Federal Register: July 29, 2009 (Volume 74, Number 144)
DOCID: fr29jy09-4 FR Doc E9-18031
FEDERAL ELECTION COMMISSION
Federal Election Commission
CFR Citation: 11 CFR Part 8
NOTICE: RULES
DOCID: fr29jy09-4
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Reorganization of National Voter Registration Act Regulations
DATES: This rule is effective August 28, 2009.
DOCUMENT SUMMARY:
The Federal Election Commission (FEC) and the Election Assistance Commission (EAC) are jointly taking action to transfer regulations implementing the National Voter Registration Act of 1993 (NVRA) from the FEC to the EAC. The Help America Vote Act of 2002 transferred the FEC's former statutory authority regarding the NVRA regulations to the EAC. Further information is provided in the supplementary information that follows.
SUMMARY:
Reorganization of National Voter Registration Act Regulations
SUPPLEMENTAL INFORMATION
Background
The National Voter Registration Act of 1993 (``NVRA'') \1\ required
the Federal Election Commission, in consultation with the chief
election officers of the States, to develop a mail voter registration
application form for elections to Federal office, and to submit to
Congress no later than June 30 of each oddnumbered year (beginning
June 30, 1995) a report that assesses the impact of the NVRA and
recommends improvements in Federal and State procedures, forms, and
other matters affected by the NVRA. 42 U.S.C. 1973gg7(a)(2), (a)(3)
(1993). The NVRA also assigned to the FEC the responsibility of
prescribing, in consultation with the chief election officers of the
States, such regulations as are necessary to carry out the
aforementioned functions. 42 U.S.C. 1973gg7(a)(1) (1993). The FEC
issued regulations implementing these NVRA requirements on June 23,
1994.\2\ These regulations are all currently codified in Part 8 of
title 11, Chapter 1 of the Code of Federal Regulations (``11 CFR Part 8'').
\1\ Pub. L. 10331, 107 Stat. 77, 42 U.S.C. 1973gg1 et seq. (1993).
\2\ 59 FR 32323 (June 23, 1994).
Section 802 of the Help America Vote Act of 2002 (``HAVA'') \3\
transferred the FEC's responsibilities under the NVRA to the EACan
independent Federal agency created by HAVA\4\ with responsibilities
related to various aspects of Federal election administration. 42
U.S.C. 15532.\5\ Accordingly, in order to facilitate the EAC's exercise
of its statutory authority, the FEC is transferring the regulations
implementing Section 9(a) (42 U.S.C. 1973gg7(a)) of the NVRA to the EAC.
\3\ Pub. L. 107252, 116 Stat. 1726, 42 U.S.C. 15532 (2002). \4\ 42 U.S.C. 15321.
\5\ ``There are transferred to the Election Assistance
Commission established under section 201 all functions which the
Federal Election Commission exercised under section 9(a) of the
National Voter Registration Act of 1993 before the date of the
enactment of this Act.'' HAVA was enacted on October 29, 2002. Transfer and Redesignation of Part 8
The FEC and the EAC, through this joint final rule, are removing
the regulations in 11 CFR part 8 and simultaneously recodifying them in
Chapter II of Title 11, which houses regulations created and
administered by the EAC. Part 8 is simultaneously redesignated as Part
9428. Accordingly, 11 CFR 8.1 through 8.7 are redesignated as new 11
CFR 9428.1 through 9428.7. This is illustrated in a table below. [[Page 37520]]
New Part
Part 8 Heading 9428 Subpart AGeneral Provisions
Sec. 8.1....................... Purpose & scope.......... Sec.
9428.1
Sec. 8.2....................... Definitions.............. Sec.
9428.2 Subpart BNational Mail Voter Registration Form
Sec. 8.3....................... General information...... Sec.
9428.3
Sec. 8.4....................... Contents................. Sec.
9428.4
Sec. 8.5....................... Format................... Sec.
9428.5
Sec. 8.6....................... Chief state election Sec.
official. 9428.6 Subpart CRecordkeeping and Reporting
Sec. 8.7....................... Contents of reports from Sec.
the states. 9428.7
The FEC and EAC are also making conforming changes to the rules to replace references to rules in Part 8 with references to corresponding rules in Part 9428, and to replace references to the ``Federal Election Commission'' with references to the ``Election Assistance Commission.'' The rule does not make any substantive changes to the new Part 9428 regulations. The EAC may exercise its rulemaking authority to make substantive and technical changes to these rules in the future. Administrative Procedure Act
The FEC and the EAC find that good cause exists for adopting this
rule as a final rule and without public notice and comment under 5
U.S.C. 553(b) because this rule simply relocates and redesignates the
regulations in 11 CFR part 8, while making only minor conforming
technical changes and no substantive changes to those regulations. The
rule reflects the transfer of functions contemplated by the Help
America Vote Act of 2002. Accordingly, public notice and comment is
unnecessary. 5 U.S.C. 553(b)(B).\6\ Further, because the transfer of
the regulations is vital to the EAC's ability to function in an area of
core responsibility assigned by Congress, the additional delay that
would be incurred by resorting to notice and comment procedures would
be contrary to the public interest. 5 U.S.C. 553(b)(B). See, e.g.
National Nutritional Foods Assoc. v. Kennedy, 572 F.2d 377, 38485 (2nd
Cir. 1978), quoting Senate Report, No. 752, 79th Cong. 1st Sess. (1945).
\6\ Should the EAC propose substantive changes to these
regulations on future occasions, it will provide notice and an
opportunity to comment pursuant to the Administrative Procedure Act. Transmittal of Final Rule to Congress
Under the Congressional Review of Agency Rulemaking Act, 5 U.S.C.
801(a)(1), agencies must submit final rules to the Speaker of the House
of Representatives and the President of the Senate before they take
effect. The final rule that follows was transmitted to Congress on July 24, 2009.
Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory Flexibility Act)
Because no notice of proposed rulemaking is required for this rule under the Administrative Procedure Act (5 U.S.C. 553), the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. See 5 U.S.C. 604(a).
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995 (PRA), Public
Law 10413, 44 U.S.C. chapter 35, and its implementing regulations at 5
CFR part 1320, require that an agency subject to PRA submit to OMB for
approval information collection and recordkeeping requirements
associated with agency actions. The FEC is statutorily exempted from
the provisions of the PRA while the EAC is not. Consequently, the
regulations currently at 11 CFR part 8 do not have an associated OMB
control number; whereas the transferred regulations at 11 CFR part 9428
are required to have an associated OMB control number. Accordingly,
concurrent with this joint rulemaking activity, the EAC will
independently publish a separate PRA notice seeking emergency clearance.
List of Subjects
11 CFR Part 8 and 11 CFR Part 9428
Elections, reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Federal Election
Commission and the Election Assistance Commission amend chapters I and
II of title 11 of the Code of Federal Regulations as follows: TITLE 11FEDERAL ELECTIONS
CHAPTER IFEDERAL ELECTION COMMISSION
PART 8[REDESIGNATED AS PART 9428]
1. Transfer 11 CFR Part 8 from Chapter I to Chapter II and redesignate as 11 CFR part 9428.
CHAPTER IIELECTION ASSISTANCE COMMISSION
PART 9428NATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg1 et seq.)
2. The authority citation for the newly redesignated 11 CFR part 9428 is revised to read as follows:
Authority: 42 U.S.C. 1973gg1 et seq., 15532
Sec. Sec. 9428.3, 9428.4, 9428.5 and 9428.7 [Amended]
3. Amend the newly redesignated Part 9428 as follows:
[[Page 37521]]
By removing the reference
Amend to And adding in its place
Sec. 9428.3(a).................. 11 CFR 8.4............... 11 CFR 9428.4.
Sec. 9428.4(a)(6)(ii)........... 11 CFR 8.6(c)............ 11 CFR 9428.6(c).
Sec. 9428.5(a).................. ``Federal Election ``Commission's''. Commission's''.
Sec. 9428.5(b).................. 11 CFR 8.4(c)............ 11 CFR 9428.4(c).
Sec. 9428.5(f)(2)............... 11 CFR 8.4(b)(1), (6), 11 CFR 9428.4(b)(1), (6), and (7). and (7).
Sec. 9428.5(f)(2)............... 11 CFR 8.4(b)(2)......... 11 CFR 9428.4(b)(2).
Sec. 9428.6(b).................. 11 CFR 8.4(a)(2)......... 11 CFR 9428.4(a)(2).
Sec. 9428.7(a).................. ``Federal Election ``Election Assistance Commission, 1225 New York
Commission, 999 E Avenue, NW., Washington, DC 20005.''.
Street, NW., Washington, DC 20463.''.
On behalf of the Commission.
Steven T. Walther,
Chairman, Federal Election Commission.
Gineen B. Beach,
Chair, Election Assistance Commission.
[FR Doc. E918031 Filed 72809; 8:45 am]
BILLING CODE 6820KFP
FOR FURTHER INFORMATION CONTACT
Ms. Tamar Nedzar, Attorney, Election Assistance Commission, 1225 New York Avenue, NW., Suite 1100, Washington, DC 20005, (202) 5663100 or (866) 7471471; or Mr. Robert M. Knop, Assistant General Counsel, or Mr. Joshua S. Blume, Attorney, Federal Election Commission, 999 E Street, NW., Washington, DC 20463, (202) 6941650 or (800) 4249530.