Federal Register: November 30, 2001 (Volume 66, Number 231)
DOCID: FR Doc 01-29678
FEDERAL ELECTION COMMISSION
Federal Election Commission
CFR Citation: 11 CFR Part 111
DOCUMENT ID: [Notice 2001-18]
NOTICE: RULES
ACTION: Compliance procedures:
DOCUMENT ACTION: Final rule; revision of the sunset date.
SUBJECT CATEGORY:
Extension to Administrative Fines
DATES: Effective on December 31, 2001.
DOCUMENT SUMMARY:
The Treasury and General Government Appropriations Act, 2002, amended the Treasury and General Government Appropriations Act, 2000, by extending the expiration date in which the Federal Election Commission (hereinafter ``the Commission'') may assess civil money penalties for violations of the reporting requirements of section 434(a) of the Federal Election Campaign Act (hereinafter ``the Act'' or ``FECA'').
SUMMARY:
Administrative fines; reporting requirements violations; civil money penalties; expiration date extension,
SUPPLEMENTAL INFORMATION
Explanation and Justification
Section 640 of the Treasury and General Government Appropriations
Act, 2000, Pub. L. No. 10658, 106th Cong., 113 Stat. 430, 47677
(1999), amended Sec. 309(a)(4) of the FECA, 2 U.S.C. 437g(a)(4), to
provide for a modified enforcement process for violations of reporting
requirements. Under Sec. 437g(a)(4)(C) of the FECA, the Commission may
assess a civil money penalty for violations of the reporting
requirements of 2 U.S.C. 434(a). This authority, however, was to sunset
on December 31, 2001. Pub. L. No. 10658, 106th Cong., Sec. 640(c). Recently, Sec. 642 of the Treasury and General Government
Appropriations Act, 2002, amended the Treasury and General Government
Appropriations Act, 2000, by extending the sunset date to include all
reports that cover activity between January 1, 2000, to December 31, 2003.
The Commission published final rules on May 19, 2000, to implement the amendment contained in the Treasury and General Government Appropriations Act, 2000. Section 111.30 of the regulations reflects the sunset provision of Pub. L. No. 10658, 106th Cong., Sec. 640(c). Therefore, the Commission is issuing this final rule to amend section 111.30 to extend the application of the administrative fine regulations, 11 CFR part 111, subpart B, to include all violations relating to reports that cover the period between January 1, 2000, to December 31, 2003.
The Commission is promulgating this final rule without notice or
opportunity for comment because it falls under the ``good cause''
exemption of the Administrative Procedures Act, 5 U.S.C. 553(b)(B). The exemption allows
[[Page 59681]]
agencies to dispense with notice and comment if the procedures are
``impracticable, unnecessary, or contrary to public interest.'' Id.
This final rule fulfills the ``good cause'' exemption requirement
because a notice and comment period is impracticable in that it would
prevent this final rule from taking effect before the administrative
fine regulations sunset under the current 11 CFR 111.30. See
Administrative Procedure Act: Legislative History, S. Doc. No. 248 200
(1946) (``'Impracticable' means a situation in which the due and
required execution of the agency functions would be unavoidably
prevented by its undertaking public rulemaking proceedings''). In
addition, this final rule merely extends the applicability of the
administrative fine regulations and does not change the substantive
regulations themselves. Those regulations were already subject to
notice and comment when they were proposed in March, 2000, 65 FR 16534,
and adopted in May, 2000, 65 FR 31787. Thus, it is appropriate and
necessary for the Commission to publish this final rule without
providing a notice and comment period. The Commission anticipates,
however, that any substantive changes that may be made to the
administrative fine rules at a later date will be subject to notice and comment.
Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory Flexibility Act)
The attached final rule will not have a significant economic impact on a substantial number of small entities. The basis for this certification is that this final rule merely extends the applicability of existing regulations for two more years. The existing regulations have already been certified as not having a significant economic impact on a substantial number of small entities. 65 FR 31793 (2000). Therefore, the extension of these existing regulations will not have a significant economic impact on a substantial number of small entities. List of Subjects in 11 CFR Part 111
Administrative practice and procedures, Elections, Law enforcement.
For reasons set out in the preamble, subchapter A, Chapter I of Title 11 of the Code of Federal Regulations is amended as follows: PART 111COMPLIANCE PROCEDURES (2 U.S.C. 437g, 437d(a))
1. The authority for part 111 continues to read as follows:
Authority: 2 U.S.C. 437g, 437d(a), 438(a)(8).
2. 11 CFR 111.30 is revised to read as follows:
Sec. 111.30. When will subpart B apply?
Subpart B applies to violations of the reporting requirements of 2
U.S.C. 434(a) that relate to the reporting periods that begin on or
after July 14, 2000, and end on or before December 31, 2003, committed by political committees and their treasurers.
Dated: November 26, 2001.
Danny L. McDonald,
Chairman, Federal Election Commission.
[FR Doc. 0129678 Filed 112901; 8:45 am]
BILLING CODE 671501P
FOR FURTHER INFORMATION CONTACT
Ms. Rosemary C. Smith, Assistant General Counsel, or Ms. Mai T. Dinh, Attorney, 999 E Street, NW., Washington, DC 20463, (202) 6941650 or (800) 4249530.