[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Rules and Regulations]
[Pages 18697-18701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08874]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Rules 
and Regulations  

[[Page 18697]]



FEDERAL ELECTION COMMISSION

11 CFR Parts 100, 101, 102, 104, 105, 108, 110, and 114

[Notice 2019-08]


Point of Entry for All Campaign Finance Reports

AGENCY: Federal Election Commission.

ACTION: Interim final rule.

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

SUMMARY: Congress amended the Federal Election Campaign Act (``FECA'') 
to require all reports, designations, and notices mandated by FECA to 
be filed with the Federal Election Commission. Previously, Senate 
candidates and certain political committees were required to file such 
reports, designations, and notices with the Secretary of the Senate. 
The Commission is amending its regulations to implement this new 
statutory requirement. The Commission is accepting comments on this 
revision to its regulations and comments received may be addressed in a 
subsequent rulemaking document.

DATES: Effective May 2, 2019. Comments must be received on or before 
June 3, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Esther D. Gyory, Acting Assistant 
General Counsel, or Ms. Cheryl A. Hemsley, Attorney, (202) 694-1650 or 
(800) 424-9530.

ADDRESSES: All comments must be in writing. Comments may be submitted 
electronically via the Commission's website at http://sers.fec.gov/fosers, reference REG 2018-04. Commenters are encouraged to submit 
comments electronically to ensure timely receipt and consideration. 
Alternatively, comments may be submitted in paper form. Paper comments 
must be sent to the Federal Election Commission, Attn.: Esther D. 
Gyory, Acting Assistant General Counsel, 1050 First Street NE, 
Washington, DC 20463. Each commenter must provide, at a minimum, his or 
her first name, last name, city, and state. All properly submitted 
comments, including attachments, will become part of the public record, 
and the Commission will make comments available for public viewing on 
the Commission's website and in the Commission's Public Records Office. 
Accordingly, commenters should not provide in their comments any 
information that they do not wish to make public, such as a home street 
address, personal email address, date of birth, phone number, social 
security number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

SUPPLEMENTARY INFORMATION: 

A. Background

    The Legislative Branch Appropriations Act, 2019, Public Law 115-
244, sec. 102, 132 Stat. 2897, 2926 (2018) (``Appropriations Act'') 
amended the Federal Election Campaign Act, 52 U.S.C. 30101-30145 
(``FECA'') to require that all reports, designations, and statements 
required to be filed under FECA must be filed with the Commission. 52 
U.S.C. 30102(g). Previously, candidates for the United States Senate, 
their principal campaign committees, and the Republican and Democratic 
Senatorial Campaign Committees (collectively ``Senate filers'') were 
required to file on paper with the Secretary of the Senate. 52 U.S.C. 
30102(g)(1) (2015) (amended 2018). All other filers were required to 
submit their reports, designations, and statements with the Commission. 
See 52 U.S.C. 30102(g)(3) (2015) (amended 2018); see also 11 CFR part 
105. To implement the change in the point of entry for reports, 
designations, and statements filed under FECA, the Commission is 
amending several regulations that state or refer to the point of entry 
for reports, designations, or notices.
    Additionally, Senate filers are now subject to the electronic 
filing requirements of FECA and Commission regulations. Under these 
requirements, persons who are required to file with the Commission and 
have made expenditures or received contributions (or expect to make 
expenditures or receive contributions) aggregating over $50,000 in a 
calendar year must file electronically. 52 U.S.C. 30104(a)(11)(A)(i); 
11 CFR 104.18(a). The Commission accordingly is amending its 
regulations to clarify that these electronic filing requirements apply 
to all filers, including Senate filers.

B. Revisions to 11 CFR Part 105--Document Filing

    Currently, 11 CFR part 105 contains four separate regulations 
setting forth the place of filing for different types of filers. See 11 
CFR 105.1 (House candidates and their authorized committees), 105.2 
(Senate candidates, their authorized committees, and committees 
supporting only Senate candidates), 105.3 (Presidential candidates and 
their authorized committees), and 105.4 (other political committees and 
persons). Because all filers must now file with the Commission, the 
Commission is replacing 11 CFR 105.1 through 105.4 with new section 
105.1 stating that all reports, designations, or statements required by 
FECA must be filed with the Commission.
    Additionally, 11 CFR 105.5 requires the Secretary of the Senate to 
transfer all reports it receives pursuant to section 105.2 to the 
Commission. Because this provision is no longer necessary, the 
Commission is deleting it.

C. Revisions to 11 CFR 104.4--Independent Expenditures by Political 
Committees

    Current section 104.4(e) instructs filers to file their independent 
expenditure reports based on the office sought by the candidate 
identified in the communication. For independent expenditures in 
support of, or in opposition to, Senate candidates, regularly scheduled 
reports must be filed with the Secretary of the Senate and the 
Secretary of State in the state in which the candidate is seeking 
election, while 24- and 48-hour reports must be filed with the 
Commission and the Secretary of State in the state in which the 
candidate is seeking election. 11 CFR 104.4(e)(2). The Commission is 
removing this paragraph. The Commission also is renumbering current 
paragraph (e)(3) (currently applicable to independent expenditures 
referencing House of Representatives candidates) as paragraph (e)(2) 
and revising the new paragraph to require that reports of independent 
expenditures referencing

[[Page 18698]]

House candidates, Senate candidates, or both, are filed with the 
Commission and the Secretary of the State in the state in which the 
candidate is seeking election; renumbering current paragraph (e)(4) as 
paragraph (e)(3); and making conforming edits to the cross-references 
to current paragraphs (e)(2) and (e)(3).

D. Revisions to 11 CFR 104.18--Electronic Filing of Reports

    The Commission is revising 11 CFR 104.18(a) and (b) to make clear 
that all persons -- including Senate filers -- required by FECA to file 
reports and who meet certain qualifications must do so electronically 
with the Commission. In paragraph (a), for sake of completeness, the 
Commission is adding a cross-reference to parts 101, 102, 104, and 109, 
which also require persons to file reports. In paragraph (b), the 
Commission is removing the reference to part 105 because it is no 
longer necessary.

D. References to the Secretary of the Senate and 11 CFR Part 105

    The Commission also is making conforming revisions to a number of 
regulations that refer either to the Secretary of the Senate as a place 
of filing or to the current place of filing provisions in 11 CFR part 
105.

1. Removal of References to the Secretary of the Senate

    The Commission is removing the words ``the Secretary of the 
Senate,'' ``file with the Commission'' and, in one instance, the 
Secretary of the Senate's address, in the following provisions: 11 CFR 
100.5(e)(3) (definition of ``political committee''), 100.19 (``File, 
filed, or filing''), 104.3(e)(5) (``Contents of reports''), 104.5(f) 
(``Filing dates''), 104.14(c) (``Formal requirements regarding reports 
and statements''), 104.22(d) (``Disclosure of bundling by Lobbyists/
Registrants and Lobbyist/Registrant PACs''), 108.8 (``Exemption for the 
District of Columbia''), 110.6(c)(1)(i) and (ii) (``Earmarked 
contributions''), and 114.6(d)(3) and (5) (``Twice yearly 
solicitations'').

2. Removal of Cross-References to 11 CFR Part 105

    The Commission also is removing cross-references to 11 CFR part 105 
and, where appropriate, inserting the words ``with the Commission'' in 
the following provisions: 11 CFR 101.1(a) and (b) (``Candidate 
designations''), 102.1(a) and (d) (``Registration of political 
committees''), 102.2(a)(1) (``Statement of organization: Forms and 
committee identification number''), 102.3(a)(1) (``Termination of 
registration''), 104.22(d) (``Disclosure of bundling by Lobbyists/
Registrants and Lobbyist/Registrant PACs''), and 110.6(c)(1)(i) 
(``Earmarked contributions'').
    The Commission is taking this action without advance notice and 
comment because it falls under the ``good cause'' exception of the 
Administrative Procedure Act (``APA''), 5 U.S.C. 553(b)(B). The 
revisions are necessary to conform the Commission's regulations to FECA 
as amended by the Appropriations Act. Because this action does not 
involve any Commission discretion or policy judgments, notice and 
comment are unnecessary. 5 U.S.C. 553(b)(B), (d)(3).
    For the same reasons, these revisions fall within the ``good 
cause'' exception to the APA's delayed effective date provision and the 
requirements of the Congressional Review Act. 5 U.S.C. 553(d)(3), 
808(2). Moreover, because this interim final rule is exempt from the 
APA's notice and comment procedure under 5 U.S.C. 553(b), the 
Commission is not required to conduct a regulatory flexibility analysis 
under 55 U.S.C. 603 or 604. See 5 U.S.C. 601(2), 604(a). Nor is the 
Commission required to submit these revisions for Congressional review 
under FECA. See 52 U.S.C 30111(d)(1), (4) (providing for congressional 
review when the Commission ``prescribe[s]'' a ``rule of law''). 
Accordingly, these revisions are effective upon publication in the 
Federal Register.

List of Subjects

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 105

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

11 CFR Part 108

    Elections, Reporting and recordkeeping requirements.

11 CFR Part 110

    Campaign funds, Political committees and parties.

11 CFR Part 114

    Business and industry, Elections, Labor.

    For the reasons set out in the preamble, the Federal Election 
Commission amends 11 CFR chapter I, as follows:

PART 100--SCOPE AND DEFINITIONS (52 U.S.C. 30101)

0
1. The authority citation for part 100 is revised to read as follows:

    Authority:  52 U.S.C. 30101, 30102(g), 30104, 30111(a)(8), and 
30114(c).


0
2. Amend Sec.  100.5 by revising paragraph (e)(3) to read as follows:


Sec.  100.5  Political committee (52 U.S.C. 30101(4), (5), and (6)).

* * * * *
    (e) * * *
    (3) Multi-candidate committee. Multi-candidate committee means a 
political committee which--
    (i) Has been registered with the Commission for at least 6 months;
    (ii) Has received contributions for Federal elections from more 
than 50 persons; and
    (iii) Except for any State political party organization, has made 
contributions to 5 or more Federal candidates.
* * * * *

0
3. Amend Sec.  100.19 by revising the introductory text and paragraphs 
(a) and (e) to read as follows:


Sec.  100.19  File, filed, or filing (52 U.S.C. 30102(g), 30104(a)).

    With respect to documents required to be filed under 11 CFR parts 
101, 102, 104, 105, 107, 108, and 109, and any modifications or 
amendments thereto, the terms file, filed, and filing mean one of the 
actions set forth in paragraphs (a) through (f) of this section. For 
purposes of this section, document means any report, statement, notice, 
or designation required by the Act to be filed with the Commission.
    (a) Where to deliver reports. Except for documents electronically 
filed under paragraph (c) of this section, a document is timely filed 
upon delivery to the Federal Election Commission, at the street address 
identified in the definition of ``Commission'' in Sec.  1.2, by the 
close of business on the prescribed filing date.
* * * * *
    (e) 48-hour statements of last-minute contributions. In addition to 
other

[[Page 18699]]

permissible means of filing, authorized committees that are not 
required to file electronically may file 48-hour notices of 
contributions using facsimile machines. All authorized committees, 
including electronic reporting entities, may use the Commission's 
website's on-line program to file 48-hour notifications of 
contributions. See 11 CFR 104.5(f).
* * * * *

PART 101--CANDIDATE STATUS AND DESIGNATIONS (52 U.S.C. 30102(e))

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

    Authority:  52 U.S.C. 30102(e), (g), 30104(a)(11), and 
30111(a)(8).


0
5. Revise Sec.  101.1 to read as follows:


Sec.  101.1  Candidate designations (52 U.S.C. 30102(e)(1), (g)).

    (a) Principal Campaign Committee. Within 15 days after becoming a 
candidate under 11 CFR 100.3, each candidate, other than a nominee for 
the office of Vice President, shall designate in writing, a principal 
campaign committee in accordance with 11 CFR 102.12. A candidate shall 
designate his or her principal campaign committee by filing a Statement 
of Candidacy on FEC Form 2, or, if the candidate is not required to 
file electronically under 11 CFR 104.18, by filing a letter with the 
Commission containing the same information (that is, the individual's 
name and address, party affiliation, and office sought, the District 
and State in which Federal office is sought, and the name and address 
of his or her principal campaign committee). Each principal campaign 
committee shall register, designate a depository, and report in 
accordance with 11 CFR parts 102, 103, and 104.
    (b) Authorized committees. A candidate may designate additional 
political committees in accordance with 11 CFR 102.13 to serve as 
committees which will be authorized to accept contributions or make 
expenditures on behalf of the candidate. For each such authorized 
committee, other than a principal campaign committee, the candidate 
shall file a written designation with his or her principal campaign 
committee. The principal campaign committee shall file such 
designations with the Commission.

PART 102--REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY 
POLITICAL COMMITTEES (52 U.S.C. 30103)

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

    Authority:  52 U.S.C. 30102, 30103, 30104(a)(11), 30111(a)(8), 
30120.


0
7. Amend Sec.  102.1 by revising paragraphs (a) and (d) to read as 
follows:


Sec.  102.1  Registration of political committees (52 U.S.C. 30102(g), 
30103(a)).

    (a) Principal campaign committees. Each principal campaign 
committee shall file a Statement of Organization in accordance with 11 
CFR 102.2 no later than 10 days after designation pursuant to 11 CFR 
101.1. In addition, each principal campaign committee shall file all 
designations, statements and reports which are filed with such 
committee with the Commission.
* * * * *
    (d) Other political committees. All other committees shall file a 
Statement of Organization no later than 10 days after becoming a 
political committee within the meaning of 11 CFR 100.5. Such 
statement(s) shall be filed with the Commission.

0
8. Amend Sec.  102.2 by revising paragraph (a)(1) to read as follows:


Sec.  102.2  Statement of organization: Forms and committee 
identification number (52 U.S.C. 30302(g), 30103(b), (c)).

    (a) * * *
    (1) The Statement of Organization shall be filed with the 
Commission on Federal Election Commission Form 1.
* * * * *

0
9. Amend Sec.  102.3 by revising paragraph (a)(1) to read as follows:


Sec.  102.3  Termination of registration (52 U.S.C. 30102(g), 
30103(d)(1)).

    (a)(1) A political committee (other than a principal campaign 
committee) may terminate only upon filing a termination report on the 
appropriate FEC Form or upon filing a written statement containing the 
same information with the Commission. Except as provided in 11 CFR 
102.4(c), only a committee which will no longer receive any 
contributions or make any disbursements that would otherwise qualify it 
as a political committee may terminate, provided that such committee 
has no outstanding debts and obligations. In addition to the Notice, 
the committee shall also provide a final report of receipts and 
disbursements, which report shall include a statement as to the purpose 
for which such residual funds will be used, including a statement as to 
whether such residual funds will be used to defray expenses incurred in 
connection with an individual's duties as a holder of federal office.
* * * * *

PART 104--REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (52 
U.S.C. 30104)

0
10. The authority citation for part 104 is revised to read as follows:

    Authority:  52 U.S.C. 30101(1), 30101(8), 30101(9), 30102(g) and 
(i), 30104, 30111(a)(8) and (b), 30114, 30116, 36 U.S.C. 510.


0
11. Amend Sec.  104.3 by revising paragraph (e)(5) as follows:


Sec.  104.3  Contents of reports (52 U.S.C. 30102(g), 30104(b), 30114).

* * * * *
    (e) * * *
    (5) A committee using pseudonyms shall send a list of such 
pseudonyms under separate cover directly to the Reports Analysis 
Division, Federal Election Commission, at the street address identified 
in the definition of ``Commission'' in Sec.  1.2 of this chapter, on or 
before the date on which any report containing such pseudonyms is filed 
with the Commission. The Commission shall maintain the list, but shall 
exclude it from the public record. A committee shall not send any list 
of pseudonyms to any Secretary of State or equivalent state officer.
* * * * *

0
12. Amend Sec.  104.4 by removing paragraph (e)(2), redesignating 
paragraph (e)(3) as paragraph (e)(2) and revising it, and redesignating 
paragraph (e)(4) as paragraph (e)(3) and revising it.
    The revisions read as follows:


Sec.  104.4  Independent expenditures by political committees (52 
U.S.C. 30102(g), 30104(b), (d), and (g)).

* * * * *
    (e) * * *
    (2) For independent expenditures in support of, or in opposition 
to, a candidate for the U.S. Senate or the House of Representatives: 
With the Commission and the Secretary of State for the State in which 
the candidate is seeking election.
    (3) Notwithstanding the requirements of paragraphs (e)(1) and (2) 
of this section, political committees and other persons shall not be 
required to file reports of independent expenditures with the Secretary 
of State if that State has obtained a waiver under 11 CFR 108.1(b).
* * * * *

0
13. Amend Sec.  104.5 by revising paragraph (f) to read as follows:


Sec.  104.5  Filing dates (52 U.S.C. 30102(g), 30104(a)(2)).

* * * * *
    (f) 48-hour notification of contributions. If any contribution of

[[Page 18700]]

$1,000 or more is received by any authorized committee of a candidate 
after the 20th day, but more than 48 hours, before 12:01 a.m. of the 
day of the election, the principal campaign committee of that candidate 
shall notify the Commission and the Secretary of State, as appropriate, 
within 48 hours of receipt of the contribution. The notification shall 
be in writing and shall include the name of the candidate and office 
sought by the candidate, the identification of the contributor, and the 
date of receipt and amount of the contribution. The notification shall 
be filed in accordance with 11 CFR 100.19. The notification shall be in 
addition to the reporting of these contributions on the post-election 
report.
* * * * *

0
14. Amend Sec.  104.14 by revising paragraph (c) to read as follows:


Sec.  104.14  Formal requirements regarding reports and statements.

* * * * *
    (c) Acknowledgements by the Commission of the receipt of Statements 
of Organization, reports or other statements filed under 11 CFR parts 
101, 102, and 104 are intended solely to inform the person filing the 
report of its receipt and neither the acknowledgement nor the 
acceptance of a report or statement shall constitute express or implied 
approval, or in any manner indicate that the contents of any report or 
statement fulfill the filing or other requirements of the Act or of 
these regulations.
* * * * *

0
15. Amend Sec.  104.18 by revising paragraphs (a)(1) introductory text 
and (b) to read as follows:


Sec.  104.18  Electronic filing of reports (52 U.S.C. 30102(d) and 
30104(a)(11)).

    (a) * * *
    (1) Political committees and other persons required by the Act to 
file reports with the Commission, as provided in 11 CFR parts 101, 102, 
104, 105, 107, and 109, must do so in an electronic format that meets 
the requirements of this section if--
* * * * *
    (b) Voluntary. A political committee or other person who files 
reports with the Commission and who is not required to file 
electronically under paragraph (a) of this section, may choose to file 
its reports in an electronic format that meets the requirements of this 
section (internet forms included). If a political committee or other 
person chooses to file its reports electronically, all electronically 
filed reports must pass the Commission's validation program in 
accordance with paragraph (e) of this section. The committee or other 
person must continue to file in an electronic format all reports 
covering financial activity for that calendar year, unless the 
Commission determines that extraordinary and unforeseeable 
circumstances have made it impracticable for the political committee or 
other person to continue filing electronically.
* * * * *

0
16. Amend Sec.  104.22 by revising paragraph (d) to read as follows:


Sec.  104.22  Disclosure of bundling by Lobbyist/Registrants and 
Lobbyist/Registrant PACs (52 U.S.C. 30102(g), 30104(i)).

* * * * *
    (d) Where to file. Reporting committees shall file with the Federal 
Election Commission.
* * * * *

PART 105--DOCUMENT FILING (52 U.S.C. 30102(g))

0
17. The authority citation for part 105 continues to read as follows:

    Authority:  52 U.S.C. 30102(g), 30104, 30111(a)(8).


0
18. Revise Sec.  105.1 to read as follows:


Sec.  105.1  Place of filing (52 U.S.C. 30102(g), 30104(g)).

    All designations, statements, reports, and notices, as well as any 
modification(s) or amendment(s) thereto, required to be filed under the 
Act shall be filed in original form with, and received by, the 
Commission as defined in Sec.  1.2.


Sec. Sec.  105.2, 105.3, 105.4, and 105.5   [Removed and Reserved]

0
19. Remove and reserve Sec. Sec.  105.2, 105.3, 105.4, and 105.5.

PART 108--FILING COPIES OF REPORTS AND STATEMENTS WITH STATE 
OFFICERS (52 U.S.C. 30113)

0
20. The authority citation for part 108 is revised to read as follows:

    Authority:  52 U.S.C. 30102(g), 30104(a)(2), 30111(a)(8), 30113, 
30143.


0
21. Revise Sec.  108.8 to read as follows:


Sec.  108.8  Exemption for the District of Columbia (52 U.S.C. 
30102(g))

    Any copy of a report required to be filed with the equivalent 
officer in the District of Columbia shall be deemed to be filed if the 
original has been filed with the Commission.

PART 110--CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS

0
22. The authority citation for part 110 is revised to read as follows:

    Authority:  52 U.S.C. 30101(8), 30101(9), 30102(c)(2) and (g), 
30104(i)(3), 30111(a)(8), 30116, 30118, 30120, 30121, 30122, 30123, 
30124, and 36 U.S.C. 510.


0
23. Amend Sec.  110.6 by revising paragraphs (c)(1)(i) and (ii) to read 
as follows:


Sec.  110.6  Earmarked contributions (52 U.S.C. 30102(g), 30116(a)(8)).

* * * * *
    (c) * * *
    (1) * * *
    (i) The intermediary or conduit of the earmarked contribution shall 
report the original source and the recipient candidate or authorized 
committee to the Commission and to the recipient candidate or 
authorized committee.
    (ii) The report to the Commission shall be included in the 
conduit's or intermediary's report for the reporting period in which 
the earmarked contribution was received, or, if the conduit or 
intermediary is not required to report under 11 CFR part 104, by letter 
to the Commission within thirty days after forwarding the earmarked 
contribution.
* * * * *

PART 114--CORPORATE AND LABOR ORGANIZATION ACTIVITY

0
24. The authority citation for part 114 continues to read as follows:

    Authority:  52 U.S.C. 30101(8), 30101(9), 30102, 30104, 
30107(a)(8), 30111(a)(8), 30118.


0
25. Amend Sec.  114.6 by revising paragraphs (d)(3)(i) and (d)(5) to 
read as follows:


Sec.  114.6  Twice yearly solicitations.

* * * * *
    (d) * * *
    (3) * * *
    (i) Make the records of persons making a single contribution of $50 
or less, or multiple contributions aggregating $200 or less, in a 
calendar year, available to any person other than representatives of 
the Federal Election Commission and law enforcement officials or 
judicial bodies.
* * * * *
    (5) Notwithstanding the prohibitions of paragraph (d)(1) of this 
section, the custodian may be employed by the separate segregated fund 
as its treasurer and may handle all of its contributions, provided that 
the custodian preserves

[[Page 18701]]

the anonymity of the contributors as required by this section. The 
custodian shall file the required reports with the Federal Election 
Commission. A custodian who serves as treasurer is subject to all of 
the duties, responsibilities, and liabilities of a treasurer under the 
Act, and may not participate in the decision making process whereby the 
separate segregated fund makes contributions and expenditures.
* * * * *

    On behalf of the Commission,
Ellen L. Weintraub,
Chair, Federal Election Commission.
[FR Doc. 2019-08874 Filed 5-1-19; 8:45 am]
BILLING CODE 6715-01-P