This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

5382

Vol. 70, No. 21

Wednesday, February 2, 2005

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Parts 1700 and 1709 

RIN 0572–AB91 

Assistance to High Energy Cost Rural 

Communities

AGENCY: Rural Utilities Service, USDA.

ACTION: Proposed rule.

SUMMARY: The Rural Utilities Service 

(RUS) is proposing regulations 

implementing its financial assistance 

programs for rural communities with 

extremely high energy costs. These 

programs are authorized under section 

19 of the Rural Electrification Act of 

1936, as amended (7 U.S.C. 918a). This 

proposed rule is intended to establish 

and clarify eligibility and application 

requirements, the review and approval 

process, and grant administration 

procedures for RUS grants to rural 

communities with extremely high 

energy costs and for grants to State 

entities for bulk fuel revolving loan 

funds. This publication of these rules 

will assure timely and effective 

distribution of grant funds to eligible 

rural communities and state entities. In 

the final rule section of this Federal 

Register, RUS is publishing this action 

as a direct final rule without prior 

proposal because RUS views this as a 

non-controversial action and anticipates 

no adverse comments. If no adverse 

comments are received in response to 

the direct final rule, no further action 

will be taken on this proposed rule and 

the action will become effective at the 

time specified in the direct final rule. If 

RUS receives adverse comments, RUS 

will publish a timely notice 

withdrawing the direct final rule based 

on this action. Any parties interested in 

commenting on this proposed action 

should do so at this time.

DATES: Comments on this proposed 

action must be received on or before 

March 4, 2005.

ADDRESSES: Submit your adverse 

comments or notice of intent to submit 

adverse comments by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instruction for submitting 

comments. 

• Agency Web site: http://www. 

usda.;gov/rus/index2.Comments.htm.

Follow the instructions for submitting 

comments. 

• E-mail: RUSComments@usda.gov.

Include in the subject line of the 

message ‘‘7 CFR 1700 and 1709.’’ 

• Mail: Addressed to Richard Annan, 

Acting Director, Program Development 

and Regulatory Analysis, Rural Utilities 

Service, United States Department of 

Agriculture, 1400 Independence 

Avenue, STOP 1522, Washington, DC 

20250–1522. 

• Hand Delivery/Courier: Addressed 

to Richard Annan, Acting Director, 

Program Development and Regulatory 

Analysis, Rural Utilities Service, United 

States Department of Agriculture, 1400 

Independence Avenue, SW., Room 

5168–S, Washington, DC 20250–1522. 

Instructions: RUS requests a signed 

original and three copies of all written 

comments (7 CFR 1700.4). Comments 

may also be submitted by e-mail at 

RUSComments@usda.gov and must 

contain the phrase ‘‘High Cost Energy 

Grants’’ in the subject line. All 

comments received must identify the 

name of the individual (and the name of 

the entity, if applicable) who is 

submitting the comment. All comments 

received will be posted without changes 

to http://www.usda.gov.

rus.index2.Comments.htm, including 

any personal information provided. All 

comments will also be available for 

public inspection during regular 

business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT:

Karen Larsen, Management Analyst, 

U.S. Department of Agriculture, Rural 

Utilities Service, Electric Program, 1400 

Independence Ave., SW., Stop 1560, 

Room 5165–S, Washington, DC 20250–

1560. Telephone (202) 720–9545, Fax 

(202) 690–0717, e-mail address: 

Karen.Larsen@usda.gov.

SUPPLEMENTARY INFORMATION: See the 

Supplementary Information provided in 

the direct final rule located in the final 

rule section of this Federal Register for 

the applicable supplementary 

information on this section.

Dated: January 13, 2005. 

Hilda Gay Legg, 

Administrator, Rural Utilities Service.

[FR Doc. 05–1879 Filed 2–1–05; 8:45 am] 

BILLING CODE 3410–15–P

FEDERAL ELECTION COMMISSION

11 CFR Parts 109 and 300 

[Notice 2005–3] 

Definition of ‘‘Agent’’ for BCRA 

Regulations on Non-Federal Funds or 

Soft Money and Coordinated and 

Independent Expenditures

AGENCY: Federal Election Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Election 

Commission requests comments on the 

proposed revision of the definition of 

‘‘agent’’ for its regulations on 

coordinated and independent 

expenditures, and non-Federal funds, 

which are commonly referred to as ‘‘soft 

money.’’ Current Commission 

regulations define agent as ‘‘any person 

who has actual authority, either express 

or implied’’ to perform certain actions. 

This definition does not include persons 

acting only with apparent authority. The 

Commission’s regulations defining agent 

were challenged in Shays v. FEC. The 

District Court held that the 

Commission’s definitions of agent did 

not necessarily run contrary to 

Congress’s intent and were based on a 

permissible construction of the statute. 

However, the court also held that the 

Commission had not provided adequate 

explanation of its decision to exclude 

from the definition of agent persons 

acting only with apparent authority and 

therefore had not satisfied the reasoned 

analysis requirement of the 

Administrative Procedures Act. The 

court remanded the regulations to the 

Commission for further action 

consistent with the court’s opinion. 

Accordingly, in order to comply with 

the court’s decision, the Commission 

now revisits the definition of agent by 

issuing this Notice of Proposed 

Rulemaking. No final decision has been 

made by the Commission on the issues 

presented in this rulemaking. Further 

information is provided in the 

supplementary information that follows.

DATES: Comments must be received on 

or before March 4, 2005. If the