81 FR 94238 - Technical Amendments and Corrections

FEDERAL ELECTION COMMISSION

Federal Register Volume 81, Issue 247 (December 23, 2016)

The Commission is making technical corrections to various sections of its regulations. These are non-substantive amendments to correct typographical errors, update references, and remove provisions that no longer apply.

[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Rules and Regulations]
[Pages 94238-94240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30699]


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FEDERAL ELECTION COMMISSION

11 CFR Parts 4, 5, 100, 110, 112, 113, and 300

[Notice 2016-14]


Technical Amendments and Corrections

AGENCY: Federal Election Commission.

ACTION: Correcting amendments.

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SUMMARY: The Commission is making technical corrections to various 
sections of its regulations. These are non-substantive amendments to 
correct typographical errors, update references, and remove provisions 
that no longer apply.

DATES: Effective December 23, 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

[[Page 94239]]

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 Chapter I

    The Commission has renamed a division within the agency. As a 
result, throughout 11 CFR chapter I, the Commission is replacing every 
instance of the phrase ``Public Disclosure Division'' with the phrase 
``Public Disclosure and Media Relations Division.''

B. Correction to 11 CFR 100.94

    The Commission is correcting a typographical error in paragraph (b) 
of this section by adding a comma after the word ``maintaining''. This 
comma was inadvertently omitted when the Commission promulgated this 
paragraph.

C. Correction to 11 CFR 100.155

    The Commission is correcting a typographical error in paragraph (b) 
of this section by adding a comma after the word ``creating'' and a 
comma after the word ``maintaining''. These commas were inadvertently 
omitted when the Commission promulgated this paragraph.

D. Correction to 11 CFR 110.6

    The Commission is revising paragraphs (c)(2)(i) and (c)(2)(ii)(C) 
of this section to correctly note the reporting requirements for 
candidates and authorized committees receiving earmarked contributions 
from conduits and intermediaries. These paragraphs currently state that 
candidates and authorized committees are required to report a conduit 
or intermediary forwarding earmarked contributions which, in the 
aggregate, exceed $200 in ``any calendar year.'' In 1999, however, 
Congress amended FECA to require that authorized committees aggregate 
and report all receipts and disbursements by election cycle, rather 
than by calendar year. Treasury and General Government Appropriations 
Act of 2000, Public Law 106-58, sec. 641, 113 Stat. 430, 477 (1999). In 
2000, the Commission implemented this legislation by amending Sec.  
104.3(c) of its regulations, Election Cycle Reporting by Authorized 
Committees, 65 FR 42619-21 (July 11, 2000), but inadvertently failed to 
update paragraphs (c)(2)(i) and (c)(2)(ii)(C) of Sec.  110.6 to conform 
to the statute and to revised Sec.  104.3. To correct that oversight, 
the Commission is amending the relevant portions of the text in 
paragraphs (c)(2)(i) and (c)(2)(ii)(C).

E. Corrections to 11 CFR 113.2

    The Commission is removing paragraph (f) of this section because it 
is no longer applicable. Paragraph (f) describes the ``personal use'' 
rules, which concern the permissible non-campaign uses of campaign 
funds, that applied to Members of Congress serving in the 102d or an 
earlier Congress. Because this paragraph does not apply to any Members 
serving in the 103d or a later Congress, which includes all current and 
future Members of Congress, the Commission is removing paragraph (f).

F. Corrections to 11 CFR 300.12

    The Commission is removing and reserving this section because it 
contains transitional rules that no longer apply. When the Commission 
enacted rules concerning the use of non-federal funds in 2002, the 
Commission also promulgated Sec.  300.12, which outlined how and by 
what date national committees of political parties were to disburse 
non-federal funds received before November 6, 2002. Prohibited and 
Excessive Contributions: Non-Federal Funds or Soft Money, 67 FR 49064, 
49091-92 (July 29, 2002); see also Bipartisan Campaign Reform Act, 
Public Law 107-155, sec. 402, 116 Stat. 81, 112-13 (2002). Since the 
deadline for the disbursement of these funds has long passed, this 
section is no longer necessary. Therefore, the Commission is removing 
and reserving this section. The Commission is also making conforming 
amendments by removing from Sec.  300.1 two references to Sec.  300.12.

G. Correction to 11 CFR 300.13

    For the reasons discussed above regarding the removal of Sec.  
300.12, the Commission is also removing paragraphs (b) and (c) of Sec.  
300.13. Paragraph (b) directs national party committees to file 
termination reports disclosing the disposition of funds in non-federal 
accounts and building fund accounts by January 31, 2003. Paragraph (c) 
refers to reporting requirements for receipts and disbursements from 
national party committee non-federal accounts and building fund 
accounts for activity occurring between November 6 and December 31, 
2002.

List of Subjects

11 CFR Part 4

    Freedom of information.

11 CFR Part 5

    Archives and records.

11 CFR Part 100

    Elections.

11 CFR Part 110

    Campaign funds, Political committees and parties.

11 CFR Part 112

    Administrative practice and procedure, Elections.

11 CFR Part 113

    Campaign funds, Political candidates.

11 CFR Part 300

    Campaign funds, Nonprofit organizations, Political committees and 
parties, Political candidates.

    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.  4.1  [Amended]

0
2. Amend paragraph (f) of Sec.  4.1 to remove ``Public Disclosure 
Division'' and add, in its place, ``Public Disclosure and Media 
Relations Division''.

PART 5--ACCESS TO PUBLIC DISCLOSURE AND MEDIA RELATIONS DIVISION 
DOCUMENTS

0
3. The authority citation for part 5 continues to read as follows:

    Authority: 52 U.S.C. 30108(d), 30109(a)(4)(B)(ii), 30111(a); 31 
U.S.C. 9701.


[[Page 94240]]



0
4. Revise the heading of part 5 to read as set forth above.


Sec.  5.1  [Amended]

0
5. Amend paragraph (f) of Sec.  5.1 to remove ``Public Disclosure 
Division'' and add, in its place, ``Public Disclosure and Media 
Relations Division''.


Sec.  5.4  [Amended]

0
6. Amend Sec.  5.4 in paragraphs (a) introductory text and (c) by 
removing ``Public Disclosure Division'' and adding, in its place, 
``Public Disclosure and Media Relations Division''.


Sec.  5.5  [Amended]

0
7. Amend Sec.  5.5 in paragraphs (a) and (c) by removing ``Public 
Disclosure Division'' and adding, in its place, ``Public Disclosure and 
Media Relations Division''.

PART 100--SCOPE AND DEFINITIONS (52 U.S.C. 30101)

0
8. 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.  100.94  [Amended]

0
9. Amend paragraph (b) of Sec.  100.94 to add a comma after the word 
``maintaining''.


Sec.  100.155  [Amended]

0
10. Amend paragraph (b) of Sec.  100.155 to add a comma after the word 
``creating'' and a comma after the word ``maintaining''.

PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS

0
11. 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.  110.6  [Amended]

0
12. Amend Sec.  110.6 in paragraphs (c)(2)(i) and (c)(2)(ii)(C) by 
removing ``calendar year'' and adding, in its place, ``election 
cycle''.

PART 112--ADVISORY OPINIONS (52 U.S.C. 30108)

0
13. The authority citation for part 112 continues to read as follows:

    Authority: 52 U.S.C. 30108, 30111(a)(8).


Sec.  112.2  [Amended]

0
14. Amend paragraph (b) of Sec.  112.2 to remove ``Public Disclosure 
Division'' and add, in its place, ``Public Disclosure and Media 
Relations Division''.

PART 113--PERMITTED AND PROHIBITED USES OF CAMPAIGN ACCOUNTS

0
15. 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.  113.2  [Amended]

0
16. Remove paragraph (f) of Sec.  113.2 and redesignate paragraph (g) 
as paragraph (f).

PART 300--NON-FEDERAL FUNDS

0
17. The authority citation for part 300 continues to read as follows:

    Authority: 52 U.S.C. 30104(e), 30111(a)(8), 30116(a), 30125, and 
30143.


Sec.  300.1  [Amended]

0
18. Amend Sec.  300.1 as follows:
0
a. In paragraph (b)(1), remove the last sentence.
0
b. In paragraph (c)(1), remove the phrase ``transition rules as BCRA 
takes effect,''.


Sec.  300.12  [Removed and Reserved]

0
19. Remove and reserve Sec.  300.12.


Sec.  300.13  [Amended]

0
20. Amend Sec.  300.13 as follows:
0
a. Remove paragraphs (b) and (c).
0
c. Redesignate paragraph (a) as an undesignated paragraph and remove 
the paragraph heading.

     Dated: December 12, 2016.

    On behalf of the Commission.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2016-30699 Filed 12-22-16; 8:45 am]
BILLING CODE 6715-01-P