50502 Federal Register / Vol. 48, No. 213 / W ednesday, November 2, 1983 / Rules and Regulations

7/10 bushel carton, in that containers 

larger than such carton are considered 

unsuitable for this type of shipment. The 

other condition establishes minimum 

grade requirements for both grapefruit 

(U.S. No. 1), and oranges (a modified

U.S. Combination grade). This condition 

recognizes that such mixed fruit packs 

are a special type of shipment intended 

for a distinct market which demands 

high quality fruit. Grapefruit and 

oranges in such shipments would also 

be subject to the current minimum size 

assessments, and inspection and 

certification requirements. This action is 

intended to expand the market for 

Texas oranges and grapefruit.

It is found that it is impracticable and 

contrary to the public interest to give 

preliminary notice, engage in public 

rulemaking, and postpone the effective 

date of this interim rule until 30 days 

after publication in the Federal Register 

(5 U.S.C. 553) because of insufficient 

time between the date when information 

became available upon which this rule 

is based and the effective date 

necessary to effectuate the declared 

purposes of the Act. Interested persons 

were given an opportunity to submit 

information and views on this rule at an 

open meeting. Handlers have been 

apprised of this rule’s provisions and the 

effective time. The 1983-84 Texas 

orange and grapefruit shipping season 

has already begun, and handlers need to 

make use of this rule’s provisions as 

soon as possible. This rule relieves 

restrictions on the handling of oranges 

and grapefruit, and it provides 30-day 

comment period. A longer comment 

period would be contrary to the public 

interest, as any comments on the effect 

of the rule need be received within 30 

days, so that any necessary changes can 

be made promptly to enhance orderly 

marketing of Texas citrus. All comments 

received will be considered prior to 

finalization of this interim rule.

List of Subjects in 7 CFR Part 906

Marketing agreements and orders, 

Oranges, Grapefruit, Texas.

PART 906—[AMENDED]

Therefore, § 906.120(c) of Subpart— 

Rules and Regulations (§§ 906.120- 

906.151) is amended by adding a new 

paragraph (c)(4) and by revising current 

paragraph (e) to read as follows:

§ 906.120 Fruit exem pt'from regulations.

•k it ★ ★ ★

(c) * * *

(4) Oranges and grapefruit may be 

handled exempt from container and 

pack regulations issued pursuant to

§ 906.40(d), under the following 

conditions:

(i) Such oranges and/or grapefruit are 

mixed with other types of fruit;

(ii) Such oranges and/or grapefruit 

constitute at least 50 percent, by count, 

of the contents of any container, and 

any such container is not larger than a 

7/i o bushel carton; and

(iii) Such grapefruit grade at least U.S. 

No. 1, and such oranges grade at least 

U.S. Combination (with not less than 60 

percent, by count, of the oranges in any 

lot grading at least U.S. No. 1).

•k it h it it

(e) Terms. The term “bushel” means a 

unit of measure equivalent to 2,150.42 

cubic inches; the term “level full” means 

that the fruit is level with the top edge of 

the bottom section of the carton; the 

term “six-pack” means any container 

with a capacity of one-fourth of a 

bushel, the term “basket” means any 

container made of interwoven material;, 

the term “closed” means closed in 

accordance with good commercial 

practices; and terms relating to grade 

mean the same as in the U.S. Standards 

for Grades of Grapefruit (Texas and 

States other than Florida, California, 

and Arizona) (7 CFR 51.620-51.653), or in 

the U.S. Standards for Grades of 

Oranges (Texas and States other than 

Florida, California, and Arizona) (7 CFR 

51.680-51.714).

(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 

601-674)

Dated: October 28,1983.

Russell L. Hawes,

Acting Deputy Director, Fruit and Vegetable

Division, Agriculture Marketing Service.

|FR Doc. 83-29760 Filed 11-1-83; 8:45 am]

BILLING CODE 3410-02-M

FEDERAL ELECTION COMMISSION

11 CFR Part 114

[N o tice 1983-28]

Nonpartisan Communications by

Corporations and Labor Organizations

AGENCY: Federal Election Commission. 

ACTION: Final rule; Transmittal of 

Regulations to Congress.

SUMMARY: The Federal Election 

Commission regulations at 11 CFR 114.3 

and 114.4 governing contributions and 

expenditures by corporations and labor 

organizations for nonpartisan 

communications have been revised and 

transmitted to Congress pursuant to 2 

U.S.C. 438(d). The revisions were 

initiated in response to issues raised in 

several advisory opinions which the 

Commission has issued in this area.

The revisions clarify the classes of 

persons to whom nonpartisan 

communications may be made under 

each section and indicate the types of 

communications which are permissible. 

They also expand th« types of 

publications which may be distributed 

to the general public by corporations 

and labor organizations to include 

nonpartisan voting records and voter 

guides. Further information on the 

revised regulations is contained in the 

supplementary information which 

follows.

EFFECTIVE DATE: Further action, 

including the announcement of an 

effective date, will be taken by the 

Commission after these regulations have 

been before the Congress 30 legislative 

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

FOR FURTHER INFORMATION CONTACT:

Ms. Susan E. Propper, Assistant General 

Counsel, 1325 K Street, N.W., 

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

or (800) 824-9530.

SUPPLEMENTARY INFORMATION: The 

Commission has considered public 

comments received in response to its 

Advance Notice of Proposed 

Rulemaking (45 FR 56349; August 25,

1980) and Notice of Proposed 

Rulemaking (46 FR 44964; September 8,

1981) . The proposed regulations were 

first transmitted to Congress on March 

1,1983, (48 FR 9236; March 4,1983); but 

were withdrawn on April 21,1983, to 

seek further public comment (48 FR 

17566; April 22,1983). Following the 

close of the comment period on the 

Commission’s Second Notice of 

Proposed Rulemaking (48 FR 17567;

April 22,1983), the Commission held a 

second round of public hearings on 

August 9 and 10,1983.

The Commission notes that many 

commentors raised issues that cannot be 

resolved in the context of this 

rulemaking. For instance, concern was 

expressed over perceived differences 

between the Commission’s proposed 

rules and those of the Internal Revenue 

Service in this area. While efforts have 

been made to make the Commission’s 

rules consistent with those of the 1RS, 

any remaining differences result from 

the fact that the mandate and 

jurisdiction of each agency is different. 

See, 2 U.S.C. 438(f). Concern was also 

raised regarding the inclusion of 

corporations that are exempt from 

federal taxation under section 501 (c) (3) 

or (c) (4) of the Internal Revenue Code. 

However, the Act does not specifically 

exclude such nonprofit corporations 

from the broad prohibition against 

contributions and expenditures by 

corporations in connection with federal
jed eral Register / Vol. 48, No. 213 / W ednesday, November 2, 1983 / Rules and Regulations 50503

elections. As that statutory prohibition 

is the basis for these regulations, the 

Commission may not exempt nonprofit 

corporations from the scope of the 

regulations in the absence of a clear 

legislative intent to do so.

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. 

The following regulations were 

transmitted to Congress on October 27, 

1983.

Explanation end Justification of 11 CFR

114.3 and 114.4.

Section 114.3 Disbursements fo r

Communications in Connection with a

Federal Election to R estricted Class.

Section 114.3(a) G eneral.

Paragraph (a)(1) sets forth the basic 

rule of 2 U.S.C. 441b(b)(2)(A), which 

allows corporations and labor 

organizations to communicate with their 

restricted class on any subject. A 

corporation’s restricted class includes 

its stockholders, executive and 

administrative personnel and their 

families. The restricted class of labor 

organizations has been redefined in this 

paragraph to include the organizations’ 

executive and administrative personnel 

and their families, as well as members 

and their families. This inclusion is 

consistent with the legislative intent 

“that unions, insofar as they are 

employers, stand in the same shoes as 

corporations.” See, generally, H.R. Conf. 

Rep. No. 1057, 94th Cong., 2d Sess. 64 

(1976).

This paragraph also distinguishes 

between the communications that may 

be made to the restricted class and 

those that may be made to the general 

public as permitted under 11 CFR 114.4. 

Finally, language has been added to 

paragraph (a)(1) to make it clear that 

national banks and corporations 

organized pursuant to a Congressional 

enactment may not make contributions 

or expenditures for partisan 

communications to the general public in 

connection with any election, including 

State and local elections.

Paragraph (a)(2) clarifies the 

application of § 114.3 to incorporated 

membership organizations, incorporated 

trade associations, incorporated 

cooperatives, and corporations without 

capital stock. The restricted class of 

these organizations has been redefined 

o include families of members. This 

addition is consistent with the 

provisions defining the restricted classes 

of corporations and unions under 2

U.S.C. 44lb, both of which include 

families.

S ection 114.3 (b) R eporting Partisan

Com m unications.

This paragraph generally follows 

current § 114.3(bJ while clarifying which 

disbursements for communications to 

the restricted class must be reported.

S ection 114. 3(c) M eans o f M aking

Partisan Com m unications.

This paragraph generally follows 

current § 114.3(c), but explains that the 

kinds of communications listed in this 

subsection are examples of those for 

which disbursements must be reported 

under paragraph (b).

S ection 114.3(c)(1) Partisan

Publications.

Paragraph (c)(1) generally follows 

current § 114.3(c)(1). However, 

section (c)(l)(ii) has been revised to state 

that a corporation or labor organization 

may use brief quotations from speeches 

or other materials prepared by a 

candidate in expressing its own views 

under this section.

S ection 114.3(c)(2) P artisan C andidate

an d Party A ppearan ces.

Paragraph (c)(2) expands current 

§ 114.3(c)(2) by eliminating the 

requirements that a meeting at which a 

candidate or party representative 

appears to address members of the 

sponsor’s restricted class be one that is 

“regularly scheduled” and “primarily 

held for other purposes.” In addition, 

this paragraph now permits the presence 

of employees who are outside the 

restricted class, a limited number of 

invited guests and observers, and 

representatives of the news media at 

such meetings. At the Commission’s 

public hearing on these regulations the 

presence of such persons was described 

as a necessary element of such meetings 

and, therefore, the Commission was 

urged to provide an exception for them 

under this section. The Commission 

notes, however, that this provision is 

limited to those employees necessary to 

administer the meeting. Similarly, the 

presence of invited guests and observers 

is limited to speakers, recipients of 

awards, and other persons specially 

invited to attend such a meeting and is 

not intended to permit a sponsor to 

invite large numbers of persons outside 

the solicitable class, such as rank and 

file employees of a corporation, whose 

presence would otherwise bigger the 

rules governing nonpartisan 

appearances undeT § 114.4.

S ection 114.3(c)(3) P artisan Phone

Banks.

Paragraph (c)(3) generally follows 

current $ 114.3(c)(3).

Section 114.3(c)(4) Partisan

Registration and Get-Out-The-Vote

Drives.

Paragraph (c)(4) generally follows 

current § 114.3(c)(4).

S ection 114.4 E xpenditures fo r

Com m unications in C onnection with a

F ed eral E lection to the R estricted C lass

an d the G en eral Public.

Section 114.4(a) Nonpartisan

Communications by a Corporation or

Labor Organization to its R estricted

Class.

S ection 114.4(a)(1) G en eral

Paragraph (a)(l)(i) makes clear that 

corporations and labor organizations 

may make the nonpartisan 

communications permitted under this 

section just to their restricted class if 

they so choose. It also clarifies the 

distinction between this section and 

§ 114.3, which describes 

communications that may only be made 

to the restricted class. As in § 114.3, this 

section adds “executive and 

administrative personnel” to the 

restricted class of labor organizations.

Paragraph (a)(l)(ii) was added to 

clarify the application of this section to 

incorporated membership organizations, 

incorporated trade associations, 

incorporated cooperatives and 

corporations without capital stock. 

These organizations are treated as 

corporations for the purpose of making 

the communications to the general 

public permitted under § 114.4 (b) arid

(c). As in § 114.3, the restricted class of 

these organizations has been expanded 

to include families of members.

Section 114.4(a)(2) Nonpartisan

Candidate and Party A ppearances on

Corporate Prem ises or a t a M eeting, 

Convention or O ther Function.

This section generally follows current 

§ 114.4(b)(1) but has been revised to 

include meetings, conventions or other 

functions sponsored by the corporation, 

regardless of whether they are held on 

corporate premises. Also, the category 

of Presidential and Vice Presidential 

candidates that may request to appear 

at such meetings is more specifically 

defined under paragraph (a)(2)(ii) than 

in the current regulations to reduce the 

burden on sponsoring organizations that 

must provide a forum under this rule.

It should be noted that the operation 

of this subsection involves appearances 

in connection with a federal election.
50504 Federal Register / Vol. 48, No. 213 / W ednesday, Novem ber 2, 1983 / Rules and Regulations

Such appearances can be distinguished 

from those in which an incumbent, who 

may also be a “candidate” under the 

Act, is requested to appear in his or her 

capacity as an officeholder at a public 

meeting sponsored by a corporation or 

labor organization. If the discussion at 

the meeting is limited to issues of 

concern to the sponsoring organization 

or its industry and avoids any reference 

to campaign activity, the sponsor may 

finance the meeting without triggering 

the “same opportunity to appear” >- 

requirements of this paragraph. S ee e.g., 

Advisory Opinion 1980-22.

S ection 114.4(a)(3) N onpartisan

C andidate an d P arty A ppearan ces on

L abor O rganization P rem ises or at a

M eeting, Convention or O ther Function.

This section generally follows current 

§ 114.4(b)(2) and, like § 114.4(a)(2), has 

been expanded to include nonpartisan 

candidate and party appearances at 

meetings, conventions or other functions 

sponsored by the labor organization 

which are not held on its premises.

S ection 114.4(b) N onpartisan

C om m unications b y C orporations an d

L abor O rganizations to the G en eral

Public.

S ection 114.4(b)(1) G eneral.

This paragraph clarifies that the 

communications described in § 114.4(b) 

may be made to the general public. It 

also permits the sponsor of a 

communication made under this section 

to identify itself or include its logo on 

materials prepared and distributed 

under this section, consistent with the 

Commission’s decision in Advisory 

Opinion 1980-55.

S ection 114.4(b)(2) N onpartisan

R egistration an d Voting

Com m unications.

This paragraph has been added to 

incorporate the Commission’s decision ' 

in Advisory Opinion 1980-20 into the 

regulations. It broadens the class of 

persons to whom a nonpartisan 

registration or voting communication 

may be made to include members of the 

general public. Under current 

§ 114.4(c)(1), such communications are 

limited to employees of the corporation 

or labor organization.

Paragraph (b)(2)(i) contains three 

factors that the Commission may 

consider in determining whether a 

communication made under this section 

is nonpartisan. The first two factors 

generally follow current § 114.4(c)(l)(ii) 

but permit the list of candidates, if 

included, to name only those running for 

a particular seat or office rather than 

requiring the sponsor to print all the

candidates on the official ballot. The 

third factor generally follows current 

§ 114.4(c)(l)(i).

Paragraph (b)(2)(ii) expands the list of 

media through which a communication 

may be made under this section from 

that set forth in current § 114.4(c)(1).

S ection 114.4(b)(3) O fficial

R egistration an d Voting Inform ation.

This subsection generally follows the 

provisions of current § 114.4(c)(2). 

Paragraph (b)(3)(iii) has been included 

consistent with the Commission’s 

decision in Advisory Opinion 1980-55. 

That paragraph provides that a 

corporation or labor organization may 

donate funds to State or local election 

administrators to pay for the printing 

and distribution costs of official 

registration materials and voter 

information.

S ection 114.4(b)(4) Voting R ecords.

This paragraph permits corporations 

and labor organizations to prepare and 

distribute nonpartisan voting records 

which contain a factual recital of an 

incumbent’s or candidate’s vote on bills 

and other measures. Voting records that 

contain indices or scores of votes on 

specific issues would be permissible if 

they are based on an individual’s actual 

vote on a bill or other legislative 

measure. The preparation and 

distribution of such voting records under 

this subsection may not be for the 

purpose of influencing a Federal 

election.

S ection 114.4(b)(5) V oter G uides.

Under paragraph (b)(5)(i), 

corporations and labor organizations 

may prepare and distribute nonpartisan 

voter guides which describe a 

candidate’s position on campaign issues. 

Corporations and labor organizations 

may submit questions to candidates on 

one or more campaign issues and then 

print their responses. To ensure the 

nonpartisanship of such publications, 

this subsection lists six factors which 

the Commission may consider in 

determining whether a particular voter 

guide is nonpartisan. These factors are 

intended to be illustrative, not 

exhaustive, and are based in part upon 

factors articulated by the Internal 

Revenue Service in Revenue Rulings 78- 

248 and 80-282. The first factor in 

paragraph (b)(5)(i)(A) is whether the 

questionnaires are sent to all candidates 

running for a particular office. With 

regard to Presidential and Vice 

Presidential candidates however, only 

those candidates seeking a major party’s 

nomination or who are on the general 

election ballot in enough States to win a 

majority of the electoral votes need be

included. While permitting the 

sponsoring organization to impose 

restrictions on the length of the 

candidates’ responses, paragraph

(b)(5)(i)(B) requires that the sponsor 

reprint the candidates’ responses 

without change or additional comment.

If the candidates’ responses exceed the 

stated word limit, the sponsor may 

choose to print the responses either in 

their entirety or after deleting that part 

of each response which exceeds the 

word limit.

Furthermore, under paragraph

(b)(5)(i)(C), the Commission may 

consider whether the wording of the 

questions is slanted to suggest the 

sponsor’s viewpoint on any issue. The 

next factor, in paragraph (b)(5)(i)(D), 

concerns whether the voter guide 

expresses an editorial opinion or 

indicates support for or opposition to 

any candidate or political party. 

Paragraph (b)(5)(i)(*E) would permit the 

inclusion of biographical information on 

each candidate in the voter guide, such 

as schools attended, degrees earned, 

past employment and any office held. 

The sponsoring organization would also 

be allowed to limit the number of words 

on this information. Finally, paragraph

(b)(5)(i)(F) concerns whether the voter 

guide is distributed in the geographic 

area in which the sponsoring 

organization normally operates.

Paragraph (b)(5)(ii) follows current 

§ 114.4(c)(3). The reference to civic and 

nonprofit organizations in the current 

provisions of § 114.4(c)(3) has been 

changed to “nonprofit organization 

which is exempt from federal taxation 

under 26 U.S.C. 501(c) (3) or (4) and 

which does not support, endorse or 

oppose candidates or political parties." 

Publications obtained from such 

organizations need not comply with the 

guidelines set forth at paragraphs

(b)(5)(i) (A) through (F); however, they 

may not favor one candidate or political 

party over another.

S ection 114.(c) N onpartisan

R egistration an d G et-O ut-The-V ote

D rives.

S ection 114. (c)(1) R equirem ents fo r

Conducting N onpartisan D rives.

This paragraph generally follows 

current § 114.4(d). References to civic 

and nonprofit organizations in the 

current provisions of § 114.4(d) have 

been changed in the revised regulations 

to “nonprofit organization which is 

exempt from federal taxation under 26 

U.S.C. 501(c) (3) or (4) and which does 

not.support, endorse or oppose 

candidates or political parties.” In 

addition, this paragraph now permits co-
Federal Register / Vol. 48, No. 213 / W ednesday, Novem ber 2, 1983 / Rules and Regulations 50505

sponsorship by a State or local election 

agency. To meet the requirement that 

the drive be “conducted” by the taxexempt organization or election agency, 

one or more persons from such cosponsors must participate in the 

administration of the drive. This 

requirement does not preclude, however, 

the presence of corporate or labor 

organization personnel or members to 

assist in the activity. Paragraph (c)(l)(ii) 

allows corporations and labor 

organizations to set up a table or rack 

on their own premises for distributing 

official voting information without cosponsorship with a tax-exempt 

organization.

Section 114.4(c)(2) Donation o f Funds.

This paragraph incorporates the 

Commission’s decision in Advisory 

Opinion 1980-55 into the regulations by 

providing that corporations and labor 

organizations may donate funds to State 

or local election administrators and 

nonpartisan tax-exempt organizations to 

defray the costs of registration and 

voting drives conducted by such 

officials and organizations.

Section 114.4(c)(3) Use o f Personnel

and Facilities.

This paragraph generally follows the 

provisions of current § 114.4(d)(3).

Section 114.4(c)(4) When Cosponsorship Not Required.

This paragraph has been added to 

incorporate the Commission’s decision 

in Advisory Opinion 1980-45. Pursuant 

to this paragraph, a nonpartisan taxexempt organization may conduct 

registration and voting drives without 

the need for a co-sponsor.

Section 114.4(c)(5) Identification o f

Drive Sponsors.

This paragraph requires that any 

materials produced for use in connection 

with a registration or get-out-the-vote 

drive aimed at the general public 

contain the names of all the sponsors of 

the drive.

Section 114.4(d) Incorporated

Membership Organizations,

Incorporated Trade A ssociations,

Incorporated Cooperatives and

Corporations Without Capital Stock.

This paragraph permits corporations 

without capital stock, and incorporated 

membership organizations, trade 

associations and cooperatives to invite 

candidates, their representatives or the 

representatives of political parties to 

address the members or employees of 

the organization subject to the 

requirements of § 114.4(a)(2).

Conforming Amendments

Several conforming amendments have 

been made to other sections of Part 114. 

These amendments reflect the addition 

of a labor organization’s executive and 

administrative personnel and the 

families of members of a membership 

organization to the restricted class of 

each type of organization.

List of Subjects in 11CFR Part 114

Business and industry, Elections, 

Labor.

11 CFR Part 114 is amended as 

follows:

1. By revising §§ 114.3 and 114.4 

paragraphs (a)-(d) as follows:

§ 114.3 Disbursements for

communications in connection with a

Federal election to restricted class.

(a) General. (1) A corporation may 

make communications including 

partisan communications to its 

stockholders and executive or 

administrative personnel and their 

families on any subject. A labor 

organization may make communications 

including partisan communications to its 

members and executive or 

administrative personnel and their 

families on any subject. Corporations 

and labor organizations may also make 

the nonpartisan communications 

permitted under 11 CFR 114.4 to their 

restricted class or any part of that class. 

No corporation or labor organization 

may make contributions or expenditures 

for partisan communications to the 

general public in connection with a 

federal election and no national bank or 

corporation organized by authority of 

any law of Congress may make 

contributions or expenditures for 

partisan communications to the general 

public in connection with any election to 

any political office including any State 

or local office.

(2) An incorporated membership 

organization, incorporated trade 

association, incorporated cooperative or 

corporation without capital stock may 

communicate with its members and 

executive or administrative personnel, 

and their families, as permitted in 11 

CFR 114.3 (a)(1) and (cj, and shall report 

disbursements for partisan 

communications to the extent required 

by 11 CFR 100.8(b)(4) and 104.6.

(b) Reporting Partisan

Communications. Disbursements for 

partisan communications made by a 

corporation to its stockholders and 

executive or administrative personnel 

and their families or by a labor 

organization to its members and 

executive or administrative personnel 

and their families shall be reported to

the extent required by 11 CFR 100.8(b)(4) 

and 104.6.

(c) M eans o f M aking Partisan

Communications. The means of making 

partisan communications for which 

disbursements must be reported under 

11 CFR 114.3(b) include, but are not 

limited to, the examples set forth in 11 

CFR 114.3(c) (1) through (4).

(1) Partisan Publications. Printed 

material of a partisan nature may be 

distributed by a corporation to its 

stockholders and executive or 

administrative personnel and their 

families or by a labor organization to its 

members and executive or 

administrative personnel and their 

families, provided that:

(1) The material is produced at the 

expense of the corporation or labor 

organization; and

(ii) The material constitutes a 

communication of the views of the 

corporation or the labor organization, 

and is not the republication or 

reproduction in whole or in part, of any 

broadcast, transcript or tape or any 

written, graphic, or other form of 

campaign materials prepared by the 

candidate, his or her campaign 

committees, or their authorized agents.

A corporation or labor organization 

may, under this section, use brief 

quotations from speeches or other 

materials of a candidate that 

demonstrate the candidate’s position as 

part of the corporation’s or labor 

organization’s expression of its own 

views.

(2) Partisan Candidate and Party

A ppearances. A corporation may allow 

a candidate or party representative to 

address its stockholders and executive 

or administrative personnel, and their 

families, at a meeting, convention or 

other function of the corporation. A 

labor organization may allow a 

candidate or party representative to 

address its members and executive or 

administrative personnel, and their 

families, at a meeting, convention or 

other function of the labor organization. 

Employees outside the restricted class of 

the corporation or labor organization 

who are necessary to administer the 

meeting, limited invited guests and 

observers, and representatives of the 

news media may also be present during 

a candidate or party representative 

appearance under this section. The 

candidate or party representative may 

ask for contributions to his or her 

campaign or party, or ask that 

contributions to the separate segregated 

fund of the corporation or labor 

organization be designated for his or her 

campaign or party. The incidental 

solicitation of persons outside the
50506 Federal Register / Vol. 48, No. 213 / W ednesday, November 2, 1983 / Rules and Regulations

corporation’s or labor organization’s 

restricted class who may be present at 

the meeting as permitted by this section 

will not be a violation of 11 CFR 

114.5(g).

(3) Partisan Phone Banks. A 

corporation may establish and operate 

phone banks to communicate with its 

stockholders and executive or 

administrative personnel, and their 

families, urging them to register and/or 

vote for a particular candidate or 

candidates, and a labor organization 

may establish and operate phone banks 

to communicate with its members and 

executive or administrative personnel, 

and their families, urging them to 

register and/or vote for a particular 

candidate or candidates.

(4) Partisan Registration and GetOut-The-Vote Drives. A corporation 

may conduct registration and get-outthe-vote drives aimed at its stockholders 

and executive or administrative 

personnel, and their families, or a labor 

organization may conduct registration 

and get-out-the-vote drives aimed at its 

members and executive or 

administrative personnel, and their 

families. Registration and get-out-thevote drives include providing 

transportation to the polls. Such drives 

may be partisan in that individuals may 

be urged to register with a particular 

party or to vote for a particular 

candidate or candidates, but assistance 

in registering or voting may not be 

withheld or refused on a partisan basis, 

and if transportation or other services 

are offered in connection with a 

registration or get-out-the-vote drive, 

such transportation or services may not 

be withheld or refused on a partisan 

basis.

§ 114.4 Expenditures for Communications

in Connection with a Federal Election to the

Restricted Class and the General Public.

(a) Nonpartisan Communications by a

Corporation or Labor Organization to its

Em ployees or its R estricted Class. (1) 

General, (i) A corporation may make the 

nonpartisan communications permitted 

under 11 CFR 114.4 (b) and (c) to its 

stockholders, executive or 

administrative personnel, other 

employees, and their families. A labor 

organization may make such 

communications to its members, 

executive or administrative personnel, 

other employees, and their families. 

Communications which a corporation or 

labor organization may make only to its 

solicitable class are found at 11 CFR 

114.3.

(ii) An incorporated membership 

organization, incorporated trade 

association, incorporated cooperative or 

corporation without capital stock may

make the communications permitted 

under 11 CFR 114.4 (b) and (c) to its 

members, executive or administrative 

personnel, other employees, and their 

families, as provided by 11 CFR 114.4(d). 

The organizations covered under this 

section will be treated as corporations 

for the purpose of making 

communications to the general public 

under 11 CFR 114.4 (b) and (c).

(2) Nonpartisan Candidate and Party

A ppearances on Corporate Prem ises or

at a Meeting, Convention or Other

Function. Corporations may permit 

candidates, candidates’ representatives 

or representatives of political parties on 

corporate premises or at a meeting, 

convention, or other function of the 

corporation to address or meet 

stockholders, executive or 

administrative personnel, and other 

employees of the corporation, and their 

families, under the conditions set forth 

in 11 CFR 114.4(a)(2) (i) through (v).

(i) If a candidate for the House or 

Senate or a candidate’s representative is 

permitted to address or meet employees, 

all candidates for that seat who request 

to appear must be given the same 

opportunity to appear;

(ii) If a Presidential or Vice 

Presidential candidate or candidate’s 

representative is permitted to address or 

meet employees, all candidates for that 

office who are seeking the nomination of 

a major party or who are on the general 

election ballot in enough States to win a 

majority of the electoral votes and who 

request to appear must be given the 

same opportunity to appear;

(iii) If representatives of a political 

party are permitted to address or meet 

employees, representatives of all 

political parties which had a candidate 

or candidates on the ballot in the last 

general election or which are actively 

engaged in placing or will have a 

candidate or candidates on the ballot in 

the next general election and who 

request to appear must be given the 

same opportunity to appear;

(iv) A corporation, its stockholders, 

executive or administrative personnel, 

or other employees of the corporation or 

its separate segregated fund shall make 

no effort, either oral or written, to solicit 

or direct or control contributions by 

members of the audience to any 

candidate or party in conjunction with 

any appearance by any candidate or 

party representative under this section; 

and

(v) A corporation its stockholders, 

executive or administrative personnel or 

other employees of the corporation or its 

separate segregated fund shall not, in 

conjunction with any candidate or party 

representative appearance under this 

section, endorse, support or oppose any

candidate, group of candidates or 

political party.

(3} Nonpartisan Candidate and Party

A ppearances on Labor Organization

Prem ises or at a M eeting, Convention or

Other Function. A labor organization 

may permit candidates, candidates’ 

representatives or representatives of 

political parties on the labor 

organization’s premises or at a meeting, 

convention, or other function of the 

labor organization to address or meet 

members, executive or administrative 

personnel, and other employees of the 

labor organization, and their families, if 

the conditions set forth in 11 CFR 114.4 

(a)(2) (i) through (iii) and 11 CFR 

114.4(a)(3) (i) and (ii) are met.

(1) An official, member, or employee of 

a labor organization or its separate 

segregated fund shall not make any 

effort, either oral or written, to solicit or 

direct or control contributions by 

members of the audience to any 

candidate or party representative under 

this section.

(ii) An official, member, or employee 

of a labor Organization or its separate 

segregated fund shall not, in conjunction 

with any candidate or party 

representative appearance under this 

section, endorse, support or oppose any 

candidate, group of candidates or 

political party.

(b) Nonpartisan Communications by

Corporations and Labor Organizations

to the G eneral Public. (1) General. A 

corporation or labor organization may 

make the communications described in , 

11 CFR 114.4(b) (2) through (5) to the 

general public. The corporation or labor 

organization may include its logo or 

otherwise identify itself as the sponsor 

of the communication.

(2) Nonpartisan Registration and

Voting Communications. A corporation 

or labor organization may make 

nonpartisan registration and get-out-thevote communications to the general 

public.

(i) For purposes of 11 CFR 114.4(b)(2), 

the following are factors that the 

Commission may consider in 

determining whether a registration or 

get-out-the-vote communication is 

nonpartisan:

(A) It neither names nor depicts any 

particular Candidate(s) or it names or 

depicts all candidates for a particular 

Federal office without favoring any 

candidate(s) over any other(s);

(B) It names no political party(s) 

except that it may include the political 

party affiliation of all candidates named 

or depicted under 11 CFR 

114.4(b)(2)(i)(A);

(C) It is limited to urging acts such as 

voting and registering and to describing
FederaH tegstef / Vol. 48, No. 213 / W ednesday, November 2, 1983 / Rules and Regulations 50507

the hours and places of registration and 

voting.

(ii) A corporation or labor 

organization may make communications 

permitted under this section through 

posters, billboards, broadcasting media, 

newspapers, newsletters, brochures, or 

similar means of communication with 

the general public.

(3) O fficial Registration and Voting

Information, (i) A corporation or labor 

organization may distribute to the 

general public, or reprint in whole and 

distribute to the general public, any 

registration or voting information, such 

as instructional materials, which has 

been produced by ‘the official election 

administrators.

(ii) A corporation or labor 

organization may distribute official 

registration-by-mail forms to the general 

public if registration by mail is 

permitted by the applicable State law.

(iii) A corporation or labor 

organization may donate funds to State 

or local agencies responsible for the 

administration of elections to help 

defray the costs of printing or 

distributing registration or voting 

information and forms.

(iv) the information and forms

referred to in 11 CFR 114.4(b) (3) (i) 

through (iii) must be distributed in a 

nonpartisan manner, and the 

corporation or labor organization may 

not, in connection with the distribution, 

endorse, support, or otherwise promote 

registration with or voting for a 

particular party or candidate.

(4) Voting Records. A corporation or 

labor organization may prepare and 

distribute to the general public the 

voting records of Members of Congress 

as long as the preparation and 

distribution is not for the purpose of 

influencing a Federal election.

(5) Voter Guides.

(i) A corporation or labor organization 

may prepare and distribute to the 

general public nonpartisan voter guides 

consisting of questions posed to 

candidates concerning their positions on 

campaign issues and the candidates’ 

responses to those questions. The 

following are factors that the 

Commission may consider in 

determining whether a voter guide is 

nonpartisan:

(A) the questions are directed to all of 

the candidates for a particular seat or 

office, giving the candidates equal time 

to respond, except that in the case of 

Presidential and Vice Presidential 

candidates the questions may be 

directed only to those candidates 

seeking the nomination of a major party 

'or to those appearing on the general 

election ballot in enough States to win a 

majority of the electoral votes;

(B) The voters guide reprints verbatim 

the responses of each candidate to 

whom questions were sent, without any 

additional comment, editing, or 

emphasis, although the sponsoring 

organization may impose limitations on 

the number of words per response when 

the questions are initially sent to the 

candidates for their comments;

(C) The wording of the questions 

presented does not suggest or favor any 

position on the issues covered;

(D) The voter guide expresses no 

editorial opinion concerning the issues 

presented nor does it indicate any 

support for or opposition to any 

candidate or political party;

(E) The sponsor may ask each 

candidate to provide biographical 

information such as education, 

employment positions, offices held, and 

community involvement and may 

impose a limitation on the number of 

words per submission;

(F) The voter guide is made available 

to the general public in the geographic 

area in which the sponsoring 

organization normally operates.

(ii) A corporation or labor 

organization may distribute voter guides 

or other types of brochures describing 

the candidates or their positions which 

are obtained from a nonprofit 

organization which is exempt from 

Federal taxation under 26 U.S.C. 501(c)

(3) or (4) and which does not support, 

endorse or oppose candidates or 

political parties. Publications obtained 

from such nonprofit organizations need 

not comply with the guidelines set forth 

at 11 CFR 114.4(b)(5)(i), but they may 

not favor one candidate or political party 

over another.

(c) Nonpartisan Registration and GetOut-The-Vote Drives. (1) Requirem ents

fo r Conducting Nonpartisan Drives, (i)

A corporation or labor organization may 

support nonpartisan voter registration 

drives which are not limited to its 

restricted class if the conditions in 

paragraph (c)(l)(i) (A) through (C) of this 

section are met. A corporation or labor 

organization may support nonpartisan 

get-out-the-vote drives, such as by 

transporting people to the polls, which 

drives are not limited to its restricted 

class if the conditions of paragraph

(c)(l)(i) (A) through (C) of this section 

are met.

(A) The corporation or labor 

organization shall jointly sponsor the 

drives with a nonprofit organization 

which is exempt from federal taxation 

under 26 U.S.C. 501(c) (3) or (4) and 

which does not support, endorse or 

oppose candidates or political parties, or 

with a State or local agency which is 

responsible for the administration of 

elections; and

(B) The activities shall be conducted 

by the tax-exempt organization or by 

person authorized by a State or local 

agency; and

(C) These services shall be made 

available without regard to the voter’s 

political preference.

(ii) For the purposes of 11 CFR 

114.4(c)(l)(i)(B), a corporation or labor 

organization which provides space on 

the corporation’s or labor organization’s 

premises for a table, rack or booth from 

which official registration or voting 

information is distributed to the general 

public, and which provides its 

employees or members to aid in the 

distribution of such materials, shall not 

be considered to be "conducting” a 

registration or voting drive.

(2) Donation o f Funds. A corporation 

or labor organization may donate funds 

to be used for nonpartisan registration 

drives to State or local agencies 

responsible for the administration of 

elections and to nonprofit organizations 

which are exempt from federal taxation 

under 26 U.S.C. 501(c) (3) or (4) and 

which do not support, endorse or oppose 

candidates or political parties.

(3) Use o f Personnel and Facilities. A

nonpartisan tax-exempt organization, or 

by persons authorized by the State or 

local agency, in conducting nonpartisan 

registration and get-out-the-vote 

activities, may utilize the employees and 

facilities of a corporation or the 

employees or members and facilities of 

a labor organization.

(4) When Co-Sponsorship Not

Required. A nonprofit organization , 

which is exempt from federal taxation 

under 26 U.S.C. 501(c) (3) or (4) and 

which does not support, endorse or 

oppose any candidates or political 

parties may conduct nonpartisan voter 

registration and get-out-the-vote 

activities on its own without a 

cosponsor.

(5) Identification o f Drive Sponsors.

All materials prepared for distribution to 

the general public in connection with the 

registration or voting drive shall include 

the full names of all drive sponsors.

(d) Incorporated M em bership

Organizations, Incorporated Trade

A ssociations, Incorporated

Cooperatives and Corporations without

Capital Stock. An incorporated 

membership organization, incorporated 

trade association, incorporated 

cooperative or corporation without 

capital stock may permit candidates, 

candidates’ representatives or 

representatives of political parties to 

address or meet members and 

employees of the organization, and their 

families, on the organization’s premises 

or at a meeting, convention or other
50508 Federal Register / Vol. 48, No. 213 / W ednesday, November 2, 1983 / Rules and Regulations

function of the organization, provided 

that the conditions set forth in 11 CFR 

114.4(a)(2) (i) through (v) are met.

(e) N onpartisan C andidate D ebates.

* * * * *

Conforming Amendments

2. By Revising § 114.1(a)(2)fi), (a)(2)(ii), 

the introductory text of (c), and (c)(2)(iv) 

to read as follows:

§114.1 Definitions.

(a) * * *

(2) * * *

(1) Communications by a corporation 

to its stockholders and executive or 

administrative personnel and their 

families or by a labor organization to its 

members and executive or 

administrative personnel, and their 

families, on any subject;

(ii) Nonpartisan registration and getout-the-vote campaigns by a corporation 

aimed at its stockholders and executive 

or administrative personnel and their 

families or by a labor organization 

aimed at Us members and executive or 

administrative personnel, and their 

families;

* * * *. ★

(b ) . * *

(c) “Executive or administrative 

personnel” means individuals employed 

by a corporation or labor organization 

who are paid on a salary rather than 

hourly basis and who have 

policymaking, managerial, professional, 

ór supervisory responsibilities.

(1 ) * * *

(2) * * *

(iv) Individuals who may be paid by 

the corporation or labor organization, 

such as consultants, but who are not 

employees, within the meaning of 26 

CFR 31.3401(c)-l, of the corporation or 

labor organization for the purpose of 

income withholding tax on employee 

wages under Internal Revenue Code of 

1954, section 3402.

★ * * * *

3. By revising § 114.5(g)(2) and (I) as 

follows:

§114.5 Separate segregated funds.

★ * ★ ♦

(g) * * *

(2) A labor organization, or a separate 

segregated fund established by a labor 

organization is prohibited from soliciting 

contributions to such a fund from any 

person other than its members and 

executive or administrative personnel, 

and their families.

*****

(l) M ethods perm itted by law to labor

organizations. Notwithstanding any 

other law, any method of soliciting 

voluntary contributions or of facilitating 

the making of voluntary contributions to

a separate segregated fund established 

by a corporation, permitted by law to 

corporations with regard to stockholders 

and executive or administrative 

personnel, shall also be permitted to 

labor organizations with regard to their 

members and executive or 

administrative personnel.

4. By revising 114.7 (a), (e) and (h) as 

follows:

§ 1 14.7 M em bership organizations,

co op eratives or corporations w ithout

capital stock.

(a) Membership organizations, 

cooperatives, or corporations without 

capital stock, or separate segregated 

funds established by such persons may 

solicit contributions to the fund from 

members and executive or 

administrative personnel, and their 

families, of the organization, 

cooperative, or corporation without 

capital stock.

*****

(e) There is no limitation upon the 

number of times an organization under 

this section may solicit its members and 

executive or administrative personnel, 

and their families.

*****

(h) A membership organization, 

cooperative, or corporation without 

capital stock may communicate with its 

members and executive or 

administrative personnel, and their 

families, under the provisions of § 114.3. 

* * * * *

5. JBy revising § 114.8 (h) and (i) as 

follows:

§ 114.8 Trad e associations.

*****

(h) C om m unications oth er than

solicitation s. A trade association may 

make communications, other than 

solicitations, to its members and their 

families under the provisions of § 114.3. 

When making communications to a 

member which is a corporation, the * 

trade association may communicate 

with the representatives of the 

corporation with whom the trade 

association normally conducts the 

association’s activities.

(i) T rade association em ployees. (1) A 

trade association may communicate 

with its executive or administrative 

personnel and their families under the 

provisions of § 114.3; a trade association 

may communicate with its other 

employees under the provisions of

§ 114.4.

(2) A trade association may solicit its 

executive or administrative personnel 

and their families under the provisions 

of § 114.5(g); a trade association may 

solicit its other employees under the 

provisions of § 114.6.

(2 U.S.C. 441b, 437d(a)(8))

Dated: October 27,1983.

Danny Lee McDonald,

Chairman, Federal Election Commission.

[FR Doc. 83-29643 Filed 13-1-83: 8:45 amj 

BILLING CODE 6715-01-M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[D ocket No. 8 3 -C E -5 3 -A D ; Am endm ent 39-

4764]

Airworthiness Directives; Pilatus

Britten-Norman Ltd. Models BN-2, BN2A and BN-2B Islander airplanes

equipped with wing tip tanks (Mod NB/

M/364) except MKtll Trislander Series

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

s u m m a r y : This amendment adopts a 

new Airworthiness Directives (AD), 

applicable to certain Pilatus BrittenNorman Ltd., Models BN-2, BN-2A and 

BN-2B Islander airplanes equipped with 

wing tip tanks (Mod NB/M/364) except 

MKIII Trislander Series airplanes, which 

requires changes to the wing tip fuel 

tank selector switches, placarding and 

indicator lamps. Two accidents 

involving fuel mismanagement have ' 

occurred. The modifications of the 

switches, placarding and indicators will 

reduce the possibility of 

mismanagement of the tip tank fuel 

system.

EFFECTIVE DATE: December 8,1983. 

Compliance: Within 100 hours time-inservice, but no later than December 31, 

1983.

ADDRESSES: Pilatus Britten-Norman Ltd. 

Service Bulletin No. BN-2/SB.157, dated 

March 14,1983, applicable to this AD 

may be obtained from Pilatus BrittenNorman Ltd., Bembridge, Isle of Wight, 

England. A copy of this information is 

also contained in the Rules Docket, 

FAA, Office of Regional Counsel, Room 

1558, 601 East 12th Street, Kansas City, 

Missouri 64106.

FOR FURTHER INFORMATION CONTACT:

A. Astorga, Aircraft Certification Staff, 

AEU-100, Europe, Africa and Middle 

East Office, FAA c/o American 

Embassy, 1000 Brussels, Belgium, 

Telephone 513.38.30; or L. Werth, 

Foreign FAR 23 Section, FAA ACE-109, 

601 East 12th Street, Kansas City, 

Missouri 64106, Telephone (816) 374- 

6932.