81 FR 69722 - Rulemaking Petition: Implementing the Consolidated and Further Continuing Appropriations Act, 2015
FEDERAL ELECTION COMMISSION Federal Register Volume 81, Issue 195 (October 7, 2016)
Federal Register Volume 81, Issue 195 (October 7, 2016)
| Page Range | 69722-69723 | |
| FR Document | 2016-24309 |
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)] [Proposed Rules] [Pages 69722-69723] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24309] ----------------------------------------------------------------------- FEDERAL ELECTION COMMISSION 11 CFR Parts 102, 104, 106, 109, 110, 9008, and 9012 [Notice 2016-10] Rulemaking Petition: Implementing the Consolidated and Further Continuing Appropriations Act, 2015 AGENCY: Federal Election Commission. ACTION: Rulemaking Petition: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The Federal Election Commission has received a Petition for Rulemaking that asks the Commission to amend its regulations to implement amendments to the Federal Election Campaign Act made by the Consolidated and Further Continuing Appropriations Act, 2015, which established certain new accounts for national party committees. The petition also asks the Commission to amend its regulations regarding convention committees. The Commission seeks comments on this petition. DATES: Comments must be submitted on or before January 30, 2017. 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 2014-10, or by email to NationalPartyAccounts@fec.gov. Alternatively, commenters may submit comments in paper form, addressed to the Federal Election Commission, Attn.: Neven F. Stipanovic, Acting 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. Neven F. Stipanovic, Acting Assistant General Counsel, or Mr. Tony Buckley or Ms. Esther D. Gyory, Attorneys, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530. SUPPLEMENTARY INFORMATION: On January 8, 2016, the Federal Election Commission received a Petition for Rulemaking from the Perkins Coie LLP Political Law Group. The petition asks the Commission to adopt new regulations, and to revise its current regulations, to implement amendments to the Federal Election Campaign Act, 52 U.S.C. 30101-46 (``FECA''), made by the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-235, 128 Stat. 2130, 2772 (2014) (the ``Appropriations Act''). The petition also asks the Commission to adopt new regulations, and to amend its current regulations, regarding convention committees. The Appropriations Act amended FECA by establishing separate limits on contributions to three types of segregated accounts of national party committees (collectively ``party segregated accounts''). The party segregated accounts are for expenses incurred with respect to (1) presidential nominating conventions; (2) party headquarters buildings; and (3) election recounts or contests and other legal proceedings. 52 U.S.C. 30116(a)(9). The Appropriations Act permits a national party committee to maintain the party segregated accounts in addition to any other federal accounts that the committee may lawfully maintain. Under the Appropriations Act, a national party committee may use its presidential nominating convention account ``solely to defray expenses incurred with respect to a presidential nominating convention (including the payment of deposits) or to repay loans the proceeds of which were used to defray such expenses, except that the aggregate amount of expenditures the national committee of a political party may make from such account may not exceed $20,000,000 with respect to any single convention.'' 52 U.S.C. 30116(a)(9)(A). A committee may use its party headquarters building account ``solely to defray expenses incurred with respect to the construction, purchase, renovation, operation, and furnishing of one or more headquarters buildings of the party or to repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds used to defray such expenses.'' 52 U.S.C. 30116(a)(9)(B). Finally, a national party committee may use its election recounts or contests and other legal proceedings account to ``defray expenses incurred with respect to the preparation for and the conduct of election recounts and contests and other legal proceedings.'' 52 U.S.C. 30116(a)(9)(C). The petition asks the Commission to adopt a ``new regulatory framework'' for each type of party segregated account and to amend current regulations, or adopt new regulations, that would apply to all such accounts. The petition also addresses convention committees. Until recently, national party committees were entitled to receive public funds to defray the costs of their presidential nominating conventions. See 26 U.S.C. 9001-9013 (2012); 11 CFR part 9008. Commission regulations therefore established convention committees ``as a necessary requirement in order to enable the Commission to know who has initial responsibility for handling public funds and incurring expenditures.'' Presidential Election Campaign Fund and Federal Financing of Presidential Nominating Conventions, 44 FR 63036, 63038 (Nov. 1, 1979). In 2014, however, Congress terminated the public funding of presidential nominating conventions, while leaving in place most of the statutory framework that had implemented that funding system. See Gabriella Miller Kids First Research Act, Pub. L. 113-94, 128 Stat. 1085 (2014) (the ``Research Act''). Shortly after the Research Act was passed, in response to a request filed by two national party committees, the Commission issued an advisory opinion concluding that the requestors could establish convention committees to ``us[e] privately-raised funds solely to pay for the same types of convention expenses for which public funds were previously used.'' [[Page 69723]] Advisory Opinion 2014-12 (Democratic National Committee et al.) at 5 (internal quotation marks omitted). The petition asks the Commission to adopt new regulations, and amend its current regulations, to address convention committees, as well as to remove related regulations that are now ``obsolete.'' The Commission seeks comments on the petition. The public may inspect the petition 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 #282. 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. Dated: September 29, 2016. On behalf of the Commission. Matthew S. Petersen, Chairman, Federal Election Commission. [FR Doc. 2016-24309 Filed 10-6-16; 8:45 am] BILLING CODE 6715-01-P
![69722 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules
999 E Street NW., Washington, DC Each commenter must provide, at a nominating convention (including the
20463, Monday through Friday, from 9 minimum, his or her first name, last payment of deposits) or to repay loans
a.m. to 5 p.m. Interested persons may name, city, state, and zip code. All the proceeds of which were used to
also obtain a copy of the petition by properly submitted comments, defray such expenses, except that the
dialing the Commission’s Faxline including attachments, will become part aggregate amount of expenditures the
service at (202) 501–3413 and following of the public record, and the national committee of a political party
its instructions. Request document Commission will make comments may make from such account may not
#283. available for public viewing on the exceed $20,000,000 with respect to any
The Commission will not consider the Commission’s Web site and in the single convention.’’ 52 U.S.C.
petition’s merits until after the comment Commission’s Public Records room. 30116(a)(9)(A). A committee may use its
period closes. If the Commission Accordingly, commenters should not party headquarters building account
decides that the petition has merit, it provide in their comments any ‘‘solely to defray expenses incurred with
may begin a rulemaking proceeding. information that they do not wish to respect to the construction, purchase,
The Commission will announce any make public, such as a home street renovation, operation, and furnishing of
action that it takes in the Federal address, personal email address, date of one or more headquarters buildings of
Register. birth, phone number, social security the party or to repay loans the proceeds
On behalf of the Commission, number, or driver’s license number, or of which were used to defray such
Dated: September 29, 2016.
any information that is restricted from expenses, or otherwise to restore funds
disclosure, such as trade secrets or used to defray such expenses.’’ 52
Matthew S. Petersen,
commercial or financial information U.S.C. 30116(a)(9)(B). Finally, a national
Chairman, Federal Election Commission. that is privileged or confidential. party committee may use its election
[FR Doc. 2016–24310 Filed 10–6–16; 8:45 am] recounts or contests and other legal
FOR FURTHER INFORMATION CONTACT: Mr.
BILLING CODE 6715–01–P
Neven F. Stipanovic, Acting Assistant proceedings account to ‘‘defray
General Counsel, or Mr. Tony Buckley expenses incurred with respect to the
or Ms. Esther D. Gyory, Attorneys, preparation for and the conduct of
FEDERAL ELECTION COMMISSION election recounts and contests and other
Office of General Counsel, 999 E Street
11 CFR Parts 102, 104, 106, 109, 110, NW., Washington, DC 20463, (202) 694– legal proceedings.’’ 52 U.S.C.
9008, and 9012 1650 or (800) 424–9530. 30116(a)(9)(C). The petition asks the
SUPPLEMENTARY INFORMATION: On Commission to adopt a ‘‘new regulatory
January 8, 2016, the Federal Election framework’’ for each type of party
[Notice 2016–10]
Commission received a Petition for segregated account and to amend
Rulemaking Petition: Implementing the Rulemaking from the Perkins Coie LLP current regulations, or adopt new
Consolidated and Further Continuing Political Law Group. The petition asks regulations, that would apply to all such
Appropriations Act, 2015 the Commission to adopt new accounts.
regulations, and to revise its current The petition also addresses
AGENCY: Federal Election Commission. regulations, to implement amendments convention committees. Until recently,
ACTION: Rulemaking Petition: Notice of to the Federal Election Campaign Act, national party committees were entitled
availability. 52 U.S.C. 30101–46 (‘‘FECA’’), made by to receive public funds to defray the
the Consolidated and Further costs of their presidential nominating
SUMMARY: The Federal Election conventions. See 26 U.S.C. 9001–9013
Continuing Appropriations Act, 2015,
Commission has received a Petition for (2012); 11 CFR part 9008. Commission
Pub. L. 113–235, 128 Stat. 2130, 2772
Rulemaking that asks the Commission to regulations therefore established
(2014) (the ‘‘Appropriations Act’’). The
amend its regulations to implement convention committees ‘‘as a necessary
petition also asks the Commission to
amendments to the Federal Election requirement in order to enable the
adopt new regulations, and to amend its
Campaign Act made by the Commission to know who has initial
current regulations, regarding
Consolidated and Further Continuing responsibility for handling public funds
convention committees.
Appropriations Act, 2015, which The Appropriations Act amended and incurring expenditures.’’
established certain new accounts for FECA by establishing separate limits on Presidential Election Campaign Fund
national party committees. The petition contributions to three types of and Federal Financing of Presidential
also asks the Commission to amend its segregated accounts of national party Nominating Conventions, 44 FR 63036,
regulations regarding convention committees (collectively ‘‘party 63038 (Nov. 1, 1979). In 2014, however,
committees. The Commission seeks segregated accounts’’). The party Congress terminated the public funding
comments on this petition. segregated accounts are for expenses of presidential nominating conventions,
DATES: Comments must be submitted on incurred with respect to (1) presidential while leaving in place most of the
or before January 30, 2017. nominating conventions; (2) party statutory framework that had
ADDRESSES: All comments must be in headquarters buildings; and (3) election implemented that funding system. See
writing. Commenters are encouraged to recounts or contests and other legal Gabriella Miller Kids First Research Act,
submit comments electronically via the proceedings. 52 U.S.C. 30116(a)(9). The Pub. L. 113–94, 128 Stat. 1085 (2014)
Commission’s Web site at http:// Appropriations Act permits a national (the ‘‘Research Act’’). Shortly after the
www.fec.gov/fosers, reference REG party committee to maintain the party Research Act was passed, in response to
mstockstill on DSK3G9T082PROD with PROPOSALS
2014–10, or by email to segregated accounts in addition to any a request filed by two national party
NationalPartyAccounts@fec.gov. other federal accounts that the committees, the Commission issued an
Alternatively, commenters may submit committee may lawfully maintain. advisory opinion concluding that the
comments in paper form, addressed to Under the Appropriations Act, a requestors could establish convention
the Federal Election Commission, Attn.: national party committee may use its committees to ‘‘us[e] privately-raised
Neven F. Stipanovic, Acting Assistant presidential nominating convention funds solely to pay for the same types
General Counsel, 999 E Street NW., account ‘‘solely to defray expenses of convention expenses for which
Washington, DC 20463. incurred with respect to a presidential public funds were previously used.’’
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![Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules 69723
Advisory Opinion 2014–12 (Democratic • Federal eRulemaking Portal: http:// Section-by-Section Analysis
National Committee et al.) at 5 (internal www.regulations.gov. Follow the
A. Part 121
quotation marks omitted). The petition instructions for submitting comments.
asks the Commission to adopt new SBA proposes to amend § 121.102, the
• Mail, Hand Delivery/Courier:
regulations, and amend its current rules for establishing size standards, to
Delorice Price Ford, Assistant
regulations, to address convention provide for Petitions for
Administrator for Hearings and Reconsideration of Size Standards (Size
committees, as well as to remove related Appeals, U.S. Small Business
regulations that are now ‘‘obsolete.’’ Standard Petitions or Petitions),
Administration, 409 Third Street SW., pursuant to 15 U.S.C. 632(a)(9). New
The Commission seeks comments on Washington, DC 20416.
the petition. The public may inspect the paragraph (e) would require SBA to
petition on the Commission’s Web site SBA will post all comments on include instructions for filing a Size
at http://www.fec.gov/fosers, or in the www.regulations.gov. If you wish to Standard Petition in any final rule
Commission’s Public Records Office, submit confidential business revising, modifying, or establishing a
999 E Street NW., Washington, DC information (CBI) as defined in the User size standard. The rule would inform
20463, Monday through Friday, from 9 Notice at www.regulations.gov, please the public that, as stated in the NDAA
a.m. to 5 p.m. Interested persons may submit the information to Linda (Lin) 2016, any Petition for reconsideration of
also obtain a copy of the petition by DiGiandomenico, Attorney Advisor, a size standard must be filed no later
dialing the Commission’s Faxline Office of Hearings and Appeals, U.S. than 30 days after the final rule is
service at (202) 501–3413 and following Small Business Administration, 409 published. New paragraph (f) would
its instructions. Request document Third Street SW., Washington, DC require SBA to publish a notice in the
#282. 20416, or send an email to OHA@ Federal Register within 14 calendar
The Commission will not consider the sba.gov. Highlight the information that days after a Size Standard Petition is
petition’s merits until after the comment you consider to be CBI and explain why filed. Among other things, the notice
period closes. If the Commission you believe SBA should hold this would let interested parties know that
decides that the petition has merit, it information as confidential. SBA will they may intervene in the dispute. New
may begin a rulemaking proceeding. review the information and make the paragraph (g) would require SBA to
The Commission will announce any final determination whether it will publish notice in the Federal Register
action that it takes in the Federal publish the information. where SBA grants a petition for
Register. reconsideration of a size standard that
FOR FURTHER INFORMATION CONTACT:
had been revised or modified.
Dated: September 29, 2016. Linda (Lin) DiGiandomenico, Attorney
On behalf of the Commission. Advisor, at (202) 401–8206 or OHA@ B. Part 134, Subpart A
sba.gov. In § 134.101, SBA proposes to revise
Matthew S. Petersen,
Chairman, Federal Election Commission. SUPPLEMENTARY INFORMATION: This the definition for ‘‘AA/OHA’’ to include
[FR Doc. 2016–24309 Filed 10–6–16; 8:45 am] proposed rule would amend the rules of the new statutory title ‘‘Chief Hearing
practice for the SBA’s Office of Hearings Officer’’. SBA also proposes to add
BILLING CODE 6715–01–P
and Appeals (OHA) in order to definitions for ‘‘Administrative Judge’’
implement section 869(b) of the (including the new statutory title
National Defense Authorization Act for ‘‘Hearing Officer’’), ‘‘Petitioner’’ (as the
SMALL BUSINESS ADMINISTRATION party who initially files a petition), and
Fiscal Year 2016, Public Law 114–92,
129 Stat. 726, November 25, 2015 ‘‘Size Standard Petition’’ (citing 15
13 CFR Parts 121 and 134
(NDAA 2016). This legislation added a U.S.C. 632(a)(9) and subpart I of part
RIN 3245–AG82
provision to section 3(a) of the Small 134).
Section 134.102 lists the cases in
Rules of Procedure Governing Cases Business Act to authorize OHA to hear
which OHA has authority to conduct
Before the Office of Hearings and and decide Petitions for Reconsideration
proceedings. In paragraph (r), on
Appeals of Size Standards (Size Standard
Employee Disputes, SBA proposes to
Petitions or Petitions). A Size Standard
remove the reference to ‘‘Appropriate
AGENCY: U.S. Small Business Petition may be filed at OHA after SBA
Management Official’’ (AMO), a term
Administration. publishes a final rule in the Federal
being eliminated from the EDRP.
ACTION: Proposed rule. Register to revise, modify, or establish
Paragraph (t) permits the Administrator
a size standard. This proposed rule
SUMMARY: The U.S. Small Business to refer matters to OHA through a SOP,
would create a new subpart I in OHA’s
Administration (SBA) is proposing to Directive, Procedural Notice, or
regulations (13 CFR part 134) to set out
amend the rules of practice of its Office individual request. Section 869(a)(3) of
detailed rules of practice for Size
of Hearings and Appeals (OHA) to the NDAA 2016, repealed this
Standard Petitions, revise OHA’s
implement Section 869 of the National regulatory provision. As a result, SBA
general rules of practice in subparts A
Defense Authorization Act for Fiscal proposes to amend paragraph (t) by
and B of part 134 as required by the new
Year 2016. This legislation authorizes removing the current text and adding in
legislation, and amend SBA’s small
OHA to decide Petitions for its place, the authority for OHA to
business size regulations (13 CFR part
Reconsideration of Size Standards. This accept Size Standard Petitions.
121) to include Size Standard Petitions
mstockstill on DSK3G9T082PROD with PROPOSALS
rule also proposes to revise the rules of as part of SBA’s process for establishing Part 134, Subpart B
practice for OHA appeals of agency size standards. Section 134.201 would be amended to
employee grievances. This proposed rule also would revise redesignate paragraph (7) as paragraph
DATES: Comments must be received on the rules of practice for OHA appeals of (8) and to add a new paragraph (7),
or before December 6, 2016. agency employee grievances, in concert which would state that the rules of
ADDRESSES: You may submit comments, with SBA’s revisions of its Standard practice governing Size Standard
identified by RIN: 3245–AG82 by any of Operating Procedure (SOP) 37 71, The Petitions cases are at new subpart I of
the following methods: Employee Dispute Resolution Process. part 134.
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Document Created: 2018-02-13 16:31:53
Document Modified: 2018-02-13 16:31:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Rulemaking Petition: Notice of availability. | |
| Dates | Comments must be submitted on or before January 30, 2017. | |
| Contact | Mr. Neven F. Stipanovic, Acting Assistant General Counsel, or Mr. Tony Buckley or Ms. Esther D. Gyory, Attorneys, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530. | |
| FR Citation | 81 FR 69722 | |
| CFR Citation | 11
CFR
102 11 CFR 104 11 CFR 106 11 CFR 109 11 CFR 110 11 CFR 9008 11 CFR 9012 |
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