760 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

List of Subjects in 10 CFR Part 9

Freedom of information, Penalty, 

Privacy, Reporting and recordkeeping 

requirements, Sunshine Act.

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended, 

the Energy Reorganization Act of 1974, 

as amended, and 5 U.S.C. 553, the NRC 

is adopting the following amendment to 

10 CFR Part 9.

PART 9—PUBLIC RECORDS

1. The authority citation for Part 9 

continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as 

amended (42 U.S.C. 2201): sec. 201, 88 Stat. 

1242, as amended (42 U.S.C. 5841).

2. Section 9.95 is revised to read as 

follows:

§ 9.95 Specific exemptions.

The following records, contained in 

the designated NRC Systems of Records 

(NRC-5, NRC-9, NRC-11, NRC-18, 

NRC-22, NRC-28, NRC-29, NRC-31, 

NRC-33, NRC-37, NRC-39, and NRC-40) 

are exempt from 5 U.S.C. 552a(c)(3), (d),

(e)(i), (e)(4) (G), (H), (I), and (f) in 

accordance with 5 U.S.C. 552a(k). Each 

of these records is subject to the 

provisions of § 9.61:

(a) Contracts Records Files, NRC-5;

(b) Equal Employment Opportunity 

Records Files, NRC-9;

(c) General Personnel Records 

(Official Personnel Folder and Related 

Records), NRC-11;

(d) Investigative Offices Index, Files, 

and Associated Records, NRC-18;

(e) Personnel Performance Appraisals, 

NRC-22;

(f) Recruiting, Examining, and 

Placement Records, NRC-28;

(g) Document Control System, NRC29;

(h) Correspondence and Records 

Branch, Office of the Secretary, NRC-31;

(i) Special Inquiry File, NRC-33;

(j) Information Security Files and 

Associated Records, NRC-37;

(k) Personnel Security Files and 

Associated Records, NRC-39; and

(l) Facility Security Support Files and 

Associated Records, NRC-40.

Dated at Bethesda, MD, this 24th day of 

December 1986.

For the Nuclear Regulatory Commission. 

Victor Stello, Jr.,

Executive Director for Operations.

(FR Doc. 87-460 Filed 1-8-87; 8:45 am]

BILUNG CODE 7590-01-M

FEDERAL ELECTION COMMISSION

11 CFR Parts 100,102,103,104, and

110

[Notice 1987-1]

Contribution and Expenditure

Limitations and Prohibitions;

Contributions by Persons and

Multicandidate Political Committees

a g e n c y : Federal Election Commission. 

a c t io n : Final rule; Transmittal to 

Congress.

SUMMARY: The Commission’s 

regulations governing contributions by 

persons and multicandidate political 

committees at 11 CFR 110.1 and 110.2 

have been revised and transmitted to 

Congress pursuant to 2 U.S.C. 438(d). 

These regulations implement the 

contribution limitations established by 2

U.S.C. 441a(a) (1) and (2), provisions of 

the Federal Election Campaign Act of 

1971, as amended ("the Act” or 

“FECA”), 2 U.S.C. 431 et seq. The 

revisions clarify the scope of the 

contribution limitations prescribed by 

each section, and resolve several issues 

which have arisen since the regulations 

were originally promulgated in 1977. 

These issues concern designation, 

redesignation and reattribution of 

contributions, net debts outstanding, 

spousal and joint contributions, the date 

of making a contribution, and 

partnership contributions. In addition, 

the Commission has made several 

corresponding revisions to 11 CFR 

100.7(c), 100.8(c), 102.9,103.3 and 

104.8(d) to bring those provisions into 

conformity with the amendments to 11 

CFR 110.1 and 110.2. Further information 

on these revisions is provided in the 

supplementary information which 

follows.

d a t e s : Further action, including the 

announcement of an effective date, will 

be taken after these regulations have 

been before Congress for 30 legislative 

days pursuant to 2 U.S.C. 438(d).

FOR FURTHER INFORMATION CONTACT:

Susan E. Propper, Assistant General 

Counsel, 999 E Street, NW., Washington, 

DC 20463, (202) 376-5690 or toll free 

(800) 424-9530.

SUPPLEMENTARY INFORMATION: The 

Commission is publishing today the final 

text of revised rules governing 

limitations on contributions by persons 

and multicandidate political committees 

at 11 CFR 110.1 and 110.2. The 

Commission is also publishing 

conforming amendments to §§ 100.7, 

100.8,102.9,103.3 and 104.8 to reflect the 

changes made in the contribution 

limitation regulations.

On April 17,1985 the Commission 

issued a Notice of Proposed Rulemaking I 

seeking comments on proposed 

revisions to these regulations. 50 FR 

15169. Thirteen comments were received I 

in response to the Notice. On October

16,1985 the Commission held a public 

hearing on the proposed regulations.

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

or regulation prescribed by the 

Commission to carry out the provisions 

of 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. 

These regulations were transmitted to 

Congress on January 6,1987.

Explanation and Justification

The two principal areas in which the 

rules published today differ from the 

previous rules concern redesignation of 

contributions for different elections and 

reattribution of contributions to different I 

contributors. See 11 CFR 110.1(b)(5) and j 

110.1(k). The Commission has adopted 

specific procedures whereby political 

committees may seek and obtain from 

contributors redesignations and 

reattributions of certain contributions 

that would otherwise be illegal. Under 

the revised rules, the timing and 

operation of the redesignation process is I 

consistent with the timing and operation 

of the reattribution process. This allows 

political committees to seek 

redesignation, reattribution, or a 

combination of both in a single written 

request to a contributor.

After considering the public 

comments and testimony on the net 

debts outstanding rule and the 

aggregation of contributions rule, the 

Commission has decided to retain its 

longstanding approach in these areas.

See 11 CFR 110.1(b)(3) and 110.1(h). The 

Commission has concluded that the net 

debts provision is based on the FECA’s 

requirement that the contribution limits 

apply on a per election basis, and that 

this rule correctly interprets the 

statutory requirement that contributions 

be made with respect to and for the 

purpose of influencing particular 

elections. Consequently, the 

Commission reaffirms today its position 

that it cannot adopt an approach which 

places fewer restrictions on the timing 

or receipt of contributions absent 

statutory changes.

Section 110.1 Contributions by persons

other than m ulticandidate political

committees.

This section has been substantially 

revised to resolve several issues that 

have been raised during the 

administration and enforcement of these
761 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

provisions since they were promulgated 

in 1977. In addition, § 110.1 has been 

retitled “Contributions by persons other 

than multicandidate political 

committees’’ to reflect that several 

provisions pertaining to multicandidate 

committees have been removed from 

§ 110.1 and placed in § 110.2,

Section 110.1(a) Scope.

A new “Scope” paragraph has been 

included in $ 110.1 to provide a 

statement as to who is subject to the 

contribution limitations of this section. 

Paragraph 110.1(a) clarifies that the 

ability to make contributions under this 

section does not apply to corporations, 

labor organizations, foreign nationals or 

other entities prohibited from 

contributing to federal candidates. The 

new “Scope” provision has been added 

to eliminate any confusion that could 

arise from the inclusion of these entities 

in the definition of person in 2 U.S.C. 

431(11).

Section 110.1(b) Contributions to

candidates: designations: and

redesignations.

Revised { 110.1(b)(1) follows current 

§ 110.1(a)(1).

Revised $ 110.1(b)(2) generally follows 

current § 110.1(a)(2) in defining the term 

“with respect to any election.” A new 

sentence has been added to 

§ 110.1(b)(2)(i) encouraging contributors 

to supply written designations for their 

contributions. Written designations 

ensure that the contributor’s intent is 

clearly conveyed to the recipient 

candidate or committee. Moreover, 

written designations promote 

consistency in reporting by the recipient 

committee and the contributor, where 

the contributor is a political committee 

subject to the limitations of § 110.1. For 

these reasons, written designations are 

strongly encouraged, although they are 

not required. However, a designation 

would be required if the contributor 

wishes to make a contribution for an 

election other than the next upcoming 

election.

With regard to undesignated 

contributions, revised § 110.1(b)(2)(ii) 

requires that they be counted toward the 

contributor’s limit for the next election 

for that Federal office after they are 

made. Current $ 110.1(a)(2)(ii) (A) and

(B) state that undesignated contributions 

are counted toward the primary election 

if made on or before that election, and 

are counted toward the general election 

if made after the date of the primary 

election. Since the current language does 

not address several situations, it is being 

revised to provide that undesignated 

contributions simply count against the 

limits for the next election, whichever

election that may be, even if the next 

election is not in the same election 

cycle.

Paragraph 110.1(b)(3) reaffirms and 

clarifies the Commission's position as to 

the circumstances in which 

contributions for a particular election 

may be made and accepted after the 

election has taken place. Having 

considered the public comments on this 

issue, the Commission had decided to 

continue its previous policy of 

permitting post-election contributions 

only to the extent that the candidate’s 

authorized campaign committee has net 

debts outstanding from that particular 

election. Paragraph 110.1(b)(3)(i) 

clarifies that this rule applies to all 

elections, not just primaries. See AO 

1977-24.

The approach embodied in 

§ 110.1(b)(3) is based on the 

Commission’s interpretation of specific 

statutory language. The FECA defines 

“contribution” as being “for the purpose 

of influencing any election for Federal 

office.” 2 U.S.C. 431(8). Furthermore, 

section 441a(a) (1)(A) and (2)(A) of the 

FECA limits the amounts that may be 

contributed “with respect to any 

election for Federal office." 2 U.S.C. 

441a(a) (1)(A) and (2)(A). The 

Commission believes that funds given to 

a candidate after an election is over 

cannot meet the Act’s requirements that 

contributions be made with respect to 

and for the purpose of influencing that 

election unless they could be used to 

retire outstanding debts from that 

election. Absent such debts, 

contributions to past elections would, in 

reality, influence future elections.

Hence, the net debts rule, by 

effectuating the contribution limits, 

furthers the fundamental goal of the 

FECA, which is to protect the integrity 

of the electoral process.

The Commission received numerous 

public comments on the net debts 

regulation. The responses were divided 

between those who favored retaining 

and strengthening the net debts rule and 

those who argued against such 

restrictions on post-election 

contributions. The Commission 

considered an approach which would 

have permitted both primary and 

general election contributions to be 

made up to the date of the general 

election, but would have permitted them 

after that date only to the extent of net 

debts outstanding. The Commission 

concluded, however, that such an 

approach would not be consistent with 

the Act’s per election contribution 

limitations, and would require new 

legislation establishing contribution 

limits on an election cycle basis. Thus, 

the Commission rejected this avenue, as

being beyond the Commission’s 

regulatory authority under the current 

statute.

Paragraph 110.1(b)(3)(i) explains how 

candidates should handle post-election 

contributions that cannot be accepted 

because they have no net debts 

outstanding. This provision is based on 

the principle established by the 1974 

legislative history that “Individuals 

cannot give to any candidate or political 

committee supporting that candidate 

more than $1,000 for each election in

which the candidate participates. . . .” 

120 Cong. Rec. S18.525 (daily ed. Oct. 8, 

1974) (Statement of Sen. Cannon 

summarizing the Conference Committee 

Report, emphasis àdded). Paragraph 

110.1(b)(3)(i) is also consistent with the 

Commission’s interpretation of the 

current net debts rule. For example, the 

Commission has stated that where a 

general election is held, but the 

candidate does not participate in that 

election, no separate contribution limit 

for that general election is available to 

contributors. AOs 1986-17,1985-41, and

1980-122; cf. AO 1982-49 (no separate 

contribution limit is available where the 

primary election was cancelled) and AO 

1980-68 (a candidate must return 

contributions for a primary runoff 

election in which the candidate does not 

participate).

Paragraph 110.1(b)(3)(i) explains the 

campaign committee’s options when it 

receives post-election contributions in 

the absence of or in excess of net debts 

outstanding. Within ten days of receipt, 

the committee must either deposit the 

contribution or return it to the 

contributor. If the treasurer chooses to 

deposit the contribution, then within 

sixty days of receipt, the treasurer must 

do one of the following: (1) Refund the 

contribution to the contributor; (2)

Obtain a redesignation for a different 

election; or (3) Obtain a reattribution to 

a different contributor in combination 

with a redesignation for a different 

election. It should be noted that a 

reattribution alone would not be 

sufficient, since neither contributor 

could make post-election contributions 

in the absence of net debts outstanding. 

However, the contribution could be 

accepted if it was first reattributed to 

another contributor, and then 

redesignated for a different election. The 

redesignation and reattribution 

procedures are explained more fully 

below. For the purposes of these 

regulations, contributions are “returned” 

when the negotiable instrument 

comprising the contribution is sent back 

to the contributor instead of being 

deposited. Contributions are “refunded” 

when the recipient committee sends the
762 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

contributor a check for the amount of 

the contribution which had been 

previously deposited.

Paragraph 110.1(b)(3)(ii) provides 

candidates and campaign committees 

with guidelines for determining whether 

they have net debts outstanding from a 

particular election. It defines “net debts 

outstanding’’ as total unpaid debts and 

obligations incurred with respect to a 

particular election minus cash on hand 

and receivables available to pay those 

expenses as of the date of the election. 

The definition of cash on hand in 

revised § 110.1(b)(3)(ii) parallels the 

definition in current § 104.3(a)(1) with 

one minor exception. In § 110.1(b)(3)(ii) 

committee investments are valued at 

fair market value, not at cost, since the 

fair market value more accurately 

reflects a committee’s financial position. 

In calculating election-related expenses, 

a candidate who will not be 

participating in the next election, or 

whose authorized committee is 

terminating, may include necessary 

winding down costs. However, a 

candidate who will be running in the 

next election may not include such costs 

because he or she is not terminating 

political activity. It would be difficult to 

distinguish post-election expenses 

legitimately related to that election from 

expenses that are intended to benefit 

the candidate in future elections. The 

Commission also considered and 

rejected inclusion of a committee’s 

assets in the net debts formula. One 

public comment noted that including 

assets could force committees to 

liquidate those assets to pay their debts.

Paragraph 110.1(b)(3)(iii) provides that 

the net debts outstanding figure, initially 

calculated as of the date of the election, 

shall be adjusted as updated financial 

information becomes available. 

Campaign committees may retain and 

use designated post-election 

contributions so long as they have net 

debts outstanding from that election at 

the time the contributions are received. 

Once a committee’s net debts have been 

extinguished, any contributions 

designated to pay those debts must be 

returned, refunded, redesignated or 

reattributed. If a campaign committee 

receives several contributions on the 

same date, which exceed the amount 

needed to retire its net debts, the 

committee may choose either to accept a 

proportionate amount of each 

contribution, or to accept some 

contributions in full and return, refund, 

or seek redesignation or reattribution of 

the others.

Finally, § 110.1(b)(3)(iv) has been 

included in the net debts provision to 

clarify that candidates who participate

in the general election may pay their 

primary election debts with funds 

properly received for the general 

election.

To demonstrate how the net debts 

outstanding rule operates, the 

Commission has prepared the following 

hypothetical example:

Illustration

On May 6,1986 the Candidate wins 

the primary election. As of that day, the 

Candidate’s principal campaign 

committee’s financial position is as 

follows:

Outstanding Balance on L oans $60,000

Other Unpaid Debts and Obligations ............................................... 15,000

Cash on Hand and R eceiv ab les... 35,000

1. To determine the committee’s net 

debts outstanding, the treasurer should 

begin by calculating the total amount of 

primary related debts and obligations 

owed by the committee as of the date of 

the primary. This amount is $60,000 plus 

$15,000, or $75,000. Please note that total 

primary debts and obligations should 

not include any expenses that have been 

incurred solely witii respect to the 

general election.

2. Next, the treasurer should subtract 

cash on hand and receivables from total 

debts. This amount is $75,000 minus 

$35,000, or $40,000. Hence, the 

Committee has $40,000 of net debts 

outstanding as of May 6,1986. Please 

note that for purposes of this calculation 

cash on hand need not include 

preprimary contributions that are 

specifically designated for the general 

election and separately accounted for in 

accordance with 11 CFR 102.9(e). (If the 

candidate had not won the primary, the 

calculation could not include 

contributions designated for the general, 

although the candidate could seek 

redesignation from those contributors 

who had not reached their contribution 

ceilings for the primary election.)

3. Between May 6,1986 and May 30, 

1986 the Committee receives $33,000 of 

designated primary contributions. 

(Undesignated contributions made after 

May 6,1986 count toward the general 

election and do not automatically 

reduce the amount of net primary debts. 

However, the Committee may use such 

funds to pay primary debts if the 

undesignated contributions are properly 

received for the general election.) During 

this time period the Committee receives 

an additional bill for primary-related 

expenses in the amount of $2000. The 

adjusted amount of net debts 

outstanding on May 30,1986 is $9,000, 

which was calculated as follows:

Previous net d e b ts ............................. $40,000

Additional bill................................. -I- 2,000

42,000

Additional primary contributions..................................................... —33,000

Adjusted net d e b ts .................... ....... 9,000

4. On June 1,1986 the Committee 

receives several contributions 

designated for primary debt retirement 

totalling $10,000. The Committee may 

accept only $9,000 for the primary 

election, since it has $9,000 of net 

primary debts on June 1,1986. Hence the 

Committee has two options: (1) The 

Committee can accept 90% of each 

contribution and refund the other 10%.

In addition, the candidate may ask the 

contributors to redesignate the 

remaining 10% of their contributions for 

the general election, assuming this 

would not cause them to exceed their 

general election contribution limits. (2)

In the alternative, the Committee can 

accept some primary contributions in 

full and refund or seek redesignations 

for the others, so long as only $9000 is 

accepted and $1000 is refunded or 

redesignated. Note that the Committee 

may obtain redesignations for the 

general election because the Candidate 

won the primary. If the Candidate had 

lost, this option would be foreclosed. 

Note also that the Committee may 

obtain redesignations for an election in 

a previous election cycle so long as the 

Committee has net debts outstanding as 

of the date it receives the redesignation.

New § 110.1(b)(4) follows current 

§ 110.1(a)(2)(ii) by providing that 

designations of contributions for 

particular elections must be made in 

writing. The designation must appear on 

the check, money order, or other 

negotiable instrument, or in an 

accompanying writing signed by the 

contributor. The Commission will also 

consider a contribution redesignated in 

accordance with 11 CFR 110.1(d)(5) to be 

properly designated, whether or not the 

contribution was originally designated.

These guidelines clarify that 

designations must be made by the 

contributor and not the recipient 

committee. They are also intended to be 

responsive to questions regarding the 

timing of the designation and whether 

the designation has to appear on the 

written instrument. The Commission has 

also revised 11 CFR 102.9(e) to refer to 

contributions designated in writing by 

the contributor, to eliminate any 

apparent conflict as to who may provide 

designations.

The Commission has considered and 

rejected a suggestion to aiiow
763 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 J Rules and Regulations

contributors that are political 

committees to designate their 

contributions by indicating on the 

reports they file with the Commission 

whether the contribution is for the 

primary or general election. A serious 

drawback to such a system is that the 

designation information would not be 

communicated to the recipient 

candidate or committee. This may lead 

to conflicts as to how the designated 

contribution is reported by the recipient 

committee and the donor, when the 

donor is a reporting entity. See, e.g., 

Antosh v. FEC, 599 F. Supp. 850 (D.D.C. 

1984). In addition, individual 

contributors could not designate their 

contributions in this manner because 

they are not required to file reports. The 

Commission believes that all 

contributors should follow the same 

designation procedures. Therefore, the 

Commission has decided that the 

written designation must be sent by the 

contributor to the candidate or political 

committee at the time the contribution is 

made. However, contributors may make 

subsequent redesignations, provided 

that certain requirements discussed 

below are satisfied.

A question has also been raised as to 

whether contributions received in 

response to a solicitation for a particular 

election should be considered to be 

designated for that election. Under new 

§ 110.1(b)(4), tiie contributor would be 

able to effectuate a designation by 

returning a preprinted form supplied by 

the soliciting committee that dearly 

states the election to which the 

contribution will be applied, provided 

that the contributor signs the form, and 

sends it to the committee together with 

the contribution.

New § 110.1(b)(5) sets forth 

procedures under which a contribution 

made for a particular election may be 

redesignated by the contributor for a 

different election. Under the new 

regulations, the recipient candidate or 

his or her authorized political committee 

may ask the contributor for a 

redesignation in three situations: (1) The 

contribution, either by itself or when 

added to other contributions from that 

person, exceeds the contribution 

limitations for a particular election; (2) 

The contribution cannot be accepted 

because it was made after the election 

for which it was designated, and there 

are no net debts outstanding from that 

election; or (3) The contribution is 

undesignated and will count toward the 

contributor’s limit for the next election, 

out the candidate wishes to count it 

toward a previous election for which the 

candidate has net debts outstanding. 

However, the new redesignation rule

does not permit committees to seek 

redesignation for contributions 

prohibited by 2 U.S.C. 441b, 441c, 441e, 

or 441f. Finally, committees do not need 

to seek or obtain a redesignation when a 

contribution can be properly accepted 

for a particular election, but the 

committee does not need to use it for 

that election, and wishes to apply it 

toward expenditures for another 

election. See, e.g., AO 1981-9.

The issue of whether to permit 

redesignations was raised for public 

comment in the April 17,1985 Notice of 

Proposed Rulemaking because this is an 

area of concern to candidates. See, e.g.

A O 1984-32. Several public comments 

favored the concept of redesignation, 

but differed as to the specific approach 

to be adopted. The Commission has 

decided to adopt a system which 

permits candidates to seek 

redesignation o f contributions for 

different elections. By allowing 

redesignation, the Commission is 

attempting to encourage candidates to 

pay their campaign debts by eliminating 

the need to refund impermissible 

contributions and then solicit 

contributions for another election.

New § 110.1(b)(5)[ii) establishes the 

procedures for making redesignations. 

These new procedures provide a sixty 

day period from the date a treasurer 

receives a contribution within which the 

treasurer must examine the contribution 

for compliance with the contribution 

limits, make a written request for 

redesignation if necessary and receive 

tiie written redesignation from the 

contributor. If the Tedesignation is not in 

writing, or is not received within the 

required sixty day time frame, the 

contribution must be refunded. Written 

redesignations signed by the contributor 

are required to ensure that they 

effectuate donor intent and to aid 

accurate recordkeeping and reporting.

The Commission has considered 

various public comments as to the 

appropriate time limit for obtaining 

redesignations. Current § 103.3(b)(2) 

simply requires the return of 

contributions within a reasonable time if 

they cannot be determined to be legal. 

The new sixty day time limit established 

by the Commission represents a balance 

between the need to establish a realistic 

deadline, on the one hand, and the need 

to resolve the problems created by 

excessive contributions as quickly as 

possible, on the other hand. The sixty 

day deadline applies to redesignations 

under § 110.1(b)(5), reattributions under 

§ 110.1(k) and refunds of excessive 

contributions under § 103.3(b)(3). The 

sixty day period begins on the date the 

treasurer o f the committee receives the

original contribution. The Commission 

considered beginning the time period on 

the date of deposit but rejected that 

approach because committees are 

required to report the date of receipt.

The Commission also considered 

establishing an interim thirty day period 

in which the recipient must aggregate 

contributions from the same contributor, 

and calculate net debts outstanding, if 

necessary. Although the Commission did 

not adopt the interim deadline, in order 

for political committees to be able to 

obtain contributor redesignations within 

the sixty day period, they are 

encouraged to perform their required 

aggregations and net debts calculations 

within thirty days after receiving a 

contribution. The Commission did adopt 

a thirty day time limit for refunding 

contributions from corporations, labor 

organizations, foreign nationals, and 

Federal contractors. See revised 11 CFR 

103.3(b)(1),

The new procedures for redesignating 

contributions for different elections may 

be invoked only by authorized 

committees, because other political 

committees do not receive contributions 

on a per election basis.

Paragraph 110.1(b}(5)(iii) establishes 

two limitations on redesignation. First, 

contributions redesignated for previous 

elections must comply with the net 

debts outstanding rule at § 110.1(b)(3). 

Second, a redesignation for a different 

election is not permitted if it would 

result in an excessive contribution being 

made for that election. These 

restrictions prevent the redesignation 

procedures from being used to 

circumvent the contribution limitations 

established by thé FECA.

Finally, the Commission has adopted 

new guidelines for reporting 

redesignated contributions and 

maintaining adequate records of 

redesignations. The recordkeeping 

provision is located in new § 110.1(1), 

and foe reporting provision may be 

found at revised § 104.8(d). These are 

discussed more fully below.

New 1110.1(b)(6) specifies that a 

contribution is considered to be made 

when the contributor relinquishes 

control over the contribution. This 

provision was added to the regulations 

because the timing of a contribution is of 

significance in several situations. For 

example, the date on which an 

undesignated contribution is made will 

determine whether the contribution 

counts against toe contributor’s limit for 

the primary or general election. The date 

also affects whether toe net debts 

outstanding rule at § 110.1(b)(3) is 

triggered, because if a contribution is 

made on or before the date of a
764 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

particular election, it will not be subject 

to a net debt test even though it is 

received after the election.

The Commission sought comment on 

several alternative dates, including the 

date the contributor relinquished control 

over the contribution, the date of 

receipt, the date appearing on the check 

or negotiable instrument, and the date of 

deposit. The public response reflected 

no consensus as to which approach 

should be taken.

This has been an area of considerable 

difficulty for the Commission, as there 

are drawbacks to each of the alternative 

dates that could be selected.

Nonetheless, this is an important 

question to resolve. Accordingly, the 

Commission has decided that a 

contribution shall be considered to be 

made when the contributor relinquishes 

control over the contribution. New 

§ 110.1(b)(6) explains that relinquishing 

control occurs when the contribution is 

delivered to the candidate, or to the 

political committee, or to an agent of the 

political committee. If the contribution is 

mailed to the candidate or political 

committee, it is considered to be made 

on the date of the postmark, regardless 

of whether it was sent by registered, 

certified or first class mail. New 

§ 110.1(b)(6) also specifies that in-kind 

contributions are considered to be made 

on the date that the goods or services 

are provided by the contributor.

The approach taken in the new rules 

is based on the premise that the FECA 

establishes different dates for the 

making and receipt of contributions.

This will, in some instances, result in 

reporting discrepancies when the donor 

and the recipient are both reporting 

political committees. Committees 

making contributions will report the 

date of making on Schedule B (Itemized 

Disbursements), and committees 

receiving contributions will report the 

date of receipt on Schedule A (Itemized 

Receipts). Although the Commission 

believes that two different dates are 

mandated by the Act, difficulties can 

arise when the two dates straddle an 

election, thereby causing the 

contribution to be reported 

inconsistently. This problem may be 

compounded by the existence of a 

significant delay between the date on 

the check or negotiable instrument and 

the date of deposit. When such a 

discrepancy is investigated, the 

contributor, the recipient, and any 

intermediaries are responsible for 

establishing that the date they each 

reported is correct, and that they 

complied with the time limits for 

forwarding and depositing contributions, 

where applicable. See 11 CFR 102.8(a)

and 103.3(a). They may rely on evidence 

such as a contemporaneous log 

recording the dates on which 

contributions are made or received, a 

date stamp marking when contributions 

are received, and the return receipts for 

contributions sent by registered or 

certified mail. Hence, these questions 

will be resolved on a case-by-case basis. 

The potential difficulties that could 

result from these situations lead the 

Commission to strongly encourage 

contributors to provide designations.

The Commission also sought public 

comment as to whether the regulations 

should define who is an agent for 

purposes of receiving contributions on 

behalf of a candidate or committee. Two 

comments stated that the term “agent” 

is self-explanatory and that a definition 

is unnecessary. The Commission agrees 

with these comments and has decided 

not to define “agent” in these 

regulations. Should “agency” questions 

arise in particular cases, they can be 

resolved in accordance with established 

law in this area.

Section 110.1(c) Contributions to

political party committees

Paragraph 110.1(c) generally follows 

current § 110.1(b) by implementing the 

statutory $20,000 per year limitation on 

contributions by persons to political 

committees established and maintained 

by national political parties. This 

provision has been modified to clarify 

that the national committee of a political 

party may receive contributions up to 

$20,000 even if it is the authorized 

committee of a Presidential candidate 

under 11 CFR 9002.1(c). However, this 

provision does not permit a contributor 

to donate $20,000 to the Presidential 

candidate. A national committee acting 

as a Presidential candidate’s authorized 

committee must keep separate accounts 

for the Presidential campaign. 11 CFR 

102.12. The Commission did not receive 

any public comments regarding 

§ 110.1(c) or the clarification.

Section 110.1(d) Contributions to other

political committees

Paragraph 110.1(d) combines current 

paragraphs (c) and (d) into one new 

provision. This new paragraph follows 

the current regulations by restating the 

statutory limitation of $5,000 per year for 

contributions made to other political 

committees, including contributions to 

political committees making 

independent expenditures under 11 CFR 

Part 109. None of the public comments 

received addressed this provision.

Section 110.1(e) Contributions by

partnerships

Paragraph 110.1(e) generally follows 

the current rule by providing that 

contributions made by a partnership are 

attributable to the individual partners 

either in direct proportion to their shares 

of the partnership profits or according to 

an agreement made by the partners.

This paragraph has been revised slightly 

to clarify that such contributions are 

attributable to both the partnership and 

the individual partners.

The rule also clarifies that a corporate 

partner may not make contributions to 

federal candidates, and that the 

corporate partner’s portion of the 

partnership profits or losses must not be 

affected by the partnership’s political 

contributions. See AOs 1982-63,1981-56,

1981-54 and 1980-132. In response to a 

concern raised by one comment, the 

Commission considered whether to 

require all contributing partners to sign 

the written instrument or an attached 

writing. The Commission has concluded 

that such a requirement would be 

burdensome for many partnerships and 

would duplicate the attribution 

instructions that the partnership must 

already provide. Accordingly, new 

§ 110.1(k), which sets forth signature 

requirements for joint contributions, 

states that the signature of each 

contributing partner is not required.

The Commission considered several 

alternatives to the dual attribution rule 

for partnership contributions, and 

received a wide range of responses to its 

suggestions. One approach was to 

attribute contributions to the 

partnership but not to its partners if the 

amount attributable to individual 

partners would be less than $50 or $100. 

However, this approach would be 

inconsistent with many state laws and 

the approach taken by the Internal 

Revenue Code, under which charitable 

contributions are considered to be made 

by a partnership on behalf of the 

partners, and are deductible only by the 

partners. 26 U.S.C. 701, 702 and 703. 

There is also no legal basis for 

exempting small contributions from dual 

attribution.

The Commission also considered 

eliminating the limitation on partnership 

contributions and attributing the 

contributions only to the individual 

partners, thereby allowing partnerships 

to contribute as much as all their 

individual partners combined could 

contribute. The Commission concludes 

that this approach would be in conflict 

with the FECA because a partnership is 

a “person” under 2 U.S.C. 431(11) 

Consequently, a partnership is
Federal Register / Vol 52. No. 6 / Friday, January 9, 1987 / Rules and Regulations 76 5

prohibited from contributing more than 

I $1,000 to a federal candidate. Thus, the 

Commission has decided to retain the 

I prior dual attribution rule. It has worked 

; well in die past, and it ensures that 

| members of a partnership do not receive 

; the benefit of an additional contribution 

ceiling that is not available to others 

| who do not belong to a partnership.

The Commission also sought public 

i comment on several related partnership 

issues, such as whether a partnership 

should be treated as a conduit or 

political committee if it establishes a 

! contribution program to facilitate the 

making of political contributions by its 

partners. Another question presented 

was how to treat the partnership’s 

payment of its political committee’s 

administrative expenses. These 

questions were addressed in AOs 1984- 

18,1982-83,1982-13,1981-56,1981-54, 

1981-50 and 1980-72. The public 

comments that responded to these 

concerns opposed treating partnerships 

as conduits, and were divided as to the 

questions regarding political committees 

formed by partnerships. Upon further 

consideration, the Commission has 

decided not to issue general rules in this 

area because it has been the 

Commission’s experience that such 

questions are best resolved on a caseby-case basis. The Advisory Opinion 

process affords an opportunity to 

consider the particular circumstances of 

each case.

Section 110.1(f) Contributions to

candidates for more than one federal

office.

Section 110.1(f) follows the current 

rule in setting forth the conditions under 

which a contributor may give up to 

$1,000 for each election for each office 

when a candidate runs for more than 

one federal office. Although no 

substantive revisions have been made, 

this provision was slightly reworded for 

clarity.

Section 110.1(g) Contributions to retire

pre-1375 debts.

Section 110.1(g) follows the current 

rule by providing that contributions 

designated to retire debts from elections 

held prior to January 1,1975 are not 

subject to the limitations of Part 110, and 

that contributions to retire debts 

resulting from elections held after 

December 31,1974 are subject to 11 CFR 

Part 110. The amended provision is 

identical to the current rule except that 

the title was revised and the phrase 

clearly designated” was replaced by 

the phrase ‘‘designated in writing”, 

which is defined in new § 110.1(b)(4).

Section 110.1(h) Contributions to

committees supporting ¿fee sam e

candidate.

Section 110.1(h) remains the same as 

the wording of the current provision. 

This section governs the circumstances 

under which contributions to a 

candidate and his or her authorized 

campaign committee!s) must be 

aggregated with contributions to other 

political committees for purposes of the 

contribution limits of § 110.1.

In the Notice of Ihoposed Rulemaking, 

the Commission sought comment on 

several possible revisions to § 110.1(h). 

Several of the public comments were 

based on the mistaken impression that 

the proposals represented an attempt to 

require such aggregation for the first 

time. The Commission notes that the 

aggregation provision has been in the 

regulations continuously since they 

were promulgated in 1977, and has been 

interpreted and applied in a variety of 

situations over the years. E.g., Policy 

Statement 1978-46; re: A O R 1978-20, AO 

1984-2; and MUR 1414. The aggregation 

provision is based on the legislative 

history to the 1978 Amendments to the 

FECA. H.R. Gonf. Report No. 94-1057, 

94th Cong., 2d Sess. 57-58 (1976). Having 

considered the public comments and 

testimony, the statutory language and 

legislative history of the FECA, the 

Commission has decided to retain the 

current wording of the aggregation rule 

to assure that there is no 

misunderstanding as to the 

Commission’s intention to adhere to its 

longstanding policy in this area.

Section 110.1(1) Contribution b y

spouses and m inors.

Paragraph lia i( i) ( l) explains that the 

contribution limitations apply separately 

to each spouse, even if only one spouse 

has income. It has been revised from 

current § lia i( i)( l) to apply to all 

political contributions by spouses, not 

just contributions made to candidates. 

Although the Commission considered 

whether to delete this provision, it 

decided not to because it provides 

helpful guidance, and because deletion 

might create the misleading impression 

that both spouses would no longer enjoy 

separate contribution limits.

Similarly, 1110.1{i){2) has been 

revised to specifically permit minor 

children to contribute to political 

committees under certain conditions. 

Although the Notice of Proposed 

Rulemaking raised the question of 

revising tiie language regarding 

contributions made from the proceeds of 

a trust, that language is being retained 

because it has not presented problems 

to date.

Section 110.1(f) Application o f

lim itations to elections.

Paragraph 110.1(jJ(l) generally follows 

the current provision. A cross reference 

to the definition of “election” at 11 CFR

100.2 has been included in § HO.l(j)fl).

Paragraph HD.l(j)(2) generally follows 

the current provision in stating that an 

election in which a candidate is 

unopposed is considered to be a 

separate election.

Paragraph 110.1 (j}(3) has been revised 

to provide separate contribution limits 

for general elections that are not held 

because the candidate received a 

majority of votes in a previous election, 

and for general elections that are not 

held because the candidate is 

unopposed. This provision follows the 

current rule by providing a separate 

contribution limit for primaries that are 

not held because the candidate is 

unopposed. In all these situations, the 

date on which the election would have 

been held is considered to be the date of 

the election. These revisions are 

consistent with Commission policy to 

permit separate contribution limits in 

these situations. See AO 1984-54.

In the Notice of Proposed Rulemaking, 

the Commission raised the question of 

whether toe changes to |110.1(j)(3j 

necessitate any amendments to 11 CFR 

104.5(a) regarding the filing of pre- and 

post-election reports. The Commission 

has concluded that ouïrent § 104.5(a) 

adequately alerts candidates and their 

authorized committees to their 

obligation to file such reports. See A O

1986-21.

New 1110.1(j)(4) addresses toe 

situation in which a primary election is 

not held because the nominee was 

selected by a caucus or convention 

having authority to nominate under 

State law. In that situation, 1110.1(j)(4) 

provides that there is no separate 

contribution limit with respect to toe 

primary election. Hence, the candidate 

is required to refund or seek 

redesignation of primary contributions if 

the contributors have exhausted their 

contribution limits for toe caucus or 

convention. This new provision is 

consistent with the Commission’s 

decision in AG 1982-49.

Section llO .lfk ) Jo in t contributions

and reattribution.

New 5 llOilfk) governs contributions 

made by more than one person in a 

single written instrument. In drafting 

this provision, the Commission has 

included in the regulations for the first 

time specific regulatory language 

permitting after the fact reattributions o f 

contributions to other contributors. This
766 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

provision also sets forth requirements 

for making valid joint contributions.

Section 110.1(k)(l) continues the 

current requirement that joint 

contributions include the signature of 

each contributor on the check, money 

order, or other negotiable instrument, or 

in a separate writing. The Commission 

received two public comments objecting 

to the joint signature requirement on the 

grounds that it may be burdensome for 

recipient committees to obtain 

additional signatures. Although some 

additional effort may be required, the 

contribution cannot be considered to be 

made by more than one person unless 

there are two signatures. See AO 1980- 

67. The dual signature requirement 

provides evidence of donative intent on 

the part of each person whose name 

appears on an instrument drawn on a 

joint account. It also affords an 

opportunity for the contributors to 

indicate the proper attribution if equal 

attribution is not intended. Finally, the 

joint signature requirement reduces the 

opportunity for contributions to be made 

in the name of another, which is 

prohibited by 2 U.S.C. 441f. For these 

reasons, the Commission has decided to 

retain the joint signature requirement. 

However, § 110.1 (k)(l) provides an 

exception for joint contributions made 

by partnerships. The Commission has 

concluded that the signature of each 

contributing partner is not necessary 

because adequate evidencé of donative 

intent is provided by the attribution 

statement supplied by the partnership in 

accordance with 11 CFR 110.1(e).

New § 110.1(k)(2) incorporates and 

builds upon the provisions of current 

§ 104.8(d) regarding the attribution of 

contributions between joint 

contributors. The Commission decided 

that this provision is more logically 

included in § 110.1 than in the reporting 

sections in Part 104. New § 110.1(k){2) is 

intended to eliminate some of the 

questions raised by the apparent 

differences between § 104.8(d) and other 

regulations, such as 11 CFR 100.7(c). 

Under § 104.8(d), joint contributors aie 

required to indicate on the written 

instrument or in an accompanying 

writing the amount to be attributed to 

each contributor. This has presented 

some difficulties because joint 

contributors do not always provide 

attributions, and recipient committees 

are obliged to contact the contributors to 

obtain this information. E.g. AO 1980-67. 

Accordingly, the Commission requested 

public comments as to whether 

contributions should be attributed 

equally to each contributor in the 

absence of written attribution 

statements. The Notice of Proposed

Rulemaking discussed whether equal 

attribution should apply only to joint 

contributions from spouses, or whether 

it should apply to all joint contributions. 

No public comments addressed these 

questions.

The Commission has decided to adopt 

new § 110.1(k)(2), which states that all 

joint contributions shall be attributed 

equally to each contributor if the 

amount attributable to each is not 

indicated. Section 110.1(k)(2) also 

permits joint contributors to supply 

alternative attributions, if they wish to 

do so. A similar approach was adopted 

by the Commission in the Presidential 

matching funds regulations. See 11 CFR 

9034.2(c) (l)(i) (48 FR 5239; February 4, 

1983). The presumption of equal 

attribution acknowledges the legal 

status of the contributors as joint 

tenants in a joint account, each of whom 

may draw on all the funds in that 

account. Finally, the Commission has 

decided that the equal attribution 

presumption should not be restricted to 

joint contributions by spouses since the 

political committee receiving the 

contribution may not know whether or 

not the contributors are married.

New § 110.1 (k) (3) sets forth 

procedures enabling political ^

committees to request and obtain 

written reattributions of contributions to 

other contributors. The new provision 

permits reattribution if the original 

contribution, either by itself, or when 

added to other contributions from the 

same contributor, exceeds the 

contribution limitations for a particular 

election. A candidate’s authorized 

committee may also seek a reattribution 

if it receives a designated contribution 

after an election for which it has no 

remaining net debts. In that situation, 

the contribution could be accepted if it 

is first reattributed to another 

contributor and then redesignated for 

another election. However, the new 

reattribution provisions do not allow 

committees to seek reattribution if the 

original contribution is prohibited by 2 

U.S.C. 441b, 441c, 441e, or 441f.

The new reattribution procedures set 

forth in § 110.1(k)(3)(ii) establish a sixty 

day time period from the date the 

treasurer receives a contribution within 

which the treasurer must examine the 

contribution for compliance with the 

contribution limits, make a written 

request for reattribution if necessary 

and receive the written reattribution 

signed by all joint contributors. If the 

reattribution is not received within the 

sixty day period, or if a reattribution 

fails to meet these requirements, the 

contribution must be refunded. The 

Commission is requiring reattributions

to be in writing and to be signed by all 

joint contributors to ensure that each 

individual did, in fact, intend to 

contribute, and to avoid creating an 

opportunity for contributions to be made 

in the name of another. Written 

reattributions also provide the 

contributors with an opportunity to 

specify an alternative attribution if 

equal attribution is not intended, and 

promote accurate recordkeeping and 

reporting.

The Commission has chosen a sixty 

day time limit for the reattribution 

prodess, which is consistent with the 

sixty day deadline for obtaining 

redesignations. This enables political 

committees to coordinate their 

communications requesting reattribution 

and redesignation.

In the past, the Commission has 

imposed several restrictions on 

reattribution. See AO 1985-25. For 

example, the reattribution process has 

been limited to those situations in which 

the recipient political committee or its 

treasurer has a reasonable basis for 

concluding that the contributor is 

married and intended to make a joint 

contribution with his or her spouse.

Upon further consideration, the 

Commission has decided not to impose 

this restriction since it is often difficult 

for political committees to ascertain 

from the face of a negotiable instrument 

whether the account holders are 

married. The Commission also 

considered and rejected inclusion of 

language which would have prohibited 

reattributions if the total amount of the 

contribution exceeded the combined 

contribution limits for all contributors.

In this situation the non-exçessive 

portion of the contribution may be 

reattributed. The Commission also 

decided not to require each contributor 

to state that he or she has sufficient 

personal funds in the joint account to 

cover his or her portion of the joint 

contribution because each account 

holder enjoys the right to draw upon the I 

entire amount in the account.

Finally, the Commission has adopted I 

new regulations for reporting 

reattributions and maintaining adequate 1 

records of reattributed contributions.

New § 110.1(1) contains the 

recordkeeping provision and revised 

§ 104.8(d) addresses reporting.

Section 110.1(1) Supporting evidence.

Section 110.1(1) is new to the 

regulations. It provides treasurers of 

political committees with guidance in 

establishing that they have accurately 

reported all designations, redesignations I 

and reattributions they have received. 

Under current § 104.14(d), treasurers are 1
Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations 767

responsible for the accuracy of 

I committee reports filed with the FEC.

[ New § 110.1(1) requires political 

committees receiving designated 

contributions to retain a written copy of 

the contributor’s designation. If a 

recipient committee fails to comply, the 

contribution shall be treated as though it 

is undesignated. Similarly, the recipient 

committee is required to maintain copies 

of all written redesignations and 

reattributions. Failure to maintain these 

records will invalidate the redesignation 

or reattribution, and the original 

designation or attribution shall control.

. The Commission is requiring committees 

to maintain these records in order to 

demonstrate that illegal contributions 

have been cured through the 

redesignation or reattribution process.

New § 110.1(1) also provides that the 

political committee shall retain the 

envelope or a copy of the envelope 

whenever it wishes to rely on a 

postmark for evidence of when a 

contribution was made. Although 

political committees are not required to 

retain envelopes, it is advisable for them 

to do so if a contribution was mailed 

shortly before or on the date of the 

election. The postmark will enable them 

to establish that an undesignated 

contribution counts against the 

contributor’s limit for that election. It 

will also enable them to accept a 

contribution designated for that election 

without having to determine whether 

they had net debts for that election.

A cross-reference to the § 110.1(1) 

supporting evidence provision has been 

included in the recordkeeping provision 

located at 11 CFR 102.9.

Section 110.2 Contributions by

multicandidate political committees.

This section consolidates the 

provisions in current § 110.1 and § 110.2 

that implement the statutory limitations 

on contributions made by 

multicandidate political committees. 

This revision enables multicandidate 

committees to locate the provisions 

affecting them in a single section. 

Section 110.2 has also been reorganized 

to more closely parallel the format of 

§ 110.1. In addition, a new “Scope” 

paragraph (§ 110.2(a)) has been added t< 

clarify that § 110.2 applies to all politica 

contributions made by a multicandidate 

committee, as defined at 11 CFR 

100.5(e)(3). The scope paragraph 

replaces current § 110.2(b).

Undpr the reorganization, § 110.2(b)(l] 

restates the $5,000 statutory limitation 

on contributions by a multicandidate 

committee to a candidate and his or her 

authorized political committees 

currently located in § 110.2(a)(1). New 

paragraph 110.2(b)(2) has been added to

follow new § 110.1(b)(2) as to the 

definition of the phrase “with respect to 

any election”. New paragraph 110.2(b)(3) 

generally follows new § 110.1(b)(3) 

regarding the making and acceptance of 

post-election contributions to defray a 

candidate's outstanding debts. However, 

the explanation of how to calculate net 

debts outstanding has not been repeated 

in § 110.2 because multicandidate 

committees will not need to perform 

such calculations. Candidates and 

authorized committees should refer to 

§ 110.1(b)(3) for the pertinent guidelines 

on this. New § 110.2(b)(4), which follows 

new § 110.1(b)(4), has been added to 

illustrate the methods by which 

multicandidate committees can 

designate their contributions in writing 

for a particular election. Multicandidate 

committees contributing to candidates 

are encouraged, but not required, to 

designate their contributions in writing 

for particular elections. Written 

designations tend to promote 

consistency in reporting by the 

contributing committee and the recipient 

committee. Moreover, written 

designations ensure that the 

contributor’s intent is clearly conveyed 

to the recipient candidate or committee. 

New § 110.2(b)(5) generally follows new 

§ 110.1(b)(5) to explain the conditions 

under which a multicandidate 

committee’s contribution to a candidate 

may be redesignated for a different 

election, and the procedures for 

effectuating such a redesignation. New 

§ 110.2(b)(6) follows the provisions of 

new § 110.1(b)(6) regarding the 

determination of when a contribution is 

considered to be made 

Paragraph 110.2(c) implements the 

$15,000 per-year statutory limitation on 

contributions to the political committees 

established and maintained by a 

national political party, including the 

national committee, and the House and 

Senate campaign committees. This 

paragraph has not been significantly 

revised from current § 110.2(a)(2). 

However, a minor amendment was 

included to clarify that the national 

committee of a political party may 

receive contributions up to $15,000 per 

year even if it is also operating as the 

authorized committee of a Presidential 

candidate under 11 CFR 9002.1(c). This 

provision does not permit a 

multicandidate committee to contribute 

$15,000 to the Presidential candidate. 11 

CFR 102.12 requires a national 

committee designated as the authorized 

committee of a Presidential candidate to 

maintain separate accounts for its 

function as the principal campaign 

committee.

Paragraph 110.2(d), which follows 

current § 110.2(a)(3), sets forth the $5,000

per year statutory contribution limit for 

multicandidate committee contributions 

to any other political committee. It also 

provides that this limitation applies to 

contributions to political committees 

making independent expenditures.

Paragraph 110.2(e) follows § 110.2(c) 

of the present regulations by 

implementing the $17,500 limitation on 

contributions from the Republican and 

Democratic Senatorial campaign 

committees, and the national party 

committees to Senatorial candidates, in 

accordance with 2 U.S.C. 441a(h). The 

second sentence of this paragraph has 

been revised for clarity.

Revised § 110.2 incorporates 

paragraphs (f), (g) and (h) from current 

§ 110.1. These provisions have been 

specifically included in § 110.2 to clarify 

that they will continue to apply to 

multicandidate committees. Paragraph 

110.2(f) addresses multicandidate 

committee contributions to candidates 

for more than one federal office. Such 

contributions are permitted provided 

that the requirements of § 110.1(f)(1), (2) 

and (3) are satisfied. Paragraph 110.2(g) 

follows revised § 110.1(g) in exempting 

from the limitations of Part 110 any 

contribution made to retire debts from 

an election held before January 1,1975. 

Paragraph 110.2(h) follows § 110.1(h) in 

setting forth the conditions under which 

contributions to a candidate and his or 

her authorized committees must be 

aggregated with contributions to other 

political committees for the purposes of 

the contribution limitations of § 110.2. 

Paragraph 110.2(h) has been slightly 

revised to clarify that 110.2(h)(1) refers 

to recipient political committees.

Finally, revised § 110.2(i) explains 

which types of elections are considered 

to be separate elections for the purposes 

of the contribution limitations. Although 

this paragraph is largely based on 

current § 110.2(d), it contains several 

changes that are identical to the 

revisions found in amended § 110.1(j).

The Commission has omitted from 

§ 110.2 provisions corresponding to new 

§ 110.1 (k) and (1). A joint contribution/ 

reattribution provision was not included 

in § 110.2 because political committees 

do not make joint contributions and do 

not seek to reattribute their 

contributions to other political 

committees. The supporting evidence 

provision was not repeated in § 110.2 

because candidates and political 

committees can refer to § 110.1(1) for 

guidance on maintaining records of 

designations, redesignations and 

reattributions.
768 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

Conforming Amendments

In addition to the foregoing revisions 

to 11 CFR 110.1 and 110.2, several 

additional amendments have been made 

to other sections of the Commission’s 

regulations to bring those sections into 

conformity with the new language of 11 

CFR 110.1 and 110.2. The revisions are 

located in 11 CFR 100.7(c), 100.8(c),

102.9,103.3 and 104.8(d). The Notice of 

Proposed Rulemaking indicated that 

revisions to regulations other than 

§ § 110.1 and 110.2 might have to be 

made.

Section 100.7 Contribution.

Paragraph (c) of this section has been 

revised to state that contributions by an 

individual are not attributable to any 

other individual unless so specified by 

that other individual in accordance with 

§ 110.1(k). This amendment brings 

§ 100.7(c) into conformity with the joint 

contribution and reattribution 

provisions in new § llO.l(k).

Section 100M Expenditure.

Section 100.8(c) has been amended to 

provide that a payment made by an 

individual is not attributable to any 

other individual unless that other 

individual supplies the attribution. It 

also refers the reader to new § 110.1 (k) 

in the event that the payment qualifies 

as a contribution under 2 U.S.C. 431(8).

Section 102.9 Accounting for

contributions and expenditures.

Section 102.9(e) has been amended in 

three respects. First, the phrase “which 

contributions are designated by the 

candidate or his or her authorized 

committee(s)” has been changed to read 

“which contributions are designated m 

writing by the contributor.” This 

revision is intended to correct an 

inadvertent change in language which 

occurred when the original provision 

(§ 101.2(d)[1977]) was amended in 1980. 

The Explanation and Justification for the 

1980 revisions stated that § 102.9(e) 

followed former § 101.2(d). However, 

previous § 101.2(d) recognized the 

contributor’s right to designate 

contributions and did not grant the 

candidate the power to redesignate. 

Therefore, the Commission has decided 

to amend § 102.9(e) to clarify that 

contributions may be designated for 

particular elections only by contributors, 

and cannot be designated by the 

recipient candidates or their campaign 

committees. Consequently, the revision 

published today is intended to eliminate 

any confusion created by the apparent 

conflict between § 102.9(e) and § 110.1.

The second change in § 102.9(e) is 

relatively minor. In the last sentence of

the paragraph, “and” has been changed 

to “or”. This is designed to clarify that a 

committee would be following an 

acceptable accounting method for 

distinguishing between primary and 

general contributions if it maintains 

separate books or if it maintains 

separate accounts for each «lection.

Finally a new sentence has been 

added at the end of § 102.9(e) which 

provides that contributions made for a 

general election are to be either 

refunded to the contributors or 

redesignated or reattributed under 11 

CFR 110.1(b)(5), 110.1 (k) or 110.2(b)(5) in 

the event that the candidate is not a 

candidate in that general election. See

AO 1986-17. This revision brings 

§ 102.9(e) into conformity with the 

revised net debts outstanding provisions 

in 11 CFR 110.1(b)(3) and 110.2(b)(3).

New § 102.9(f) has been added to 

notify the reader that the treasurer has a 

duty under 11 CFR 110.1(1) to retain 

information supplied by contributors 

regarding designation, re designation and 

reattribution of contributions. Section 

110.1(1) also provides guidance as to 

when to retain evidence of the date on 

which a contribution is made. Failure to 

maintain the documentation required 

will invalidate the designation, 

redesignation, or reattribution. See 11 

CFR 110.1(1)(5).

Section 103.3 Deposits o f receipts and

disbursem ents.

The Commission has adopted a 

conforming amendment to paragraph (a) 

of this section. The revision clarifies that 

upon receipt of a contribution, the 

treasurer of a political committee has a 

choice of whether to return the 

contribution to the contributor or to 

deposit it in an account at a designated 

campaign depository. The time limit for 

depositing the contribution or returning 

it is ten days from the date on which the 

treasurer received it. Thus, revised 

§ 103.3(a) allows candidates who decide 

not to accept contributions from political 

action committees to return them 

without depositing them or reporting 

them. The amendment also permits the 

treasurer to choose whether to deposit 

or return contributions of questionable 

legality. If such contributions are 

deposited, the treasurer must comply 

with the procedures set forth in revised 

% 103.3(b). For the purposes of these 

regulations, contributions are “returned” 

when the negotiable instrument 

comprising the contribution is sent back 

to the contributor instead of being 

deposited. Contributions are “refunded” 

when the recipient committee sends the 

contributor a check for the amount of 

the contribution which had been 

previously deposited.

The Commission has revised 

§ 103.3(b) to clarify the procedures to be I 

followed when a political committee 

receives a contribution which requires I 

further information before it can be 

determined to be legal. The procedures I 

set forth in revised § 103.3(b) 

supplement the redesignation and 

reattribution procedures set forth in new I 

§ § 110.1(b)(5j, 110.1 (k) and 110.2(b)(5). 

These procedures will continue to be 

located in § 103.3(b), however, because I 

they apply to all impermissible 

contributions, not just to those that may ■ 

be redesignated or reattributed.

Although committee treasurers should I 

already be aware of these obligations, 

the Commission believes it is advisable I 

to include in the regulations a clear 

statement as to the treasurer’s 

responsibility. Revised § 103.3(b) 

explains that the treasurer of a political I 

committee is responsible for examining I 

all contributions received for any 

evidence of illegality, and is also 

responsible for aggregating all 

contributions from the same contributor I 

to ascertain whether they exceed the 

contribution limite. If a contribution 

from a political committee exceeds 

$1,000, the treasurer of the recipient 

committee will also need to ascertain 

whether the contributing committee is 

qualified as a multicandidate committee. |

Revised § 103.3(b) applies to three 

different categories of contributions. 

Section 103.3(b)(1) covers contributions ' 

made by entities which are or appear as I 

though they might be corporations, labor I 

organizations, Federal contractors or 

foreign nationals. Such contributions 

must be either deposited or returned 

within ten days. If deposited, the 

treasurer has thirty days from the date 

of receipt to make his or her best efforts 

to determine that they are legal and to 

make a refund if they cannot be 

determined to be legal. The treasurer 

will be deemed to have made best 

efforts only if he or she made at least 

one written or oral inquiry concerning 

the legality of the contribution. Evidence 

of legality includes a written 

explanation from the contributor, or an 

oral explanation which is noted by the 

treasurer in a subsequent memorandum. 

Redesignation and reattribution are not 

permitted for such contributions, since 

they cannot cure these violations.

Paragraph 103.3(b)(2) applies to 

contributions whose legality is not in 

question when received and deposited, 

but which are later discovered to be 

illegal. This provision applies, for 

example, to prohibited corporate 

contributions made in the namë of 

employees, and individual contributions 

made in the name of another, as well as
FederaTRegister / Vol. 52, No, 8 / Friday, January 9, 1987 / Rules and Regulations 769

contributions from foreign nationals or 

Federal contractors when there is no 

evidence of illegality on the face of the 

contributions themselves. The rule 

requires the amount of the contribution 

to be refunded to the contributor within 

thirty days after the discovery of the 

illegality. If the political committee does 

not have sufficient funds to make the 

refund, it is required to make the refund 

from the next funds it receives. This is 

consistent with the Commission’s 

approach in AO 1985-8.

Paragraph 103.3(b)(3) covers 

contributions which are excessive, 

either on their face or in the aggregate, 

and contributions that cannot be 

accepted under the net debts 

outstanding rule. The treasurer has the 

option to deposit them within ten days 

of receipt or to return them. If deposited, 

the treasurer has sixty days from the 

date of the treasurer’s receipt to obtain a 

redesignation or reattribution under 

§§ 110.1(b)(5), 110.1(k)(3) or 110.2(b)(5) 

to cure the illegality. If the redesignation 

or reattribution is not obtained, the 

Contribution must be refunded within 

the same sixty day time period.

New § 103.3(b)(4) prohibits the use of 

the funds while the legality of a 

contribution is in question. The political 

committee must either establish a 

separate account for such contributions 

or maintain sufficient funds as are 

needed to cover all potential refunds.

Paragraph 103.3(b)(5) revises the 

recordkeeping and reporting provisions 

in current § 103.3(b) (1) and (2). The 

treasurer is required to maintain a 

written record noting the basis for the 

appearance of illegality. The 

committee’s reports shall indicate the 

questionable nature of the contribution, 

as well as any refund it makes. The 

reporting requirements are explained in 

more detail in new 11 CFR 104.8(d), 

discussed below.

Section 104.8 Uniform reporting o f

contributions.

The Commission has adopted a 

conforming amendment to § 104.8(d). 

Currently, that provision explains how 

joint contributions are to be attributed 

to each contributor. The joint 

contribution provisions are being moved 

from current § 104.8(d) to new § 110.1(k). 

Since Part 104 contains reporting 

requirements, the Commission has 

drafted new § 104.8(d) to provide 

political committees with guidance as to 

how to report joint contributions, 

reattributions to other contributors, 

redesignations for different elections, 

and refunds to contributors. The new 

reporting provision is necessary to 

ensure adequate public disclosure of the 

circumstances surrounding the making

of the contribution, and to prevent the 

acceptance and use of illegal campaign 

contributions.

With regard to itemizable joint 

contributions, § 104.8(d)(1) provides that 

the amount to be attributed to each 

contributor shall be reported. Under 

§ 110.1 (k) (2), equal attribution will be 

presumed unless the contributors state 

otherwise. This provision does not alter 

the requirements concerning itemization 

of contributions. For example, if a 

committee receives a joint contribution 

for $300, which contains two signatures, 

it does not need to itemize the 

contribution, provided that $150 is 

attributed to each contributor, and they 

have made no previous contributions. If 

the $300 check represents two 

contributions of $250 and $50, the $250 

contribution must be itemized.

New § 104.8(d)(2) explains how to 

report contributions redesignated by the 

contributor for a different election. New 

§ 104.8(d)(3) governs the reporting of 

itemized contributions that are 

reattributed to a different contributor. 

Both redesignations and reattributions 

are to be reported by the recipient 

committee as memo entries on the report 

covering the reporting period in which 

they were received. To allow those 

reading the report to ascertain when the 

contribution was originally made, the 

memo entry will also indicate how the 

contribution was reported initially. In 

the situation where a political 

committee makes a contribution, and 

subsequently provides a redesignation, 

the contributing committee is also 

required to note the redesignation in the 

report covering the time period in which 

the redesignation was provided. This is 

to promote uniformity in reporting 

redesignations. Please note that the 

recipient candidate or committee must 

report reattributions and redesignations 

only if the original contribution was 

itemizable. Reporting ensures that the 

excessive portion of the original 

contribution has been properly 

remedied.

New § 104.8(d)(4) governs the 

reporting of contribution refunds. These 

are to be reported by the committee 

making the refund, but not as memo 

entries, since they will affect the 

committee’s total disbursements and 

cash on hand. A political committee 

receiving a contribution refund is also 

obligated to report the refund when it is 

received.

The Commission has considered 

whether committees should have the 

option to disclose refunds, reattributions 

and redesignations by amending the 

report(s) which originally listed the 

contributions. The Commission 

concludes that this approach would not

be advisable in light of the number of 

amendments which would have to be 

made, and because the amendments 

would not clearly reflect when the 

refund, redesignation or reattribution 

was made.

List of Subjects 

11 CFR Part 100

Campaign funds, Elections.

11 CFR Part 102

Campaign funds, Elections, Political 

committees and parties, Reporting and 

recordkeeping requirements.

11 CFR Part 103

Campaign funds, Elections, Political 

candidates, Political committees and 

parties, Reporting and recordkeeping 

requirements.

11 CFR Part 104

Campaign funds, Elections, Political 

committees and parties, Reporting and 

recordkeeping requirements.

11 CFR Part 110

Campaign funds, Elections, Political 

candidates, Political committees and 

parties, Reporting and recordkeeping 

requirements.

For the reasons set out in the 

preamble, Subchapter A, Chapter I of 

Title 11, Code o f Federal Regulations is

amended as follows:

PART 110—CONTRIBUTION AND

EXPENDITURE LIMITATIONS AND

PROHIBITIONS

1. The authority citation for Part 110 is 

revised to read as follows:

Authority: 2 U.S.C. 431(8), 431(9), 432(c)(2), 

437d(a)(8), 438(a)(8), 441a, 441b, 441d, 441e, 

441f, 441g, 441h and 441i.

2.11 CFR Part 110 is amended by 

revising § 110.1 to read as follows:

§ 110.1 Contributions by persons other

than multicandidate political committees (2

U.S.C. 441a(a)(1)).

(a) Scope, This section applies to all 

contributions made by any person as 

defined in 11 CFR 100.10, except 

multicandidate political committees as 

defined in 11 CFR 100.5(e)(3) or entities 

and individuals prohibited from making 

contributions under 11 CFR 110.4 and 11 

CFR Parts 114 and 115.

(b) Contributions to candidates;

designations; and redesignations.

(1) No person shall make 

contributions to any candidate, his or 

her authorized political committees or 

agents with respect to any election for 

Federal office which, in the aggregate, 

exceed $1,000.
770 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

(2) For purposes of this section, “with 

respect to any election” means—

(i) In the case of a contribution 

designated in writing by the contributor 

for a particular election, the election so 

designated. Contributors to candidates 

are encouraged to designate their 

contributions in writing for particular 

elections. See 11 CFR 110.1(b)(4).

(ii) In the case of a contribution not 

designated in writing by the contributor 

for a particular election, the next 

election for that Federal office after the 

contribution is made.

(3) (i) A contribution designated in 

writing for a particular election, but 

made after that election, shall be made 

only to the extent that the contribution 

does not exceed net debts outstanding 

from such election. To the extent that 

such contribution exceeds net debts 

outstanding, the candidate or the 

candidate’s authorized political 

committee shall return or deposit the 

contribution within ten days from the 

date of the treasurer’s receipt of the 

contribution as provided by 11 CFR 

103.3(a), and if deposited, then within 

sixty days from the date of the 

treasurer’s receipt the treasurer shall 

take the following action, as 

appropriate:

(A) Refund the contribution using a 

committee check or draft; or

(B) Obtain a written redesignation by 

the contributor for another election in 

accordance with 11 CFR 110.1(b)(5); or

(C) Obtain a written reattribution to 

another contributor in accordance with 

11 CFR 110.1 fk)(3).

If the candidate is not a candidate in 

the general election, all contributions 

made for the general election shall be 

either returned or refunded to the 

contributors or redesignated in 

accordance with 11 CFR 110.1(b)(5), or 

reattributed in accordance with 11 CFR 

110.1 (k) (3), as appropriate.

(ii) In order to determine whether 

there are net debts outstanding from a 

particular election, the treasurer of the 

candidate’s authorized political 

committee shall calculate net debts 

outstanding as of the date o f the 

election. For purposes of this section, 

"net debts outstanding” means the total 

amount of unpaid debts and obligations 

incurred with respect to an election, 

including the estimated cost of raising 

funds to liquidate debts incurred with 

respect to the election and, if the 

candidate’s authorized committee 

terminates or if the candidate will not be 

a candidate for the next election, 

estimated necessary costs associated 

with termination of political activity, 

such as the costs of complying with the 

post-election requirements of the Act 

and other necessary administrative

costs associated with winding down the 

campaign, including office space rental, 

staff salaries and office supplies, less 

the sum of:

(A) The total cash on hand available 

to pay those debts and obligations, 

including: currency; balances on deposit 

in banks, savings and loan institutions, 

and other depository institutions; 

traveler’s checks; certificates of deposit; 

treasury bills; and any other committee 

investments valued at fair market value; 

and

(B) The total amounts owed to the 

candidate or political committee in the 

form of credits, refunds of deposits, 

returns, or receivables, or a 

commercially reasonable amount based 

on the collectibility of those credits, 

refunds, returns, or receivables.

(iii) The amount of the net debts 

outstanding shall be adjusted as 

additional funds are received and 

expenditures are made. The candidate 

and his or her authorized political 

committee(s) may accept contributions 

made after the date of die election if 

such contributions are designated in 

writing by the contributor for that 

election and if such contributions do not 

exceed the adjusted amount of net debts 

outstanding on the date the contribution 

is received.

(iv) Ib is paragraph shall not be 

construed to prevent a candidate who is 

a candidate in the general election or his 

or her authorized political committee(s) 

from paying primary election debts and 

obligations with funds which represent 

contributions made with respect to the 

general election.

(4) For purposes of this section, a 

contribution shall be considered to be 

designated in writing for a particular 

election if—

(i) The contribution is made by check, 

money order, or other negotiable 

instrument which clearly indicates the 

particular election with respect to which 

the contribution is made;

(ii) The contribution is accompanied 

by a writing, signed by the contributor, 

which clearly indicates the particular 

election with respect to which the 

contribution is made; or

(iii) The contribution is redesignated 

in accordance with 11 CFR 110.1(b)(5).

(5) (i) The treasurer of unauthorized 

political committee may request a 

written redesignation of a contribution 

by the contributor for a different 

election if—

(A) The contribution was designated 

in writing for a particular election, and 

the contribution, either on its face or 

when aggregated with other 

contributions from the same contributor 

tor the same election, exceeds the

limitation on contributions set forth in 

11 CFR 110.1(b)(1);

.(B) The contribution was designated 

in writing for a particular election and 

the contribution was made after that 

election and the contribution cannot be 

accepted under the net debts 

outstanding provisions of 11 CFR 

110.1(b)(3);

(C) The contribution was not 

designated in writing for a particular 

election, and the contribution exceeds 

the limitation on contributions set forth 

in 11 CFR 110.1(b)(1); or

(D) The contribution was not 

designated in writing for a particular 

election, and the contribution was 

received after the date of an election for 

which there are net debts outstanding 

on the date the contribution is received.

(ii) A contribution shall be considered 

to be redesignated for another election 

if—

(A) The treasurer of the recipient 

authorized political committee requests 

that the contributor provide a written 

redesignation of “the contribution and 

informs the contributor that the 

contributor may request the refund of 

the contribution as an alternative to 

providing a written redesignation; and

(B) Within sixty days from the date of 

the treasurer’s receipt of the 

contribution, the contributor provides 

the treasurer with a written 

redesignation of the contribution .for 

another election, which is signed by the 

contributor.

(iii) A contribution redesignated for 

another election shall not exceed the 

limitations on contributions made with 

respect to that election. A contribution 

redesignated for a previous election 

shall b e subject to the requirements of 

11 CFR 110.1(b)(3) regarding net debts 

outstanding.

(6) For the purposes of this section, a 

contribution shall be considered to be 

made when the contributor relinquishes 

control over the contribution. A 

contributor shall be considered to 

relinquish control over the contribution 

when it is delivered by the contributor 

to the candidate, to the political 

committee, or to an agent of the political 

committee. A contribution that is mailed 

to the candidate, or to the political 

committee or to an agent of the political 

committee, shall be considered to be 

made on the date of the postmark. See

11 CFR 110.1(1)(4). An in-kind 

contribution shall be considered to be 

made on the date that the goods or 

services are provided by the contributor.

(c) Contributions to political party

committees. (1) No person shall make 

contributions to the political committees 

established and maintained fry a
771 Federal Register J Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

national political party in any calendar 

year, which, in the aggregate, exceed 

$20,000.

(2) For purposes of this section, 

"political committees established and 

maintained by a national political 

party” means—

(1) The national committee;

(ii) The House campaign committee; 

and

(iii) The Senate campaign committee.

(3) Each recipient committee referred 

to in 11 CFR 110.1(c)(2) may receive up 

to the $20,000 limitation from a 

contributor, but the limits of 11 CFR 

110.5 shall also apply to contributions 

made by an individual.

{4) The recipient committee shall not 

be an authorized political committee of 

any candidate, except as provided in 11 

CFR 9002.1(c).

(d) Contributions to other political

committees. (1) No person shall make 

contributions to any other political 

committee in any calendar year which, 

in the aggregate, exceed $5,000.

(2) The limitation on contributions of 

this paragraph also applies to 

contributions made to political 

committees making independent 

expenditures under 11 CFR Part 109.

(e) Contributions b y partnerships. A

contribution by a partnership shall be 

attributed to the partnership and to each 

partner—

(1) In direct proportion to his or her 

share of the partnership profits, 

according to instructions which shall be 

provided by the partnership to the 

political committee or candidate; or

(2) By agreement of the partners, as 

long as—

(i) Only the profits of the partners to 

whom the contribution is attributed are 

reduced (or losses increased), and

(ii) These partners’ profits are reduced 

(or losses increased) in proportion to the 

contribution attributed to each of them.

A contribution by a partnership shall

not exceed the limitations on 

contributions in 11 CFR 110.1 (b), (c), 

and (d). No portion of such contribution 

may be made from the profits of a 

corporation that is a partner.

(f) Contributions to candidates fo r

More than one Federal office. If an 

individual is a candidate for m ort? than 

°ne Federal office, a person may make 

contributions which do not exceed 

51,000 to the candidate, or his or her 

authorized political committees for each 

election for each office, as long as—

(1) Each contribution is designated in 

wnting by the contributor for a 

Particular office;

(2) The candidate maintains separate 

campaign organizations, including 

separate principal campaign committees 

ana separate accounts; and

(3) No principal campaign committee 

or other authorized political committee 

of that candidate for one election for 

one Federal office transfers funds to, 

loans funds to, makes contributions to, 

or makes expenditures on behalf of 

another principal campaign committee 

or other authorized political committee 

of that candidate for another election for 

another Federal office, except as 

provided in 11 CFR 110.3{a)(2)(iv).

(g) Contributions to retire pre-1975

debts. Contributions made to retire 

debts resulting from elections held prior 

to January 1,1975 are not subject to the 

limitations of 11 CFR Part 110, as long as 

contributions and solicitations to retire 

these debts are designated in writing 

and used for that purpose. Contributions 

made to retire debts resulting from 

elections held after December 31,1974 

are subject to the limitations of 11 CFR 

Part 110.

(h) Contributions to committees

supporting the same candidate. A 

person may contribute to a candidate or 

his or her authorized committee with 

respect to a particular election and also 

contribute to a political committee 

which has supported, or anticipates 

supporting, the same candidate in the 

same election, as long as—

(1) The political committee is not the 

candidate’s principal campaign 

committee or other authorized political 

committee or a single candidate 

committee;

(2) The contributor does not give with 

the knowledge that a substantial portion 

will be contributed to, or expended on 

behalf of, that candidate for the same 

election; and

(3) The contributor does not retain 

control over the fonds.

(i) Contributions b y spouses and

m inors. (1) The limitations on 

contributions of this section shall apply 

separately to contributions made by 

each spouse even if only one spouse has 

income.

(2) Minor children (children under 18 

years of age) may make contributions to 

any candidate or political committee 

which in the aggregate do not exceed 

the limitations on contributions of thi« 

section, if—

(i) The decision to contribute is made 

knowingly and voluntarily by the minor 

child;

(ii) The funds, goods, or services 

contributed are owned or controlled 

exclusively by the minor child, such as 

income earned by the child, the 

proceeds of a trust for which the child is 

the beneficiary, or a savings account 

opened and maintained exclusively in 

the child’s name; and

(iii) The contribution is not made from 

the proceeds of a gift, the purpose of

which was to provide funds to be 

contributed, or is not in any other way 

controlled by another individual.

(j) Application o f lim itations to

elections. (1) The limitations on 

contributions of this section shall apply 

separately with respect to each election 

as defined in 11 CFR 100.2, except that 

all elections held in a calendar year for 

the office of President of the United 

States (except a general election for that 

office) shall be considered to be one 

election.

(2) An election in which a candidate is 

unopposed is a separate election for die 

purposes of the limitations on 

contributions of this section.

(3) A primary or general election 

which is not held because a candidate is 

unopposed or received a majority of 

votes in a previous election is a separate 

election for the purposes of the 

limitations on contributions of this 

section. The date on which the election 

would have been held shall be 

considered to be the date of the election.

(4) A primary election which is not 

held because a candidate was 

nominated by a caucus or convention 

with authority to nominate is not a 

separate election for the purposes of the 

limitations on contributions of this 

section.

(k) Joint contributions and

reattributions. (1) Any contribution 

made by more than one person, except 

for a contribution made by a 

partnership, shall include the signature 

of each contributor on the check, money 

order, or other negotiable instrument or 

in a separate writing.

(2) If a contribution made by more 

than one person does not indicate the 

amount to be attributed to each 

contributor, the contribution shall be 

attributed equally to each contributor.

(3) (i) If a contribution to a candidate 

or political committee, either on its face 

or when aggregated with other 

contributions from the same contributor, 

exceeds the limitations on contributions 

set forth in 11 CFR 110.1 (b), (c) or (d), as 

appropriate, the treasurer of the 

recipient political committee may ask 

the contributor whether the contribution 

was intended to be a joint contribution 

by more than one person.

(ii) A contribution shall be considered 

to be reattributed to another contributor 

if—

(A) The treasurer of the recipient 

political committee asks the contributor 

whether the contribution is intended to 

be a joint contribution by more than one 

person, and informs the contributor that 

he or she may request the return of the 

excessive portion of the contribution if it
772 Federal Register / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

is not intended to be a joint 

contribution; and

(B) Within sixty days from the date of 

the treasurer’s receipt of the 

contribution, the contributors provide 

the treasurer with a written reattribution 

of the contribution, which is signed by 

each contributor, and which indicates 

the amount to be attributed to each 

contributor if equal attribution is not 

intended.

(1) Supporting evidence. (1) If a 

political committee receives a 

contribution designated in writing for a 

particular election, the treasurer shall 

retain a copy of the written designation, 

as required by 11 CFR 110.1(b)(4) or 

110.2(b)(4), as appropriate. If die written 

designation is made on a check or other 

written instrument, the treasurer shall 

retain a full-size photocopy of the check 

or written instrument.

(2) If a political committee receives a 

written redesignation of a contribution 

for a different election, the treasurer 

shall retain the written redesignation 

provided by the contributor, as required 

by 11 CFR 110.1(b)(5) or 110.2(b)(5), as 

appropriate.

(3) If a political committee receives a 

written reattribution of a contribution to 

a different contributor, the treasurer 

shall retain the written reattribution 

signed by each contributor, as required 

by 11 CFR 110.1(k).

(4) If a political committee chooses to 

rely on a postmark as evidence of the 

date on which a contribution was made, 

the treasurer shall retain the envelope or 

a copy of the envelope containing the 

postmark and other identifying 

information.

(5) If a political committee does not 

retain the written records concerning 

designation required under 11 CFR 

110.1(1)(1), the contribution shall not be 

considered to be designated in writing 

for a particular election, and the 

provisions of 11 CFR 110.1(b)(2)(ii) or 

110.2(b)(2)(ii) shall apply. If a political 

committee does not retain the written 

records concerning redesignation or 

reattribution required under 11 CFR 

110.1(1) (2) or (3), the redesignation or 

reattribution shall not be effective, and 

the original designation or attribution 

shall control.

3.11 CFR Part 110 is amended by 

revising § 110.2 to read as follows:

§ 110.2 Contributions by multicandidate

political committees (2 U.S.C. 441a(a)(2)).

(a) Scope. This section applies to all 

contributions made by any 

multicandidate political committee as 

defined in 11 CFR 100.5(e)(3).

(b) Contributions to candidates;

designations; and redesignations. (1) No 

multicandidate political committee shall

make contributions to any candidate, his 

or her authorized political committees or 

agents with respect to any election for 

Federal office which, in the aggregate, 

exceed $5,000.

(2) For purposes of this section, “with 

respect to any election” means—

(i) In the case of a contribution 

designated in writing by the contributor 

for a particular election, the election so 

designated. Multicandidate political 

committees making contributions to 

candidates are encouraged to designate 

their contributions in writing for 

particular elections. See 11 CFR 

110.2(b)(4).

(ii) In the case of a contribution not 

designated in writing by the contributor 

for a particular election, the next 

election for that Federal office after the 

contribution is made.

(3) (i) A contribution designated in 

writing for a particular election, but 

made after that election, shall be made 

only to the extent that the contribution 

does not exceed net debts outstanding 

from such election. To the extent that 

such contribution exceeds net debts 

outstanding, the candidate or the 

candidate’s authorized political 

committee shall return or deposit the 

contribution within ten days from the 

date of the treasurer’s receipt of the 

contribution as provided by 11 CFR 

103.3(a), and if deposited, then within 

sixty days from the date of the 

treasurer’s receipt the treasurer shall 

take the following action, as 

appropriate:

(A) Refund the contribution using a 

committee check or draft; or

(B) Obtain a written redesignation by 

the contributor for another election in 

accordance with 11 CFR 110.2(b)(5).

If the candidate is not a candidate in 

the general election, all contributions 

made for the general election shall be 

either returned or refunded to the 

contributors or redesignated in 

accordance with 11 CFR 110.2(b)(5).

(ii) The treasurer of the candidate’s 

authorized political committee shall 

calculate net debts outstanding in 

accordance with 11 CFR 110.1(b)(3)(ii). 

The amount of the net debts outstanding 

shall be adjusted as additional funds are 

received and expenditures are made.

The candidate and his or her authorized 

political committee(s) may accept 

contributions made after the date of the 

election if such contributions are 

designated in writing by the contributor 

for that election and if such 

contributions do not exceed the adjusted 

amount of net debts outstanding on the 

date the contribution is received.

(4) For purposes of this section, a 

contribution shall be considered to be

designated in writing for a particular 

election if—

(i) The contribution is made by check, 

money order, or other negotiable 

instrument which clearly indicates the 

particular election with respect to which 

the contribution is made;

(ii) The contribution is accompanied 

by a writing, signed by the contributor, 

which clearly indicates the particular 

election with respect to which the 

contribution is made; or

(iii) The contribution is redesignated 

in accordance with 11 CFR 110.2(b)(5). !

(5)(i) The treasurer of an authorized 

political committee may request a 

written redesignation of a contribution 

by the contributor for a different 

election if—

(A) The contribution was designated 

in writing for a particular election, and 

the contribution, either on its face or 

when aggregated with other 

contributions from the same contributor 

for the same election, exceeds the 

limitation on contributions set forth in 

11 CFR 110.2(b)(1);

(B) The contribution was designated 

in writing for a particular election and 

the contribution was made after that 

election and the contribution cannot be 

accepted under the net debts 

outstanding provisions of 11 CFR 

110.2(b)(3);

(C) The contribution was not 

designated in writing for a particular 

election, and the contribution exceeds 

the limitation on contributions set forth 

in 11 CFR 110.2(b)(1); or

(D) The contribution was not 

designated in writing for a particular 

election and the contribution was 

received after the date of an election for 

which there are net debts outstanding 

on the date the contribution is received.

(ii) A contribution shall be considered 

to be redesignated for another election 

if—

(A) The treasurer of the recipient 

authorized political committee requests 

that the contributor provide a written 

redesignation of the contribution and 

informs the contributor that the 

contributor may request the refund of 

the contribution as an alternative to 

providing a written redesignation; and

(B) Within sixty days from the date of 

the treasurer’s receipt of the 

contribution, the contributor provides 

the treasurer with a written 

redesignation of the contribution for 

another election, which is signed by the 

contributor.

(iii) A contribution redesignated for 

another election shall not exceed the 

limitations on contributions made with 

respect to that election. A contribution 

redesignated for a previous election
V°I- 773 52* No- 6 / Friday, January 9, 1987 / Rules and Regulations

shall be subject to the requirements of 

11 CFR 110.2(b)(3) regarding net debts 

outstanding.

(6) For the purposes of this section, a 

contribution shall be considered to be 

made when the contributor relinquishes 

control over the contribution. A 

contributor shall be considered to 

relinquish control over the contribution 

when it is delivered by the contributor 

to the candidate, to the political 

committee, or to an agent of the political 

committee. A contribution that is mailed 

to the candidate, or to the political 

committee or to an agent of the political 

committee, shall be considered to be 

made on the date of the postmark. See

11 CFR 110.1(1 ){4). An in-kind 

contribution shall be considered to be 

made on the date that the goods or 

services are provided by the contributor.

(c) Contributions to political party

committees. (1) No multicandidate 

political committee shall make 

contributions to the political committees 

established and maintained by a 

national political party in any calendar 

year which, in the aggregate, exceed 

$15,000.

(2) For purposes of this section, 

"political committees established and 

maintained by a national political 

party” means—

(i) The national committee;

(ii) The House campaign committee; 

and

(iii) The Senate campaign committee.

(3) Each recipient committee referred 

to in 11 CFR 110.2(c)(2) may receive up 

to the $15,000 limitation from a 

multicandidate political committee.

(4) The recipient committee shall not 

be an authorized political committee of 

any candidate, except as provided in 11 

CFR 9002.1(c).

(d) Contributions to other political

committees. (1) No multicandidate 

political committee shall make

contributions to any other political 

committee in any calendar year which, 

in the aggregate, exceed $5,000.

(2) The limitation on contributions of 

mis paragraph also applies to 

contributions made to political 

committees making independent 

expenditures under 11 CFR Part 109.

(e) Contributions by p olitical party

committees to Senatorial candidates.

Notwithstanding any other provision of 

the Act, or of these regulations, the 

Republican and Democratic Senatorial 

campaign committees, or the national 

committee of a political party, may 

tnake contributions of not more than a 

combined total of $17,500 to a candidate

tor nomination OT election to the Senate

unng the calendar year of the election 

or which he or she is a candidate. Any 

contribution made by such committee to

a Senatorial candidate under this 

paragraph in a year other than the 

calendar year in which the election is 

held shall be considered to be made 

during the calendar year in which the 

election is held.

(f) Contributions to candidates for

more than one Federal office. If an 

individual is a candidate for more than 

one Federal office, a multicandidate 

political committee may make 

contributions which do not exceed 

$5,000 to the candidate, or his or her 

authorized political committees for each 

election for each office, provided that 

the requirements set forth in 11 CFR 

110.1(f)(1), (2), and (3) are satisfied.

(g) Contributions to retire pre-1975

debts. Contributions made to retire 

debts resulting from elections held prior 

to January 1,1975 are not subject to the 

limitations of 11 CFR Part 110, as long as 

contributions and solicitations to retire 

these debts are designated in writing 

and used for that purpose. Contributions 

made to retire debts resulting from 

elections held after December 31,1974 

are subject to the limitations of 11 CFR 

Part 110.

(h) Contributions to committees

supporting the sam e candidate. A 

multicandidate political committee may 

contribute to a candidate or his or her 

authorized committee with respect to a 

particular election and also contribute to 

a political committee which has 

supported, or anticipates supporting, the 

same candidate in the same election, as 

long as—

(1) The recipient political committee is 

not the candidate’s principal campaign 

committee or other authorized political 

committee or a single candidate 

committee;

(2) The multicandidate political 

committee does not give with the 

knowledge that a substantial portion 

will be contributed to, or expended on 

behalf of, that candidate for the same 

election; and

(3) The multicandidate political 

committee does not retain control over 

the funds.

(i) Application o f lim itations to

elections. [1) H ie limitations on 

contributions of this section (other than 

paragraph (e) of this section) shall apply 

separately with respect to each election 

as defined in 11 CFR 100.2, except that 

all elections hëld in a calendar year for 

the office of President of the United 

States (except a general election for that 

office) shall be considered to be one 

election.

(2) An election in which a candidate is 

unopposed is a separate election for the 

purposes of the limitations on 

contributions of this section.

(3) A primary or general election 

which is not held because a candidate is 

unopposed or received a majority of 

votes in a previous election is a separate 

election for the purposes of the 

limitations on contributions of this 

section. The date on which the election 

would have been held shall be 

considered to be the date of the election.

(4) A primary election which is not 

held because a candidate was 

nominated by a caucus or convention 

with authority to nominate is not a 

separate election for the purposes of the 

limitations on contributions of this 

section.

PART 100—SCOPE AND DEFINITIONS

(2 U.S.C. 431)

4. The authority citation for Part 100 

continues to read as follows:

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

5.11 CFR Part 100 is amended by 

revising § 100.7(c) to read as follows:

§ 100.7 Contribution <2 U.S.C. 431(3)).

* * * . * *

(c) For purposes of 11 CFR 100.7(a) 

and (b), a contribution or payment made 

by an individual shall not be attributed 

to any other individual, unless otherwise 

specified by that other individual in 

accordance with 11 CFR 110.1(k).

6.11 CFR Part 100 is amended by 

revising § 100.8(c) to read as follows:

§ 100.8 Expenditure (2 U.S.C. 431(9)).

*****

(c) For purposes of 11 CFR 100.8(a) 

and (b), a payment made by an 

individual shall not be attributed to any 

other individual, unless otherwise 

specified by that other individual. To the 

extent that a payment made by an 

individual qualifies as a contribution, 

the provisions of 11 CFR 110.1(k) shall 

apply.

PART 102—REGISTRATION,

ORGANIZATION, AND

RECORDKEEPING BY POLITICAL

COMMITTEES (2 U.S.C. 433)

7. The authority citation for Part 102 

continues to Tead as follows:

Authority: 2 U.S.C. 432, 433, 438(a)(8), 441d.

8.11 CFR Part 102 is amended by 

revising § 102.9 introductory text and 

paragraph fe), and by adding paragraph 

(f) to read as follows:

§ 102.9 Accounting for contributions and

expenditures (2 U.S.C. 432(c)).

The treasurer of a political committee 

or an agent authorized by the treasurer 

to receive contributions and make 

expenditures shall fulfill all
774 Federal R egister / Vol. 52, No. 6 / Friday, January 9, 1987 / Rules and Regulations

recordkeeping duties as set forth at 11 

CFR 102.9(a) through (f):

* * * * *

(e) If the candidate, or his or her 

authorized committee(s), receives 

contributions prior to the date of the 

primary election* which contributions 

are designated in writing by the 

contributor for use in connection with 

the general election, such candidate or 

such committee(s) shall use an 

acceptable accounting method to 

distinguish between contributions 

received for the primary election and 

contributions received for the general 

election. Acceptable methods include, 

but are not limited to:

(1) The designation of separate 

accounts for each election, caucus or 

convention or

(2) The establishment of separate 

books and records for each election.

If a candidate is not a candidate in the 

general election, any contributions made 

for the general election shall be 

refunded to the contributors, 

redesignated in accordance with 11 CFR 

110.1(b)(5) or 110.2(b)(5), or reattributed 

in accordance with 11 CFR 110.1(k)(3), 

as appropriate.

(f) The treasurer shall maintain the 

documentation required by 11 CFR 

110.1(1), concerning designations, 

redesignations, reattributions and the 

dates of contributions. If the treasurer 

does not maintain this documentation,

11 CFR 110.1(1)(5) shall apply.

PART 103—CAMPAIGN

DEPOSITORIES (2 U.S.C. 432(h))

9. The authority citation for Part 103 

continues to read as follows:

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

10.11 CFR Part 103 is amended by 

revising § 103.3 to read as follows:

§103.3 Deposit of receipts and

disbursements (2 U.S.C. 432(h)(1)).

(a) All receipts by a political 

committee shall be deposited in 

account(s) established pursuant to 11 

CFR 103.2, except that any contribution 

may be, within 10 days of the treasurer’s 

receipt, returned to the contributor 

without being deposited. The treasurer 

of the committee shall be responsible for 

making such deposits. All deposits shall 

be made within 10 days of the 

treasurer’s receipt. A committee shall 

make all disbursements by check or 

similar drafts drawn on an account at its 

designated campaign depository, except 

for expenditures of $100 or less made 

from a petty cash fund maintained 

pursuant to 11 CFR 102.11. Funds may be 

transferred from the depository for 

investment purposes, but shall be

returned to the depository before such 

funds are used to make expenditures.

(b) The treasurer shall be responsible 

for examining all contributions received 

for evidence of illegality and for 

ascertaining whether contributions 

received, when aggregated with other 

contributions from the same contributor, 

exceed the contribution limitations of 11 

CFR 110.1 or 110.2.

(1) Contributions that present genuine 

questions as to whether they were made 

by corporations, labor organizations, 

foreign nationals, or Federal contractors 

may be, within ten days of the 

treasurer’s receipt, either deposited into 

a campaign depository under 11 CFR 

103.3(a) or returned to the contributor. If 

any such contribution is deposited, the 

treasurer shall make his or her best 

efforts to determine the legality of the 

contribution. The treasurer shall make 

at least one written or oral request for 

evidence of the legality of the 

contribution. Such evidence includes, 

but is not limited to, a written statement 

from the contributor explaining why the 

contribution is legal, or a written 

statement by the treasurer 

memorializing an oral communication 

explaining why the contribution is legal. 

If the contribution cannot be determined 

to be legal, the treasurer shall, within 

thirty days of the treasurer’s receipt of 

the contribution, refund the contribution 

to the contributor.

(2) If the treasurer in exercising his or 

her responsibilities under 11 CFR 

103.3(b) determined that at the time a 

contribution was received and 

deposited, it did not appear to be made 

by a corporation, labor organization, 

foreign national or Federal contractor, or 

made in the name of another, but later 

discovers that it is illegal based on new 

evidence not available to the political 

committee at the time of receipt and 

deposit, the treasurer shall refund the 

contribution to the contributor within 

thirty days of the date on which the 

illegality is discovered. If the political 

committee does not have sufficient 

funds to refund the contribution at the 

time the illegality is discovered, the 

political committee shall make the 

refund from the next funds it receives.

(3) Contributions which on their face 

exceed the contribution limitations set 

forth in 11 CFR 110.1 or 110.2, and 

contributions which do not appear to be 

excessive on their face, but which 

exceed the contribution limits set forth 

in 11 CFR 110.1 or 110.2 when 

aggregated with other contributions 

from the same contributor, and 

contributions which cannot be accepted 

under thé net debts outstanding 

provisions of 11 CFR 110.1(b)(3) and 

110.2(b)(3) may be either deposited into

a campaign depository under 11 CFR 

103.3(a) or returned to the contributor. Ifi 

any such contribution is deposited, the 

treasurer may request redesignation or ; 

reattribution of thé contribution by the 

contributor in accordance with 11 CFR 

110.1(b), 110.1 (k) or 110.2(b), as 

appropriate. If a redesignation or 

reattribution is not obtained, the 

treasurer shall, within sixty days of the 

treasurer’s receipt of the contribution, 

refund the contribution to the 

contributor.

(4) Any contribution which appears to 

be illegal under 11 CFR 103.3(b)(1) or (3),| 

and which is deposited into a campaign ; 

depository shall not be used for any 

disbursements by the political 

committee until the contribution has 

been determined to be legal. The 

political committee must either establish: 

a separate account in a campaign 

depository for such contributions or 

maintain sufficient funds to make all 

such refunds.

(5) If a contribution which appears to 

be illegal under 11 CFR 103.3(b)(1) or (3) 

is deposited in a campaign depository, | 

the treasurer shall make and retain a 

written record noting the basis for the 

appearance of illegality. A statement 

noting that the legality of the 

contribution is in question shall be 

included in the report noting the receipt 

of the contribution. If a contribution is 

refunded to the contributor because it 

cannot be determined to be legal, the 

treasurer shall note the refund on the 

report covering the reporting period in 

which the refund is made.

PART 104—REPORTS BY POLITICAL

COMMITTEES (2 U.S.C. 434)

11. The authority citation for Part 104 

is revised to read as follows:

Authority: 2 U.S.C. 431(1), 431(8), 431(9), 

432(i), 434, 438(a)(8), 438(b).

12.11 CFR Part 104 is amended by 

revising § 104.8(d) to read as follows:

§ 104.8 Uniform reporting of

contributions.

*****

(d) (1) If an itemized contribution is 

made by more than one person in a 

single written instrument, the treasurer 

shall report the amount to be attributed 

to each contributor.

(2) (i) If a contribution is redeàignated 

by a contributor, in accordance with 11 

CFR 110.1(b) or 110.2(b), the treasurer of 

the authorized political committee 

receiving the contribution shall report 

the redesignation in a memo entry on 

Schedule A of the report covering the 

reporting period in which the 

redesignation is received. The memo
775 Federal Register / Vol. 52, No, 6 / Friday, January 9, 1987 / Rules and Regulations

entry for each redesignated contribution 

shall be reported in the following 

manner—

(A) The first part of the memo entry 

shall disclose all of the information for 

the contribution as it was originally 

reported on Schedule A;

(B) The second part of the memo entry 

shall disclose all of the information for 

the contribution as it was redesignated 

by the contributor, including the election 

for which the contribution was 

redesignated and thé date on which the 

redesignation was received.

(ii) If a contribution from a political 

committee is redesignated by the 

contributing political committee in 

accordance with 11 CFR 110.1(b) or 

110.2(b), the treasurer of such political 

committee shall report the redesignation 

in a memo entry on Schedule B of the 

report covering the reporting period in 

which the redesignation is made. The 

memo entry for each redesignated 

contribution shall be reported in the 

following manner—

(A) The first part of the memo entry 

shall disclose all of the information for 

the contribution as it was originally 

reported on Schedule B;

(B) The second part of the memo entry 

shall disclose all of the information for 

the contribution as it was redesignated 

by the contributing political committee, 

including the election for which the 

contribution was redesignated and the 

date on which the redesignation was 

made.

(3) If an itemized contribution is 

reattributed by the contributor(s) in 

accordance with 11 CFR 110.1 (k), the 

treasurer shall report the reattribution in 

a memo entry on Schedule A of the 

report covering the reporting period in 

which the reattribution is received. The 

memo entry for each reattributed 

contribution shall be reported in the 

following manner—

(i) The first part of the memo entry 

shall disclose all of the information for 

the contribution as it was originally 

reported on Schedule A;

(ii) The second part of the memo entry 

shall disclose all of the information for 

the contribution as it was reattributed 

by the contributors, including the date 

on which the reattribution was received.

(4) If a contribution is refunded to the 

contributor, the treasurer of the political 

committee making the refund shall 

report the refund on Schedule B of the 

report covering the reporting period in 

which the refund is made, in accordance 

with 11 CFR 103.3(b)(5) and 104.3(b). If a 

contribution is refunded to a political 

committee, the treasurer of the political 

committee receiving the refund shall 

report the refund on Schedule A of the

report covering the reporting period in 

which the refund is received, in 

accordance with 11 CFR 104.3(a).

Dated: January 6,1987.

Scott E. Thomas,

Chairman, Federal Election Commission,

[FR Doc. 87-437 Filed 1-8-87; 8:45 am) 

BILLING CODE 6715-01-M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 86-ASO-26]

Alteration of Control Zone, Chamblee,

GA

a g e n c y : Federal Aviation 

Administration (FAA), DOT. 

a c t io n : Final rule.

Su m m a r y : This amendment reduces the 

size of the Chamblee, Georgia, control 

zone. An arrival extension located 

northeast of the DeKalb-Peachtree 

Airport was predicated on the Norcross 

VORTAC which has been 

decommissioned. The instrument 

approach procedure which necessitated 

the arrival extension was canceled 

concurrent with the decommissioning. 

Thus, the floor of controlled airspace in 

an area northeast of the airport may be 

raised from the surface to 700 feet above 

the surface. Additionally, the 

geographical coordinates of the airport 

have changed due to airport 

construction and the new coordinates 

will be reflected in the amended control 

zone description.

EFFECTIVE DATE: 0901 UTC, April 9,1987. 

FOR FURTHER INFORMATION CONTACT:

Donald Ross, Supervisor, Airspace 

Section, Airspace and Procedures 

Branch, Air Traffic Division, Federal 

Aviation Administration, P.O. Box 

20630, Atlanta, Georgia 30320; telephone: 

(404) 763-7646.

SUPPLEMENTARY INFORMATION:

History

On November 3,1986, the FAA 

proposed to amend Part 71 of the 

Federal Aviation Regulations (14 CFR 

Part 71) by reducing the size of the 

Chamblee, Georgia, control zone 

through elimination of an unneeded 

arrival extension. In addition, the 

geographical coordinates (longitude 

only) will be corrected as those 

presently listed are slightly in error (51 

FR 39866). Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. This amendment is the 

same as that proposed in the notice. 

Section 71.171 of Part 71 of the Federal 

Aviation Regulations was republished in 

FAA Handbook 7400.6B dated January 2, 

1986.

The Rule

This amendment to Part 71 of the 

Federal Aviation Regulations amends 

the Chamblee, Georgia, control zone by 

removing an unneeded arrival extension 

and correcting the geographical 

coordinates of the airport upon which 

the control zone is predicated.

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a "major 

rule” under Executive Order 12291; (2) is 

not a “significant rule” under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26,1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Aviation safety, Control zone.

Adoption of the Amendment

Accordingly, pursuant to the authority 

delegated to me, Part 71 of the Federal 

Aviation Regulations (14 CFR Part 71) is 

amended, as follows:

1. The authority citation for Part 71 

continues to read as follows:

Authority: 49 U.S.C. 1348(a), 1354(a), 1510; 

Executive Order 10854; 49 U.S.C. 106(g) 

(Revised Pub. L. 97-449, January 12,1983); 14 

CFR 11.69.

§71.171 [Amended]

2. Section 71.171 is amended as 

follows:

Chamblee, GA—[Amended]

By removing the words ". . . long. 

84°18'10*'W.); within 1.5 miles each side of 

Norcross VORTAC 242° radial extending 

from the 5 mile radius zone to 1 mile 

southwest of the VORTAC.” and replacing 

them with the words “. . . long.

84°18'08"W.)."