[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Rules and Regulations]
[Pages 49813-49815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20089]
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ELECTION ASSISTANCE COMMISSION
11 CFR Parts 9405, 9407, 9409, 9410, 9420, and 9428
Change of Address
AGENCY: United States Election Assistance Commission (EAC).
ACTION: Final rule; technical amendment.
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SUMMARY: The U.S. Election Assistance Commission (EAC) is amending its
regulations to reflect a change of address for its headquarters. This
technical amendment is a nomenclature change that updates and corrects
the address for contacting and submitting requests to EAC headquarters.
DATES: August 16, 2010.
ADDRESSES: 1201 New York Avenue, NW., Suite 300, Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT: Tamar Nedzar, Associate General
Counsel, U.S. Election Assistance Commission, 1201 New York Avenue,
NW., Suite 300, Washington, DC 20005; Telephone: 202-566-3100.
SUPPLEMENTARY INFORMATION: On March 22, 2010, EAC's Headquarters
relocated from 1225 New York Ave, NW., Suite 1100, Washington, DC 20005
to 1201 New York Ave, NW., Suite 300, Washington, DC 20005. This
address will appear as EAC's official agency address and serve as the
reception point for agency visitors. Telephone numbers for EAC
employees have not changed.
I. Statutory Authority
This action is taken under EAC's authority, at 5 U.S.C. 552, to
publish regulations in the Federal Register. Under the Administrative
Procedure Act, at 5 U.S.C. 553(b)(3)(B), statutory procedures for
agency rulemaking do not apply ``when the agency for good cause finds
(and incorporates the finding and a brief statement of reasons
therefore in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.''
EAC finds that such notice and public procedure are impracticable,
unnecessary, or contrary to the public interest, on the grounds that:
(1) These amendments are technical and non-substantive; and (2) the
public benefits from timely notification of a change in the official
agency address, and further delay is unnecessary and contrary to the
public interest. Similarly, because this final rule makes no
substantive changes and merely reflects a change of address in existing
regulations, this final rule is not subject to the effective date
limitation of 5 U.S.C. 553(d).
II. Regulatory Procedures
A. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), EAC has
determined that this rule would not have a significant economic impact
on a substantial number of small entities. The regulation affects only
the U.S. Election Assistance Commission. This rule does not require a
general notice of proposed rulemaking and, therefore, is exempt from
the requirements of the Regulatory Flexibility Act.
B. Collection of Information
This regulation contains no new information collection requirements
subject to review by the Office of Management and Budget under the
[[Page 49814]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. EAC analyzed this rule under that
Executive Order and have determined that it does not have implications
for federalism.
D. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
E. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
F. Protection of Children
EAC analyzed this rule under Executive Order 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This rule is
not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
G. Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
H. Energy Effects
EAC analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
I. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies. This rule
does not use technical standards. Therefore, we did not consider the
use of voluntary consensus standards.
J. Environment
EAC analyzed this final rule under Department of Homeland Security
Management Directive 023-01 which guides EAC in complying with the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4365),
and concluded that this rule is part of a category of actions described
in item A3 of Table 1 in Appendix A of the Management Directive. This
proposed rulemaking would not individually or cumulatively have a
significant effect on the human environment and, therefore, neither an
environmental assessment nor an environmental impact statement is
necessary.
K. Congressional Review Act
EAC will submit this final rule to Congress and the Government
Accountability Office pursuant to the Congressional Review Act. The
rule is effective upon publication, as permitted by 5 U.S.C. 808.
Pursuant to 5 U.S.C. 808(2), EAC finds that good cause exists for
making this rule effective upon publication in the Federal Register,
based on the reasons cited in the preceding paragraph for the
553(b)(3)(B) determination.
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For the reasons stated in the preamble, the Election Assistance
Commission amends 11 CFR parts 9405, 9407, 9409, 9410, 9420, and 9428
as follows:
PART 9405--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM
OF INFORMATION ACT
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1. The authority citation for part 9405 continues to read as follows:
Authority: 5 U.S.C. 552, as amended.
Sec. Sec. 9405.5 and 9405.7 [Amended]
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2. Amend Sec. Sec. 9405.5 and 9405.7 by removing the words ``1225 New
York Avenue, NW., Suite 1100'' and adding, in their place, the words
``1201 New York Avenue, NW., Suite 300'' in the following places:
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a. Sec. 9405.5(a)(4)(ii);
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b. Sec. 9405.5(a)(4)(v); and
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c. Sec. 9405.7(a).
PART 9407--IMPLEMENTATION OF THE GOVERNMENT IN THE SUNSHINE ACT
0
3. The authority citation for part 9407 continues to read as follows:
Authority: 5 U.S.C. 552b.
Sec. 9407.8 [Amended]
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4. Amend Sec. 9407.8 by removing the words ``1225 New York Avenue,
NW., Suite 1100'' and adding, in their place, the words ``1201 New York
Avenue, NW., Suite 300.''
PART 9409--TESTIMONY BY COMMISSION EMPLOYEES RELATING TO OFFICIAL
INFORMATION AND PRODUCTION OF OFFICIAL RECORDS IN LEGAL PROCEEDINGS
0
5. The authority citation for part 9409 continues to read as follows:
Authority: 44 U.S.C. 3102.
Sec. Sec. 9409.5, 9409.6 and 9409.14 [Amended]
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6. Amend Sec. Sec. 9409.5, 9409.6 and 9409.14 by removing the words
``1225 New York Avenue, NW., Suite 1100'' and adding, in their place,
the words ``1201 New York Avenue, NW., Suite 300'' in the following
places:
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a. Sec. 9409.5(a);
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b. Sec. 9409.6; and
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c. Sec. 9409.14(e).
PART 9410--IMPLEMENTATION OF THE PRIVACY ACT OF 1974
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7. The authority citation for part 9410 continues to read as follows:
Authority: 5 U.S.C. 552a.
Sec. Sec. 9410.3 and 9410.4 [Amended]
0
8. Amend Sec. Sec. 9410.3 and 9410.4 by removing the words ``1225 New
York Avenue, NW., Suite 1100'' and adding, in their place, the words
``1201 New York Avenue, NW., Suite 300'' in the following places:
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a. Sec. 9410.3(b); and
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b. Sec. 9410.4(a).
PART 9420--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS
OR ACTIVITIES CONDUCTED BY THE U.S. ELECTION ASSISTANCE COMMISSION
0
9. The authority citation for part 9420 continues to read as follows:
Authority: 29 U.S.C. 794.
Sec. 9420.8 [Amended]
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10. Amend Sec. 9420.8 by removing the words ``1225 New York Avenue,
NW.,
[[Page 49815]]
Suite 1100'' and adding, in their place, the words ``1201 New York
Avenue, NW., Suite 300'' in the following places:
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a. Sec. 9420.8(d)(ii)(3); and
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b. Sec. 9420.8(h)(i).
PART 9428--NATIONAL VOTER REGISTRATION ACT
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11. The authority citation for part 9420 continues to read as follows:
Authority: 42 U.S.C. 1973gg-1 et seq., 15532
Sec. 9428.7 [Amended]
0
12. Amend 9428.7 by removing the words ``1225 New York Avenue, NW.,
Suite 1100'' and adding, in their place, the words ``1201 New York
Avenue, NW., Suite 300.''
Signed: August 10, 2010.
Thomas Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. 2010-20089 Filed 8-13-10; 8:45 am]
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