[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Rules and Regulations]
[Pages 29-32]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30797]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION

11 CFR Parts 1, 2, 4, 5, 100, 101, 102, 104, 110, 113, 114, 201, 
and 300

[Notice 2009-32]


Privacy Act, Government in the Sunshine Act, Freedom of 
Information Act (``FOIA''), and Federal Election Campaign Act 
(``FECA'') Rules; Corrections

AGENCY: Federal Election Commission.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Commission is making technical amendments to various 
sections of the Privacy Act, Government in the Sunshine Act, FOIA, and 
FECA rules.

DATES: Effective January 4, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant 
General Counsel, or Mr. Eugene Lynch, Paralegal, 999 E Street, NW., 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION:

Background

    The final rules that are the subject of these corrections were 
published as part of a continuing series of regulations the Commission 
promulgated implementing the Privacy Act of 1974, Public Law 93-579, 88 
Stat. 1896 (1974), the Government in the Sunshine Act of 1976, Public 
Law 94-409, 90 Stat. 1241 (1976), the Freedom of Information Act of 
1966, as amended, 5 U.S.C. 552, and the Federal Election Campaign Act 
(``FECA'') of 1971, as amended, 2 U.S.C. 431, et seq. Because these 
corrections are merely technical, this is 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 (d)(3), these corrections 
are effective upon publication. Thus, the corrected final rules are 
effective January 4, 2010.

Corrections to Privacy Act Rules in Part 1 of Title 11 of the Code of 
Federal Regulations

A. Correction to 11 CFR 1.2

    The Commission is removing the definition of ``Commissioners'' and 
replacing it with a definition of ``Commissioner,'' to read as follows: 
``Commissioner means an individual appointed to the Federal Election 
Commission pursuant to 2 U.S.C. 437c(a).'' The purpose of this change 
is to make the definition of ``Commissioner'' consistent in Commission 
regulations. The Commission is also placing the definitions in 
alphabetical order to assist the reader in locating a specific 
definition.

B. Correction to 11 CFR 1.3

    The Commission is correcting an obsolete reference in paragraph (b) 
of this section to conform it to updated internal agency procedures by 
replacing the term ``Staff Director'' with the term ``Chief Privacy 
Officer.''

C. Correction to 11 CFR 1.14

    The Commission is correcting a typographical error in paragraph (a) 
of this section by replacing the semicolon after the phrase ``2 U.S.C. 
438(b)'' with a comma.

Corrections to Government in the Sunshine Act Rules in Part 2 of Title 
11 of the Code of Federal Regulations

A. Correction to 11 CFR 2.4

    The Commission is correcting erroneous punctuation in paragraph 
(b)(1) of this section by replacing the period after the last word of 
the paragraph, ``practices,'' with a semicolon.

B. Correction to 11 CFR 2.6

    The Commission is correcting erroneous punctuation in paragraph (c) 
of this section by inserting a comma after the last instance of the 
word ``meeting.''

Corrections to Freedom of Information Act Rules in Part 4 of Title 11 
of the Code of Federal Regulations

A. Corrections to 11 CFR 4.5

    The Commission is correcting a typographical error in paragraph 
(a)(4) of this section by removing the letter ``s'' in the word 
``works'' in the second sentence, so that the resulting word is 
``work.'' In addition, the Commission is correcting missing words and 
capitalization in paragraphs (a)(4)(i), (iii), and (iv) of this section 
by inserting the word ``Chief'' in front of the word ``FOIA'' in all 
instances where ``FOIA'' appears. Also, in paragraphs (a)(4)(i) and 
(iii) of this section, the Commission is capitalizing the first letter 
of the word ``officer,'' so that it reads ``Officer.'' In addition, the 
Commission is correcting a typographical error in paragraph (b) of this 
section by replacing the colon after ``11 CFR 4.5(a)(7)'' with a comma. 
Finally, the Commission is correcting a typographical error in 
paragraph (b)(2)(i) of this section by replacing the comma after the 
word ``pendency'' with a semicolon.

B. Corrections to 11 CFR 4.7

    The Commission is correcting a missing word and a typographical 
error in paragraph (b)(1) of this section by replacing the term ``FOIA 
officer'' with ``Chief FOIA Officer.''

C. Correction to 11 CFR 4.7, 4.8, and 5.5

    The Commission is inserting the word ``Chief'' directly before all 
instances of the term ``FOIA Officer'' in paragraph (i) of section 4.7, 
paragraph (c) of section 4.8, and paragraph (c) of section 5.5.

D. Correction to 11 CFR 4.9

    The Commission is correcting a typographical error in paragraph 
(c)(1)(iv) of this section, by changing the second sentence of the 
paragraph to read as follows: ``Requests from persons for records about 
themselves will continue to be treated under the fee provisions of the 
Privacy Act of 1974, which permit fees only for duplication.''

Corrections to FECA Rules in Subchapters A and C in Title 11 of the 
Code of Federal Regulations

A. Correction to 11 CFR 100.89

    The Commission is correcting an incorrect citation in paragraph (f) 
of this section by replacing the reference to 11 CFR 100.78(d) at the 
end of the section with ``paragraph (d) of this section.''

[[Page 30]]

B. Corrections to 11 CFR 101.3

    The Commission is correcting two incorrect citations in this 
section by replacing the references to 11 CFR 100.7(b)(1) and 
100.8(b)(1) with 11 CFR 100.72 and 100.131, respectively.

C. Correction to 11 CFR 102.15

    The Commission is correcting the heading to this section by 
replacing the reference to 2 U.S.C. 432(a)(3) with 2 U.S.C. 432(b)(3).

D. Corrections to 11 CFR 104.3

    The Commission is correcting incorrect citations in paragraphs 
(a)(3)(vii)(B), (b)(2)(iii)(A), (b)(4)(iii), (d), and (d)(4) of this 
section by replacing all references to 11 CFR 100.7(b)(22) with 11 CFR 
100.83, and by replacing all references to 100.8(b)(24) with 100.143.

E. Corrections to 11 CFR 104.8

    The Commission is correcting two incorrect citations in paragraph 
(g) this section, by replacing the references to 11 CFR 100.7(b)(22) 
and 100.8(b)(24) with 11 CFR 100.83 and 100.143, respectively. The 
Commission is also correcting an incorrect citation in paragraph (g)(2) 
by replacing the reference to 11 CFR 100.7(b)(22)(iii) with 11 CFR 
100.83(c).

F. Correction to 11 CFR 110.1

    The Commission is correcting an incorrect citation in paragraph (a) 
of this section by changing the reference to 11 CFR 110.10 to 11 CFR 
100.10.

G. Correction to 11 CFR 110.14

    The Commission is correcting an inadvertent duplication of language 
in paragraph (f)(2)(i) of this section, governing expenditures by 
delegates for public political advertising that refers to candidates 
for public office. The duplicated language is from paragraph (f)(2)(ii) 
of this section, which concerns expenditures by delegates for 
communications that are not coordinated with candidates. As revised, 
paragraph (f)(2)(i) provides that delegate communications are in-kind 
contributions to a Federal candidate if they are coordinated 
communications under 11 CFR 109.21. This change is necessary to bring 
the rules governing delegates into alignment with the rules governing 
delegate committees in 11 CFR 110.14(i)(2) and coordinated 
communications in 11 CFR 109.21.

H. Correction to 11 CFR 110.17

    The Commission is correcting an incorrect citation in paragraph (a) 
of this section by replacing the reference to 11 CFR 110.7 with 11 CFR 
109.32. Thus, the relevant part of the sentence will read ``* * * 
expenditures established by 11 CFR 109.32 and 110.8 shall be increased 
* * *''

I. Correction to 11 CFR 113.1

    The Commission is correcting the first sentence of paragraph (g)(8) 
of this section by deleting the word ``proposed'' directly before the 
word ``paragraphs.''

J. Corrections to 11 CFR 114.10

    The Commission is removing the Editorial Note at the end of this 
section, on page 234 of the 2009 Code of Federal Regulations, in its 
entirety. In addition, the Commission is correcting a citation in 
paragraph (e)(2)(ii) of this section by replacing the reference to 11 
CFR 104.14 with 11 CFR 104.20(b).

K. Corrections to 11 CFR 201.2

    The Commission is changing the definition of ``Commissioner'' in 
paragraph (c) of this section to read as follows: ``Commissioner means 
an individual appointed to the Federal Election Commission pursuant to 
2 U.S.C. 437c(a).'' The purpose of this change is to make the 
definition of ``Commissioner'' consistent in Commission regulations.

L. Correction to 11 CFR 300.31

    The Commission is correcting a typographical error in paragraph (g) 
of this section by replacing the phrase ``State, district, or local 
committee or a political party'' with ``State, district, or local 
committee of a political party.''

M. Correction to the Heading of 11 CFR 300.63

    The Commission is correcting the heading to this section by 
removing the word ``party.''

Corrections to Various Rules Throughout Title 11, Chapter 1 of the Code 
of Federal Regulations

A. Corrections to the Authority Citations for 11 CFR Parts 2, 101, 102, 
113, 114, 201, and 300

    The Commission is correcting the authority citations located in 
each of these parts. For part 2, the Commission is removing the 
redundant reference to the public law from the authority citation. For 
parts 101, 102, 113, 114, 201, and 300, the Commission is adding the 
word ``and'' before the last statutory reference in the authority 
citations to conform them to other authority citations in 11 CFR, and 
to make clear that there are no additional statutory references.

List of Subjects

11 CFR Part 1

    Privacy.

11 CFR Part 2

    Sunshine Act.

11 CFR Part 4

    Freedom of information.

11 CFR Part 5

    Archives and records.

11 CFR Part 100

    Elections.

11 CFR Part 101

    Political candidates, Reporting and recordkeeping requirements.

11 CFR Part 102

    Political committees and parties, Reporting and recordkeeping 
requirements.

11 CFR Part 104

    Campaign funds, Political committees and parties, Reporting and 
recordkeeping requirements.

11 CFR Part 110

    Campaign funds, Political committees and parties.

11 CFR Part 113

    Campaign funds.

11 CFR Part 114

    Business and industry, Elections, Labor.

11 CFR Part 201

    Administrative practice and procedure.

11 CFR Part 300

    Campaign funds, Nonprofit organizations, Political committees and 
parties, Political candidates, Reporting and recordkeeping 
requirements.

0
For the reasons set out in the preamble, 11 CFR parts 1, 2, 4, and 5, 
and subchapters A and C of chapter 1 of title 11 of the Code of Federal 
Regulations, are amended as follows:

PART 1--PRIVACY ACT

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

    Authority: 5 U.S.C. 552a.


0
2. In Sec.  1.2, arrange the existing definitions in alphabetical 
order, remove the definition of ``Commissioners,'' and add a definition 
of ``Commissioner'' to read as follows:


Sec.  1.2  Definitions.

* * * * *

[[Page 31]]

    Commissioner means an individual appointed to the Federal Election 
Commission pursuant to 2 U.S.C. 437c(a).
* * * * *

Sec.  1.3  [Amended]

0
3. In paragraph (b) of Sec.  1.3, remove the words ``Staff Director'' 
and add, in their place, the words ``Chief Privacy Officer''.


Sec.  1.14  [Amended]

0
4. In paragraph (a) of Sec.  1.14, remove the semicolon after ``2 
U.S.C. 438(b)'' and add, in its place, a comma.

PART 2--SUNSHINE REGULATIONS; MEETINGS

0
5. The authority citation for part 2 is revised to read as follows:

    Authority: 5 U.S.C. 552b.


Sec.  2.4  [Amended]

0
6. In paragraph (b)(1) introductory text of Sec.  2.4, remove the 
period after the word ``practices'' and add, in its place, a semicolon.


Sec.  2.6  [Amended]

0
7. In paragraph (c) of Sec.  2.6, add a comma after the last occurrence 
of the word ``meeting.''

PART 4--PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT

0
8. The authority citation for part 4 continues to read as follows:

    Authority: 5 U.S.C. 552, as amended.


Sec.  4.5  [Amended]

0
9. Amend Sec.  4.5 as follows:
0
a. In the introductory text of paragraph (a)(4), remove the letter 
``s'' from the word ``works'' in the second sentence.
0
b. In paragraphs (a)(4)(i) and (iii), remove the words ``FOIA officer'' 
and add, in their place, the words ``Chief FOIA Officer.''
0
c. In paragraph (a)(4)(iv), remove the words ``FOIA Officer'' in both 
places where they occur and add, in their place, the words ``Chief FOIA 
Officer.''
0
d. In the introductory text of paragraph (b), remove the colon after 
``11 CFR 4.5(a)(7)'' and add, in its place, a semicolon.
0
e. In paragraph (b)(2)(i), remove the comma after the word ``pendency'' 
and add, in its place, a semicolon.


Sec.  4.7  [Amended]

0
10. In paragraph (b)(1) of Sec.  4.7, remove the words ``FOIA officer'' 
and add, in their place, the words ``Chief FOIA Officer''.


Sec.  4.8  [Amended]

0
11. In paragraph (c) of Sec.  4.8, remove the words ``FOIA Officer'' 
and add, in their place, the words ``Chief FOIA Officer''.
0
12. In paragraph (c)(1)(iv) of Sec.  4.9, the second sentence is 
revised to read as follows:


Sec.  4.9  Fees.

* * * * *
    (c) * * *
    (1) * * *
    (iv) * * * Requests from persons for records about themselves will 
continue to be treated under the fee provisions of the Privacy Act of 
1974, which permit fees only for duplication. * * *
* * * * *

PART 5--ACCESS TO PUBLIC DISCLOSURE DIVISION DOCUMENTS

0
13. The authority citation for part 5 continues to read as follows:

    Authority: 2 U.S.C. 437f(d), 437g(a)(4)(B)(ii), 438(a), and 31 
U.S.C. 9701.


Sec.  5.5  [Amended]

0
14. In paragraph (c) of Sec.  5.5, remove the words ``FOIA officer'' 
and add, in their place, the words ``Chief FOIA Officer''.

PART 100--SCOPE AND DEFINITIONS (2 U.S.C. 431)

0
15. The authority citation for part 100 continues to read as follows:

    Authority: 2 U.S.C. 431, 434, 438(a)(8), and 439a(c).


Sec.  100.89  [Amended]

0
16. In paragraph (f) of Sec.  100.89, remove ``100.78(d)'' and add, in 
its place, the words ``paragraph (d) of this section''.

PART 101--CANDIDATE STATUS AND DESIGNATIONS (2 U.S.C. 432(e))

0
17. The authority citation for part 101 is revised to read as follows:

    Authority: 2 U.S.C. 432(e), 434(a)(11), and 438(a)(8).


Sec.  101.3  [Amended]

0
18. In the table below, for the 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:

------------------------------------------------------------------------
              Section                        Remove              Add
------------------------------------------------------------------------
101.3..............................  100.7(b)(1)..........       100.72
101.3..............................  100.8(b)(1)..........       100.131
------------------------------------------------------------------------

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

0
19. The authority citation for part 102 is revised to read as follows:

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


0
20. The heading of Sec.  102.15 is revised to read as follows:


Sec.  102.15  Commingled funds (2 U.S.C. 432(b)(3)).

* * * * *

PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2 
U.S.C. 434)

0
21. 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.


Sec. Sec.  104.3 and 104.8  [Amended]

0
22. In the table below, for the 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:

------------------------------------------------------------------------
             Section                    Remove                Add
------------------------------------------------------------------------
104.3(a)(3)(vii)(B).............  100.7(b)(22)......  100.83
104.3(a)(3)(vii)(B).............  100.8(b)(24)......  100.143
104.3(b)(2)(iii)(A).............  100.7(b)(22)......  100.83
104.3(b)(2)(iii)(A).............  100.8(b)(24)......  100.143
104.3(b)(4)(iii)................  100.7(b)(22)......  100.83
104.3(b)(4)(iii)................  100.8(b)(24)......  100.143
104.3(d)........................  100.7(b)(22)......  100.83
104.3(d)(4).....................  100.7(b)(22)......  100.83
104.3(d)(4).....................  100.8(b)(24)......  100.143

[[Page 32]]

 
104.8(g)........................  100.7(b)(22)......  100.83
104.8(g)........................  100.8(b)(24)......  100.143
104.8(g)(2).....................  100.7(b)(22)(iii).  100.83(c)
------------------------------------------------------------------------

PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS

0
23. The authority citation for part 110 continues to read as follows:

    Authority: 2 U.S.C. 431(8), 431(9), 432(c)(2), 437d, 438(a)(8), 
441a, 441b, 441d, 441e, 441f, 441g, 441h, and 36 U.S.C. 510.


Sec.  110.1  [Amended]

0
24. In paragraph (a) of Sec.  110.1, remove ``110.10'' and add, in its 
place, ``100.1''.
0
25. Paragraph (f)(2)(i) introductory text of Sec.  110.14 is revised to 
read as follows:


Sec.  110.14  Contributions to and expenditures by delegates and 
delegate committees.

* * * * *
    (f) * * *
    (2) * * *
    (i) Such expenditures are in-kind contributions to a Federal 
candidate if they are coordinated communications under 11 CFR 109.21.
* * * * *

0
26. In paragraph (a) introductory text of Sec.  110.17, remove 
``110.7'' and add, in its place, ``109.32''.

PART 113--PERMITTED AND PROHIBITED USES OF CAMPAIGN ACCOUNTS

0
27. The authority citation for part 113 is revised to read as follows:

    Authority: 2 U.S.C. 432(h), 438(a)(8), 439a, and 441a.


0
28. In paragraph (g)(8) of Sec.  113.1, the first sentence is revised 
to read as follows:


Sec.  113.1  Definitions (2 U.S.C. 439a).

* * * * *
    (g) * * *
    (8) Recordkeeping. For those uses of campaign funds described in 
paragraphs (g)(1)(i) and (g)(1)(ii) of this section that involve both 
personal use and either campaign or office-holder use, a 
contemporaneous log or other record must be kept to document the dates 
and expenses related to the personal use of the campaign funds. * * *

PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY

0
29. The authority citation for part 114 is revised to read as follows:

    Authority: 2 U.S.C. 431(8), 431(9), 432, 434, 437d(a)(8), 
438(a)(8), and 441b.


Sec.  114.10  [Amended]

0
30. In paragraph (e)(2)(ii) of Sec.  114.10, remove ``104.14'' and add, 
in its place, ``104.20(b)''.

PART 201--EX PARTE COMMUNICATIONS

0
31. The authority citation for part 201 is revised read as follows:

    Authority: 2 U.S.C. 437d(a)(8), 437f, 438(a)(8), and 438(b); 26 
U.S.C. 9007, 9008, 9009(b), 9038, and 9039(b).

0
32. Paragraph (c) of Sec.  201.2 is revised to read as follows:


Sec.  201.2  Definitions.

* * * * *
    (c) Commissioner means an individual appointed to the Federal 
Election Commission pursuant to 2 U.S.C. 437c(a).
* * * * *

PART 300--NON-FEDERAL FUNDS

0
33. The authority citation for part 300 is revised read as follows:

    Authority: 2 U.S.C. 434(e), 438(a)(8), 441a(a), 441i, and 453.


0
34. Paragraph (g) of Sec.  300.31 is revised to read as follows:


Sec.  300.31  Receipt of Levin Funds.

* * * * *
    (g) Safe Harbor. The use of a common vendor for fundraising by more 
than one State, district, or local committee of a political party, or 
the agent of such a committee, does not constitute joint fundraising 
within the meaning of this section.

0
35. The heading of Sec.  300.63 is revised to read as follows:


Sec.  300.63  Exception for State candidates (2 U.S.C. 441i(e)(2)).

* * * * *

    On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9-30797 Filed 12-31-09; 8:45 am]
BILLING CODE 6715-01-P