[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Rules and Regulations]
[Page 54899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se06-3]
[[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]
BILLING CODE 6715-01-P