32160 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

1The Act defines ‘‘person’’ as an individual, 

partnership, committee, association, corporation, 

labor organization, or any other organization or 

group of persons. 2 U.S.C. 431(11). 

Communications Act of 1934, as 

amended. Nature and Extent of 

Confidentiality: If individual 

respondents to this survey wish to 

request confidential treatment of any 

data provided in connection with this 

survey, they can do so upon written 

request, in accordance with Sections 

0.457 and 0.459 of the Commission’s 

rules. To receive confidential treatment 

of their data, respondents need only 

describe the specific information they 

wish to protect and provide an 

explanation of why such confidential 

treatment is appropriate. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: Section 623(k) of the 

Cable Television Consumer Protection 

and Competition Act of 1992 requires 

the Commission to publish annually a 

statistical report on average rates for 

basic cable service, cable programming 

service, and equipment. The report must 

compare the prices charged by cable 

operators subject to ‘‘effective 

competition’’ and those not subject to 

effective competition. The data needed 

to prepare this report is collected using 

the annual cable industry Price Survey. 

Marlene H. Dortch, 

Secretary, Federal Communications 

Commission. 

[FR Doc. E9–15936 Filed 7–6–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL ELECTION COMMISSION 

[Notice 2009–11] 

Advisory Opinion Procedure 

AGENCY: Federal Election Commission. 

ACTION: Notice of New Advisory 

Opinion Procedures and Explanation of 

Existing Procedures. 

SUMMARY: The Commission is 

establishing a program to allow persons 

requesting an advisory opinion, or their 

counsel, a limited opportunity to appear 

before the Commission. The purpose of 

their appearances is to answer questions 

from the Commission at the open 

meeting during consideration of the 

requestor’s draft advisory opinion. 

DATES: Effective Date: July 7, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Knop, Assistant General 

Counsel, or Mr. Neven F. Stipanovic, 

Attorney, 999 E Street, NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Federal Election Commission is 

implementing a program allowing 

persons requesting advisory opinions, or 

their counsel, to answer questions at the 

open meeting during consideration of an 

advisory opinion draft. 

I. Background 

On January 14 and 15, 2009, the 

Commission held a public hearing on 

possible changes to a number of its 

policies, practices, and procedures, 

including possible changes to the 

advisory opinion process. Information 

about the hearing is available on the 

Commission Web site at http:// 

www.fec.gov/law/policy/enforcement/ 

publichearing011409.shtml. The 

Commission received several public 

comments regarding the advisory 

opinion process. One issue generating 

significant attention was whether 

advisory opinion requestors, or their 

counsel, should be allowed to appear 

before the Commission during the 

advisory opinion process. After 

reviewing the public comments, the 

Commission has decided to allow 

requestors, or their counsel, to appear at 

the open meeting during consideration 

of an advisory opinion draft. The 

specific procedures are explained 

below. 

A. Existing Advisory Opinion 

Procedures 

Any person may request an advisory 

opinion concerning the application of 

the Federal Election Campaign Act of 

1971, as amended (the ‘‘Act’’), or 

Commission regulations, to a specific 

transaction or activity by the 

person.1 See 2 U.S.C. 437f; 11 CFR part 

112. Requestors or their counsel 

(‘‘Requestors’’) must submit their 

request in writing. 11 CFR 112.1. The 

Commission, in turn, must issue an 

advisory opinion within 60 days of 

receiving a complete advisory opinion 

request. 2 U.S.C. 437f(a)(1). The 60-day 

deadline is reduced to 20 days when a 

Federal candidate or a candidate’s 

authorized committee submits a 

complete request within 60 days of a 

Federal election. 2 U.S.C. 437f(a)(2). At 

times, the Commission expedites certain 

highly significant, time-sensitive 

requests and issues these advisory 

opinions within 30 days. See infra 

Section I(E). Advisory opinions are 

issued if approved by at least four 

Commissioners. 

Members of the public have two 

distinct opportunities to participate in 

the advisory opinion process. First, they 

may submit written comments on the 

advisory opinion request, which is 

released to the public and posted on the 

Commission’s Web site as soon as it 

becomes complete. 11 CFR 112.2; 112.3. 

Second, they may submit written 

comments on a draft advisory opinion, 

which typically is provided to the 

Requestor and made available to the 

public prior to the Commission meeting 

at which the advisory opinion will be 

considered. 

B. Proposed Revisions to the Advisory 

Opinion Process 

At the public hearing held on January 

14 and 15, 2009, those commenters who 

addressed the advisory opinion process 

generally agreed that the Requestor 

should be allowed to appear before the 

Commission when the Commission 

considers the advisory opinion draft. 

The main concern with the existing 

advisory opinion process was the 

Requestor’s inability to respond to 

Commissioners’ questions during the 

open meeting. The commenters noted 

that when they represented Requestors, 

they sometimes found it frustrating to 

sit in the audience during the open 

meeting when the Commission was 

considering their request, with no 

opportunity to respond when 

Commissioners raised questions. To 

address this concern, the Commission is 

implementing a new procedure that 

would allow Requestors to appear 

before the Commission to answer 

questions at the open meeting when the 

Commission considers the Requestor’s 

draft advisory opinion. 

The Commission believes that this 

procedure will promote transparency 

and fairness, while ensuring that 

advisory opinions continue to be issued 

in an efficient and timely manner. It 

would permit the Requestors to answer 

directly Commissioners’ questions. 

These appearances may clear up 

ambiguous or conflicting statements in 

the Requestors’ written submissions or 

allow the Commission to obtain 

additional information where the 

Requestor’s previous discussions with 

Office of General Counsel (‘‘OGC’’) 

attorneys did not provide an answer. 

Allowing Requestors to appear would 

help ensure that the Commission fully 

considers all significant aspects of the 

proposed transaction or activity before 

voting on the advisory opinion. 

Appearances by Requestors may also 

help some Requestors to understand 

better the basis for the Commission’s 

decision. 

Some commenters suggested that the 

Commission should hold formal oral 

hearings on advisory opinion requests, 

similar to the probable cause hearings 

the Commission holds in enforcement 

matters, before it considers and votes on 

draft advisory opinions. See Procedural 

Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 32161 

Rules for Probable Cause Hearings, 72 

FR 64919 (Nov. 19, 2007). The 

Commission believes that a broader 

opportunity for an oral presentation is 

not needed and would prove 

unworkable within the short statutory 

deadlines for issuing advisory opinions. 

These 60- and 20-day statutory 

deadlines preclude more extensive oral 

hearings at an earlier point in the 

process. The Commission would have to 

devote significant resources to arranging 

and preparing for oral presentations, 

thereby reducing the already limited 

time available for drafting and 

considering opinions responding to 

advisory opinion requests. While 

extensions may be arranged if necessary, 

as the Commission has done in the past, 

allowing extensions on a regular basis 

could undermine the statutory directive 

to issue advisory opinions within 60 or 

20 days. Furthermore, because 

Requestors already have multiple 

opportunities to participate in the 

advisory opinion process, an additional 

oral hearing would not significantly 

benefit them or the advisory opinion 

process. 

One commenter at the public hearing 

suggested that third-party commenters 

in the advisory opinion process should 

be allowed to appear before the 

Commission; other commenters 

disagreed. The Act specifically provides 

that the Commission shall issue an 

advisory opinion ‘‘with respect to a 

specific transaction or activity by the 

person’’ who submitted the request. 2 

U.S.C. 437f(a)(1). Accordingly, under 

the new program, third-party 

commenters would not be allowed to 

make oral presentations. Requestors 

would be permitted to appear only for 

the limited purpose of addressing 

questions raised by the Commission. 

Commenters already have an 

opportunity to submit written 

comments on the request, as well as on 

the draft advisory opinion. Moreover, 

arranging an oral hearing within the 60- 

or 20-day statutory deadlines for all 

interested parties who wish to testify 

would be inefficient and impractical. 

Another issue raised at the public 

hearing was whether the Commission 

should transcribe oral presentations if it 

allowed Requestors to appear. The 

Commission currently does not 

transcribe open meetings, and the 

Commission does not intend to change 

this practice when Requestors or their 

counsel make an appearance, for two 

reasons. First, the transcripts would be 

an expense to the Commission while 

offering little added benefit to the 

Requestor. Second, the Commission 

already has podcasts of its open 

meetings available on the Commission 

Web site. 

C. Notice of Intent To Appear Before the 

Commission 

Requestors wishing to appear before 

the Commission to answer questions 

regarding their advisory opinion request 

shall have the opportunity to do so. 

Requestors must submit a written notice 

to the Commission in advance 

indicating that they will be available to 

respond to questions at the open 

meeting at which the advisory opinion 

request is to be considered. The notice 

must be received by the Office of the 

Commission Secretary (‘‘OCS’’) by email, hand delivery, or fax no later than 

48 hours prior to the scheduled open 

meeting. Requestors are responsible for 

ensuring that OCS timely receives the 

notice. In the event any advisory 

opinion draft response is not made 

available to the public and to the 

Requestor within one week (3 days for 

requests under the 20-day expedited 

procedure) prior to the Commission 

open meeting at which the advisory 

opinion request is to be considered, the 

Requestor shall have an automatic right 

to appear before the Commission, and 

no advance notice shall be required. See 

infra Section I(E). 

The opportunity to appear before the 

Commission does not guarantee that 

Requestor will be able to address the 

Commission if no Commissioners have 

any questions of the Requestor. These 

appearances are voluntary, and no 

adverse inferences will be drawn if 

Requestors do not appear. 

D. Open Meeting Procedures 

Requestors who appear before the 

Commission shall take a seat at the 

witness table during consideration of 

their advisory opinion and respond to 

any questions Commissioners may have. 

Requestors who are unable to appear 

physically at an open meeting may 

participate remotely, subject to the 

Commission’s technical capabilities. To 

ensure availability, Requestors wishing 

to participate remotely are advised to 

notify the OCS when they submit their 

notice of intent to appear. 

Requestors’ appearance is limited to 

answering Commissioners’ questions; it 

is not an opportunity for Requestors to 

make extended oral presentations. The 

Commissioners, the General Counsel, 

and the Staff Director may ask 

Requestors questions appropriate or 

relevant to answering the advisory 

opinion request at hand. Commissioners 

also may ask the General Counsel and 

the Staff Director questions pertaining to 

the request. Any factual representations 

made at the open meeting will be 

considered definitive in the formulation 

of a final advisory opinion. 

E. Improving Transparency and 

Timeliness of Advisory Opinion 

Procedures and Opportunity for 

Comment 

In an effort to streamline the advisory 

opinion request process and to improve 

transparency and meaningful 

opportunity for public comment and 

Commission consideration of such 

comments, the Commission informally 

has implemented several procedures 

and proposes additional procedures, 

explained below. 

Commission Self-Imposed Deadline for 

Draft Responses 

In 1993, the Commission announced 

pilot procedures that would result in 

advisory opinion drafts to be made 

public for comment as soon as they are 

circulated to the Commission, and 

generally no later than close of business 

on the Thursday preceding the 

Commission’s next open meeting at 

which the advisory opinion request is to 

be considered (generally the following 

Thursday). See Revision to Advisory 

Opinion Comment Procedure, 58 FR 

62259 (Nov. 26, 1993). The timetable 

was to remain in effect for all advisory 

opinion requests received until May 31, 

1994 and did not apply to expedited 

requests under 2 U.S.C. 437f(a)(2) and 

11 CFR 112.4(b). See infra. 

In this same spirit, for all advisory 

opinion requests subject to the 60-day 

deadline, the Commission will provide 

at least one draft response to the 

Requestor and the public no later than 

one week prior to the Commission open 

meeting at which the advisory opinion 

will be considered. This timetable will 

provide Requestors adequate time to 

decide whether to submit a notice to the 

Commission to appear at the meeting, as 

well as provide the public meaningful 

opportunity to submit comments on the 

draft and for the Commission to 

properly consider any such comments. 

For requests subject to the 20-day 

deadline, see infra, this timetable shall 

be shortened to provide a draft response 

no later than three business days prior 

to the open meeting at which the 

advisory opinion will be considered. 

The Commission notes that, prior to 

the open meeting, additional advisory 

opinion draft responses may be 

produced after the initial draft(s) is 

released publicly. The Commission will 

make available to the public and to 

Requestors any and all additional draft 

responses as soon as possible. In the 

event any draft response is not released 

publicly until after the one-week/threeday deadlines, Requestors shall have an 

32162 Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Notices 

automatic right to be heard at the 

meeting (limited to answering the 

Commissioners’ questions, if any). See 

supra Section I(C). 

The timetable described above is in 

addition to the existing 10-day deadline 

for accepting written public comments 

following the date the advisory opinion 

request is made public. See 2 U.S.C. 

437f(d). 

Expansion of 20-Day Expedited Process 

in Section 112.4(b) to Other Requestors 

The Commission has an expedited 

procedure provided for in 2 U.S.C. 

437f(a)(2) and implemented in 11 CFR 

112.4(b) for certain advisory opinions. 

This expedited procedure is currently 

limited to any candidate or candidate’s 

authorized committee that: (1) Submits 

a request within 60 calendar days 

preceding the date of an election for 

Federal office; (2) presents a specific 

transaction or activity related to the 

election; and (3) explains in the request 

the electoral connection. The 

Commission recognizes that this 

procedure does not apply to other 

entities or individuals, and in 

recognition of this will attempt to apply 

an expedited schedule to any entity or 

individual who, within 60 calendar 

days preceding the date of an election 

for Federal office, submits an advisory 

opinion request pertaining to a 

proposed public communication 

referencing a clearly identified Federal 

candidate. 

The Commission notes that this new 

practice with respect to electionsensitive requests is in addition to the 

Commission’s current, informal practice 

of expediting certain highly significant 

time-sensitive requests (whether or not 

relating to an upcoming election). The 

Commission endeavors to issue advisory 

opinions within 30 days under this 

general expedited process. 

Withdrawal of Advisory Opinion 

Requests 

A Requestor may withdraw an 

advisory opinion request at any time 

prior to the Commission vote on the 

request. Such withdrawal may be done 

in writing or on the record in the event 

a Requestor appears before the 

Commission. 

Summary of Advisory Opinion 

Timetable 

The following is a summary of the 

advisory opinion timetable, as modified 

by this program: 

(1) Requestor submits advisory 

opinion request. 

(2) Within 10 days of the submission 

of the request, OGC determines whether 

the request is ‘‘complete’’ and 

‘‘qualified.’’ 

(3) The Commission shall provide 10 

days for accepting written public 

comments on the advisory opinion 

request after the request is released to 

the public. 

(4) One week prior to the open 

meeting at which the advisory opinion 

is to be considered (three days for 

expedited requests), the Commission 

will provide at least one draft response 

to the Requestor and the public for 

comment. 

(5) Requestor may submit a notice 

indicating that they will be available to 

respond to questions from the 

Commission no later than 48 hours prior 

to the open meeting at which the 

advisory opinion is to be considered. 

(6) In the event subsequent advisory 

opinion draft responses are made 

available to the public and Requestor 

after one week (or three days for 20-day 

expedited requests) prior to the open 

meeting at which the advisory opinion 

is to be considered, the Requestor shall 

have an automatic right to appear before 

the Commission. 

II. Program Implementation 

The new procedures for Requestors to 

appear before the Commission described 

in Sections I(B) through (D), supra, shall 

be in effect immediately upon the 

publication of this notice. The 

Commission will evaluate the new 

procedures and consider whether the 

procedures should, by an affirmative 

four votes of the Commission, be 

discontinued or modified. After one 

calendar year, the program will 

continue as a pilot program until such 

time that the Commission either 

terminates it by an affirmative four votes 

or makes it permanent by an affirmative 

four votes. 

Dated: June 30, 2009. 

On behalf of the Commission, 

Steven T. Walther, 

Chairman, Federal Election Commission. 

[FR Doc. E9–15869 Filed 7–6–09; 8:45 am] 

BILLING CODE 6715–01–P 

GENERAL SERVICES 

ADMINISTRATION 

[OMB Control No. 3090–0281] 

National Capital Region (NCR), Office 

of Child Care Services; Submission for 

OMB Review; General Services 

Administration (GSA) Child Care 

Specialist Feedback Form 

AGENCY: NCR Office of Child Care 

Services, Public Buildings Service 

(PBS), GSA. 

ACTION: Notice of request for comments 

regarding an extension to an existing 

OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the General Services 

Administration will be submitting to the 

Office of Management and Budget 

(OMB) a request to review and approve 

a previously approved information 

collection requirement. This 

information will be used to assess 

satisfaction with services delivered by 

staff from the Office of Child Care 

Services. The respondents are current 

users of the Office of Child Care 

Services. A request for public comments 

was published in the Federal Register at 

74 FR 7065, February 12, 2009. No 

comments were received. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate and 

based on valid assumptions and 

methodology; and ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

August 6, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Leo G. Bonner, Regional Child Care 

Coordinator, Office of Child Care 

Services, at telephone (202) 401–7403 or 

via e-mail to leo.bonner@gsa.gov. 

ADDRESSES: Submit comments regarding 

this burden estimate or any other aspect 

of this collection of information, 

including suggestions for reducing this 

burden to GSA Desk Officer, OMB, 

Room 10236, NEOB, Washington, DC 

20503, and a copy to the Regulatory 

Secretariat (VPR), General Services 

Administration, 1800 F Street, NW., 

Room 4041, Washington, DC 20405. 

Please cite OMB Control No. 3090–0281, 

General Services Administration (GSA) 

Child Care Specialist Feedback Form, in 

all correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

This information will be used to 

assess consumer satisfaction with 

services delivered by staff from the 

Office of Child Care Services. 

B. Annual Reporting Burden 

Respondents: 144. 

Responses per Respondent: 1. 

Hours per Response: .083 (5 minutes). 

Total Burden Hours: 12. 

Obtaining Copies of Proposals: 

Requesters may obtain a copy of the 

information collection documents from