[Federal Register Volume 69, Number 226 (Wednesday, November 24, 2004)]
[Rules and Regulations]
[Pages 68237-68238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26042]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / 
Rules and Regulations

[[Page 68237]]



FEDERAL ELECTION COMMISSION

11 CFR Parts 100, 104, 110, and 113

[Notice 2004-16]


Technical Amendments to Bipartisan Campaign Reform Act (``BCRA'') 
Rules and Explanation and Justification

AGENCY: Federal Election Commission.

ACTION: Final rule; technical amendments.

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SUMMARY: The Commission is making technical amendments to correct 
certain citations and headings in the BCRA final rules governing the 
definitions of ``contribution'' and ``expenditure,'' personal use of 
campaign funds, and reporting. Corrections are also being made to the 
explanation and justification for the BCRA rules on disclaimers and 
personal use of campaign funds. Further information is provided in the 
supplementary information that follows.

DATES: Effective Date: November 24, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General 
Counsel, or Ms. Cheryl A.F. Hemsley, Attorney, 999 E Street, NW., 
Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The final rules and the explanation and 
justification that are the subject of these corrections were published 
as part of a continuing series of regulations the Commission 
promulgated implementing the Bipartisan Campaign Reform Act of 2002 
(Pub. L. 107-155, 116 Stat. 81 (March 27, 2002)) (``BCRA''). Because 
these corrections are merely technical and nonsubstantive, they are 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 553(d)(3), the final rules are effective upon publication. Thus the 
corrected final rules are effective November 24, 2004.

I. Corrections to BCRA Rules in Title 11 of the Code of Federal 
Regulations

A. Correction to 11 CFR 100.77

    The Commission is correcting two citations containing typographical 
errors in this section. Specifically, the references to Sec. Sec.  
100.65 and 100.66 were erroneous and are being changed to Sec. Sec.  
100.75 and 100.76, respectively.

B. Correction to 11 CFR 100.89

    The Commission is correcting the title of this section. 
Specifically, a parenthetical contained in the title erroneously 
referred to a `` `coattails' exception.'' This parenthetical is being 
removed.

C. Correction to 11 CFR 100.149

    The Commission is correcting the title of this section. 
Specifically, a parenthetical contained in the title erroneously 
referred to a `` `coattails' exception.'' This parenthetical is being 
removed.

D. Correction to 11 CFR 104.5

    The Commission is correcting two citations containing typographical 
errors in section 104.5(c)(3)(ii). Specifically, the references to 
paragraphs (a)(1)(i) and (a)(1)(ii) were erroneous and are being 
changed to paragraphs (a)(1)(ii) and (a)(1)(iii), respectively.

E. Correction to 11 CFR Part 113

    The title to 11 CFR part 113 is also being corrected. On December 
13, 2002, the title of 11 CFR part 113 was changed to reflect the new 
post-BCRA regulations therein, i.e., ``Use of Campaign Accounts for 
Non-Campaign Purposes.'' 67 FR 76962. However, on December 26, 2002, 
the title of part 113 was inadvertently changed back to its pre-BCRA 
wording, i.e., ``Excess Campaign Funds and Funds Donated to Support 
Federal Officeholder Activities.'' Accordingly, the Commission is now 
restoring the correct wording of the title.

II. Corrections to BCRA Explanation and Justification Regarding 
Disclaimers and Personal Use of Campaign Funds

    The Commission published a document in the Federal Register of 
December 13, 2002, at 67 FR 76962, containing final rules relating to 
disclaimers, fraudulent solicitations, civil penalties, and personal 
use of campaign funds. The portions of the explanation and 
justification regarding disclaimers and personal use of campaign funds 
contained (1) an instance of erroneous language, (2) an erroneous 
reference and (3) an erroneous omission, each of which is being 
corrected, as discussed below.

A. Correction to Explanation and Justification for 11 CFR 110.11--
Communications; Advertising; Disclaimers

    The published explanation and justification for 11 CFR 
110.11(c)(4), concerning radio and television communications, 
mistakenly included two sentences referring to a disclaimer for 
communications transmitted through a telephone bank. See 67 FR at 
76967. Accordingly, these sentences are being removed.
    Specifically, on page 76967, 67 FR at 76967, second column, the 
following two sentences are being removed from lines twenty-four 
through thirty-four: ``Paragraph (c)(4) also requires that 
communications transmitted through a telephone bank, as defined in 11 
CFR 100.28, carry the same statement. See discussion regarding the 
inclusion of telephone banks within the term `public communication,' 
above, and the discussion of specific requirements for radio, telephone 
bank, and television communications authorized by candidates, above.''

B. Correction to Explanation and Justification for 11 CFR Part 113--Use 
of Campaign Accounts for Non-Campaign Purposes

    Two corrections to the published explanation and justification for 
11 CFR part 113 are necessary.
    First, the published explanation and justification erroneously 
referred to a portion of the pre-BCRA title of part 113 in describing 
the title change being effected in the corresponding regulations. See 
67 FR at 76971. Accordingly, the reference to the title of part 113 is 
being corrected to reflect the post-BCRA wording. Specifically, on page 
76971, first column, lines nineteen through twenty-one, the reference 
to ``Campaign Funds and Funds Donated to Support Federal Officeholder 
Activities'' is being corrected to read

[[Page 68238]]

``Use of Campaign Accounts for Non-Campaign Purposes.''
    Second, although the text of the explanation and justification 
approved by the Commission stated that ``Authorized committees may not 
make contributions * * *'' (emphasis added), the published explanation 
and justification erroneously omitted the word ``not'' from this 
sentence. See 67 FR at 76975. Accordingly, this sentence is being 
corrected to include the omitted word.
    Specifically, on page 76975, second column, lines three through 
ten, the sentence ``Authorized committees may make contributions to 
organizations other than those described in section 170(c) of the 
Internal Revenue Code of 1986 and other authorized committees (subject 
to the $1,000 limit) unless those contributions are in connection with 
the campaign for Federal office of the authorizing candidate'' is being 
corrected to read ``Authorized committees may not make contributions to 
organizations other than those described in section 170(c) of the 
Internal Revenue Code of 1986 and other authorized committees (subject 
to the $1,000 limit) unless those contributions are in connection with 
the campaign for Federal office of the authorizing candidate.''

Correction of Publication

    In FR Doc 02-31521, published on December 13, 2002 (67 FR 76962), 
make the following corrections.
    1. On page 76967, in the second column, in line twenty-four, remove 
``Paragraph (c)(4) also requires that communications transmitted 
through a telephone bank, as defined in 11 CFR 100.28, carry the same 
statement. See discussion regarding the inclusion of telephone banks 
within the term ``public communication,'' above, and the discussion of 
specific requirements for radio, telephone bank, and television 
communications authorized by candidates, above.''
    2. On page 76971, in the first column, in line nineteen remove 
``Campaign Funds and Funds Donated to Support Federal Officeholder 
Activities'' and add ``Use of Campaign Accounts for Non-Campaign 
Purposes'' in its place.
    3. On page 76975, in the second column, in line three remove 
``Authorized committees may make contributions to organizations other 
than those described in section 170(c) of the Internal Revenue Code of 
1986 and other authorized committees (subject to the $1,000 limit) 
unless those contributions are in connection with the campaign for 
Federal office of the authorizing candidate'' and add ``Authorized 
committees may not make contributions to organizations other than those 
described in section 170(c) of the Internal Revenue Code of 1986 and 
other authorized committees (subject to the $1,000 limit) unless those 
contributions are in connection with the campaign for Federal office of 
the authorizing candidate'' in its place.

List of Subjects

11 CFR Part 100

    Elections.

11 CFR Part 104

    Campaign funds, political committees and parties, reporting and 
recordkeeping requirements.

11 CFR Part 110

    Campaign funds, and political committees and parties.

11 CFR Part 113

    Campaign funds.

0
For the reasons set out in the preamble, subchapter A of chapter I of 
title II of the Code of Federal Regulations is amended as follows:

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

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

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

0
2. In the table below, for each 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
------------------------------------------------------------------------
100.77..........................              100.65              100.75
100.77..........................              100.66              100.76
------------------------------------------------------------------------


0
3. Section 100.89 is amended by revising the heading to read as 
follows:


Sec.  100.89  Voter registration and get-out-the-vote activities for 
Presidential candidates.

* * * * *

0
4. Section 100.149 is amended by revising the heading to read as 
follows:


Sec.  100.149  Voter registration and get-out-the-vote activities for 
Presidential candidates.

* * * * *

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

0
5. 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.


0
6. In the table below, for each 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
------------------------------------------------------------------------
104.5(c)(3)(ii).................      104.5(a)(1)(i)     104.5(a)(1)(ii)
104.5(c)(3)(ii).................     104.5(a)(1)(ii)    104.5(a)(1)(iii)
------------------------------------------------------------------------

PART 113--USE OF CAMPAIGN ACCOUNTS FOR NON-CAMPAIGN PURPOSES

0
7. Part 113 is amended by revising the heading to read as set forth 
above.

0
8. The authority for part 113 continues to read as follows:

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

    Dated: November 19, 2004.
Bradley A. Smith,
Chairman, Federal Election Commission.
[FR Doc. 04-26042 Filed 11-23-04; 8:45 am]
BILLING CODE 6715-01-P