80_FR_16654 80 FR 16594 - Rulemaking Petition: Administrative Fines Program and Commission Forms

80 FR 16594 - Rulemaking Petition: Administrative Fines Program and Commission Forms

FEDERAL ELECTION COMMISSION

Federal Register Volume 80, Issue 60 (March 30, 2015)

Page Range16594-16595
FR Document2015-07176

On January 23, 2015, the Federal Election Commission received a Petition for Rulemaking asking the Commission to expand its Administrative Fines Program and to revise and update several Commission forms and their instructions. The Commission seeks comments on this petition.

Federal Register, Volume 80 Issue 60 (Monday, March 30, 2015) 
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Proposed Rules]
[Pages 16594-16595]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07176]


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FEDERAL ELECTION COMMISSION

11 CFR Part 111

[Notice 2015-05]


Rulemaking Petition: Administrative Fines Program and Commission 
Forms

AGENCY: Federal Election Commission.

ACTION: Rulemaking Petition: Notice of availability.

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SUMMARY: On January 23, 2015, the Federal Election Commission received 
a Petition for Rulemaking asking the Commission to expand its 
Administrative Fines Program and to revise and update several 
Commission forms and their instructions. The Commission seeks comments 
on this petition.

DATES: Comments must be submitted on or before May 29, 2015.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's Web site at 
http://www.fec.gov/fosers, reference REG 2015-01, or by email to 
[email protected]. Alternatively, commenters may submit comments in 
paper form, addressed to the Federal Election Commission, Attn.: Robert 
M. Knop, Assistant General Counsel, 999 E Street NW., Washington, DC 
20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, state, and zip code. 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 Web site and in the Commission's Public Records room. 
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: Mr. Robert M. Knop, Assistant General 
Counsel, Mr. Neven F. Stipanovic, Attorney, or Ms. Holly Ratliff, 
Office of General Counsel, 999 E Street NW., Washington, DC 20463, 
(202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: On January 23, 2015, the Federal Election 
Commission received a Petition for Rulemaking from seven attorneys \1\ 
(collectively ``petitioners'') regarding the Commission's 
Administrative Fines Program (``AFP'') and several of the Commission's 
forms and their accompanying instructions. Under the AFP, the 
Commission assesses civil monetary penalties for late filing and 
failure to file certain reports as required by 52 U.S.C. 30104(a) 
(formerly 2 U.S.C. 434(a)) (requiring political committee treasurers to 
report receipts and disbursements within certain time periods). 11 CFR 
111.30; see also 52 U.S.C. 30109(a)(4)(C) (formerly 2 U.S.C. 
437g(a)(4)(C)). If the Commission determines that such a violation has 
occurred, it may assess a civil monetary penalty according to the AFP 
penalty schedules at 11 CFR 111.43-.44.
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    \1\ Messrs. Robert F. Bauer, Allen Dickerson, Benjamin L. 
Ginsberg, Donald F. McGahn II, Laurence E. Gold, Robert D. Lenhard, 
and Bradley A. Smith.
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    In December 2013, Congress authorized the Commission to expand the 
scope of the AFP to encompass reporting violations for reports filed 
under 52 U.S.C. 30104(c) (formerly 2 U.S.C. 434(c)) (certain 
independent expenditure reports), 52 U.S.C. 30104(e) (formerly 2 U.S.C. 
434(e)) (certain federal election activity reports), 52 U.S.C. 30104(f) 
(formerly 2 U.S.C. 434(f)) (electioneering communications reports), 52 
U.S.C. 30104(g) (formerly 2 U.S.C. 434(g)) (24- and 48-hour independent 
expenditure reports), 52 U.S.C. 30104(i) (formerly 2 U.S.C. 434(i)) 
(bundled contribution reports), and 52 U.S.C. 30105 (formerly 2 U.S.C. 
437) (certain convention reports). See Public Law 113-72, 127 Stat. 
1210 (2013). The petitioners ask the Commission to conduct a rulemaking 
to expand the scope of the AFP to these additional categories of 
reporting violations, using an approach that considers the criteria in 
the penalty schedule found at 11 CFR 111.43 (election sensitivity, 
level of activity, number of days late, and number of previous 
violations) and similar factors but eschews a strict formulaic penalty.
    The petitioners also ask the Commission to revise several of its

[[Page 16595]]

forms and their instructions. The proposals are divided into five 
categories, wherein the petitioners ask the Commission to: (1) 
Eliminate the need for ``sophisticated accounting techniques'' by 
``add[ing] a single, streamlined page to Form 3X for reporting all in-
kind contributions'' and ``clarify[ing] that committees need only 
engage in best efforts to reasonably ascertain the value of 
expenditures subject to 24- and 48-hour reports''; (2) revise the forms 
to ``reflect the existence of independent-expenditure only 
committees''; (3) revise the forms to ``reflect the existence of Carey 
funds''; (4) revise the forms to ``recognize that corporations and 
labor organizations may make contributions to IE PACs''; and (5) revise 
the forms to ``confine Form 3X to nonconnected committees and separate 
segregated funds, create a separate reporting form for political party 
committees, and thoroughly redesign Form 3X.''
    The Commission seeks comments on the petition. The public may 
inspect the Petition for Rulemaking on the Commission's Web site at 
http://www.fec.gov/fosers, or in the Commission's Public Records 
Office, 999 E Street NW., Washington, DC 20463, Monday through Friday, 
from 9 a.m. to 5 p.m. Interested persons may also obtain a copy of the 
petition by dialing the Commission's Faxline service at (202) 501-3413 
and following its instructions. Request document #277.
    The Commission will not consider the petition's merits until after 
the comment period closes. If the Commission decides that the petition 
has merit, it may begin a rulemaking proceeding. The Commission will 
announce any action that it takes in the Federal Register.

    On behalf of the Commission.
    Dated: March 24, 2015.
Ann M. Ravel,
Chair, Federal Election Commission.
[FR Doc. 2015-07176 Filed 3-27-15; 8:45 am]
 BILLING CODE 6715-01-P

16594 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Proposed Rules Background additional time to prepare and submit commercial or financial information comments. that is privileged or confidential. On January 2, 2015, we published in Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, FOR FURTHER INFORMATION CONTACT: Mr. the Federal Register (80 FR 6 through 13, Docket No. APHIS–2014–0018) a 2.80, and 371.4. Robert M. Knop, Assistant General proposal to amend the regulations in 9 Done in Washington, DC, this 24th day of Counsel, Mr. Neven F. Stipanovic, March 2015. Attorney, or Ms. Holly Ratliff, Office of CFR subchapters B and C. Jere L. Dick, General Counsel, 999 E Street NW., We proposed to amend the Washington, DC 20463, (202) 694–1650 regulations in part 51 of subchapter B Acting Administrator, Animal and Plant or (800) 424–9530. and several parts of subchapter C to, Health Inspection Service. SUPPLEMENTARY INFORMATION: On among other things, replace references [FR Doc. 2015–07217 Filed 3–27–15; 8:45 am] January 23, 2015, the Federal Election to ‘‘approved livestock facilities,’’ BILLING CODE 3410–34–P Commission received a Petition for ‘‘approved stockyards’’ and Rulemaking from seven attorneys 1 ‘‘specifically approved stockyards’’ with (collectively ‘‘petitioners’’) regarding the the term ‘‘approved livestock marketing FEDERAL ELECTION COMMISSION Commission’s Administrative Fines facilities.’’ Program (‘‘AFP’’) and several of the We proposed to amend the 11 CFR Part 111 Commission’s forms and their regulations in § 71.20, which provide accompanying instructions. Under the [Notice 2015–05] the conditions under which the Animal AFP, the Commission assesses civil and Plant Health Inspection Service Rulemaking Petition: Administrative monetary penalties for late filing and (APHIS) of the United States Fines Program and Commission Forms failure to file certain reports as required Department of Agriculture may approve by 52 U.S.C. 30104(a) (formerly 2 U.S.C. a livestock facility to receive livestock AGENCY: Federal Election Commission. 434(a)) (requiring political committee that are moved interstate under ACTION: Rulemaking Petition: Notice of treasurers to report receipts and conditions that are afforded only to such availability. disbursements within certain time approved facilities. The current periods). 11 CFR 111.30; see also 52 regulations in that section require the SUMMARY: On January 23, 2015, the U.S.C. 30109(a)(4)(C) (formerly 2 U.S.C. person legally responsible for the day- Federal Election Commission received a 437g(a)(4)(C)). If the Commission to-day operations of the facility to Petition for Rulemaking asking the determines that such a violation has execute an agreement with APHIS Commission to expand its occurred, it may assess a civil monetary regarding the manner in which the Administrative Fines Program and to penalty according to the AFP penalty facility will operate, if approved. The revise and update several Commission schedules at 11 CFR 111.43–.44. provisions of the agreement are forms and their instructions. The In December 2013, Congress currently set forth in the regulations. Commission seeks comments on this authorized the Commission to expand We proposed to remove the terms of petition. the scope of the AFP to encompass the agreement from the regulations, and DATES: Comments must be submitted on reporting violations for reports filed place them instead in a document titled or before May 29, 2015. under 52 U.S.C. 30104(c) (formerly 2 ‘‘The Approved Livestock Marketing ADDRESSES: All comments must be in U.S.C. 434(c)) (certain independent Facility Agreement,’’ which we would writing. Commenters are encouraged to expenditure reports), 52 U.S.C. 30104(e) maintain on the Internet. We also submit comments electronically via the (formerly 2 U.S.C. 434(e)) (certain proposed to update the terms of the Commission’s Web site at http:// federal election activity reports), 52 agreement and to make other www.fec.gov/fosers, reference REG U.S.C. 30104(f) (formerly 2 U.S.C. amendments to § 71.20 that would 2015–01, or by email to 434(f)) (electioneering communications update and clarify the section’s content. FinesAndForms@fec.gov. Alternatively, reports), 52 U.S.C. 30104(g) (formerly 2 We proposed to revise § 86.4 in order commenters may submit comments in U.S.C. 434(g)) (24- and 48-hour to clarify the conditions under which paper form, addressed to the Federal independent expenditure reports), 52 cattle and bison may be moved Election Commission, Attn.: Robert M. U.S.C. 30104(i) (formerly 2 U.S.C. interstate to an approved livestock Knop, Assistant General Counsel, 999 E 434(i)) (bundled contribution reports), marketing facility without official Street NW., Washington, DC 20463. and 52 U.S.C. 30105 (formerly 2 U.S.C. identification. We also proposed to Each commenter must provide, at a 437) (certain convention reports). See revise § 86.5 in order to clarify the minimum, his or her first name, last Public Law 113–72, 127 Stat. 1210 conditions under which cattle or bison name, city, state, and zip code. All (2013). The petitioners ask the may be moved interstate to an approved properly submitted comments, Commission to conduct a rulemaking to livestock facility without an including attachments, will become part expand the scope of the AFP to these accompanying interstate certificate of of the public record, and the additional categories of reporting veterinary inspection or owner-shipper Commission will make comments violations, using an approach that statement. available for public viewing on the considers the criteria in the penalty Comments on the proposed rule were Commission’s Web site and in the schedule found at 11 CFR 111.43 required to be received on or before Commission’s Public Records room. (election sensitivity, level of activity, March 3, 2015. We are reopening the Accordingly, commenters should not number of days late, and number of previous violations) and similar factors tkelley on DSK3SPTVN1PROD with PROPOSALS comment period on Docket No. APHIS– provide in their comments any 2014–0018. The comment period will information that they do not wish to but eschews a strict formulaic penalty. now close on April 15, 2015. We will make public, such as a home street The petitioners also ask the also accept all comments received address, personal email address, date of Commission to revise several of its between March 4, 2015 (the day after birth, phone number, social security 1 Messrs. Robert F. Bauer, Allen Dickerson, the close of the original comment number, or driver’s license number, or Benjamin L. Ginsberg, Donald F. McGahn II, period) and the date of this notice. This any information that is restricted from Laurence E. Gold, Robert D. Lenhard, and Bradley action will allow interested persons disclosure, such as trade secrets or A. Smith. VerDate Sep<11>2014 17:11 Mar 27, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1

Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Proposed Rules 16595 forms and their instructions. The Petition for Rulemaking from Public 2 U.S.C. 441c(a)(2)). The petitioner asks proposals are divided into five Citizen. The petitioner asks the the Commission to amend 11 CFR part categories, wherein the petitioners ask Commission to amend its regulations 115 to include certain factors for the Commission to: (1) Eliminate the regarding federal contractors to include determining whether entities of the need for ‘‘sophisticated accounting certain factors for determining whether same corporate family are distinct techniques’’ by ‘‘add[ing] a single, entities of the same corporate family are business entities for purposes of these streamlined page to Form 3X for distinct business entities for purposes of prohibitions. The Commission seeks reporting all in-kind contributions’’ and the prohibition on contributions by comments on the petition. ‘‘clarify[ing] that committees need only federal contractors. The Commission The public may inspect the Petition engage in best efforts to reasonably seeks comments on this petition. for Rulemaking on the Commission’s ascertain the value of expenditures DATES: Comments must be submitted on Web site at http://www.fec.gov/fosers, or subject to 24- and 48-hour reports’’; (2) or before May 29, 2015. in the Commission’s Public Records revise the forms to ‘‘reflect the existence ADDRESSES: All comments must be in Office, 999 E Street, NW., Washington, of independent-expenditure only writing. Commenters are encouraged to DC 20463, Monday through Friday, from committees’’; (3) revise the forms to submit comments electronically via the 9 a.m. to 5 p.m. Interested persons may ‘‘reflect the existence of Carey funds’’; Commission’s Web site at http:// also obtain a copy of the petition by (4) revise the forms to ‘‘recognize that www.fec.gov/fosers, reference REG dialing the Commission’s Faxline corporations and labor organizations 2014–09, or by email to service at (202) 501–3413 and following may make contributions to IE PACs’’; ContractorPetition@fec.gov. its instructions. Request document and (5) revise the forms to ‘‘confine Alternatively, commenters may submit #276. Form 3X to nonconnected committees comments in paper form, addressed to The Commission will not consider the and separate segregated funds, create a the Federal Election Commission, Attn.: petition’s merits until after the comment separate reporting form for political Amy L. Rothstein, Assistant General period closes. If the Commission party committees, and thoroughly Counsel, 999 E Street NW., Washington, decides that the petition has merit, it redesign Form 3X.’’ DC 20463. may begin a rulemaking proceeding. The Commission seeks comments on Each commenter must provide, at a The Commission will announce any the petition. The public may inspect the minimum, his or her first name, last action that it takes in the Federal Petition for Rulemaking on the name, city, state, and zip code. All Register. Commission’s Web site at http:// properly submitted comments, On behalf of the Commission, www.fec.gov/fosers, or in the including attachments, will become part Dated: March 24, 2015. Commission’s Public Records Office, of the public record, and the Ann M. Ravel, 999 E Street NW., Washington, DC Commission will make comments 20463, Monday through Friday, from 9 Chair, Federal Election Commission. available for public viewing on the a.m. to 5 p.m. Interested persons may [FR Doc. 2015–07177 Filed 3–27–15; 8:45 am] Commission’s Web site and in the also obtain a copy of the petition by Commission’s Public Records room. BILLING CODE 6715–01–P dialing the Commission’s Faxline Accordingly, commenters should not service at (202) 501–3413 and following provide in their comments any its instructions. Request document information that they do not wish to NATIONAL CREDIT UNION #277. make public, such as a home street ADMINISTRATION The Commission will not consider the address, personal email address, date of petition’s merits until after the comment 12 CFR Part 701 birth, phone number, social security period closes. If the Commission number, or driver’s license number, or RIN 3133–AE39 decides that the petition has merit, it any information that is restricted from may begin a rulemaking proceeding. disclosure, such as trade secrets or Federal Credit Union Ownership of The Commission will announce any commercial or financial information Fixed Assets action that it takes in the Federal that is privileged or confidential. Register. AGENCY: National Credit Union FOR FURTHER INFORMATION CONTACT: Mrs. Administration (NCUA). On behalf of the Commission. Amy L. Rothstein, Assistant General Dated: March 24, 2015. ACTION: Proposed rule. Counsel, or Mr. Neven F. Stipanovic, Ann M. Ravel, Attorney, 999 E Street NW., SUMMARY: The NCUA Board (Board) is Chair, Federal Election Commission. Washington, DC 20463, (202) 694–1650 issuing for public comment this [FR Doc. 2015–07176 Filed 3–27–15; 8:45 am] or (800) 424–9530. proposed rule (2015 proposal) to amend BILLING CODE 6715–01–P SUPPLEMENTARY INFORMATION: On its regulation governing federal credit November 18, 2014, the Commission union (FCU) ownership of fixed assets. received a Petition for Rulemaking from To provide regulatory relief to FCUs, the FEDERAL ELECTION COMMISSION Public Citizen regarding part 115 of the 2015 proposal eliminates a provision in Commission’s regulations. Part 115 the current fixed assets rule that 11 CFR Part 115 prohibits federal contractors from established a five percent aggregate limit [Notice 2015–06] making contributions or expenditures to on investments in fixed assets for FCUs any political party, political committee, with $1,000,000 or more in assets. It Rulemaking Petition: Federal tkelley on DSK3SPTVN1PROD with PROPOSALS or federal candidate, or to any person also eliminates the provisions in the Contractors for any political purpose or use. 11 CFR current fixed assets rule relating to AGENCY: Federal Election Commission. 115.2(a); see also 52 U.S.C. 30119(a)(1) waivers from the aggregate limit. ACTION: Rulemaking Petition: Notice of (formerly 2 U.S.C. 441c(a)(1)). Part 115 Further, instead of applying the availability. further prohibits any person from prescriptive aggregate limit provided by knowingly soliciting a contribution from regulation in the current fixed assets SUMMARY: On November 18, 2014, the any federal contractor. 11 CFR 115.2(c); rule, the Board proposes to oversee FCU Federal Election Commission received a see also 52 U.S.C. 30119(a)(2) (formerly ownership of fixed assets through the VerDate Sep<11>2014 17:11 Mar 27, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\30MRP1.SGM 30MRP1


Document Created: 2015-12-18 11:32:46
Document Modified: 2015-12-18 11:32:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRulemaking Petition: Notice of availability.
DatesComments must be submitted on or before May 29, 2015.
ContactMr. Robert M. Knop, Assistant General Counsel, Mr. Neven F. Stipanovic, Attorney, or Ms. Holly Ratliff, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
FR Citation80 FR 16594 
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