[Federal Register: November 24, 2004 (Volume 69, Number 226)]
[Rules and Regulations]
[Page 68237-68238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no04-1]
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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.
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[[Page 68237]]
FEDERAL ELECTION COMMISSION
11 CFR Parts 100, 104, 110, and 113
[Notice 2004-16]
Technical Amendments to Bipartisan Campaign Reform Act (``BCRA'')
Rules and Explanation and Justification
AGENCY: Federal Election Commission.
ACTION: Final rule; technical amendments.
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SUMMARY: The Commission is making technical amendments to correct
certain citations and headings in the BCRA final rules governing the
definitions of ``contribution'' and ``expenditure,'' personal use of
campaign funds, and reporting. Corrections are also being made to the
explanation and justification for the BCRA rules on disclaimers and
personal use of campaign funds. Further information is provided in the
supplementary information that follows.
DATES: Effective Date: November 24, 2004.
FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General
Counsel, or Ms. Cheryl A.F. Hemsley, Attorney, 999 E Street, NW.,
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The final rules and the explanation and
justification that are the subject of these corrections were published
as part of a continuing series of regulations the Commission
promulgated implementing the Bipartisan Campaign Reform Act of 2002
(Pub. L. 107-155, 116 Stat. 81 (March 27, 2002)) (``BCRA''). Because
these corrections are merely technical and nonsubstantive, they are not
a substantive rule requiring notice and comment under the
Administrative Procedure Act, 5 U.S.C. 553. Under the ``good cause''
exception to the notice and comment requirements, 5 U.S.C. 553(b)(B)
and 553(d)(3), the final rules are effective upon publication. Thus the
corrected final rules are effective November 24, 2004.
I. Corrections to BCRA Rules in Title 11 of the Code of Federal
Regulations
A. Correction to 11 CFR 100.77
The Commission is correcting two citations containing typographical
errors in this section. Specifically, the references to Sec. Sec.
100.65 and 100.66 were erroneous and are being changed to Sec. Sec.
100.75 and 100.76, respectively.
B. Correction to 11 CFR 100.89
The Commission is correcting the title of this section.
Specifically, a parenthetical contained in the title erroneously
referred to a `` `coattails' exception.'' This parenthetical is being
removed.
C. Correction to 11 CFR 100.149
The Commission is correcting the title of this section.
Specifically, a parenthetical contained in the title erroneously
referred to a `` `coattails' exception.'' This parenthetical is being
removed.
D. Correction to 11 CFR 104.5
The Commission is correcting two citations containing typographical
errors in section 104.5(c)(3)(ii). Specifically, the references to
paragraphs (a)(1)(i) and (a)(1)(ii) were erroneous and are being
changed to paragraphs (a)(1)(ii) and (a)(1)(iii), respectively.
E. Correction to 11 CFR Part 113
The title to 11 CFR part 113 is also being corrected. On December
13, 2002, the title of 11 CFR part 113 was changed to reflect the new
post-BCRA regulations therein, i.e., ``Use of Campaign Accounts for
Non-Campaign Purposes.'' 67 FR 76962. However, on December 26, 2002,
the title of part 113 was inadvertently changed back to its pre-BCRA
wording, i.e., ``Excess Campaign Funds and Funds Donated to Support
Federal Officeholder Activities.'' Accordingly, the Commission is now
restoring the correct wording of the title.
II. Corrections to BCRA Explanation and Justification Regarding
Disclaimers and Personal Use of Campaign Funds
The Commission published a document in the Federal Register of
December 13, 2002, at 67 FR 76962, containing final rules relating to
disclaimers, fraudulent solicitations, civil penalties, and personal
use of campaign funds. The portions of the explanation and
justification regarding disclaimers and personal use of campaign funds
contained (1) an instance of erroneous language, (2) an erroneous
reference and (3) an erroneous omission, each of which is being
corrected, as discussed below.
A. Correction to Explanation and Justification for 11 CFR 110.11--
Communications; Advertising; Disclaimers
The published explanation and justification for 11 CFR
110.11(c)(4), concerning radio and television communications,
mistakenly included two sentences referring to a disclaimer for
communications transmitted through a telephone bank. See 67 FR at
76967. Accordingly, these sentences are being removed.
Specifically, on page 76967, 67 FR at 76967, second column, the
following two sentences are being removed from lines twenty-four
through thirty-four: ``Paragraph (c)(4) also requires that
communications transmitted through a telephone bank, as defined in 11
CFR 100.28, carry the same statement. See discussion regarding the
inclusion of telephone banks within the term `public communication,'
above, and the discussion of specific requirements for radio, telephone
bank, and television communications authorized by candidates, above.''
B. Correction to Explanation and Justification for 11 CFR Part 113--Use
of Campaign Accounts for Non-Campaign Purposes
Two corrections to the published explanation and justification for
11 CFR part 113 are necessary.
First, the published explanation and justification erroneously
referred to a portion of the pre-BCRA title of part 113 in describing
the title change being effected in the corresponding regulations. See
67 FR at 76971. Accordingly, the reference to the title of part 113 is
being corrected to reflect the post-BCRA wording. Specifically, on page
76971, first column, lines nineteen through twenty-one, the reference
to ``Campaign Funds and Funds Donated to Support Federal Officeholder
Activities'' is being corrected to read
[[Page 68238]]
``Use of Campaign Accounts for Non-Campaign Purposes.''
Second, although the text of the explanation and justification
approved by the Commission stated that ``Authorized committees may not
make contributions * * *'' (emphasis added), the published explanation
and justification erroneously omitted the word ``not'' from this
sentence. See 67 FR at 76975. Accordingly, this sentence is being
corrected to include the omitted word.
Specifically, on page 76975, second column, lines three through
ten, the sentence ``Authorized committees may make contributions to
organizations other than those described in section 170(c) of the
Internal Revenue Code of 1986 and other authorized committees (subject
to the $1,000 limit) unless those contributions are in connection with
the campaign for Federal office of the authorizing candidate'' is being
corrected to read ``Authorized committees may not make contributions to
organizations other than those described in section 170(c) of the
Internal Revenue Code of 1986 and other authorized committees (subject
to the $1,000 limit) unless those contributions are in connection with
the campaign for Federal office of the authorizing candidate.''
Correction of Publication
In FR Doc 02-31521, published on December 13, 2002 (67 FR 76962),
make the following corrections.
1. On page 76967, in the second column, in line twenty-four, remove
``Paragraph (c)(4) also requires that communications transmitted
through a telephone bank, as defined in 11 CFR 100.28, carry the same
statement. See discussion regarding the inclusion of telephone banks
within the term ``public communication,'' above, and the discussion of
specific requirements for radio, telephone bank, and television
communications authorized by candidates, above.''
2. On page 76971, in the first column, in line nineteen remove
``Campaign Funds and Funds Donated to Support Federal Officeholder
Activities'' and add ``Use of Campaign Accounts for Non-Campaign
Purposes'' in its place.
3. On page 76975, in the second column, in line three remove
``Authorized committees may make contributions to organizations other
than those described in section 170(c) of the Internal Revenue Code of
1986 and other authorized committees (subject to the $1,000 limit)
unless those contributions are in connection with the campaign for
Federal office of the authorizing candidate'' and add ``Authorized
committees may not make contributions to organizations other than those
described in section 170(c) of the Internal Revenue Code of 1986 and
other authorized committees (subject to the $1,000 limit) unless those
contributions are in connection with the campaign for Federal office of
the authorizing candidate'' in its place.
List of Subjects
11 CFR Part 100
Elections.
11 CFR Part 104
Campaign funds, political committees and parties, reporting and
recordkeeping requirements.
11 CFR Part 110
Campaign funds, and political committees and parties.
11 CFR Part 113
Campaign funds.
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For the reasons set out in the preamble, subchapter A of chapter I of
title II of the Code of Federal Regulations is amended as follows:
PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)
0
1. The authority citation for part 100 continues to read as follows:
Authority: 2 U.S.C. 431, 434, 438(a)(8).
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2. In the table below, for each section indicated in the left column,
remove the citation indicated in the middle column, and replace it with
the citation indicated in the right column:
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Section Remove Add
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100.77.......................... 100.65 100.75
100.77.......................... 100.66 100.76
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3. Section 100.89 is amended by revising the heading to read as
follows:
Sec. 100.89 Voter registration and get-out-the-vote activities for
Presidential candidates.
* * * * *
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4. Section 100.149 is amended by revising the heading to read as
follows:
Sec. 100.149 Voter registration and get-out-the-vote activities for
Presidential candidates.
* * * * *
PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2
U.S.C. 434)
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5. The authority citation for part 104 continues to read as follows:
Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434,
438(a)(8) and (b), 439a, 441a, and 36 U.S.C. 510.
0
6. In the table below, for each section indicated in the left column,
remove the citation indicated in the middle column, and replace it with
the citation indicated in the right column:
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Section Remove Add
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104.5(c)(3)(ii)................. 104.5(a)(1)(i) 104.5(a)(1)(ii)
104.5(c)(3)(ii)................. 104.5(a)(1)(ii) 104.5(a)(1)(iii)
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PART 113--USE OF CAMPAIGN ACCOUNTS FOR NON-CAMPAIGN PURPOSES
0
7. Part 113 is amended by revising the heading to read as set forth
above.
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8. The authority for part 113 continues to read as follows:
Authority: 2 U.S.C. 432(h), 438(a)(8), 439a, 441a.
Dated: November 19, 2004.
Bradley A. Smith,
Chairman, Federal Election Commission.
[FR Doc. 04-26042 Filed 11-23-04; 8:45 am]
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