–720–3416, email laurel.leverrier@ usda.gov. Persons with disabilities or who require alternative means for communication should contact the USDA Target Center at 202–720–2600. SUPPLEMENTARY INFORMATION: The ReConnect Program was authorized by the Consolidated Appropriations Act, 2018 (Pub. L. 115–141), which directed the program to be conducted under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq). The ReConnect Program provides loans, grants, and loan/grant combinations to facilitate broadband deployment in rural areas. In facilitating the expansion of broadband services and infrastructure, the program fuels long-term rural economic development and opportunities across rural America. The final rule that published January 30, 2023, (88 FR 5724), included a 60day comment period that ended on March 31, 2023. The intent of the changes outlined in the final rule was to remove outdated requirements and ensure that the requirements in the regulation are clear, accurate as presented, and in compliance with Federal reporting requirements. The Agency received comments from 3 respondents. Respondents included one telecommunications company and two industry associations The following are the comments received and the Agency’s responses: Comment: Cimarron Telephone Company, LLC stated that the requirement to have a Tribal Resolution of Support be part of the ReConnect Program application may deter some potential applicants from the program. The respondent also states that this could lessen the amount of rural Americans receiving any service or lessen the chance that current services would be upgraded. The respondent offered examples they personally experienced that lead them to encourage the Agency to change this requirement. The respondent recommends requiring the resolution to be submitted within 120 days of the applicant being selected for an award. Agency response: The Agency appreciates the comments provided by the respondent; however, it is a priority of this Administration that tribal sovereignty be respected by not imposing federal projects over tribal lands without their consent. Comment: NCTA—The internet and Telephone Association expressed PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 appreciation for the work done by the Agency to streamline the requirements of the ReConnect Program. They also praised the Agency for its clarification of the Buy America requirements. The respondent also encourages the Agency to allow awardees to continue to use their parent entity’s consolidated audit after an award is made, if applicable. Agency response: The Agency appreciates the comments provided by the respondent. Comment: NTCA—The Rural Broadband Association expressed concern about the impact of the Build America, Buy America Act on nonFederal entities who receive ReConnect Program funding. Additionally, the respondent offered data indicating that there would be strain on the supply chains which produce needed equipment for those non-Federal entities required to comply with the law. The respondent feels that there are two standards, depending on what type of organization your entity is, and that by treating all entities the same would make it easier for all companies to comply with the Build America, Buy America Act. Agency response: The Agency appreciates the comments provided by the respondent; however, the entity status for compliance with the Build America, Buy America Act is set in statute, whereas the RUS Buy American requirement applies to all entities also by statute. As such, the requested change is beyond the control of the agency. No change to the rulemaking is necessary. The RUS appreciates comments from interested parties. The Agency confirms the final rule without change. Andrew Berke, Administrator, Rural Utilities Service. [FR Doc. 2023–11134 Filed 5–24–23; 8:45 am] BILLING CODE 3410–15–P FEDERAL ELECTION COMMISSION 11 CFR Part 110 [Notice 2023–09] Contributions in the Name of Another Federal Election Commission. Interim final rule. AGENCY: ACTION: The Commission is removing the regulatory prohibition on knowingly helping or assisting any person in making a contribution in the name of another. The Commission is taking this action to implement the order of the United States District Court in FEC v. SUMMARY: E:\FR\FM\25MYR1.SGM 25MYR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Rules and Regulations Swallow, which enjoined the Commission from enforcing the provision and ordered the Commission to strike it from the Code of Federal Regulations. The Commission is accepting comments on this revision to its regulations and any comments received may be addressed in a subsequent rulemaking document. DATES: This interim final rule is effective August 5, 2023. Comments must be received on or before June 26, 2023. ADDRESSES: All comments must be in writing. Commenters are encouraged to submit comments electronically via the Commission’s website at https:// sers.fec.gov/fosers, reference REG 2018– 06, to ensure timely receipt and consideration. Alternatively, comments may be submitted in paper form addressed to the Federal Election Commission, Attn.: Amy L. Rothstein, Assistant General Counsel, 1050 First Street NE, Washington, DC 20463. Each commenter must provide, at a minimum, the commenter’s first name, last name, city, and state. All properly submitted comments, including attachments, will become part of the public record, and the Commission will make comments available for public viewing on the Commission’s website and in the Commission’s Public Records Office. Accordingly, commenters should not provide in their comments any information that they do not wish to make public, such as a home street address, personal email address, date of birth, phone number, social security number, or driver’s license number, or any information that is restricted from disclosure, such as trade secrets or commercial or financial information that is privileged or confidential. FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant General Counsel, or Ms. Cheryl A. Hemsley, Attorney, (202) 694–1650 or (800) 424– 9530. SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act, 52 U.S.C. 30101–30145 (‘‘FECA’’), states that ‘‘[n]o person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person.’’ 52 U.S.C. 30122. The Commission has implemented this provision at 11 CFR 110.4, which states that no person may ‘‘[k]nowingly help or assist any person in making a contribution in the name of another.’’ 11 CFR 110.4(b)(1)(iii). On April 6, 2018, the United States District Court for the District of Utah VerDate Sep<11>2014 15:53 May 24, 2023 Jkt 259001 issued a memorandum decision and order holding that the Commission’s regulation at 11 CFR 110.4(b)(1)(iii) was invalid, enjoining the Commission from enforcing that provision, and ordering the Commission to strike the provision from the Code of Federal Regulations.1 FEC v. Swallow (Swallow I), 304 F. Supp. 3d 1113 (D. Utah 2018); FEC v. Swallow (Swallow II), No. 2:15–CV– 00439 (D. Utah Sept. 20, 2018) (Westlaw) (order granting partial final judgment). To conform its regulation to the court orders in Swallow I and II, the Commission is removing 11 CFR 110.4(b)(1)(iii) and renumbering paragraph (b)(1)(iv) as paragraph (b)(1)(iii). The Commission is accepting comments on this revision and any comments received may be addressed in a subsequent rulemaking document. The Commission is taking this action without advance notice and comment because it falls under the ‘‘good cause’’ exception of the Administrative Procedure Act (‘‘APA’’), 5 U.S.C. 553(b)(B). The revisions are necessary to conform the Commission’s regulations to the court’s orders. Because this action does not involve any Commission discretion or policy judgments, notice and comment are unnecessary. 5 U.S.C. 553(b)(B), (d)(3). Moreover, because this interim final rule is exempt from the APA’s notice and comment procedure 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). List of Subjects in 11 CFR Part 110 Campaign funds, Political committees and parties. For the reasons set out in the preamble, the Federal Election Commission amends 11 CFR chapter I as follows: PART 110—CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS 1. The authority citation for part 110 continues to read as follows: ■ 1 After adverse decisions, agencies are permitted in certain circumstances to maintain the invalidated interpretation of the statute or regulation in later matters that will come before courts in other jurisdictions. See, e.g., Indep. Petroleum Ass’n v. Babbitt, 92 F.3d 1248, 1261 (D.C. Cir. 1996). Agencies may only decline to accord court rulings nation-wide effect, however, as part of a search for eventual rulings from different Courts of Appeals and the Supreme Court. See, e.g., Va. Soc’y for Human Life, Inc. v. FEC, 263 F.3d 379, 393–94 (4th Cir. 2001) (overturning nationwide injunction against Commission to permit development of the law). In declining to appeal to the Court of Appeals, the Commission chose not to take this path in this case. See Indep. Petroleum Ass’n, 92 F.3d at 1261. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 33817 Authority: 52 U.S.C. 30101(8), 30101(9), 30102(c)(2) and (g), 30104(i)(3), 30111(a)(8), 30116, 30118, 30120, 30121, 30122, 30123, 30124, and 36 U.S.C. 510. § 110.4 [Amended] 2. Amend § 110.4 by: a. Adding the word ‘‘or’’ at the end of paragraph (b)(1)(ii); ■ b. Removing paragraph (b)(1)(iii); and ■ c. Redesignating paragraph (b)(1)(iv) as paragraph (b)(1)(iii). ■ ■ Dated: May 18, 2023. On behalf of the Commission. Dara S. Lindenbaum, Chair, Federal Election Commission. [FR Doc. 2023–11055 Filed 5–24–23; 8:45 am] BILLING CODE 6715–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1410; Project Identifier AD–2022–00198–T; Amendment 39–22427; AD 2023–09–04] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes, and certain Model 737– 8 and –9 airplanes. This AD was prompted by reports of uncommanded escape slide deployments in the passenger compartment, caused by too much tension in the inflation cable and the movement of the escape slide assembly in the escape slide compartment. This AD requires inspecting all escape slide assemblies to identify affected parts, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 29, 2023. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of June 29, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1410; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket SUMMARY: E:\FR\FM\25MYR1.SGM 25MYR1

Agencies

Federal Election Commission

[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Rules and Regulations]
[Pages 33816-33817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11055]


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FEDERAL ELECTION COMMISSION

11 CFR Part 110

[Notice 2023-09]


Contributions in the Name of Another

AGENCY: Federal Election Commission.

ACTION: Interim final rule.

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SUMMARY: The Commission is removing the regulatory prohibition on 
knowingly helping or assisting any person in making a contribution in 
the name of another. The Commission is taking this action to implement 
the order of the United States District Court in FEC v.

[[Page 33817]]

Swallow, which enjoined the Commission from enforcing the provision and 
ordered the Commission to strike it from the Code of Federal 
Regulations. The Commission is accepting comments on this revision to 
its regulations and any comments received may be addressed in a 
subsequent rulemaking document.

DATES: This interim final rule is effective August 5, 2023. Comments 
must be received on or before June 26, 2023.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's website at 
https://sers.fec.gov/fosers, reference REG 2018-06, to ensure timely 
receipt and consideration. Alternatively, comments may be submitted in 
paper form addressed to the Federal Election Commission, Attn.: Amy L. 
Rothstein, Assistant General Counsel, 1050 First Street NE, Washington, 
DC 20463.
    Each commenter must provide, at a minimum, the commenter's first 
name, last name, city, and state. All properly submitted comments, 
including attachments, will become part of the public record, and the 
Commission will make comments available for public viewing on the 
Commission's website and in the Commission's Public Records Office. 
Accordingly, commenters should not provide in their comments any 
information that they do not wish to make public, such as a home street 
address, personal email address, date of birth, phone number, social 
security number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant 
General Counsel, or Ms. Cheryl A. Hemsley, Attorney, (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: The Federal Election Campaign Act, 52 U.S.C. 
30101-30145 (``FECA''), states that ``[n]o person shall make a 
contribution in the name of another person or knowingly permit his name 
to be used to effect such a contribution, and no person shall knowingly 
accept a contribution made by one person in the name of another 
person.'' 52 U.S.C. 30122. The Commission has implemented this 
provision at 11 CFR 110.4, which states that no person may 
``[k]nowingly help or assist any person in making a contribution in the 
name of another.'' 11 CFR 110.4(b)(1)(iii).
    On April 6, 2018, the United States District Court for the District 
of Utah issued a memorandum decision and order holding that the 
Commission's regulation at 11 CFR 110.4(b)(1)(iii) was invalid, 
enjoining the Commission from enforcing that provision, and ordering 
the Commission to strike the provision from the Code of Federal 
Regulations.\1\ FEC v. Swallow (Swallow I), 304 F. Supp. 3d 1113 (D. 
Utah 2018); FEC v. Swallow (Swallow II), No. 2:15-CV-00439 (D. Utah 
Sept. 20, 2018) (Westlaw) (order granting partial final judgment). To 
conform its regulation to the court orders in Swallow I and II, the 
Commission is removing 11 CFR 110.4(b)(1)(iii) and renumbering 
paragraph (b)(1)(iv) as paragraph (b)(1)(iii). The Commission is 
accepting comments on this revision and any comments received may be 
addressed in a subsequent rulemaking document.
---------------------------------------------------------------------------

    \1\ After adverse decisions, agencies are permitted in certain 
circumstances to maintain the invalidated interpretation of the 
statute or regulation in later matters that will come before courts 
in other jurisdictions. See, e.g., Indep. Petroleum Ass'n v. 
Babbitt, 92 F.3d 1248, 1261 (D.C. Cir. 1996). Agencies may only 
decline to accord court rulings nation-wide effect, however, as part 
of a search for eventual rulings from different Courts of Appeals 
and the Supreme Court. See, e.g., Va. Soc'y for Human Life, Inc. v. 
FEC, 263 F.3d 379, 393-94 (4th Cir. 2001) (overturning nationwide 
injunction against Commission to permit development of the law). In 
declining to appeal to the Court of Appeals, the Commission chose 
not to take this path in this case. See Indep. Petroleum Ass'n, 92 
F.3d at 1261.
---------------------------------------------------------------------------

    The Commission is taking this action without advance notice and 
comment because it falls under the ``good cause'' exception of the 
Administrative Procedure Act (``APA''), 5 U.S.C. 553(b)(B). The 
revisions are necessary to conform the Commission's regulations to the 
court's orders. Because this action does not involve any Commission 
discretion or policy judgments, notice and comment are unnecessary. 5 
U.S.C. 553(b)(B), (d)(3). Moreover, because this interim final rule is 
exempt from the APA's notice and comment procedure 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).

List of Subjects in 11 CFR Part 110

    Campaign funds, Political committees and parties.

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

PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS

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

    Authority: 52 U.S.C. 30101(8), 30101(9), 30102(c)(2) and (g), 
30104(i)(3), 30111(a)(8), 30116, 30118, 30120, 30121, 30122, 30123, 
30124, and 36 U.S.C. 510.


Sec.  110.4  [Amended]

0
2. Amend Sec.  110.4 by:
0
a. Adding the word ``or'' at the end of paragraph (b)(1)(ii);
0
b. Removing paragraph (b)(1)(iii); and
0
c. Redesignating paragraph (b)(1)(iv) as paragraph (b)(1)(iii).

    Dated: May 18, 2023.

    On behalf of the Commission.
Dara S. Lindenbaum,
Chair, Federal Election Commission.
[FR Doc. 2023-11055 Filed 5-24-23; 8:45 am]
BILLING CODE 6715-01-P

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