[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Rules and Regulations]
[Page 54899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15565]



[[Page 54899]]

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FEDERAL ELECTION COMMISSION

11 CFR Part 102

[Notice 2006-17]


Increase in Limitation on Authorized Committees Supporting Other 
Authorized Committees

AGENCY: Federal Election Commission.

ACTION: Final rules.

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SUMMARY: The Federal Election Commission (``Commission'') is amending 
its rules specifying the amount authorized committees of candidates may 
contribute to authorized committees of other candidates. The 
Consolidated Appropriations Act, 2005, amended the Federal Election 
Campaign Act of 1971, as amended (``the Act''), by increasing this 
amount from $1,000 to $2,000. These final rules implement this 
increase. Further information is provided in the supplementary 
information that follows.

EFFECTIVE DATE: These rules are effective on September 20, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. J. Duane Pugh Jr., Acting 
Assistant General Counsel, or Mr. Albert J. Kiss, Attorney, 999 E 
Street, NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION:

Explanation and Justification for 11 CFR 102.12(c) and 102.13(c)

    Each candidate for Federal office (other than a nominee for Vice 
President) is required to designate in writing a political committee to 
serve as the candidate's ``principal campaign committee'' under the Act 
and Commission regulations. 2 U.S.C. 432(e)(1) and 431(5); 11 CFR 
101.1(a) and 102.12(a). Candidates may also authorize additional 
political committees to receive contributions or make expenditures on 
their behalf. 2 U.S.C. 432(e)(1) and 431(6); 11 CFR 101.1(b) and 
102.13(a)(1). These political committees are collectively known as the 
candidate's ``authorized committees.'' 2 U.S.C. 431(6).
    Subject to two exceptions, no political committee that ``supports'' 
or has supported more than one candidate may be designated either as a 
principal campaign committee or as an authorized committee.\1\ 2 U.S.C. 
432(e)(3)(A); 11 CFR 102.12(c)(1) and 102.13(c)(1). Prior to enactment 
of the Consolidated Appropriations Act, 2005, Pub. L. 108-447, 118 
Stat. 2809 (2004) (``2005 Appropriations Act''), FECA provided that 
``support'' did not include contributions by any authorized committee 
in amounts of $1,000 or less to an authorized committee of any other 
candidate. 2 U.S.C. 432(e)(3)(B) (2004). Section 525 of the 2005 
Appropriations Act amended 2 U.S.C. 432(e)(3)(B) by increasing this 
amount to $2,000. 118 Stat. at 3271. To implement this statutory 
change, the Commission is amending 11 CFR 102.12(c)(2) and 102.13(c)(2) 
to reflect the increased amount.
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    \1\ One exception allows a candidate for the office of President 
nominated by a political party to designate the national committee 
of the political party as the candidate's principal campaign 
committee. 2 U.S.C. 432(e)(3)(A)(i); 11 CFR 102.12(c)(1). The other 
exception allows two or more candidates to designate a political 
committee established solely for the purpose of joint fundraising by 
such candidates as an authorized committee. 2 U.S.C. 
432(e)(3)(A)(ii) and 11 CFR 102.13(c)(1).
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    The Commission is promulgating these rules without notice or an 
opportunity for comment (``notice and comment'') because the 
Administrative Procedure Act's (``APA'') ``good cause'' exemption 
allows the Commission to dispense with notice and comment when 
``impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 553(b)(B). Notice and comment are unnecessary when regulations 
merely restate the statute they implement. Gray Panthers Advocacy 
Committee v. Sullivan, 936 F.2d 1284, 1291 (D.C. Cir. 1991), citing 
Komjathy v. National Transportation Safety Board, 832 F.2d 1294, 1296-
97 (D.C. Cir. 1987). Because these final rules merely restate the 
amount limitation in section 432(e)(3)(B), notice and comment are 
unnecessary and the ``good cause'' exemption applies to these final 
rules.
    For the same reasons, these final rules are 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). Thus, the Commission is making these final rules effective 
immediately upon publication in the Federal Register.
    The Commission is submitting these final rules to the Speaker of 
the House of Representatives and the President of the Senate pursuant 
to the Congressional Review of Agency Rulemaking Act, 5 U.S.C. 801 et 
seq., on September 14, 2006.

Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory 
Flexibility Act)

    The provisions of the Regulatory Flexibility Act are not applicable 
to these rules because the Commission was not required to publish a 
notice of proposed rulemaking or to seek public comment under 5 U.S.C. 
553 or any other laws. 5 U.S.C. 603(a) and 604(a). Therefore, no 
regulatory flexibility analysis is required.

List of Subjects in 11 CFR Part 102

    Political committees and parties, Reporting and recordkeeping 
requirements.


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For the reasons set out in the preamble, the Federal Election 
Commission is amending Subchapter A of Chapter I of Title 11 of the 
Code of Federal Regulations as follows:

PART 102--REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY 
POLITICAL COMMITTEES (2 U.S.C. 433)

0
1. The authority citation for part 102 continues to read as follows:

    Authority: 2 U.S.C. 432, 433, 434(a)(11), 438(a)(8), 441d.


Sec.  102.12  [Amended]

0
2. In Sec.  102.12(b), remove ``that'' and add in its place ``than''.

0
3. In Sec.  102.12(c)(2), remove ``$1,000'' and add in its place 
``$2,000''.


Sec.  102.13  [Amended]

0
4. In Sec.  102.13(c)(2), remove ``$1,000'' and add in its place 
``$2,000''.

    Dated: September 14, 2006.
Michael E. Toner,
Chairman, Federal Election Commission.
 [FR Doc. E6-15565 Filed 9-19-06; 8:45 am]
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