pmangrum on DSK3VPTVN1PROD with RULES

76032 Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 

one fiscal period’s operating expenses, 

the maximum permitted by the order. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Washington sweet cherry industry. All 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the May 21, 2013, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are anticipated. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Washington 

sweet cherry handlers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

October 7, 2013. No comments were 

received. Therefore, for reasons given in 

the interim rule, we are adopting the 

interim rule as a final rule, without 

change. 

To view the interim rule, go to: 

http://www.regulations.gov/ 

#!documentDetail;D=AMS-FV-13-0055- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, and 

13563; the Paperwork Reduction Act (44 

U.S.C. Chapter 35); and the E-Gov Act 

(44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 48283, August 8, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 923 

Cherries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 923—SWEET CHERRIES 

GROWN IN DESIGNATED COUNTIES 

IN WASHINGTON 

Accordingly, the interim rule 

amending 7 CFR part 923, which was 

published at 78 FR 48283 on August 8, 

2013, is adopted as a final rule, without 

change. 

Dated: December 9, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–29674 Filed 12–13–13; 8:45 am] 

BILLING CODE P 

FEDERAL ELECTION COMMISSION 

11 CFR Part 100 

[Notice 2013–16] 

Date of Political Party Nominations of 

Candidates for Special Primary 

Elections in New York 

AGENCY: Federal Election Commission. 

ACTION: Notice of interpretive rule. 

SUMMARY: The Federal Election 

Commission is clarifying its 

interpretation of its rules for 

determining the date of a special 

primary election as those rules apply to 

nominations conducted under New 

York statutes that provide for a 

candidate to be nominated for a special 

election by a vote of a state or county 

party committee. 

DATES: December 16, 2013. 

FOR MORE INFORMATION CONTACT: Robert 

M. Knop, Assistant General Counsel, or 

Cheryl A.F. Hemsley, Attorney, 999 E 

Street NW., Washington, DC 20463, 

(202) 694–1650 or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: This 

Notice clarifies that, for purposes of the 

Federal Election Campaign Act of 1971, 

as amended (the ‘‘Act’’), and 

Commission regulations, the date of a 

special primary election under New 

York law is the date on which the 

political party committee votes to 

nominate the party’s candidate for the 

special general election, not the date on 

which the certification of that vote is 

filed. Because the Act and Commission 

regulations provide for separate 

contribution limits for each ‘‘election,’’ 1 

the Commission issues this clarification 

1 See 2 U.S.C. 441a(a)(1)(A); 11 CFR 110.1(b)(1), 

110.2(b)(1). 

to assist candidates and their authorized 

committees in distinguishing 

contributions for special primary 

elections in New York from 

contributions for special general 

elections. 

The Act provides that an ‘‘election’’ 

includes ‘‘a general, special, primary, or 

runoff election . . . [or] a convention or 

caucus of a political party which has 

authority to nominate a candidate.’’ 2 

U.S.C. 431(1)(A), (B). Commission 

regulations define a ‘‘primary election’’ 

as an ‘‘election which is held prior to a 

general election, as a direct result of 

which candidates are nominated, in 

accordance with applicable State law, 

for election to Federal office in a 

subsequent election.’’ 11 CFR 

100.2(c)(1).2 A ‘‘special election’’ is an 

election to fill a vacancy in a Federal 

office and may be a primary, general, or 

runoff election. 11 CFR 100.2(f). Under 

the Act and Commission regulations, 

therefore, a special primary election is 

an election, convention, or caucus with 

the authority to nominate candidates in 

accordance with applicable state law for 

a subsequent general election that is 

held to fill a vacancy in a Federal office. 

New York election law generally 

provides that ‘‘[p]arty nominations for 

an office to be filled at a special election 

shall be made in the manner prescribed 

by the rules of the party.’’ N.Y. Elec. 

Law 6–114. New York Democratic and 

Republican State party committee rules 

provide that the county committees 

within a vacant congressional district 

nominate candidates for a special 

election to the U.S. House of 

Representatives; and that the state 

committees nominate candidates for a 

special election to the U.S. Senate. See 

Party Rules New York State Democratic 

Committee, Art. VI, Sec. 2 (2012); and 

Rules of the New York Republican State 

Committee, Art. VII, Rule 1 (June 9, 

2011). Similarly, when a vacancy in an 

elected office occurs too late for 

candidates to participate in a regularly 

scheduled primary, New York election 

law requires a party to nominate its 

candidate by a vote of the appropriate 

state or county party committee. See 

N.Y. Elec. Law 6–116. After a party 

committee votes to nominate a 

candidate, a ‘‘certificate of nomination 

shall be filed’’ with the appropriate 

election board certifying the 

committee’s vote. Id.; see also id. 6–144, 

2 Because the date of a special primary election 

for an independent or minor-party candidate is 

governed by different regulatory criteria, see 11 CFR 

100.2(c)(4), this Notice encompasses only 

nominations by a major political party, which is a 

party whose candidate for President received at 

least 25 percent of the popular vote in the preceding 

presidential election. 26 U.S.C. 9002(6). 

pmangrum on DSK3VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Rules and Regulations 76033 

6–156. Failure to file this certification is 

‘‘a fatal defect’’ in the nomination. Id. 1– 

106. 

Sections 6–114 and 6–116 vest special 

election nominating authority in the 

party committees, either directly or by 

operation of state party rules. Under 

these provisions, therefore, candidates 

are placed on the general election ballot 

‘‘in accordance with applicable state 

law’’ as ‘‘a direct result’’ of the relevant 

party committee vote. See 11 CFR 

100.2(c)(1). Accordingly, the party 

committee vote is a ‘‘primary election’’ 

within the meaning of the Act and 

Commission regulations. See Advisory 

Opinion 2004–20 (Farrell for Congress) 

(determining that party convention 

constituted primary election where 

convention’s endorsement of only one 

candidate caused candidate to be placed 

directly on general election ballot); 

Advisory Opinion 1992–25 (Owens for 

Senate Committee) (concluding that 

party convention constituted primary 

election where candidate would be 

placed directly on general election 

ballot if candidate received at least 70% 

of votes at convention). The subsequent 

filing of a certification formalizes the 

nomination, but such a filing is not the 

primary election itself. See FEC v. 

Citizens for Senator Wofford, No. 1:CV– 

94–2057, slip op. at 8–10 (M.D. Pa. Sept. 

27, 1995) (holding that state party 

convention constituted ‘‘primary 

election’’ under Act and Commission 

regulations even though state law 

required party to file subsequent 

certificate of nomination with state). 

For the foregoing reasons, the 

Commission issues this interpretive rule 

to clarify that the date of a special 

primary election held pursuant to N.Y. 

Elec. Law 6–114 or 6–116 is the date of 

the party committee’s nomination vote. 

To the extent that other states’ 

nominating procedures for special 

elections are materially 

indistinguishable from those of New 

York, the Commission anticipates that 

this interpretation would apply to such 

other states as well. 

This interpretive rule clarifies the 

Commission’s interpretation of existing 

statutory and regulatory provisions and 

therefore does not constitute an agency 

action subject to notice and comment 

requirements or a delayed effective date 

under the Administrative Procedure 

Act. See 5 U.S.C. 553. The provisions of 

the Regulatory Flexibility Act, which 

apply when notice and comment are 

required by the Administrative 

Procedure Act or another statute, do not 

apply. See 5 U.S.C. 603(a). The 

Commission is not required to submit 

this interpretive rule for congressional 

review. See 2 U.S.C. 438(d)(1), (4). 

Dated: December 5, 2013. 

On behalf of the Commission, 

Ellen L. Weintraub, 

Chair, Federal Election Commission. 

[FR Doc. 2013–29597 Filed 12–13–13; 8:45 am] 

BILLING CODE 6715–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1026 

Truth in Lending (Regulation Z) 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule; official 

interpretation. 

SUMMARY: The Bureau of Consumer 

Financial Protection (Bureau) is 

publishing this final rule amending the 

regulatory text and official 

interpretations for Regulation Z, which 

implements the Truth in Lending Act 

(TILA). The Bureau is required to 

calculate annually the dollar amounts 

for several provisions in Regulation Z; 

this final rule reviews the dollar 

amounts for provisions implementing 

amendments to TILA under the Credit 

Card Accountability Responsibility and 

Disclosure Act of 2009 (CARD Act) and 

the Home Ownership and Equity 

Protection Act of 1994 (HOEPA). These 

amounts are adjusted, where 

appropriate, based on the annual 

percentage change reflected in the 

Consumer Price Index in effect on June 

1, 2013. The minimum interest charge 

disclosure thresholds will remain 

unchanged in 2014. The adjusted dollar 

amount for the penalty fees safe harbor 

in 2014 is $26 for a first late payment 

and $37 for each subsequent violation 

within the following six months. The 

adjusted statutory fee trigger for HOPEA 

loans is $632, effective January 1, 2014. 

DATES: This final rule is effective 

January 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

David Friend, Counsel, Office of 

Regulations, Consumer Financial 

Protection Bureau, 1700 G Street NW., 

Washington, DC 20552 at (202) 435– 

7700. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. CARD Act Annual Adjustments 

In 2010, the Board of Governors of the 

Federal Reserve System (Board) 

published amendments to Regulation Z 

implementing the Credit Card 

Accountability Responsibility and 

Disclosure Act of 2009 (CARD Act), 

which amended the Truth in Lending 

Act (TILA). Public Law 111–24, 123 

Stat. 1734 (2009). Pursuant to the CARD 

Act, the Board’s Regulation Z 

amendments established new 

requirements with respect to open-end 

consumer credit plans, including 

requirements for the disclosure of 

minimum interest charge amounts and 

the establishment of a safe harbor 

provision allowing card issuers to 

impose penalty fees for violating 

account terms without violating the 

restrictions on penalty fees established 

by the CARD Act. See 75 FR 7658, 7799 

(Feb. 22, 2010) and 75 FR 37526, 37527 

(June 29, 2010). The final rule issued by 

the Board required that these thresholds 

be calculated annually using the 

Consumer Price Index as published by 

the Bureau of Labor Statistics.1 

Minimum Interest Charge Disclosure 

Thresholds 

Sections 1026.6(b)(2)(iii) and 

1026.60(b)(3) of the Bureau’s Regulation 

Z provide that the minimum interest 

charge thresholds will be re-calculated 

annually using the Consumer Price 

Index for Urban Wage Earners and 

Clerical Workers (CPI–W) that was in 

effect on the preceding June 1. When the 

cumulative change in the adjusted 

minimum value derived from applying 

the annual CPI–W level to the current 

amounts in §§ 1026.6(b)(2)(iii) and 

1026.60(b)(3) has risen by a whole 

dollar, the minimum interest charge 

amounts set forth in the regulation will 

be increased by $1.00. The Bureau of 

Labor Statistics publishes consumerbased indices monthly, but does not 

report a CPI change on June 1; 

adjustments are reported in the middle 

of the month. The CPI–W is a subset of 

the CPI–U index (based on all urban 

consumers) and represents 

approximately 28 percent of the U.S. 

population. The adjustment reflects a 

0.9 percent increase in the CPI–W from 

April 2012 to April 2013 and is rounded 

to the nearest $1 increment. This 

increase in the CPI–W when applied to 

the current amounts in 

§§ 1026.6(b)(2)(iii) and 1026.60(b)(3) did 

not trigger an increase in the minimum 

interest charge threshold of at least 

1 The responsibility for promulgating rules under 

TILA was transferred from the Board to the Bureau 

effective July 21, 2011. The Bureau restated 

Regulation Z on December 22, 2011, and the 

Bureau’s Regulation Z is located at 12 CFR part 

1026. 76 FR 79768 (Dec. 22, 2011). See sections 

1061 and 1100A of the Dodd-Frank Wall Street 

Reform and Consumer Protection Act (Dodd-Frank 

Act), Public Law 11–203, 124 Stat. 1376 (2010). 

Section 1029 of the Dodd-Frank Act excludes from 

this transfer of authority, subject to certain 

exceptions, any rulemaking authority over a motor 

vehicle dealer that is predominantly engaged in the 

sale and servicing of motor vehicles, the leasing and 

servicing of motor vehicles, or both.