26296 Federal Register / Vol. 48, No. 110 / Tuesday, June 7, 1983^/^JRulGs^and^Regulations^

The technical position paper on waste 

form provides guidance to waste 

generators on test methods and results 

acceptable to NRC staff for 

implementing the 10 CFR Part 61 waste 

form requirements. It can be used as an 

acceptable approach for demonstrating 

compliance with the 10 CFR Part 61 

waste structural stability criteria. This 

technical position paper includes 

guidance on processing of waste into an 

acceptable stable form, designing 

acceptable high-intergrity containers, 

packaging cartridge filters, and 

minimizing radiation effects on organic 

ion-exchange resins.

Previous draft versions of both 

technical position papers have been 

made available to interested members of 

the public. Comments received on these 

drafts have been considered during 

preparation of the technical position 

papers referenced by this Notice.

Further public comment on these 

technical position papers is welcomed, 

and any such comment received will be 

considered as part of development of 

the waste form and waste classification 

regulatory guides. Comments on the 

technical position papers may be 

forwarded to Leo B. Higginbotham,

Chief, Low-Level Waste Licensing 

Branch, Division of Waste Management, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555 (Mail Stop S S - 

623).

Copies of the waste form and waste 

classification technical position papers 

are being furnished to all NRC licensees. 

In addition, copies of the technical 

position papers are being furnished to 

all Agreement States for distribution to 

their licensees.

Dated at Silver Springs, Maryland, this 6th 

day of May 1983.

For the Nuclear Regulatory Commission. 

Leo B. Higginbotham,

C h ief Low -Level W aste Licensing Branch,

Division o f W aste Management.

[FR Doc. 83-14951 Filed 8-6-83; 8:45 am)

BILLING CODE 7590-01-«

FEDERAL ELECTION COMMISSION

11 CFR Ch. I

Transfer of Funds; Collecting Agents,

Joint Fundraising

AG EN CY: Federal Election Commission. 

A C TIO N : Transmittal of Regulations to 

Congress. _________________________

SUMMARY: FEC regulations at 11 CFR 

Part 102 have been revised and 

transmitted to Congress pursuant to 2 

U.S.C. 438(d). These regulations govern 

transfers of funds between specified

committees and establish procedures for 

joint fundraising by political 

committees. They also contain 

provisions which clarify the status of 

unregistered organizations that collect 

and transfer contributions on behalf of a 

connected separate segregated fund.

Such unregistered organizations, termed 

“collecting agents”, are distinguished 

from participants in a joint fundraiser. 

Further information on the revised 

regulations is provided in the 

supplementary information which 

follows.

EFFECTIVE D A TE : Further action, 

including the announcement of an 

effective date, will be taken by the 

Commission after these regulations have 

been before the Congress 30 legislative 

days in accordance with 2 U.S.C. 438(d).

FOR FURTHER INFORM ATION C O N TA C T:

Ms. Susan E. Propper, Assistant General 

Counsel, 1325 K Street, NW,

Washington, D.C. 20463, (202) 523-4143 

o r (800)424-9530.

SUPPLEMENTARY INFORM ATION: The 

revised regulations on joint fundraising 

and collecting agents are based upon 

public comment received in response to 

the Commission’s Notice of Proposed 

Rulemaking (46 FR 48074; September 30, 

1981). The title of current 11 CFR 102.6 

has been changed to ‘Transfers of 

Funds; Collecting Agents” and 

corresponding revisions have been 

made to that section. In addition, a new 

section entitled "Joint Fundraising By 

Committees Other Than Separate 

Segregated Funds” has been included in 

the regulations, designated as 11 CFR 

102.17. This section was designated as 

section 102.7 in the Commission’s Notice 

of Proposed Rulemaking; however, it has 

been added as the last section in Part 

102 to avoid changing the numerous 

citations throughout the Commission’s 

regulations to current § § 102.7 through 

102.16.

2 U.S.C. 438(d) requires that any rule 

or regulation prescribed by the 

Commission to implement Title 2, United 

States Code, be transmitted to the 

Speaker of the House of Representatives 

and the President of the Senate prior to 

final promulgation. If neither House of 

Congress disapproves of the regulations 

within 30 legislative days of their 

transmittal, the Commission may 

prescribe the regulations in question.

The following regulations were 

transmitted to Congress on June 2,1983.

Explanation and Justification for 11 CFR

102.6 and 102.17

Section 102.6 Transfers of Funds;

Collecting Agents

S ection 102.6(a) T ran sfers o f Funds; 

R eg istration an d R ep ortin g R equ ired .

Following current section 102.6(a), 

subsections (a)(l)fi) and (a)(l)(ii) state 

that party committees of the same 

political party and affiliated committees 

may make unlimited transfers of funds. 2 

U.S.C. §§ 441a(a)(4) and 441a(a)(5). 

Subsection (a)(l)(iii) incorporates 2 

U.S.C. 441a(a)(5)(A) into the regulations 

by stating that participants in a joint 

fundraising activity conducted under 

§ 102.17 may transfer joint fundraising 

proceeds without limit so long as no 

participant receives more than its 

allocated share of the funds raised. 

Subsection (a)(l)(iv) clarifies that 

transfers may only be made from funds 

which are permissible under the Act.

Subsection (a)(2) generally follows the 

provisions of current § 102.6(a) to state 

that transfers of funds count against the 

reporting thresholds and may trigger 

political committee status under the Act. 

Hence, an unregistered committee which 

' makes or receives transfers for the 

purpose of influencing a federal election 

may be subject to the registration and 

reporting requirements of the Act.

S ection 102.6(b) F u n draisin g b y

C ollectin g A g en ts; N o R ep ortin g

R equ ired .

This is a new section in the 

regulations which clarifies the 

application of the Act to fundraising on 

behalf of separate segregated funds. S ee

Advisory Opinions 1982-61,1982-55, 

1982-11,1981-4,1979-19,1978-98, and 

1978-42. Subsection (b)(1) describes a 

collecting agent as an organization or 

committee that collects and transmits 

contributions to one or more separate 

segregated funds which are related to it. 

Generally, the collecting agent is an 

organization which is eligible to 

establish and administer a separate 

segregated fund under 11 CFR 114.5 such 

as a corporation or labor organization. 

S ee 11 CFR 100.6. Under this section, a 

collecting agent may be any of several 

types of entjties. It may be a registered 

or unregistered affiliated committee or 

connected organization of the separate 

segregated fund. A collecting agent may 

also be a parent or subsidiary of the 

connected organization of a separate 

segregated fund. Moreover, a local, 

national or international union may act 

as a collecting agent for a separate 

segregated fund of any federation with 

which the union is affiliated.

The inclusion of this section is also 

intended to permit an unregistered 

organization to collect contributions on 

behalf of a connected separate 

segregated fund without triggering
Federal Register / Vol. 48, No. 110 / Tuesday, .June 7, 1983 / Rules and Regulations 26297

political committee status under the Act. 

Transfers made by a collecting agent to 

a separate segregated fund in 

accordance with the requirements of 

subsection (c) do not trigger reporting 

requirements under the Act. Thus, 

subsection (b)(2) provides that 

unregistered organizations, such as a 

State PAC, union local or corporate 

subsidiary, which act as collecting 

agents following the procedures under 

subsection (c) need not register and 

report under the Act. This is consistent 

with the legislative history of the 1979 

Amendments which indicates that 

Congress did not intend that reporting 

be required in this narrow circumstance. 

See e.g. 125 Cong. Rec. S19099 (daily ed. 

December 18,1979) (statement of Sen. 

Pell) and 125 Cong. Rec. H12365 (daily 

ed December 20,1979) (statements of 

Rep. Thompson and Rep. Frenzel).

Subsection (b)(3) specifies that neither 

commercial fundraising firms nor 

individuals who collect contributions for 

separate segregated funds will be 

considered collecting agents under this 

section. Rather, commercial fundraising 

firms will be considered the agent of the 

separate segregated fund or collecting 

agent. All persons who collect 

contributions are subject to the 

requirements of 11 CFR 102.8 and the 

provisions of 11 CFR Part 110.

Subsection (b)(4) clarifies that 

separate segregated funds are not 

required to utilize a collecting agent. 

While this section provides for the use 

of a collecting agent to solicit 

contributions, it does not prevent a 

separate segregated fund from soliciting 

and collecting contributions on its own.

Section 102.6(c) Procedures fo r

Collecting Agents

This section describes the procedures 

to be followed by a collecting agent in 

soliciting and collecting contributions on 

behalf of a separate segregated fund. 

Subsection (c)(1) makes it clear that the 

separate segregated fund is responsible 

for the acts of the collecting agent and 

for ensuring that the recordkeeping, 

reporting and transmittal requirements 

of the Act are met. Inclusion of this 

provision is intended to encourage 

separate segregated funds to ensure that 

those collecting contributions on their 

behalf follow the Act and regulations.

Subsection (c)(2) provides that a 

solicitation for voluntary contributions 

to a separate segregated fund may be 

included in a bill for membership dues 

or other fees or in a solicitation for 

contributions to the collecting agent 

itself. S ee Advisory Opinions 1979-19 

and 1978-42. Such solicitations may only 

be made to the solicitable class of the 

parent organization under 11 CFR Part

114, such as a corporation’s stockholders 

and executive and administrative 

personnel, and must meet the 

requirements for a proper solicitation 

under 11 CFR 114.5. S ee e.g. Federal

Election Commission v. N ational Right

To W ork Committee, — U.S. —, 103 

S.C t 552 (Dec. 13,1982). Subsection 

(c)(2)(i) states that the collecting agent 

may pay any or all of the costs of 

transmitting contributions as such 

payments are considered part of the 

establishment, administration and 

solicitation expenses permitted under 2 

U.S.C. 441b(b)(2)(C). A provision has 

also been included in subsection 

(c)(2)(ii) which permits a collecting 

agent to reimburse its separate 

segregated fund for administrative 

expenses within 30 days after the 

separate segregated fund pays the 

expense if the expense could have been 

paid directly by the collecting agent 

under 2 U.S.C. 441b(b)(2)(C). A 

corresponding provision has been 

included in 11 CFR 114.5. It should be 

noted that an unregistered committee 

that is not a connected organization may 

trigger the registration and reporting 

requirements of the Act by making 

reimbursements under this section.

Subsection (c)(3) provides that a 

contributor may combine payment of 

dues or other fees with a contribution to 

the separate segregated fund in a single 

check. However, that subsection 

requires that the check be drawn on the 

contributor’s personal checking account 

or on a non-repayable corporate 

drawing account of the individual 

contributor. S ee also, Advisory Opinions 

1978-98,1979-19 land 1978-42.

Subsection (c)(3) also contains a 

provision which permits an employer to 

send a check to a union which includes 

payment of union dues or other 

employee deductions (such as vacation 

fund payments) and voluntary 

contributions from its employees to the 

union’s separate segregated fund. 

Subsection (c)(3), thus, provides for 

combined payment of employee political 

contributions and other fees by an 

employer to a union or its agent. S ee

Advisory Opinions 1982-55,1982-11, 

1981-4, and 1978-98. Contributions 

which may be so combined must be 

collected pursuant to a payroll 

deduction plan and are considered v 

direct contributions from the individual 

employees.

One comment received by the 

Commission questioned the status of 

certain employee benefit plans, such a$ 

ERISA plans, under section 102.6. Under 

such plans, participants may designate a 

portion of the funds deposited with the 

plan on their behalf by their employer to 

be contributed to a separate segregated

fund, such as their union PAC. The 

comment raised the issue of whether 

certain fiduciaries, such as ERISA plan 

administrators, should be considered 

collecting agents under this section. 

These fiduciaries, however, are 

considered agents of the plan’s sponsor. 

As the sponsor is the employer or the 

union of the plan participants, a plan 

administrator or fiduciary is acting on 

behalf of a collecting agent. The 

Commission, therefore, found no need to 

refer specifically to this situation in the 

regulations.

Moreover, no special provision is 

needed to govern the timing of the 

transmittal of such contributions to the 

separate segregated fund. A contribution 

by the plan participant to the separate 

segregated fund results only when the 

participant designates a sum in writing 

to be contributed to the separate, 

segregated fund and that sum can be 

disbursed under the plan agreement, 

since that is the point at which the 

participant acquires the right to such 

funds. For example, under a vacation 

fund plan, vacation benefits are paid out 

at specified times of the year. Payments 

to third parties, such as separate 

segregated funds, may only be made at 

the same time that disbursements are 

made to plan beneficiaries under the 

plan agreement S ee ERISA Interpretive 

Bulletin 78-1 (43 FR 68565 (December 15, 

1978)). Under these circumstances, the 

time for transmitting a contribution to 

the separate segregated fund under 

§ 102.6(c)(4) would not begin to run until 

the date on which disbursements can be 

made to the beneficiary.

Subsection (c)(4) clarifies that 

collecting agents must follow the 

requirements of 11 CFR 102.8 regarding 

the time for transmittal of contributions. 

Therefore, contributions of $50 or less 

collected by a collecting agent must be 

given to the separate segregated fund 

within 30 days after receipt. 

Contributions in excess of $50 must be 

forwarded to the separate segregated 

fund within 10 days of receipt.

This subsection also sets forth 

methods for transmitting contributions 

to a separate segregated fund. Pursuant 

to subsection (c)(4)(i), checks made out 

to the separate segregated fund must be 

transmitted by the collecting agent 

directly to the fund within the 

appropriate time period. Subsection 

(c)(4)(ii) establishes several options for 

transmittal of contributions in other 

forms. First, as under current 

§ 102.6(b)(1), the collecting agent may 

choose to set up a transmittal account 

solely for the deposit and transmittal of 

funds collected on behalf of a separate 

segregated fund under subsection
26298_______Federal Register / Vol.

(c)(4)(ii)(A ). Funds deposited into this 

accoun t are su b ject to the prohibitions 

and lim itations o f the A ct. If an 

expenditure is m ade from funds in this 

account, other than a tran sfer o f funds 

to an affiliated com m ittee, the account 

w ill be considered a depository o f the 

recip ient com m ittee and all activity of 

that accoun t m ust b e reported.

Alternatively, the collecting agent 

may deposit contributions collected into 

its own treasury account under 

subsection (c)C4)(ii)(B). If the collecting 

agent selects this method, it must keep 

separate records of all receipts and 

deposits which represent contributions 

to the separate segregated fund and 

make separate deposits of all cash 

contributions. S ee e.g. Advisory Opinion 

1978-42.

Another method, stated in subsection 

(c)(4)(ii)(C), follows current § 102.6(b)(3). 

This subsection provides that the 

collecting agent may deposit 

contributions into an account 

maintained for State and local election 

activity. Under this option, the collecting 

agent must also keep separate records of 

all receipts and deposits which 

represent contributions to the separate 

segregated fund.

In addition to the other m ethods for 

transm itting contributions, subsection 

(c)(4)(ii)(D ), perm its the collecting agent 

to transm it cash contributions' to the 

sep arate segregated fund in the form of 

m oney orders or cash iers checks. This 

provision generally follow s current 

§ 102.6(b)(2), although it is now lim ited 

to cash contributions.

Subsection (c)(5) requires that the 

collecting agent comply with the 

requirements of 11 CFR 102.8 in 

transmitting contributor information to a 

separate segregated fund. However, as 

under current § 102.6(b)(3), if 

contributions of $50 or less are received 

at a mass collection, the collecting agent 

must keep a record of the date, the total 

amount collected, and the name of the 

function at which the collection was 

made.

Finally, subsections (c)(6) and (c)(7) 

specify the recordkeeping and reporting 

responsibilities of collecting agents and 

separate segregated funds under this 

section. Pursuant to subsection (c)(6), a 

collecting agent is required to retain 

records of all contribution deposits and 

transmittals for three years and to make 

these records available to the 

Commission upon request. Similarly, the 

separate segregated fund must keep a 

record of all transmittals of 

contributions received from the 

collecting agent. It is not necessary that 

the separate segregated fund report 

contributions received from a collecting 

agent as transfers-in. Rather, under

48, No. 110 / Tuesday, June 7, 1983 / Rules and Regulations

subsection (c)(7), the separate 

segregated fund is required to report 

each contribution received through the 

collecting agent as a contribution 

received from the original contributor as 

required by 11 CFR 104.3(a).

Section 102.17 Joint Fundraising By

Committees Other Than Separate

Segregated Funds.

(a) General. This subsection sets forth 

the basic rules for conducting joint 

fundraising activities. See Advisory 

Opinions 1979-75,1979-35,1979-12, 

1979-6,1977-61,1977-23,1977-14 and 

1977-8. Subsection (a)(l)(i) states the 

general permission allowing political 

committees to engage in joint 

fundraising with other political 

committees or with unregistered 

committees or organizations. This 

subsection requires that the joint 

fundraising participants have a 

fundraising representative. The 

participants have the option of either 

establishing a separate political 

committee or selecting a participating 

political committee to act as the 

fundraising representative. Regardless 

of which method the participants select, 

the fundraising representative must be a 

reporting political committee under the 

Act and will be considered an 

authorized committee of each 

participating Federal candidate 

consistent with 2 U.S.C. 432(e)(3)(A)(ii). 

S ee also 11 CFR 102.13(c)(1). The 

participants may hire a commercial 

fundraising firm or other type of agent to 

assist in conducting the joint fundraiser. 

However, subsection (a)(l)(ii) makes it 

clear that participants hiring a 

commercial firm are still required to 

select or establish a fundraising 

representative.

Subsection (a)(2) describes the 

entities which may engage in joint 

fundraising and states that the 

procedures at subsection (c) govern all 

joint fundraising activities conducted 

under this section. The Commission 

notes that if all of the participants in a 

fundraising activity are party 

committees of the same political party, 

the participants will not have to adhere 

to the requirements of this section even 

though an agreement may have been 

reached as to the allocation of proceeds 

before the fundraiser takes place. Since 

the flarty committees could decide, after 

the fundraising was concluded, to 

transfer any amount of the proceeds 

among themselvces pursuant to 2 U.S.C. 

441a(a)(4), the fact that an allocation 

formula had been previously agreed to 

would not trigger the joint fundraising 

requirements to provide notice of the 

recipients of the funds or to allocate 

contributions according to the .

prearranged formula, However, the 

party committees would have to follow 

the notice requirements of 11 CFR 102.5 

if the activity is conducted in connection 

with both Federal and non-federal 

elections. In addition, if no notice is 

given regarding the intended allocation 

of contributions, the contributions 

received would count toward the 

contributor’s limit for the party 

committee sponsoring the event, i.e., the 

national committee or State committee 

running the fundraiser.

Subsection (a)(3) distinguishes a joint 

fundraising representative conducting a 

joint fundraising activity from an 

unregistered organization acting as a 

collecting agent under 11 CFR 102.6(b). It 

also clarifies that the provisions of this 

section are inapplicable to a separate 

segregated fund or an unregistered 

organization operating as a collecting 

agent under § 102.6(b)

Section 102.17(b) Fundraising . 

R epresentatives.

This section reiterates that 

participants in a joint fundraising 

activity must either establish a separate 

political committee or select a 

participating political committee to act 

as fundraising representative. In either 

case, the fundraising representative 

must be a political committee under 11 

CFR 100.5. This section also describes 

the fundraising representative’s 

responsibilities in conducting the joint 

fundraising activity. Specifically, the 

fundraising representative is responsible 

for collecting contributions, paying the 

costs of the fundraising effort, and 

disbursing the net proceeds to each 

participant.

Subsection (b)(3) specifies the 

amounts which may be advanced by 

each participant for start-up costs of the 

fundraiser. To avoid an in-kind 

contribution, subsection (b)(3)(i) 

provides that a participant may advance 

an amount in proportion to the 

allocation formula agreed upon under 

subsection (c)(1). A participant may 

advance more than its proportionate 

share of the fundraising costs under 

subsection (b)(3)(ii). However, the 

amount in excess of the proportionate 

share may not exceed the amount the 

participant could legally contribute to 

the other participants. Subsection

(b)(3)(iii) provides that if all the joint 

fundraising participants are affiliated 

committees or party committees of the 

same political party, unlimited amounts 

may be advanced for fundraising costs 

since transfers among sucji committees 

are unlimited. S ee 11 CFR 110.3; 2 U.S.C. 

441a(a)(4) and 441a(a)(5).
Federal Register / Vol. 48, No. 110 / Tuesday, June 7, 1983 / Rules and Regulations 26299

Section 102.17(c) Joint Fundraising

Procedùres.

This section sets forth the procedures 

for conducting joint fundraising 

activities. The first requirement, stated 

in subsection (c)(1), is that all the 

participants must enter into a written 

agreement which identifies the 

fundraising representative and states 

the formula for allocating the 

fundraising proceeds and expenses. The 

participants should make this agreement 

prior to engaging in any fundraising 

activity. The fundraising representative 

is required to retain this agreement for 

three years and make it available to the 

Commission upon request.

Furthermore, in addition to the 

disclaimer notice required by 11 CFR 

110.11, subsection (c)(2) requires that 

each solicitation for contributions to a 

joint fundraiser contain a fundraising 

notice informing contributors of specific 

details of the fundraising activity. 

Subsections ( g) ( 2 ) ( î ) (A) through (D) 

require that the fundraising notice 

contain the names of the participating 

committees, regardless of whether they 

are registered political committees; the 

allocation formula; a statement 

informing contributors that they may 

designate their contribution for a 

particular participant or participants; 

and a statement that the allocation 

formula may change if the contributor 

makes a contribution which exceeds the 

amount he or she could give to any 

participant. Subsection (c)(2)(ii) 

provides for special notices in two 

situations. For example, under 

subsection (c)(2)(ii)(A), if the 

participants are engaging in the joint 

fundraiser only to pay outstanding 

debts, the fundraising solicitation must 

state that the allocation formula may 

change if a participant receives enough 

funds to pay its debts. Subsection

(c)(2)(ii)(B) requires that if any of the 

participants can lawfully receive 

contributions from sources prohibited 

under the Act, such as a State or local 

committee that can receive corporate 

contributions, the solicitations must 

state that any such contributions 

received will be given only to 

participants that can receive them.

Under the Commission’s regulations, 

an agent or other person who receives a 

contribution on behalf of a political 

committee is required to forward that 

contribution to the committee treasurer 

within 10 or 30 days of receipt. 11 CFR 

102.8. The contribution must then be 

deposited within 10 days in a designated 

committee depository. However, the 

Commission recognizes that, in the 

context of a joint fundraising event it is 

common for the fundraising

representative to receive contributions 

over an extended time period and retain 

them until all funds are received to 

ensure payment of expenses and proper 

distribution of proceeds.

Subsection (c)(3) is intended to 

address the aforementioned situation 

and resolve any possible conflict 

between the Commission’s regulations 

and actual joint fundraising practices. 

Pursuant to subsection (c)(3)(i), the 

participants or joint fundraising 

representative are required to establish 

a separate account for the receipt and 

disbursement of joint fundraising 

proceeds. Under subsection (c)(3)(ii), 

contributions must be deposited into the 

separate account by the fundraising 

representative within 10 days of receipt 

as required by 11 CFR 103.3. The 

fundraising representative is not 

required, however, to distribute the 

proceeds to the participants until all 

contributions have been received and all 

expenses paid. Since each participating 

political committee must designate this 

account as an additional depository 

pursuant to subsection (c)(3)(i), such 

retention would not conflict with the 

Commission’s regulations. Only funds 

permissible under the Act may be 

deposited into this joint fundraising 

account If a participant can accept 

funds prohibited as to other participants 

under the A ct the fundraising 

representative or the participants may 

either establish another account for such 

contributions or transfer them directly to 

the participants that can accept them.

Furthermore, subsection (c)(3)(iii) 

requires that the fundraising 

representative report contributions in 

the reporting period in which they are 

received. This subsection also clarifies 

that, although distribution of proceeds 

may be delayed until expenses are paid, 

for contribution reporting and limitation 

purposes the date of receipt of a 

contribution by a participating political 

committee is the date that the 

contribution is received by the 

fundraising representative. Participating 

political committees are not required to 

report joint fundraising proceeds, 

however, until they receive the funds 

from the fundraising representative.

Moreover, subsection (c)(4) describes 

the recordkeeping responsibilities of the 

fundraising representative and 

participating committees. Under section 

(c)(4)(i), thé fundraising representative 

and the participants are required to 

screen the contributions received to 

ensure that they are neither prohibited 

under the Act nor in excess of the 

contribution limitations. Participants 

must make their contributor records 

available to the fundraising

representative to facilitate its screening 

of contributions. Subsection (c)(4)(ii) 

requires the fundraising representative 

to collect and retain contributor 

information in accordance with 11 CFR 

102.8 and to forward such information to 

participating political committees. If 

necessary, the fundraising 

representative should also keep a record 

of the total amount of prohibited 

contributions received and of transfers 

of these contributions to any 

participants that may accept them. 

Furthermore, fundraising disbursement 

records required under 11 CFR 102.9 

must be kept by the fundraising 

representative for three years pursuant 

to subsection (c)(4)(iii). That subsection 

also provides that commercial 

fundraising firms or agents must 

forward contributor information to the 

fundraising representative.

Subsection (c)(5) permits a contributor 

to make a donation to a joint fundraiser 

up to the total amount which he or she 

could give to all the participants subject 

to the contribution limitations of 2 

U.S.C. 441a(a)(l). Hence, if five Federal 

candidates participated in a joint 

fundraiser and agreed to share proceeds 

equally, an individual could contribute 

up to $5,000, less any amount which had 

been previously contributed to any of 

the participants by that individual.

Subsection (c)(6) prescribes the 

manner in which gross proceeds from 

the joint fundraiser are to be allocated 

among the participants. Generally, as 

provided in subsection (c)(6)(i), the 

fundraising representative must allocate 

the proceeds according to the formula 

stated in the fundraising agreement. 

Changes in the agreed upon allocation 

formula are limited to two factual 

situations under this subsection. Excess 

funds may only be realloc ated after 

distribution according to the 

preestablished formula has extinguished 

the debts of one or more participants or 

if distribution under the formula would 

result in a violation of the contribution 

limitations. Reallocation in either of 

these circumstances must be based on 

the remaining participants’ 

proportionate shares under the 

allocation formula. If reallocation results 

in a contributor’s exceeding the 

contribution limitations, the fundraising 

representative must return the amount, 

of the contribution which exceeds the 

limit to the contributor pursuant to 

subsection (c)(6)(i). Since the 

participants are required to notify 

contributors before a contribution is 

made that reallocation may occur, there 

is no need to inform them of the results 

of such reallocation. Under subsection 

(c)(6)(ii), designated or earmarked I
26300 Federal Register / Vol.

I HI II [HUB

contributions which exceed the 

contributor’s limit to the particular 

participant may not be reallocated 

without the written consent of the 

contributor^ Subsection (c)(6)(iii) 

provides that prohibited contributions 

need not be distributed according to the 

allocation formula in the fundraising 

agreement if any participant may legally 

accept them.

Subsection (c)(7) governs the 

allocation of expenses and distribution 

of net proceeds. This subsection 

establishes different methods for 

calculating each participant’s share of 

expenses and net proceeds based upon 

whether the participants were 

previously affiliated committees or are 

party committees of the same political 

party. For instance, subsection

(c)(7)(i)(A) provides that if the 

participants are not affiliated 

committees or party committees of the 

same political party, the fundraising 

representative, after allocating gross 

proceeds, should calculate each 

participant’s share of expenses based on 

the percentage of the total receipts each 

participant has been allocated. 

Prohibited contributions need not be 

included in the total receipts for the 

purpose of allocating expenses. Thus, 

under this subsection, the fundraising 

representative must subtract a 

participant’s share of expenses from the 

amount it was allocated from gross 

proceeds to determine the amount of net 

proceeds each participant will receive. If 

each participant pays its own share of 

expenses calculated pursuant to this 

section, no contribution in-kind from one 

or more of the participants occurs. A 

participant may pay the expenses of 

another participant, but subsection 

(c)(7)(i)(B) points out that such payments 

are subject to the contribution limits of 

11 CFR Part 110. Any funds advanced by 

one participant on behalf of another to 

pay the initial costs of the fundraising 

activity will also count against the 

contribution limits as provided under 

subsection (b)(3).

By contrast, since the Act permits 

unlimited transfers between committees 

which are affiliated or party committees 

of the same political party, no in-kind 

contribution results if one committee 

pays all expenses of a fundraising event. 

Thus, under subsection (c)(7)(ii) 

expenses need not be allocated if the 

participants are affiliated committees or 

are related party committees. This 

subsection also clarifies, however, that 

payment of such expenses by an 

unregistered Committee or organization 

on behalf of an affiliated political 

committee or related party political 

committee may trigger the registration

48, No. 110 / Tuesday, June 7, 1983

and reporting requirements under the 

Act.

Two additional points should be 

noted. First, under subsection (c)(7)(i) 

“committees of the same political party” 

refers only to party committees and not 

to candidates of the same political 

party. Also, regardless of whether the 

participants are affiliated committees or 

party committees of the same political 

party, pursuant to subsection (c)(7)(iii), 

the fundraising representative may pay 

expenses from gross proceeds.

Finally, subsection (c)(8) explains 

when and how receipts and 

disbursements must be reported by the 

fundraising representative and 

participating political committees.

Under subsection (c)(8)(i)(A), the 

fundraising representative is required to 

report all contributions in the reporting 

period in which they are received on 

FEC Schedule A, with a clear indication 

that these contributions represent joint 

fundraising proceeds. If any prohibited 

contributions are received during the 

reporting period, the fundraising 

representative should report the total 

amount of such contributions as a memo 

entry on Schedule A. Subsection 

(c)(8)(i)(B) provides that, after the 

distribution of net proceeds, each 

participant must report the amount it 

receives as a transfer-in from the joint 

fundraising representative. Each 

committee should also file a memo 

Schedule A containing an itemization of 

its share of gross receipts as 

contributions from the original 

contributors as required under 11 CFR 

104.3(a). Pursuant to subsection (c)(8)(ii), 

the fundraising representative must 

report all disbursements in the reporting 

period in which they are made.

List of Subjects in 11 CFR Part 102

Campaign funds, Political candidates, 

Political committees and parties, 

Reporting requirements.

11 CFR Chapter I is amended as 

follows:

PART 102— [AMENDED]

In Part 102, § 102.6 is revised to read 

as follows:

§ 102.6 Transfers of funds; collecting

agents.

(a) Transfers o f Funds; Registration

and Reporting Required. (1) Who M ay

M ake Transfers Under This Section.

(i) Transfers of funds may be made 

without limit on amount between 

affiliated committees whether or not 

they are political committees under 11 

CFR 100.5.

(ii) Transfers of funds may be made 

without limit on amount between or

/ Rules and Regulations

among a national party committee, a 

State party committee and/or any 

subordinate party committee whether or 

not they are political committees under 

11 CFR 100.5 and whether or not such 

committees are affiliated.

(iii) Transfers of joint fundraising 

proceeds may be made without limit on 

amount between organizations or 

committees participating in the joint 

fundraising activity provided that no 

participating committee or organization 

governed by 11 CFR 102.17 received 

more than its allocated share of the 

funds raised.

(iv) Transfers under subsections (i) 

through (iii) shall be made only from 

funds which are permissible under the 

Act. See 11 CFR Parts 110,114 and 115.

(2) When Registration and Reporting

Required. Except as provided in 11 CFR 

102.6(b), organizations or committees 

making transfers under 11 CFR 

102.6(a)(1) shall count such transfers 

against the reporting thresholds of the 

Act for determining whether an 

organization or committee is a political 

committee under 11 CFR 100.5.

(b) Fundraising by Collecting Agents;

No Reporting Required. (1) Definition o f

Collecting Agent. A collecting agent is 

an organization or committee that 

collects and transmits contributions to 

one or more separate segregated funds 

to which the collecting agent is related. 

A collecting agent may be either:

(1) A committee, whether or not it is a 

political committee as defined in 11 CFR 

100.5, affiliated with the separate 

segregated fund under 11 CFR 110.3; or

(ii) The connected organization of the 

separate segregated fund as defined in 

11 CFR 100.6; or

(iii) A parent, subsidiary, branch, 

division, department, or local unit of the 

connected organization of the separate 

segregated fund; or

(iv) A local, national or international 

union collecting contributions on behalf 

of the separate segregated fund of any 

federation with which the local, national 

or international union is affiliated. S ee

11 CFR 114.1(e).

(2) Collecting Agent Not R equired To

Report. A collecting agent that is an 

unregistered organization and that 

follows the procedures of 11 CFR 

102.6(c) is not required to register and 

report as a political committee under 11 

CFR Parts 102 and 104, provided that the 

organization does not engage in other 

activities such as making contributions 

or expenditures for the purpose of 

influencing federal elections.

(3) Who Is Not a Collecting Agent, (i) 

Com m ercial Fundraising Firm. A 

separate segregated fund or a collecting 

agent may hire a commercial fundraising
Federal Register / Vol. 48, No. 110 / Tuesday, June 7, 1983 / Rules and Regulations 26301

firm to assist in fundraising; however, 

the commercial fundraising firm shall 

not be considered as a collecting agent 

for the purpose of this section. Rather, 

the commercial fundraising firm shall be 

considered to be the agent of the 

separate segregated fund or collecting 

agent.

(ii) Individuals. An individual who 

collects contributions for a separate 

segregated fund shall not be considered 

a collecting agent for the purpose of this 

section. Individuals who collect 

contributions are subject to the 

requirements of 11 CFR 102.8 and the 

provisions of 11 CFR Part 110.

(4) Separate Segregated Fund M ay

C ollect Contributions. Nothing in this 

section shall preclude a separate 

segregated fund from soliciting and 

collecting contributions on its own 

behalf.

(c) Procedures fo r Collecting Agents.

(1) Separate Segregated Fund

R esponsible fo r A cts o f Collecting

Agent. The separate segregated fund 

shall be responsible for ensuring that the 

recordkeeping, reporting and transmittal 

requirements of this section are met.

(2) Solicitation fo r Contributions. A 

collecting agent may include a 

solicitation for voluntary contributions 

to a separate segregated fund in a bill 

for membership dues or other payments 

such as conference registration fees or a 

solicitation for contributions to the 

collecting agent. The collecting agent 

may only solicit contributions from 

those persons permitted to be solicited 

under 11 CFR Part 114. The solicitation 

for contributions must meet all of the 

requirements for proper solicitations 

under 11 CFR 114.5.

(i) The collecting agent may pay any 

or all of the costs incurred in soliciting 

and transmitting contributions to the 

separate segregated fund.

(ii) If the separate segregated fund 

pays any solicitation or other 

administrative expense from its own 

account, which expense could be paid 

for as an administrative expense by the 

collecting agent, the collecting agent 

may reimburse the separate segregated 

fund no later than 30 calendar days after 

the expense was paid by the separate 

segregated fund.

(3) C hecks Combining Contributions

with Other Payments. A contributor 

may write a check that represents both 

a contribution and payment of dues or 

other fees. The check must be drawn on 

the contributor’s personal checking 

account or on a non-repayable corporate 

drawing account of the individual 

contributor. Under a payroll deduction 

plan, an employer may write a check on 

behalf of its employees to a union or its 

agent, which check represents a

combined payment of voluntary 

contributions to the union’s separate 

segregated fund and union dues or other 

employee deductions.

(4) Transm ittal o f Contributions. The 

full amount of each contribution 

collected by a collecting agent on behalf 

of a separate segregated fund shall be 

transmitted to that fund within 10 or 30 

days as required by 11 CFR 102.8.

(i) Checks made payable to the 

separate segregated fund shall be 

transmitted by the collecting agent 

directly to the separate segregated fund 

in accordance with 11 CFR 102.8.

(ii) To transfer all other contributions, 

a collecting agent shall either;

(A) Establish a transmittal account to 

be used solely for the deposit and 

transmittal of funds collected on behalf 

of the separate segregated fund. Funds 

deposited into this account are subject 

to the prohibitions and limitations of the 

Act. If any expenditure is made from the 

account, other than a transfer of funds 

to an affiliated committee, the account 

shall be considered a depository of the 

recipient committee and all activity of 

that account shall be reported; or

(B) Deposit the contributions collected 

into the collecting agent’s treasury 

account. The collecting agent shall keep 

separate records of all receipts and 

deposits that represent contributions to 

the separate segregated fund and, in the 

case of cash contributions, the collecting 

agent shall make separate deposits of 

such funds; or

(C) Deposit thd contributions collected 

into an account otherwise established 

solely for State or local election activity. 

The collecting agent shall keep separate 

records of all receipts and deposits that 

represent contributions to the separate 

segregated fund; or

(D) In the case of cash contributions, 

transmit the contributions to the 

separate segregated fund in the form of 

money orders or cashier’s checks.

(5) Contributor Information. The 

collecting agent shall comply with the 

requirements of 11 CFR 102.8 regarding 

transmittal of contributions and 

contributor information to the separate 

segregated fund, except that if 

contributions of $50 or less are received 

at a mass collection, a record shall be 

kept of the date, the total amount 

collected, and the name of the function 

at which the collection was made.

(6) Retention o f R ecords. The 

collecting agent shall retain all records 

of contribution deposits and transmittals 

under this section for a period of three 

years and shall make these records 

available to the Commission on request. 

The separate segregated fund shall keep 

a record of all fransmittals of 

contributions received from collecting

agents under this section, and shall 

retain these records for a period of three 

years.

(7) Reporting o f Funds R eceived

Through Collecting Agents. A separate 

segregated fund receiving contributions 

collected by a collecting agent shall 

report the full amount of each 

contribution received as a contribution 

from the original contributor to the 

extent required by 11 CFR 104.3(a).

New § 102.17 is added as follows:

§ 102.17 Joint fundraising by committees

other than separate segregated funds.

(a) General. (l)(i) Political committees 

may engage in joint fundraising with 

other political committees or with 

unregistered committees or 

organizations. The participants in a joint 

fundraising effort under this section 

shall either establish a separate 

committee or select a participating 

committee, to act as fundraising 

representative for all participants. The 

fundraising representative shall be a . 

reporting political committee and an 

authorized committee of each candidate 

for federal office participating in the 

joint fundraising activity.

(ii) The participants may hire a 

commercial fundraising firm or other 

agent to assist in conducting the joint 

fundraising activity. In that case, 

however, the fundraising representative 

shall still be responsible for ensuring 

that the recordkeeping and reporting 

requirements set forth in this section are 

met.

(2) The procedures in 11 CFR 102.17(c) 

will govern all joint fundraising activity 

conducted under this section. The 

participants in joint fundraising activity 

may include political party committees 

(whether or not they are political 

committees under 11 CFR 100.5), 

candidate committees, multicandidate 

committees, and unregistered 

organizations which do not qualify as 

collecting agents under 11 CFR 102.6(b).

(3) A fundraising representative 

conducting joint fundraising under this 

section is distinguished from an 

unregistered organization acting as a 

collecting agent under 11 CFR 102.6(b). If 

a separate segregated fund or an 

unregistered organization qualifies and 

acts as a collecting agent under 11 CFR 

102.6(b), the provisions of 11 CFR 102.17 

will not apply to that fundraising 

activity.

(b) Fundraising R epresentatives. (1) 

Separate Fundraising Committee as

Fundraising Representative.

Participating committees may establish 

a separate political committee to act as 

fundraising representative for all 

participants. This separate committee
26302 Federal Register / Vol. 48, No. 110 / Tuesday, June 7, 1983 / Rules and Regulations^

shall be a reporting political committee 

and shall collect contributions, pay 

fundraising costs from gross proceeds 

and from funds advanced by 

participants, and disburse net proceeds 

to each participant.

(2) Participating Committee as

Fundraising R epresentative. All 

participating committees may select one 

participant to act as fundraising 

representative for all participants. The 

fundraising representative must be a 

political committee as defined in 11 CFR 

100.5. The fundraising representative 

and any other participating committees 

may collect contributions; however, all 

contributions received by other 

participants shall be forwarded to the 

fundraising representative as required 

by 11 CFR 102.8. The fundraising 

representative shall pay fundraising 

costs from gross proceeds and from 

funds advanced by participants and 

shall disburse net proceeds to each 

participant.

(8) Funds A dvanced For Fundraising

Costs, (i) Except as provided in 11 CFR 

102.17(b) (3)(ii) and (iii), the amount of 

funds advanced by each participant for 

fundraising costs shall be in proportion 

to the allocation formula agreed upon 

under 11 CFR 102.17 (c)(1).

(ii) A participant may advance more 

than its proportionate share of the 

fundraising costs, however, the amount 

advanced which is in excess of the 

participant’s proportionate share shall 

not exceed the amount that participant 

could legally contribute to the remaining 

participants. S ee 11 CFR 102.12(c)(2) and 

Part 110.

(iii) If all the participants are affiliated 

under 11 CFR 110.3 or if the participants 

are all party committees of the same 

political party, there is no limit on the 

amount a participant may advance for 

fundraising costs on behalf of the other 

participants.

(c) Joint Fundraising Procedures. The 

requirements of 11 CFR 102.17(c)(1) 

through (8) shall govern joint fundraising 

activity conducted under this section.

(1) Written Agreement. The 

participants in a joint fundraising 

activity shall enter into a written 

agreement, whether or not all 

participants are political committees 

under 11 CFR 100.5. The written 

agreement shall identify the fundraising 

representative and shall state a formula 

for the allocation of fundraising 

proceeds. The participants shall also use 

the formula to allocate the expenses 

incurred for the fundraising activity. The 

fundraising representative shall retain 

the written agreement for a period of

three years and shall make it available 

to the Commission on request.

(2) Fundraising N otice. In addition to 

any notice required under 11 CFR 110.11, 

a joint fundraising notice shall be 

included with every solicitation for 

contributions.

(i) T h is n otice shall include the 

follow ing inform ation:

(A) The names of all committees 

participating in the joint fundraising 

activity whether or not such committees 

are political committees under 11 CFR 

100.5; and

(B) The allocation formula to be used 

for distributing joint fundraising 

proceeds; and

(C) A statement informing 

contributors that, notwithstanding the 

stated allocation formula, they may 

designate their contributions for a 

particular participant or participants; 

and

(D) A statement informing 

contributors that the allocation formula 

may change if a contributor makes a 

contribution which would exceed the 

amount that contributor may give to any 

participant.

(ii) In the following situations, the 

notice shall include the following 

additional information:

(A) If one or more participants engage 

in the joint fundraising activity solely to 

satisfy outstanding debts, a statement 

informing contributors that the 

allocation formula may change if a 

participant receives sufficient funds to 

pay its outstanding debts; and

(B) If one or more participants can 

lawfully accept contributions that are 

prohibited under the Act, a statement 

informing contributors that 

contributions from prohibited sources 

will be distributed only to those 

participants that can accept them.

(3) Separate D epository Account, (i) 

The participants or the fundraising 

representative shall establish a separate 

depository account to be used solely for 

the receipt and disbursement of the joint 

fundraising proceeds. All contributions 

deposited into the separate depository 

account must be permissible under the 

Act. Each political committee shall 

amend its Statement of Organization to 

reflect the account as an additional 

depository. If one or more participants 

can lawfully accept contributions that 

are prohibited under the A ct the 

participants may either establish a 

second depository account for 

contributions received from prohibited 

sources or they may forward such 

contributions directly to the nonfederal 

participants.

(ii) The fundraising representative 

shall deposit all joint fundraising 

proceeds in the separate depository 

account within ten days of receipt as 

required by 11 CFR 103.3. Hie 

fundraising representative may delay 

distribution of the fundraising proceeds 

to the participants until all contributions 

are received and all expenses are paid.

(iii) For contribution reporting and 

limitation purposes, the date of receipt 

of a contribution by a participating 

political committee is the date that the 

contribution is received by the 

fundraising representative. Hie 

fundraising representative shall report 

contributions in the reporting period in 

which they are received. Participating 

political committees shall report joint 

fundraising proceeds in accordance with 

11 CFR 102.17(c)(8) when such funds are 

received from the fundraising 

representative.

(4) R ecordkeeping Requirem ents, (i) 

The fundraising representative and 

participating committees shall screen all 

contributions received to insure that the 

prohibitions and limitations of 11 CFR 

Parts 110 and 114 are observed. 

Participating political committees shall 

make their contributor records available 

to the fundraising representative to 

enable the fundraising representative to 

carry out its duty to screen 

contributions.

(ii) The fundraising representative 

shall collect and retain contributor 

information with regard to gross 

proceeds as required under 11 CFR 102.8 

and shall also forward such information 

to participating political committees.

The fundraising representative shall 

also keep a record of the total amount of 

contributions received from prohibited 

sources, if any, and of all transfers of 

prohibited contributions to participants 

that can accept them.

(iii) The fundraising representative 

shall retain the records required under 

11 CFR 102.9 regarding fundraising 

disbursements for a period of three 

years. Commercial fundraising firms or 

agents shall forward such information to 

the fundraising representative.

(5) Contribution lim itations. Except to 

the extent that the contributor has 

previously contributed to any of the 

participants, a contributor may make a 

contribution to the joint fundraising 

effort which contribution represents the 

total amount that the contributor could 

contribute to all of the participants 

under the applicable limits of 11 CFR 

110.1 and 110.2.
Federal Register / Vol, 48, No. 110 / Tuesday, June 7, 1983 / Rules and Regulations 26303

(6) A llocation o f Gross Proceeds, (i) 

The fundraising representative shall 

allocate proceeds according to the 

formula stated in the fundraising 

agreement. If distribution according to 

the allocation formula extinguishes the 

debts of one or more participants and 

results in a surplus for those 

participants or if distribution under the 

formula results in a violation of the 

contribution limits of 11 CFR 110.1(a), 

the fundraising representative may 

reallocate the exesss funds. Reallocation 

shall be based upon the remaining 

participants’ proportionate shares under 

the allocation formula. If reallocation 

results in a violation of a contributor’s 

limit under 11 CFR 110.1, the fundraising 

representative shall return to the 

contributor the amount of the 

contribution that exceeds the limit.

(ii) Designated contributions which 

exceed the contributor’s limit to the 

designated participant under 11 CFR 

Part 110 may not be reallocated by the 

fundraising representative absent the 

written permission of the contributor.

(iii) If any participants can lawfully 

accept contributions from sources 

prohibited under the Act, any such 

contributions that are received are not 

required to be distributed according to 

the allocation formula.

(7) A llocation o f Expenses and

Distribution o f N et Proceeds, (i) If 

participating committees are not 

affiliated as defined in 11 CFR 110.3 

prior to the joint fundraising activity and 

are not committees of the same political 

party;

(A) After gross contributions are 

allocated among the participants under 

11 CFR 102.17(c)(6), the fundraising 

representative shall calculate each 

participant’s share of expenses based on 

the percentage of the total receipts each 

participant had been allocated. If 

contributions from sources prohibited 

under the Act have been received and 

distributed under 11 CFR 102.17(c)(6)(iii), 

those contributions need not be included 

in the total receipts for the purpose of 

allocating expenses under this section.

To calculate each participant’s net 

proceeds, the fundraising representative 

shall subtract the participant’s share of 

expenses from the amount that 

participant has been allocated from 

gross proceeds.

(B) A participant may only pay 

expenses on behalf of another 

participant subject to the contribution 

limits of 11 CFR Part 110.

(ii) If participating committees are 

affiliated as defined in 11 CFR 110.3 prior 

to the joint fundraising activity or if 

Participants are party committees of the 

same political party, expenses need not 

be allocated among those participants.

Payment of such expenses by an 

unregistered committee or organization 

on behalf of an affiliated political 

committee may cause the unregistered 

organization to become a political 

committee.

(iii) Payment of expenses may be 

made from gross proceeds by the 

fundraising representative.

(8) Reporting o f R eceipts and

Disbursements, (i) Reporting R eceipts.

(A) The fundraising representative 

shall report all funds received in the 

reporting period in which they are 

received. The fundraising representative 

shall report the total amount of 

contributions received from prohibited 

sources during the reporting period, if 

any, as a memo entry. Each Schedule A 

filed by the fundraising representative 

under this section shall clearly indicate 

that the contributions reported on that 

schedule represent joint fundraising 

proceeds.

(B) After distribution of net proceeds, 

each participating.political committee 

shall report its share of net proceeds 

received as a transfer-in from the 

fundraising representative. Each 

participating political committee shall 

also file a memo Schedule A itemizing 

its share of gross receipts as 

contributions from original contributors 

to the extent required under 11 CFR 

104.3(a).

(ii) Reporting Disbursements. The 

fundraising representative shall report 

all disbursements in the reporting period 

in which they are made.

PART 114— [AMENDED]

11 CFR Part 114 is amended by adding 

new § 114.5(b)(3) as follows:

§ 114.5 Separate segregated funds.

* * * * *

(b)* * *

(3) If the separate segregated fund 

pays any solicitation or other 

administrative expense from its own 

account, which expense could be paid 

for as an administrative expense by the 

collecting agent, the collecting agent 

may reimburse the separate segregated 

fund no later than 30 calendar days after 

the expense was paid by the separate 

segregated fund.

*****

Dated: June 2,1983.

Danny L. McDonald,

Chairman, F ederal E lection Commission.

[FR Doc. 83-15192 Filed 8-8-83; 8:45 am]

BILLING CODE 6715-01-M

DEPARTMENT OF COMMERCE 

International Trade Administration 

15 CFR Part 386

[Docket No. 30512-85] ,

Foreign Merchandise Exported From a 

Foreign Trade Zone; Commerce Form 

7513 Not Applicable 

AGENCY: Office of Export 

Administration, International Trade 

Administration, Commerce.

ACTIO N : Final rule.

s u m m a r y : This rule amends Part 386 of 

the Export Administration Regulations 

by removing a reference to the 

applicability of Commerce Form 7513 for 

documentation of exports of foreign 

merchandise from a Foreign Trade Zone. 

This change is made in order to conform 

the Regulations with the Foreign Trade 

Statistics Regulations of the Bureau of 

the Census. Exporters must now submit 

Commerce Form 7525-V (Shipper’s 

Export Declaration) when exporting 

foreign merchandise from Foreign Trade 

Zones.

EFFECTIVE D A TE : This rule is effective 

June 7,1983. Although there is no formal 

comment period, public comments on 

this rule are welcome.

FOR FURTHER INFORM ATION C O N TA C T:

Archie Andrews, Director, Exporters’ 

Service Staff, Office of Export 

Administration, Department of 

Commerce, Washington, D.C. 20230 

(Telephone: (202) 377-4811).

Rulemaking Requirements

In connection with various rulemaking 

requirements, the Office of Export 

Administration has determined that:

1. Under section 13(a) of the Export 

Administration Act of 1979 (Pub. L. 96- 

72, 50 U.S.C. app. 2401 et seq.) (“the 

Act”), this rule is exempt from the public 

participation in rulemaking procedures 

of the Administrative Procedure Act.

This rule does not impose new controls 

on exports, and is therefore exempt from 

section 13(b) of the Act, which 

expresses the intent of Congress that 

where practicable "regulations imposing 

controls on exports” be published in 

proposed form.

2. This rule does not impose a burden 

under the Paperwork Reduction Act of 

1980, 44 U.S.C. 3501 et seq.

3. This rule is not subject to the 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq.

4. This rule is not a major rule within 

the meaning of section 1(b) of Executive 

Order 12291 (46 FR 13193, February 19, 

1981), “Federal Regulation.”

Therefore, this regulation is issued in 

final form. Although there is no formal