Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 62335 

Authority: Atomic Energy Act secs. 11, 

102, 103, 104, 105, 147, 149, 161, 181, 182, 

183, 186, 189, 223, 234 (42 U.S.C. 2014, 2132, 

2133, 2134, 2135, 2167, 2169, 2201, 2231, 

2232, 2233, 2236, 2239, 2273, 2282); Energy 

Reorganization Act secs. 201, 202, 206 (42 

U.S.C. 5841, 5842, 5846); Nuclear Waste 

Policy Act sec. 306 (42 U.S.C. 10226); 

Government Paperwork Elimination Act sec. 

1704 (44 U.S.C. 3504 note); Energy Policy Act 

of 2005, Pub. L. 109–58, 119 Stat. 194 (2005). 

Section 50.7 also issued under Pub. L. 95– 

601, sec. 10, as amended by Pub. L. 102–486, 

sec. 2902 (42 U.S.C. 5851). Section 50.10 also 

issued under Atomic Energy Act secs. 101, 

185 (42 U.S.C. 2131, 2235); National 

Environmental Policy Act sec. 102 (42 U.S.C. 

4332). Sections 50.13, 50.54(d), and 50.103 

also issued under Atomic Energy Act sec. 108 

(42 U.S.C. 2138). 

Sections 50.23, 50.35, 50.55, and 50.56 also 

issued under Atomic Energy Act sec. 185 (42 

U.S.C. 2235). Appendix Q also issued under 

National Environmental Policy Act sec. 102 

(42 U.S.C. 4332). Sections 50.34 and 50.54 

also issued under sec. 204 (42 U.S.C. 5844). 

Sections 50.58, 50.91, and 50.92 also issued 

under Pub. L. 97–415 (42 U.S.C. 2239). 

Section 50.78 also issued under Atomic 

Energy Act sec. 122 (42 U.S.C. 2152). 

Sections 50.80–50.81 also issued under 

Atomic Energy Act sec. 184 (42 U.S.C. 2234). 

■ 2. In § 50.2, revise the definition of 

‘‘utilization facility’’ to read as follows: 

§ 50.2 Definitions. 

* * * * * 

Utilization facility means: 

(1) Any nuclear reactor other than one 

designed or used primarily for the 

formation of plutonium or U–233; or 

(2) An accelerator-driven subcritical 

operating assembly used for the 

irradiation of materials containing 

special nuclear material and described 

in the application assigned docket 

number 50–608. 

Dated at Rockville, Maryland, this 9th day 

of October, 2014. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2014–24732 Filed 10–16–14; 8:45 am] 

BILLING CODE 7590–01–P 

FEDERAL ELECTION COMMISSION 

11 CFR Part 110 

[Notice 2014–11] 

Aggregate Biennial Contribution Limits 

AGENCY: Federal Election Commission. 

ACTION: Interim final rule. 

SUMMARY: The Commission is removing 

regulatory limits on the aggregate 

amounts that an individual may 

contribute to federal candidates and 

political committees in each two-year 

election cycle. The Commission is 

taking this action in light of the 

Supreme Court’s recent decision in 

McCutcheon v. FEC, which held that the 

aggregate contribution limits are 

unconstitutional. The Commission is 

accepting comments on these revisions 

to its regulations. 

DATES: Effective October 17, 2014. 

Comments must be received on or 

before November 17, 2014. 

ADDRESSES: All comments must be in 

writing. Comments may be submitted 

electronically via the Commission’s 

Web site at sers.fec.gov, reference REG 

2014–01. Commenters are encouraged to 

submit comments electronically to 

ensure timely receipt and consideration. 

Alternatively, comments may be 

submitted in paper form. Paper 

comments must be sent to the Federal 

Election Commission, Attn.: Amy L. 

Rothstein, Assistant General Counsel, 

999 E Street NW., Washington, DC 

20463. All comments must include the 

full name and postal service address of 

a commenter, and of each commenter if 

filed jointly, or they will not be 

considered. The Commission will post 

comments on its Web site at the 

conclusion of the comment period. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy L. Rothstein, Assistant General 

Counsel, or Mr. Theodore M. Lutz, 

Attorney, 999 E Street NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Election Campaign Act, 

52 U.S.C. 30101–46 (formerly 2 U.S.C. 

431–57) (‘‘FECA’’), imposes limits on 

the aggregate amounts that an 

individual may contribute to federal 

candidates, political parties, and other 

political committees during a two-year 

election cycle. 52 U.S.C. 30116(a)(3) 

(formerly 2 U.S.C. 441a(a)(3)). The 

Commission has implemented FECA’s 

aggregate limits in its regulations at 11 

CFR 110.5. 

On April 2, 2014, the United States 

Supreme Court held that the aggregate 

contribution limits are unconstitutional. 

McCutcheon v. FEC, 572 U.S. l, 134 S. 

Ct. 1434 (2014) (plurality op.). To 

conform its regulations to the 

McCutcheon decision, the Commission 

is deleting 11 CFR 110.5 and is making 

technical and conforming changes to 11 

CFR 110.1(c), 110.14(d) and (g), 

110.17(b), and 110.19. In an Advance 

Notice of Proposed Rulemaking 

published in today’s Federal Register, 

the Commission is separately seeking 

comment on whether to begin a 

rulemaking to revise other regulations in 

light of certain language from the 

McCutcheon decision. 

The Commission is taking this action 

without advance notice and comment 

because it falls under the ‘‘good cause’’ 

exception of the Administrative 

Procedure Act (‘‘APA’’), 5 U.S.C. 

553(b)(B). The revisions set forth herein 

are necessary to conform the 

Commission’s regulations to the 

Supreme Court’s holding that the 

statutory aggregate limits are 

unconstitutional. See McCutcheon, 134 

S. Ct. at 1442. Because this action does 

not involve any Commission discretion 

or policy judgments, notice and 

comment are unnecessary. 5 U.S.C 

553(b)(B), (d)(3). A pre-publication 

notice and comment period would also 

be contrary to the public interest 

because the 2014 election campaigns for 

federal office are ongoing, and so the 

delay that would result from such a 

period might cause confusion among the 

public as to the enforceability of the 

regulations addressed below. 

For the same reasons, these revisions 

fall within the ‘‘good cause’’ exception 

to the APA’s delayed effective date 

provision and the requirements of the 

Congressional Review Act. 5 U.S.C. 

553(d)(3), 808(2). Moreover, because 

this interim final rule is exempt from 

the APA’s notice and comment 

procedure under 5 U.S.C. 553(b), the 

Commission is not required to conduct 

a regulatory flexibility analysis under 5 

U.S.C. 603 or 604. See 5 U.S.C. 601(2), 

604(a). Nor is the Commission required 

to submit these revisions for 

congressional review under FECA. See 

52 U.S.C. 30111(d)(1), (4) (formerly 2 

U.S.C. 438(d)(1), (4)) (providing for 

congressional review when Commission 

‘‘prescribe[s]’’ a ‘‘rule of law’’). 

Accordingly, these revisions are 

effective upon publication in the 

Federal Register. 

Explanation and Justification 

FECA imposes two types of limits on 

the amount that individuals may 

contribute in connection with federal 

elections. The ‘‘base limits’’ restrict how 

much an individual may contribute to a 

particular candidate or political 

committee per election or calendar year. 

See 52 U.S.C. 30116(a)(1) (formerly 2 

U.S.C. 441a(a)(1)). The ‘‘aggregate 

limits’’ restrict the amounts that an 

individual may contribute to all 

candidate committees, political party 

committees, and other political 

committees in each two-year election 

cycle. See 52 U.S.C. 30116(a)(3) 

(formerly 2 U.S.C. 441a(a)(3)). Under the 

aggregate limits, as indexed for inflation 

in the 2013–14 election cycle, an 

individual could contribute up to 

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62336 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Rules and Regulations 

$48,600 to candidates and their 

authorized committees, and up to 

$74,600 to other political committees, of 

which no more than $48,600 could be 

contributed to political committees 

other than national party committees. 

See Price Index Adjustments for 

Contribution and Expenditure 

Limitations and Lobbyist Bundling 

Disclosure Threshold, 78 FR 8530, 8532 

(Feb. 6, 2013). 

On April 2, 2014, the Supreme Court 

held that the aggregate contribution 

limits at 52 U.S.C. 30116(a)(3) (formerly 

2 U.S.C. 441a(a)(3)) are 

unconstitutional. See McCutcheon, 134 

S. Ct. at 1442, 1450–59. Accordingly, 

the Commission is removing the 

regulation at 11 CFR 110.5 that 

implements that statutory provision and 

is making technical and conforming 

amendments at 11 CFR 110.1(c)(3), 

110.14(d)(1), 110.14(g)(2), 110.17(b), and 

110.19, as explained further below. The 

Court’s decision did not affect the base 

limits. See McCutcheon, 134 S. Ct. at 

1442. 

11 CFR 110.1 

Section 110.1(c) implements FECA’s 

base and aggregate limits on 

contributions to political party 

committees. Current 11 CFR 110.1(c)(3) 

states that each national political party 

committee may receive up to the base 

limit from an individual contributor, but 

‘‘the limits of 11 CFR 110.5 shall . . . 

apply to contributions made by an 

individual’’ to such committees. The 

Commission is deleting this reference to 

the aggregate limits. 

11 CFR 110.5 

Section 110.5 directly implements 

FECA’s aggregate limits, 52 U.S.C. 

30116(a)(3) (formerly 2 U.S.C. 

441a(a)(3)). The Commission is deleting 

11 CFR 110.5 in its entirety and 

reserving that section. 

11 CFR 110.14 

Section 110.14(d)(1) provides, among 

other things, that ‘‘contributions made 

to a delegate for the purpose of 

furthering his or her selection . . . 

count against the limitation . . . under 

11 CFR 110.5.’’ The Commission is 

deleting this reference to the aggregate 

limits. 

Similarly, section 110.14(g)(2) 

provides that an individual’s 

‘‘[c]ontributions to a delegate committee 

count against the limitation . . . under 

11 CFR 110.5.’’ The Commission is 

deleting paragraph (g)(2) and 

redesignating current paragraph (g)(3) as 

new paragraph (g)(2). 

11 CFR 110.17 

Section 110.17(b) implements FECA’s 

price index increases for certain 

contribution limits, including the 

aggregate limits. The Commission is 

deleting both the reference to the ‘‘biannual aggregate contribution 

limitation’’ in the title of section 

110.17(b) and the citation in the text to 

section 110.5. Additionally, at 11 CFR 

110.17(b)(1), the Commission is deleting 

the citation to section 110.5(b)(3). 

11 CFR 110.19 

Section 110.19 provides that, so long 

as certain conditions are satisfied, 

minors may make contributions ‘‘that in 

the aggregate do not exceed the 

limitations on contributions of 11 CFR 

110.1 and 110.5.’’ The Commission is 

deleting the citation to 110.5. 

List of Subjects in 11 CFR Part 110 

Campaign funds, Political committees 

and parties. 

For the reasons set out in the 

preamble, the Federal Election 

Commission amends 11 CFR chapter I, 

as follows: 

PART 110—CONTRIBUTION AND 

EXPENDITURE LIMITATIONS AND 

PROHIBITIONS 

■ 1. Revise the authority citation for part 

110 to read as follows: 

Authority: 52 U.S.C. 30101(8), 30101(9), 

30102(c)(2), 30104(i)(3), 30111(a)(8), 30116, 

30118, 30120, 30121, 30122, 30123, 30124, 

and 36 U.S.C. 510. 

■ 2. Revise the section heading and 

paragraph (c)(3) of § 110.1 to read as 

follows: 

§ 110.1 Contributions by persons other 

than multicandidate political committees 

(52 U.S.C. 30116(a)(1)). 

* * * * * 

(c) * * * 

(3) Each recipient committee referred 

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

to the $25,000 limitation from a 

contributor. 

* * * * * 

§ 110.5 [Removed and Reserved] 

■ 3. Remove and reserve § 110.5. 

■ 4. Revise paragraphs (d)(1) and (g) of 

§ 110.14 to read as follows: 

§ 110.14 Contributions to and 

expenditures by delegates and delegate 

committees. 

* * * * * 

(d) * * * 

(1) The limitations on contributions to 

candidates and political committees 

under 11 CFR 110.1 and 110.2 do not 

apply to contributions made to a 

delegate for the purpose of furthering 

his or her selection. 

* * * * * 

(g) Contributions made to and by a 

delegate committee. (1) The limitations 

on contributions to political committees 

under 11 CFR 110.1 and 110.2 apply to 

contributions made to and by a delegate 

committee. 

(2) A delegate committee shall report 

contributions it makes and receives 

pursuant to 11 CFR part 104. 

* * * * * 

■ 5. Revise paragraph (b) introductory 

text and paragraph (b)(1) of § 110.17 to 

read as follows: 

§ 110.17 Price index increase. 

* * * * * 

(b) Price index increases for 

contributions by persons and political 

party committees to Senatorial 

candidates. The limitations on 

contributions established by 11 CFR 

110.1(b) and (c) and 110.2(e) shall be 

increased only in odd-numbered years 

by the percent difference between the 

price index, as certified to the 

Commission by the Secretary of Labor, 

for the 12 months preceding the 

beginning of the calendar year and the 

price index for the base period. 

(1) The increased contribution 

limitations shall be in effect as provided 

in 11 CFR 110.1(b)(1)(ii), 110.1(c)(1)(ii), 

and 110.2(e)(2). 

* * * * * 

§ 110.19 [Amended] 

■ 6. Amend § 110.19 introductory text 

by removing ‘‘and 110.5’’. 

Dated: October 9, 2014. 

On behalf of the Commission. 

Lee E. Goodman, 

Chairman, 

Federal Election Commission. 

[FR Doc. 2014–24661 Filed 10–16–14; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0263; Airspace 

Docket No. 13–ASW–27] 

Establishment of Class E Airspace; 

Thomas, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Thomas, OK. Controlled 

airspace is necessary to accommodate 

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