[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Notices]
[Page 62224-62225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-39]
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ELECTION ASSISTANCE COMMISSION
[Notice 2007-42]
Consideration of Administrative Transfer of national Voter
Registration Act Regulations
AGENCY: Election Assistance Commission.
ACTION: Notice: Request for Public Comment.
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SUMMARY: The Help America Vote Act of 2002 (Pub. L. 107-252, 116 Stat.
1727, 42 U.S.C. 15532) transferred authority to promulgate regulations
under the National Voter Registration Act of 1993 (NVRA) (Pub. L. 93-
31, 197 Stat. 77, 42 U.S.C. 1973gg-1 et. seq. at 41 U.S.C. 1973gg-7(a))
from the Federal Election Commission (FEC) to the Election Assistance
Commission (EAC). The EAC is presently considering the administrative
transfer of NVRA regulations previously adopted and maintained by the
FEC. These regulations are currently located at 11 CFR Part 8. In
accordance with the Administrative Procedures Act (APA), this
administrative transfer of the regulations would make no substantive
changes to the FEC regulations and would be made without public
comment. The only changes made would be technical, such as the address
and contact information for the responsible agency. Following this
administrative transfer of the regulations, the EAC would begin efforts
to substantively amend the rules. This rulemaking process would include
substantial public involvement, including public notice and comment
pursuant to the APA. The EAC currently seeks public comment on whether
the agency should administratively transfer regulations previously
adopted and maintained by the FEC regarding the NVRA, currently located
at 11 CFR Part 8, and then substantively amend those rules. Please note
that the EAC does not seek substantive comment on the content of the
existing regulations or potential modifications to the regulations.
DATES: Comments must be received on or before 4 p.m. on December 3,
2007.
ADDRESSES: Comments must be submitted in either electronic or written
form. Comments may be submitted online at http://www.eac.gov.
Commenters are encouraged to submit comments electronically to ensure
timely receipt and consideration. Written comments should be sent to:
NVRA Comments, Election Administration Support Division, U.S. Election
Assistance Commission, 1225 New York Ave., NW., Suite 1100, Washington,
DC 20005.
FOR FURTHER INFORMATION CONTACT: Mr. Edgardo Cort[eacute]s, Election
Research Specialist, (202) 566-3100 or toll-free (866) 747-1471.
SUPPLEMENTARY INFORMATION: The National Voter Registration Act of 1993
(NVRA), Pub. L. 93-31, 197 Stat. 77, 42 U.S.C. 1973gg-1 et. seq, at 42
U.S.C. 1973gg-7(a) required the Federal Election Commission (FEC) to
issue regulations to develop a national mail voter registration form
for elections to Federal office, and to submit to Congress no later
than June 30 of each odd-numbered year (beginning June 30, 1995) a
report that assesses the impact of the NVRA and recommends improvements
in Federal and State procedures, forms, and other matters affected by
the NVRA. The FEC published an Advance Notice of
[[Page 62225]]
Proposed Rulemaking in connection with the NVRA rulemaking on September
30, 1993 (58 FR 51132), and Notice of Proposed Rulemaking on March 10,
1994 (59 FR 11211). Following a public notice and comment rulemaking,
the FEC issued rules implementing these requirements on June 23, 1994.
59 FR 32323.
Section 802 of the Help America Vote Act of 2002 (HAVA), Pub. L.
107-252, 116 Stat. 1727, 42 U.S.C. 15532, transferred the FEC's
responsibilities under the NVRA to the Election Assistance Commission
(EAC) but it did not transfer the FEC's previously adopted regulations.
In order to carry out the functions listed in section 9(a) of the NVRA
[42 U.S.C. 1973gg-7(a)], the EAC must promulgate regulations. The EAC
currently seeks public comment on whether the agency should
administratively transfer regulations previously adopted and maintained
by the FEC regarding the NVRA. The administrative transfer would move
the existing FEC regulations (11 CFR Part 8) to the EAC's Code of
Federal Regulations site and only make technical changes to the mailing
address and contact information for the agency. EAC believes that good
cause exists for adopting the FEC rules as final EAC rules without
public notice and comment under 5 U.S.C. 553 because this rule only
reflects an administrative transfer of functions required by HAVA. No
substantive changes will be made to the rules, which have already been
subject to public notice and comment. Similarly, because this final
rule is a recodification of existing regulations, it would not be
subject to the effective date limitation of 5 U.S.C. 5539d). After the
proposed administrative transfer of the regulations, the EAC would take
steps to substantively amend the rules, which would significantly
involve the public and include an opportunity for public notice and
comment pursuant to the Administrative Procedures Act (APA).
Again, the EAC is seeking comment on its proposed plan to first
administratively transfer and then substantively amend the NVRA rules
located at 11 CFR Part 8. At this time, the EAC does not seek comment
on the substance of the regulations. As such, this notice and request
for public comment is not required by or made pursuant to the APA.
After review of the public comments received pursuant to this
notice, the EAC will decide whether to administratively transfer the
regulations and then substantively modify them, as described above. If
this process is not adopted, the EAC will alternatively initiate a rule
making process under 5 U.S.C. 553 independent of the FEC rules. In
either scenario, EAC will follow all the rulemaking requirements of the
APA, which allows for extensive public comment and transparency in the
regulatory process.
Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. 07-5447 Filed 10-30-07; 9:30 am]
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