Supplemental Notice of Proposed Rulemaking by FEC



                                            Proposed Rules                                                                                                Federal Register
                                                                                                                                                          Vol. 71, No. 50

                                                                                                                                                          Wednesday, March 15, 2006

                                            This section of the FEDERAL REGISTER                    service address of the commenter or                   campaign communications generally
                                            contains notices to the public of the proposed          they will not be considered. The                      occur. NPRM at 73949. None of the
                                            issuance of rules and regulations. The                  Commission will post comments on its                  commenters on this rulemaking
                                            purpose of these notices is to give interested          Web site after the comment period ends.               provided empirical data in response to
                                            persons an opportunity to participate in the                                                                  the Commission’s request. One joint
                                                                                                    FOR FURTHER INFORMATION CONTACT: Mr.
                                            rule making prior to the adoption of the final
                                                                                                    Brad C. Deutsch, Assistant General                    comment did provide, however, a
                                                                                                    Counsel, Mr. Ron B. Katwan or Ms. Esa                 compilation of selected campaign
                                                                                                    L. Sferra, Attorneys, 999 E Street, NW.,              advertisements run before certain
                                            FEDERAL ELECTION COMMISSION                             Washington, DC 20463, (202) 694–1650                  elections that took place during several
                                                                                                    or (800) 424–9530.                                    recent election cycles.
                                            11 CFR Part 109                                         SUPPLEMENTARY INFORMATION: On                           The Commission held a public
                                                                                                    December 14, 2005, the Commission                     hearing on this rulemaking on January
                                            [Notice 2006–5]                                                                                               25–26, 2006, at which eighteen
                                                                                                    published a Notice of Proposed
                                            Coordinated Communications                              Rulemaking (‘‘NPRM’’) proposing to                    commenters testified. At the close of the
                                                                                                    amend its current rules at 11 CFR                     hearings, the Commission still had not
                                            AGENCY: Federal Election Commission.                    109.21 that set forth a three-prong test              received any empirical data regarding
                                            ACTION:Supplemental notice of                           for determining whether a                             the timing of campaign advertisements.
                                            proposed rulemaking; re-opening of                                                                              Therefore, the Commission is issuing
                                                                                                    communication is a coordinated
                                            comment period.                                                                                               this Supplemental Notice of Proposed
                                                                                                    communication, and therefore an in-
                                                                                                                                                          Rulemaking (‘‘SNPRM’’) to invite
                                                                                                    kind contribution to a candidate, a
                                            SUMMARY: The Federal Election                                                                                 comment on data that the Commission
                                                                                                    candidate’s authorized committee, or a
                                            Commission is making public data                                                                              has now licensed from TNS Media
                                                                                                    political party committee. 70 FR 73946
                                            related to its ongoing rulemaking                                                                             Intelligence/CMAG. These data, which
                                                                                                    (Dec. 14, 2005). The NPRM proposed
                                            regarding coordinated communications                                                                          can be accessed from the Commission’s
                                                                                                    seven different alternatives for revising
                                            and is re-opening the public comment                                                                          Web site at
                                                                                                    the content prong of the coordinated                  law_rulemakings.shtml#coordinated,
                                            period for the Notice of Proposed
                                                                                                    communications test in response to the                provide information regarding television
                                            Rulemaking (‘‘NPRM’’) published on
                                                                                                    decisions in Shays v. FEC, 337 F. Supp.               advertising spots run by Presidential,
                                            December 14, 2005. The Commission
                                                                                                    2d 28 (D.D.C. 2004) (‘‘Shays District’’),             Senate, and House candidates during
                                            requests additional comments on
                                                                                                    aff’d, Shays v. FEC, 414 F.3d 76 (D.C.                the 2004 election cycle. The
                                            alternatives presented in the NPRM in
                                                                                                    Cir. 2005) (‘‘Shays Appeal’’) (pet. for               Commission has also provided graphical
                                            light of data regarding the timing of
                                                                                                    reh’g en banc denied Oct. 21, 2005) (No.              representations of these data, which are
                                            campaign advertising in recent
                                                                                                    04–5352). In Shays Appeal, the Court of               also available at this Web site address.
                                            elections. No final decision has been
                                                                                                    Appeals invalidated one aspect of the                   This SNPRM also re-opens the
                                            made by the Commission on the issues
                                                                                                    content prong—the 120-day time                        comment period for this rulemaking.
                                            presented in this rulemaking. Further
                                                                                                    frame—because the court believed that                 The Commission seeks additional
                                            information is provided in the
                                                                                                    the Commission had not provided an                    comment, in light of the information
                                            supplementary information that follows.
                                                                                                    adequate explanation and justification                presented by these data, on the issues
                                            DATES: Comments must be received on                     under the Administrative Procedure
                                            or before March 22, 2006.                                                                                     and questions raised in the NPRM
                                                                                                    Act. Shays Appeal at 100. The Court of                regarding the content prong time frame.
                                            ADDRESSES: All comments must be in                      Appeals emphasized that justifying the                See NPRM at 73948–52. Comments are
                                            writing, must be addressed to Mr. Brad                  120-day time frame (or any other time                 due on or before March 22, 2006.
                                            C. Deutsch, Assistant General Counsel,                  frame) requires the Commission to
                                            and must be submitted in either e-mail,                                                                         Dated: March 8, 2006.
                                                                                                    undertake a factual inquiry to determine
                                            facsimile, or paper copy form.                                                                                Michael E. Toner,
                                                                                                    the appropriate time frame regarding
                                            Commenters are strongly encouraged to                   ‘‘election-related advocacy.’’ Id. at 102.            Chairman, Federal Election Commission.
                                            submit comments by e-mail or fax to                        The Court of Appeals ordered the                   [FR Doc. 06–2551 Filed 3–14–06; 8:45 am]
                                            ensure timely receipt and consideration.                Commission to consider carefully                      BILLING CODE 6715–01–P
                                            E-mail comments must be sent to either                  certain questions in promulgating new
                                   or submitted                       rules, including: ‘‘Do candidates in fact
                                            through the Federal eRegulations Portal                 limit campaign-related advocacy to the                FEDERAL HOUSING FINANCE BOARD
                                            at If e-mail                four months surrounding elections, or
                                            comments include an attachment, the                     does substantial election-related                     12 CFR Parts 900, 917, 925, 930, 931
                                            attachment must be in either Adobe                      communication occur outside that                      and 934
                                            Acrobat (.pdf) or Microsoft Word (.doc)                 window? Do congressional, senatorial,                 [No. 2006–03]
                                            format. Faxed comments must be sent to                  and presidential races—all covered by
                                            (202) 219–3923, with paper copy follow-                 this rule—occur on the same cycle, or                 RIN 3069–AB30
sroberts on PROD1PC70 with PROPOSALS

                                            up. Paper comments and paper copy                       should different rules apply to each?’’               Excess Stock Restrictions and
                                            follow-up of faxed comments must be                     Shays Appeal, 414 F.3d at 102.                        Retained Earnings Requirements for
                                            sent to the Federal Election                               In the NPRM, the Commission
                                                                                                                                                          the Federal Home Loan Banks
                                            Commission, 999 E Street, NW.,                          specifically requested that commenters
                                            Washington, DC 20463. All comments                      submit empirical data showing the time                AGENCY:    Federal Housing Finance
                                            must include the full name and postal                   period before an election during which                Board.

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