Unknown. Final rules

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-11-03.xml --- 69 212 Wednesday, November 3, 2004 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Sweet cherries grown in— Washington, 63958-63960 04-24443 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service Antitrust Antitrust Division NOTICES National cooperative research notifications: 3-A Sanitary Standards, Inc., 64102 04-24567 Air Conditioning Contractors of America Educational Institute, Inc., 64102-64103 04-24565 American Gas Association, 64103 04-24557 American Welding Society, Inc., 64103 04-24559 Automotive Glass Replacement Safety Standards Council, 64103 04-24564 Blu-Ray Disc Association, 64103-64104 04-24563 Cold Formed Parts and Machine Institute, 64104 04-24570 Compressed Gas Association, Inc., 64104 04-24573 Consumer Electronics Association, 64104 04-24578 DSL Forum, 64104-64105 04-24572 EOS/ESD Association, Inc., 64105 04-24566 Health Level Seven, Inc., 64105 04-24568 Institute of Electrical and Electronics Engineers, 64105 04-24561 International Electrical Testing Association, 64106 04-24562 Kitchen Cabinet Manufacturers Association, 64106 04-24577 Mobile Imaging and Printing Consortium, Inc., 64106 04-24571 Multiservice Switching Forum, 64106-64107 04-24579 National Multi Housing Council, 64107 04-24576 North American Energy Standards Board, 64107 04-24558 Packaging Machinery Manufacturers Institute, Inc., 64107 04-24569 Security Industry Association, 64107-64108 04-24560 Storage Networking Industry Association, 64108 04-24574 World Airline Entertainment Association, 64108 04-24575 Census Census Bureau NOTICES Surveys, determinations, etc.:

Retail trade survey; annual, 64025 04-24504 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: National Center for Chronic Disease Prevention and Health Promotion Conference Support Program, 64057-64062 04-24513 People with disabilities; preventing secondary conditions and promoting health; State implementation projects, 64062-64067 04-24514 Meetings: Injury Prevention and Control Advisory Committee, 64067 04-24515 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Child Welfare Services State Grants Program, 64068 04-24350 Coast Guard Coast Guard PROPOSED RULES Pollution: Marine liquefied natural gas spills; thermal and vapor dispersion exclusion zones; rulemaking petition, 63979 04-24454 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 64023-64025 04-24489 04-24491 Commission of Fine Commission of Fine Arts NOTICES Meetings, 64034 04-24512 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Chinese imports— Cotton trousers; safeguard action request, 64034-64035 04-24653 Consumer Consumer Product Safety Commission NOTICES Settlement agreements: Dynacraft BSC, Inc., 64035-64039 04-24580 Customs Customs and Border Protection Bureau NOTICES Senior Executive Service: Performance Review Board; membership, 64084 04-24500 Defense Defense Department NOTICES Meetings: Electron Devices Advisory Group, 64039 04-24474 Science Board task forces; canceled, 64039 04-24471 Senior Executive Service:

Performance Review Board; membership, 64039-64040 04-24472 Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 64108-64110 04-24486 04-24488 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Training of Interpreters for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf-Blind Program, 64239-64243 04-24584 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs:

Ambient air quality standards, national— Air quality designations and classifications; 8-hour ozone; early action compact areas with deferred effective dates; correction, 64133-64134 C4-9152 Air quality implementation plans; approval and promulgation; various States: Iowa, 63947-63950 04-24532 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: QST 2808, bacillus pumilus strain, 63950-63954 04-24250 Thifensulfuron-methyl, 63954-63957 04-24249 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Iowa, 63981 04-24531 NOTICES Agency information collection activities; proposals, submissions, and approvals, 64047-64052 04-24527 04-24530 Pesticide programs: Risk assessments— Nitrapyrin, 64052-64054 04-24420 Pesticide registration, cancellation, etc.: BASF Corp., 64054-64056 04-24248 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Airbus, 63960-63962 04-24534 Boeing, 63963-63968 04-24540 04-24544 Bombardier, 63968-63970 04-24543 Empresa Brasileira de Aeronautica S.A.

(EMBRAER); withdrawn, 63962-63963 04-24539 Class E airspace, 63970-63979 04-24455 04-24461 NOTICES Aeronautical land-use assurance; waivers: Rusk County Airport, TX, 64126 04-24462 Meetings: RTCA, Inc., 64126-64127 04-24463 Federal Election Federal Election Commission RULES Bipartisan Campaign Reform Act; implementation: Coordinated and independent expenditures by party committees, 63919-63921 04-24475 Federal Energy Federal Energy Regulatory Commission NOTICES Alaska Natural Gas Pipeline Act:

Alaska natural gas transportation projects; regulations governing conduct of open seasons; rulemaking schedule, 64040 04-24470 Electric rate and corporate regulation filings, 64040-64044 E4-2983 E4-2989 Environmental statements; notice of intent: Colorado Interstate Natural Gas Co., 64044-64046 E4-2984 Meetings: Golden Pass and Vista del Sol LNG Terminals, L.P.; technical conference, 64046-64047 E4-2985 *Applications, hearings, determinations, etc.:* Eastern American Energy Corp., 64040 E4-2986 FMC Federal Maritime Commission PROPOSED RULES Ocean shipping in foreign commerce:

Non-vessel-operating common carrier service arrangements, 63981-63997 04-24467 NOTICES Ocean transportation intermediary licenses: Starlink Consolidation Service, Inc., et al., 64056 04-24545 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards: Drivers’ hours of service and records of duty status; supporting documents requirements, 63997-64015 04-24176 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 64056 04-24477 Formations, acquisitions, and mergers, 64056-64057 04-24476 FTC Federal Trade Commission RULES Fair and Accurate Credit Transactions Act; implementation: Identity theft provisions, 63922-63934 04-24589 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 64127 04-24464 Fine Arts Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service NOTICES Meetings:

Hanford Reach National Monument Federal Planning Advisory Committee, 64094 04-24612 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 64068-64074 04-24444 04-24448 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 64016 04-24442 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Florida S.

B. Marketing Worldwide, Inc.; apparel printing, 64025-64026 04-24551 Texas ExxonMobil Corp.; oil refinery complex, 64026 04-24550 Forest Forest Service NOTICES Appealable decisions; legal notice; Southern Region, 64016-64018 04-24506 Environmental statements; notice of intent: Bitterroot National Forest, MT, 64019-64020 04-24508 Coconino National Forest, AZ, 64020-64022 04-24510 Wasatch-Cache National Forest, UT and WY, 64022-64023 04-24507 Meetings: Resource Advisory Committees— Crook County, 64023 04-24509 GSA General Services Administration NOTICES Acquisition regulations:

Solicitation mailing list application (SF 129); form revised, 64057 04-24526 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See National Communications System See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 64091-64094 E4-2992 E4-2993 E4-2994 Grants and cooperative agreements; availability, etc.: HOPE VI Revitalization of Severely Distressed Public Housing Program, 64135-64224 04-24275 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 64094-64095 04-24518 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Bottle-grade polyethylene terephthalate resin from— Indonesia, 64026-64027 E4-2998 Circular welded carbon quality line pipe from— Korea, 64027-64028 E4-3000 Freshwater crawfish tail meat from— China, 64028-64029 E4-2997 Honey from— China, 64029-64030 E4-2996 Purified Carboxymethylcellulose from— Various countries, 64030-64031 E4-2999 International International Trade Commission NOTICES Import investigations: North American Free Trade Agreement (NAFTA)— Sanitary articles of tri-lobal rayon staple fibers; effect of rules of origin modification, 64101-64102 04-24478 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Labor-Management Standards Office See Mine Safety and Health Administration MISSING FOR:

Labor-Management Standards Office Labor-Management Standards Office PROPOSED RULES Standards of conduct: Federal sector labor organizations, 64225-64231 04-24451 NOTICES Union organization and voting rights; labor organization characterization as local, intermediate, or national or international; criteria, 64233-64238 04-24452 Land Land Management Bureau NOTICES Recreation management restrictions, etc.: Crystal Cave, UT; seasonal closure and permit system, 64095-64096 04-24662 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

Apple Jacks Coal Co., Inc., et al., 64110 04-24523 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 64110-64111 04-24449 Committees; establishment, renewal, termination, etc.: Exploration Systems Advisory Committee, 64111 04-24450 National Archives National Archives and Records Administration PROPOSED RULES Records management: Electronic mail and records; management and disposition, 63980-63981 04-24403 NOTICES Agency information collection activities; proposals, submissions, and approvals, 64111-64112 04-24441 Agency records schedules; availability, 64112-64113 04-24501 National Communications National Communications System NOTICES Meetings:

Telecommunications Service Priority System Oversight Committee, 64091 04-24505 National Highway National Highway Traffic Safety Administration RULES Motor vehicle theft prevention standard: Passenger motor vehicle theft data (2002 CY) Correction, 63957 04-24465 Organization and delegation of powers and duties: Succession to administrator, 63957 04-24525 NOTICES Motor vehicle safety standards: Exemption petitions, etc.— US SPECS, 64127-64129 04-24466 Wallace Environmental Testing Laboratories, Inc., 64129-64130 04-24549 NIH National Institutes of Health NOTICES Meetings:

Improving end-of-life care; state-of-the-science conference, 64074-64075 04-24479 National Heart, Lung, and Blood Institute, 64075 04-24485 National Institute of Diabetes and Digestive and Kidney Diseases, 64075-64076 04-24482 Scientific Review Center, 64076-64081 04-24483 04-24484 Organization, functions, and authority delegations: Ethics Office, 64081 04-24480 NOAA National Oceanic and Atmospheric Administration NOTICES Grants and cooperative agreements; availability, etc.:

Ballast Water Technology Demonstration Program and National Strategic Initiative in Aquatic Invasive Species Research and Outreach, 64031 04-24536 Gulf of Mexico Oyster Industry Program, 64032 04-24537 Oyster Disease Research Program, 64032 04-24535 Meetings: National Sea Grant Review Panel, 64032-64033 04-24538 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 64113 04-24533 Nuclear Nuclear Regulatory Commission NOTICES Regulatory guides; issuance, availability, and withdrawal, 64115-64116 04-24494 *Applications, hearings, determinations, etc.:* STP Nuclear Operating Co., 64113-64115 04-24493 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 64033 04-24511 Senior Executive Service:

Performance Review Board; membership, 64033-64034 04-24554 Postal Postal Service RULES International Mail Manual: International Priority Mail and International Surface Air Lift mailers; discontinuance of volume discount rates, 63946-63947 04-23997 Presidential Presidential Documents ADMINISTRATIVE ORDERS Albania; obligation of Cooperative Threat Reduction funds (Presidential Determination No. 2005-05 of October 20, 2004), 63917 04-24672 Public Public Health Service NOTICES Meetings:

National Toxicology Program— In vitro testing methods for identifying potential ocular irritants; current validation status assessment, 64081-64082 04-24481 Reclamation Reclamation Bureau NOTICES Meetings: Colorado River reservoirs; long-range operating criteria; review, 64096-64101 04-24552 Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 64130-64131 04-24524 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 64116-64117 E4-2987 Investment Company Act of 1940:

Asset Alliance Advisors, Inc., et al., 64117-64118 E4-2990 Pacific Life Insurance Co., et al., 64119-64123 E4-2991 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc.; correction, Z4-02709 National Securities Clearing Corp., 64123-64124 E4-2988 SBA Small Business Administration RULES Standards of conduct and employee restrictions and responsibilities, 63921-63922 04-24498 NOTICES Disaster loan areas: West Virginia, 64124 04-24496 Meetings:

Regulatory Fairness Boards— Region VII; Public Roundtable, 64124 04-24497 Small business size standards: Nonmanufacturer rule; waivers— Power-driven handtool manufacturing, 64124-64125 04-24499 State State Department RULES Information and records; availability to public, 63934-63946 04-24581 NOTICES Agency information collection activities; proposals, submissions, and approvals, 64125 04-24547 Meetings: International Law Advisory Committee, 64125-64126 04-24548 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 64083-64084 04-24516 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Red River Valley & Western Railroad Co., 64131-64132 04-24502 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board U.S. U.S. Citizenship and Immigration Services NOTICES Temporary protected status program designations; terminations, extensions, etc.:

Honduras, 64084-64088 04-24608 Nicaragua, 64088-64091 04-24607 Separate Parts In This Issue Part II Housing and Urban Development Department, 64135-64224 04-24275 Part III Labor Department, Labor-Management Standards Office, 64225-64231 04-24451 Part IV Labor Department, Labor-Management Standards Office, 64233-64238 04-24452 Part V Education Department, 64239-64243 04-24584 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 212 Wednesday, November 3, 2004 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Parts 102, 106, and 109 [Notice 2004-14] Coordinated and Independent Expenditures by Party Committees AGENCY: Federal Election Commission.

ACTION: Final rules. SUMMARY: The Federal Election Commission is removing its rules restricting the ability of political party committees to make both independent expenditures and coordinated party expenditures with respect to the same candidate's general election campaign for Federal office. The Commission is also repealing its rules prohibiting political party committees that make coordinated party expenditures with respect to a candidate from transferring funds to, or assigning authority to make coordinated party expenditures to, or receiving a transfer of funds from, a political party committee that has made or intends to make an independent expenditure with respect to that candidate.

These rules were originally promulgated to implement section 213 of the Bipartisan Campaign Reform Act of 2002. However, in *McConnell* v. *FEC,* the U.S. Supreme Court held that section 213 is unconstitutional. Therefore, the Commission is now removing the rules implementing section 213. Further information is provided in the SUPPLEMENTARY INFORMATION that follows. DATES: *Effective Date:* December 3, 2004. FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General Counsel, or Mr.

Ron B. Katwan, Attorney, 999 E Street NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: The Notice of Proposed Rulemaking (“NPRM”), on which these final rules are based, was published in the **Federal Register** on June 30, 2004. 69 *FR* 39,373 (June 30, 2004). The comment period closed on July 30, 2004. The Commission received three written comments on the proposed rules. These Final Rules are identical to the rules proposed in the NPRM. Under the Administrative Procedures Act, 5 U.S.C. 553(d), and 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, and publish them in the **Federal Register** at least 30 calendar days before they take effect. The final rules that follow were transmitted to Congress on October 28, 2004. Explanation and Justification To conform its regulations to the Supreme Court's invalidation of section 213 of the Bipartisan Campaign Reform Act of 2002 (Pub. L. 107-155 (Mar. 27, 2002)) (“BCRA”) in *McConnell* v. *FEC,* 540 U.S. 93, 199-205 (2003), the Commission is removing its regulations at 11 CFR 109.35 and deleting any cross-references to that section in other regulations. I. 11 CFR 102.6—Transfer of Funds; Collecting Agents The Commission is revising section 102.6 by deleting the cross-reference to section 109.35, which is being removed. II. 11 CFR 106.8—Allocation of Expenses for Political Party Committee Phone Banks That Refer to Clearly Identified Federal Candidate The Commission is revising section 106.8 by deleting the cross-reference to section 109.35, which is being removed. III. 11 CFR 109.30—How Are Political Party Committees Treated for Purposes of Coordinated and Independent Expenditures? The Commission is revising section 109.30 by deleting the cross-references to section 109.35, which is being removed. IV. 11 CFR 109.33—May a Political Party Committee Assign Its Coordinated Party Expenditure Authority to Another Political Party Committee? The Commission is revising section 109.33 by deleting the cross-reference to section 109.35, which is being removed. V. 11 CFR 109.35—What Are the Restrictions on a Political Party Committee Making Both Independent Expenditures and Coordinated Party Expenditures in Connection With the General Election of a Candidate? Under the Federal Election Campaign Act of 1971 (the “Act”), as amended, 2 U.S.C. 431 *et seq.* , a national committee, State committee, or a subordinate committee of a State committee of a political party may make expenditures in coordination with a Federal candidate for that candidate's general election campaign 1 up to prescribed limits without these expenditures counting against the party committee's contribution limits. 2 U.S.C. 441a(d)(1)-(3); 11 CFR 109.32. While the Act limits coordinated expenditures, the Supreme Court has determined that political party committees may make unlimited “independent expenditures,” 2 which are not coordinated with a candidate or a candidate's authorized committees or agents. *See Colorado Republican Federal Campaign Committee* v. *FEC,* 518 U.S. 604

(1996)(“Colorado I”). 3 1 *See* 2 U.S.C. 441a(a)(7)(B)(i)-(ii) for a definition of coordinated party expenditures. *See also* 11 CFR 109.20(b). 2 “Independent expenditure” is defined in 2 U.S.C. 431(17) *See also* 11 CFR 100.16. 3 The holding of Colorado I is limited to independent expenditures in connection with Congressional campaigns. The opinion in Colorado I did not address the issue of whether regulation of independent expenditures is constitutionally permissible in connection with Presidential campaigns. (“Since this case involves only the provision concerning congressional races we do not address issues that might grow out of the public funding of presidential campaigns.”) 518 U.S. at 612. Thus, the opinion in Colorado I did not reach the issue of whether former 11 CFR 110.7(a)(5) which prohibited independent expenditures by the national committee of a political party in connection with a Presidential campaign was constitutional. Subsequently, however, BCRA effectively repealed section 110.7(a)(5) and the Commission replaced the section with 11 CFR 109.36, which prohibits a national committee of a political party from making independent expenditures in connection with a presidential campaign only in certain circumstances in which the national committee of a political party serves as the principal campaign committee or authorized committee of its Presidential candidate. *See* Coordinated and Independent Expenditures; Final Rules, 68 *FR* 421, 447-48 (January 3, 2003). BCRA section 213 amended 2 U.S.C. 441a(d), by prohibiting political party committees, under certain conditions, from making both coordinated party expenditures and independent expenditures with respect to the same candidate, and from making transfers and assignments to other political party committees. 2 U.S.C. 441a(d)(4). In 2002, the Commission promulgated rules at 11 CFR 109.35 to implement BCRA section 213. Coordinated and Independent Expenditures, Final Rules, 68 *FR* 421, 422 (January 3, 2003). Subsequently, in *McConnell* v. *FEC,* the Supreme Court found BCRA section 213 unconstitutional. The Court held that by requiring political parties to choose between coordinated and independent expenditures during the post-nomination, pre-election period, BCRA section 213 placed an unconstitutional burden on the parties' right to make unlimited independent expenditures. 540 U.S. at 199-205. Accordingly, the NPRM proposed removing the regulations at 11 CFR 109.35, which implemented BCRA section 213. The Commission received three comments on this rulemaking. The Internal Revenue Service submitted a comment informing the Commission that it had no comments. A second comment, while urging the Commission to remove the regulations implementing BCRA section 213 on the grounds that it was unconstitutional, primarily addressed issues beyond the scope of this rulemaking. A third brief comment concerned issues also not within the scope of this rulemaking. The Commission received no comments opposing the removal of its regulations at 11 CFR 109.35 as proposed in the NPRM. Accordingly, the Commission is removing and reserving section 109.35 because the statutory foundation for this section, 2 U.S.C. 441a(d)(4), has been invalidated by the Supreme Court in *McConnell* v. *FEC.* VI. 11 CFR 109.36—Are There Circumstances Under Which a Political Party Committee Is Prohibited From Making Independent Expenditures? The Commission is revising section 109.36 by deleting the word “additional” in the heading of section 109.36, because, as a result of the removal of section 109.35, the circumstances described in section 109.36 are the only circumstances under which a political party committee is prohibited from making independent expenditures. Certification of No Effect Pursuant to 5 U.S.C. 605(b) [Regulatory Flexibility Act] The attached rules will not have a significant economic impact on a substantial number of small entities. The basis of this certification is that the national, State, and local party committees of the two major political parties are not small entities under 5 U.S.C. 601 because they are not small businesses, small organizations, or small governmental jurisdictions. To the extent that political party committees may fall within the definition of “small entities,” their number is not substantial. In addition, the rules do not add but remove restrictions applicable to political party committees. List of Subjects 11 CFR Part 102 Political committees and parties, reporting and recordkeeping requirements. 11 CFR Part 106 Political candidates, campaign funds, political committees and parties. 11 CFR Part 109 Coordinated expenditures, independent expenditures, political committees and parties. For the reasons set out in the preamble, the Federal Election Commission is amending Subchapter A of Chapter I of Title 11 of the *Code of Federal Regulations* as follows: PART 102—REGISTRATION, ORGANIZATION, AND RECORDKEEPING BY POLITICAL COMMITTEES (2 U.S.C. 433) 1. The authority citation for part 102 continues to read as follows: Authority: 2 U.S.C. 432, 433, 434(a)(11), 438(a)(8), 441d. 2. Section 102.6 is amended by revising paragraph (a)(1)(ii) to read as follows: § 102.6 Transfers of funds; collecting agents.

(a)* * *

(1)* * *

(ii)Subject to the restrictions set forth at 11 CFR 300.10(a), 300.31 and 300.34(a) and (b), transfers of funds may be made without limit on amount between or among a national party committee, a State party committee and/or any subordinate party committee whether or not they are political committees under 11 CFR 100.5 and whether or not such committees are affiliated. PART 106—ALLOCATIONS OF CANDIDATE AND COMMITTEE ACTIVITIES 3. The authority citation for part 106 continues to read as follows: Authority: 2 U.S.C. 438(a)(8), 441a(b), 441a(g). 4. Section 106.8 is amended by revising paragraph (b)(2)(ii) to read as follows: § 106.8 Allocation of expenses for political party committee phone banks that refer to a clearly identified Federal candidate.

(b)* * *

(2)* * *

(ii)A coordinated expenditure or an independent expenditure, subject to the limitations, restrictions, and requirements of 11 CFR 109.10, 109.32, and 109.33; or PART 109—COORDINATED AND INDEPENDENT EXPENDITURES (2 U.S.C. 431(17), 441a(a) AND (d), AND PUB. L. 107-155 SEC. 214(c)) 5. The authority citation for Part 109 continues to read as follows: Authority: 2 U.S.C. 431(17), 434(c), 438(a)(8), 441a, 441d; Sec. 214(c) of Pub. L. 107-155, 116 Stat. 81. 6. Section 109.30 is revised to read as follows: § 109.30 How are political party committees treated for purposes of coordinated and independent expenditures? Political party committees may make independent expenditures subject to the provisions in this subpart. *See* 11 CFR 109.36. Political party committees may also make coordinated party expenditures in connection with the general election campaign of a candidate, subject to the limits and other provisions in this subpart. *See* 11 CFR 109.32 through 11 CFR 109.34. 7. Section 109.33 is amended by revising paragraph

(a)to read as follows: § 109.33 May a political party committee assign its coordinated party expenditure authority to another political party committee?

(a)*Assignment.* The national committee of a political party and a State committee of a political party, including any subordinate committee of a State committee, may assign its authority to make coordinated party expenditures authorized by 11 CFR 109.32 to another political party committee. Such an assignment must be made in writing, must state the amount of the authority assigned, and must be received by the assignee committee before any coordinated party expenditure is made pursuant to the assignment. 8. Section 109.35 is removed and reserved. § 109.35 [Removed and reserved] 9. Section 109.36 is amended by revising the heading to read as follows: § 109.36 Are there circumstances under which a political party committee is prohibited from making independent expenditures? Dated: October 28, 2004. Bradley A. Smith, Chairman, Federal Election Commission. [FR Doc. 04-24475 Filed 11-2-04; 8:45 am]

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