[Federal Register Volume 72, Number 212 (Friday, November 2, 2007)]
[Notices]
[Pages 62224-62225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5447]


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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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