This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed 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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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

68237

Vol. 69, No. 226

Wednesday, November 24, 2004

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. 

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 §§ 100.65 and 100.66 were 

erroneous and are being changed to 

§§ 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 NonCampaign 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

68238 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Rules and Regulations 

‘‘Use of Campaign Accounts for NonCampaign 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.

■ 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)

■ 1. The authority citation for part 100 

continues to read as follows:

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

■ 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

■ 3. Section 100.89 is amended by 

revising the heading to read as follows:

§ 100.89 Voter registration and get-out-thevote activities for Presidential candidates.

* * * * *

■ 4. Section 100.149 is amended by 

revising the heading to read as follows:

§ 100.149 Voter registration and get-outthe-vote activities for Presidential 

candidates.

* * * * *

PART 104—REPORTS BY POLITICAL 

COMMITTEES AND OTHER PERSONS 

(2 U.S.C. 434)

■ 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.

■ 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

■ 7. Part 113 is amended by revising the 

heading to read as set forth above.

■ 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] 

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