[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68661-68662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30767]
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Rules and Regulations
Federal Register
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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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 /
Rules and Regulations
[[Page 68661]]
FEDERAL ELECTION COMMISSION
11 CFR Parts 100 and 106
[Notice 2009-30]
Funds Received in Response to Solicitations; Allocation of
Expenses by Separate Segregated Funds and Nonconnected Committees
AGENCY: Federal Election Commission.
ACTION: Interim final rule.
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SUMMARY: The United States District Court for the District of Columbia
ordered that the Federal Election Commission's (``Commission'') rules
regarding funds received in response to solicitations and the
allocation of certain expenses by separate segregated funds and
nonconnected committees are vacated. The Commission is inserting a note
to these regulations that reflects the court's decision. The Commission
will engage in a separate notice of rulemaking to remove these rules
from the Code of Federal Regulations. Further information is provided
in the supplementary information that follows.
DATES: The interim final rule is effective on December 29, 2009.
Comments must be received on or before January 28, 2010.
ADDRESSES: All comments must be in writing, must be addressed to Mr.
Robert M. Knop, Assistant General Counsel, and must be submitted in
either e-mail, facsimile, or paper copy form. Commenters are strongly
encouraged to submit comments by e-mail to ensure timely receipt and
consideration. E-mail comments must be sent to [email protected]. If e-
mail comments include an attachment, the attachment must be in either
Adobe Acrobat (.pdf) or Microsoft Word (.doc) format. Faxed comments
must be sent to (202) 219-3923, with paper copy follow-up. Paper
comments and paper copy follow-up of faxed comments must be sent to the
Federal Election Commission, 999 E Street, NW., Washington, DC 20463.
All comments must include the full name and postal service address of
the commenter or they will not be considered. The Commission will post
all comments on its Web site after the comment period ends.
FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General
Counsel, or Mr. Neven F. Stipanovic, Attorney, 999 E Street, NW.,
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: On September 18, 2009, the United States
Court of Appeals for the DC Circuit (``DC Circuit Court'') ruled that
11 CFR 100.57, 106.6(c), and 106.6(f) violated the First Amendment of
the United States Constitution. See EMILY's List v. FEC, 581 F.3d 1 (DC
Cir. 2009). The court also ruled that 11 CFR 100.57 and 106.6(f), as
well as one provision of 106.6(c), exceeded the Commission's authority
under the Federal Election Campaign Act (``Act''). See id. At the
direction of the DC Circuit Court, the United States District Court for
the District of Columbia ordered that these rules are vacated. See
Final Order, EMILY's List v. FEC, No. 05-0049 (D.DC Nov. 30, 2009). The
Commission is now inserting a note to 11 CFR 100.57, 106.6(c), and
106.6(f) that reflects this court order.
The Commission will issue a separate notice of rulemaking document
to implement the court's order vacating 11 CFR 100.57, 106.6(c), and
106.6(f) from the regulations pursuant to the EMILY's List decision.
The Commission is first inserting a note to give the public immediate
guidance that these provisions were vacated by court order while the
Commission completes the rulemaking process of implementing the EMILY's
List decision.
Administrative Procedure Act
The Commission is issuing this rule as an interim final rule. This
interim final rule will take effect immediately upon publication in the
Federal Register. The public nonetheless may comment on this interim
final rule and the Commission may address any comments received in a
later rulemaking document.
The Administrative Procedure Act (``APA'') requires an agency
promulgating regulations to publish a notice of a proposed rulemaking
in the Federal Register. 5 U.S.C. 553(b). The notice and comment
requirement does not apply, however, ``when the agency for good cause
finds (and incorporates the finding and a brief statement of reasons
therefore in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.'' 5
U.S.C. 553(b)(B). The notice and comment requirement in this case is
unnecessary because the Commission action is merely to insert language
reciting the fact that the DC District Court has ordered that the
aforementioned regulations are vacated. The result of the court's order
is that neither public notice nor a comment period is likely to benefit
the Commission in this rulemaking. This interim final rule is merely an
informational amendment indicating that a court has issued an order
concerning these rules.
Moreover, the notice and comment period may be contrary to the
public interest. The Commission notes that the 2010 elections for
Federal office are scheduled to begin as early as February 2010, when
some States begin holding their primary elections. The State of
Illinois, for example, will hold its 2010 primary election on February
2, 2010. See http://www.elections.il.gov/Votinginformation/2010GPGE.aspx. It is urgent, therefore, to give immediate notice to the
public that these rules have been vacated by court order. The
additional delay that would be incurred by providing notice and an
opportunity to comment could be contrary to the public interest.
For the same reasons, this interim final rule is not subject to the
APA's thirty day delayed effective date requirement under the ``good
cause'' exemption to the delayed effective date requirement. 5 U.S.C.
553(d)(3).
Regulatory Flexibility Act
Because this interim final rule is exempt from the notice and
comment procedure under 5 U.S.C. 553(b), the Commission is not required
to conduct a regulatory flexibility analysis under 5 U.S.C. 603 and 604
(Regulatory Flexibility Act). See 5 U.S.C. 601(2) and 604(a).
[[Page 68662]]
List of Subjects
11 CFR Part 100
Elections.
11 CFR Part 106
Campaign funds, Political committees and parties, Reporting and
recordkeeping requirements.
0
For the reasons set out in the preamble, the Commission is amending
Subchapter A of Chapter I of Title 11 of the Code of Federal
Regulations 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), and 439a(c).
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2. Section 100.57 is amended by adding a note to read as follows:
Sec. 100.57 Funds received in response to solicitations.
* * * * *
Note to Sec. 100.57: On November 30, 2009, the United States
District Court for the District of Columbia ordered that Sec.
100.57 is vacated. See Final Order, EMILY's List v. FEC, No. 05-0049
(D.D.C. Nov. 30, 2009).
PART 106--ALLOCATIONS OF CANDIDATE AND COMMITTEE ACTIVITIES
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3. The authority citation for part 106 continues to read as follows:
Authority: 2 U.S.C. 438(a)(8), 441a(b), 441a(g).
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4. Section 106.6 is amended by adding a note to read as follows:
Sec. 106.6 Allocation of expenses between federal and non-federal
activities by separate segregated funds and nonconnected committees.
* * * * *
Note to 11 CFR 106.6: On November 30, 2009, the United States
District Court for the District of Columbia ordered that paragraphs
(c) and (f) of Sec. 106.6 are vacated. See Final Order, EMILY's
List v. FEC, No. 05-0049 (D.D.C. Nov. 30, 2009).
Dated: December 21, 2009.
On behalf of the Commission,
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9-30767 Filed 12-28-09; 8:45 am]
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