Unknown. Final rules and transmittal of regulations to Congress

4,857 words·~22 min read·/register/2005/03/18/05-5391

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-03-18.xml --- 70 52 Friday, March 18, 2005 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Foreign Agricultural Service See Forest Service NOTICES Meetings: USDA Technology and eGovernment Advisory Council, 13159 05-5405 Animal Animal and Plant Health Inspection Service RULES Agricultural Bioterrorism Protection Act: Biological agents and toxins; possession, use, and transfer of select agents and toxins, 13241-13292 05-5063 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13159-13160 05-5065 Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Trifluoromethylepinephrine compounds and methods of making and using, 13183-13184 05-5328 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 13167-13168 05-5427 Committees; establishment, renewal, termination, etc.: 2010 Census Advisory Committee, 13168-13169 05-5392 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 13197-13198 05-5384 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Coast Guard Coast Guard RULES Boating safety:

Numbering of vessels; terms imposed by States, 13102-13105 05-5337 Drawbridge operations: New Jersey, 13101-13102 05-5338 PROPOSED RULES Regattas and marine parades: Dania Beach/Hollywood Super Boat Race, 13122-13124 05-5336 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13166-13167 05-5425 05-5426 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 13164-13166 E5-1191 E5-1192 Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 05-5485 05-5486 13178-13179 05-5487 05-5488 05-5489 Consumer Consumer Product Safety Commission NOTICES Settlement agreements: Polaris Industries, Inc., 13179 05-5354 Defense Defense Department See Army Department NOTICES Arms sales notification; transmittal letter, etc., 13179-13182 05-5430 Meetings: Electron Devices Advisory Group, 13182-13183 05-5432 National Defense University Board of Visitors, 13183 05-5431 Employment Employment and Training Administration NOTICES Committees; establishment, renewal, termination, etc.:

Apprenticeship Advisory Committee, 13209 05-5357 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13209-13210 05-5356 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 13210-13211 05-5030 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs; State authority delegations: Texas, 13108-13116 05-5411 Air quality implementation plans; approval and promulgation; various States:

Ohio, 13105-13108 05-5409 PROPOSED RULES Air programs; State authority delegations: Texas, 13127 05-5412 Air quality implementation plans; approval and promulgation; various States: Arizona, 13125-13127 05-5407 Ohio, 13124-13125 05-5408 Hazardous waste program authorizations: Texas, 13127-13139 05-5410 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 13190-13191 05-5418 Weekly receipts, 13189-13190 05-5417 Grants and cooperative agreements; availability, etc.:

Environmental Education Training Program, 13191-13195 05-5413 Partnership to Promote Innovation in Environmental Practice; correction, 13195 05-5414 Meetings: Science Advisory Board, 13195-13196 05-5415 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 13094-13095 05-5140 McDonnell Douglas, 13092-13093 05-5141 Class E airspace; correction, 13240 C5-4654 Standard instrument approach procedures, 13095-13097 05-5343 NOTICES Airport noise compatibility program:

Noise exposure maps— Capital City Airport, MI, 13224-13225 05-5341 Meetings: Restricted category aircraft; certification policy, 13225 05-5339 Reports and guidance documents; availability, etc.: Critical engine and propeller parts; parts manufacturer approval; design approval procedures; policy statement, 13225-13226 05-5340 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Pennsylvania; correction, 13116 05-5401 Radio stations; table of assignments:

Oklahoma and Texas, 13116-13117 05-5400 PROPOSED RULES Radio services, special: Private land mobile services— 900 MHz band; Business and Industrial Land Transportation Pools channels; flexible use, 13143-13151 05-5406 Television broadcasting: Digital television— Television receiver tuner requirements, 13139-13143 05-5402 NOTICES Committees; establishment, renewal, termination, etc.: Technological Advisory Council, 13196-13197 05-5403 Federal Election Federal Election Commission RULES Designations, reports, and statements; priority mail, express mail, and overnight delivery service timely filing, 13089-13091 05-5391 NOTICES Meetings;

Sunshine Act, 13197 05-5479 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Alabama, 13200 05-5373 Kentucky, 13200-13201 05-5374 Nevada, 13201 05-5376 Ohio, 13201 05-5375 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 13184-13185 E5-1180 Environmental statements; notice of intent: CenterPoint Energy Gas Transmission Co., 13185-13187 E5-1179 Hydroelectric applications, 13187-13189 E5-1177 E5-1178 *Applications, hearings, determinations, etc.:* Columbia Natural Resources, LLC, 13184 E5-1205 Panhandle Eastern Pipe Line Co., LP, 13184 E5-1176 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 13197 05-5423 Complaints filed:

SAT International Corp., 13197 05-5424 Federal Railroad Federal Railroad Administration RULES Railroad safety: Locomotive horns use at highway-rail grade crossings; sounding requirement; effective date change, 13117 05-5362 NOTICES Exemption petitions, etc.: Metro North Railroad, 13226 05-5364 Norfolk Southern Corp., 13226-13227 05-5363 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Poly(2-vinylpyridine-co-styrene) and salts of volatile fatty acids; technical amendment, 13099-13100 05-5344 Tiamulin soluble powder, 13098-13099 05-5380 Food Food and Nutrition Service NOTICES Child nutrition programs:

National School Lunch, Commodity School, School Breakfast, Special Milk, Child and Adult Care, and Summer Food Service Programs— Income eligibility guidelines, 13160-13163 05-5393 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: Gollott's Oil Dock & Ice House, Inc.; correction, 13163 05-5359 Forest Forest Service NOTICES Environmental statements; notice of intent: Deschutes National Forest, OR, 13163-13164 05-5292 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health RULES Quarantine, inspection, and licensing:

Select agents and toxins; possession, use, and transfer, 13293-13325 05-5216 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Healthy Start Program, 13198 05-5378 Meetings: Heritable Disorders and Genetic Diseases in Newborns and Children Advisory Committee, 13198-13199 05-5377 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal property, 13202-13203 05-5042 Inspector Inspector General Office, Health and Human Services Department RULES Quarantine, inspection, and licensing: Select agents and toxins; possession, use, and transfer, 13293-13325 05-5216 Interior Interior Department See Land Management Bureau NOTICES National Environmental Policy Act; implementation: Departmental Manual; procedures changes, 13203-13206 05-5416 IRS Internal Revenue Service RULES Income taxes:

Qualified dividend income; election to treat as investment income, 13100-13101 05-5433 NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-1187 13232-13233 E5-1189 E5-1190 Grants and cooperative agreements; availability, etc.: Low Income Taxpayer Clinic Grant Program, 13233-13234 05-4881 Meetings: Taxpayer Advocacy Panels, 13234-13235 E5-1188 International International Trade Administration NOTICES North American Free Trade Agreement (NAFTA); binational panel reviews:

Durum and hard red spring wheat from— Canada, 13169-13170 05-5358 International International Trade Commission NOTICES Import investigations: Plastic food containers, 13206-13208 05-5389 Yarns and fabrics from— Singapore, 13208-13209 05-5390 Meetings; Sunshine Act, 13209 05-5516 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Survey plat filings: Oregon and Washington, 13206 05-5355 Maritime Maritime Administration NOTICES Environmental statements; availability, etc.:

Port of Anchorage Marine Terminal Redevelopment Project, AK, 13227 05-5335 Mississippi Mississippi River Commission NOTICES Meetings; Sunshine Act; correction, 13240 C5-4818 NASA National Aeronautics and Space Administration NOTICES Meetings: International Space Station Strategic Roadmap Committee, 13211 05-5395 Nuclear Systems Strategic Roadmap Committee, 13211 05-5394 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 13212 05-5404 National Highway National Highway Traffic Safety Administration NOTICES Anthropomorphic test devices:

Occupant crash protection— Hybrid III test dummies; fifth percentile female adult dummy; design and performance specifications; reconsideration petition denied, 13227-13229 05-5342 Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 13229-13231 05-5420 05-5421 National Institute National Institute of Standards and Technology NOTICES Meetings: Fire resistive materials for structural steel; industry consortium; establishment, 13170 05-5397 Fire retardant foam flammability; cooperative research and development consortium; establishment, 13170-13171 05-5396 Information Security and Privacy Advisory Board, 13171 05-5398 NIH National Institutes of Health NOTICES Meetings:

National Cancer Institute, 05-5371 13199 05-5372 National Institute of Child Health and Human Development, 13199-13200 05-5369 05-5370 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands king and tanner crab; correction, 13097-13098 05-5349 Pollock, 13119-13120 05-5345 Yellowfin sole, 13120-13121 05-5422 Caribbean, Gulf, and South Atlantic fisheries— Spanish mackerel, 13117-13118 05-5347 West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 13118-13119 05-5350 PROPOSED RULES Endangered and threatened species:

Findings on petitions, etc.— Elkhorn, staghorn, and fused-staghorn coral, 13151-13152 05-5346 Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— King mackerel, 13152-13155 05-5351 Northeastern United States fisheries— Monkfish, 13156-13158 05-5348 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 13171 E5-1181 Pacific Fishery Management Council, 13172-13173 E5-1182 Permits: Exempted fishing, 13173-13175 E5-1186 E5-1193 Vessel monitoring systems; approved mobile transmitting units and communications service providers; list South Atlantic rock shrimp fishery, 13175-13178 05-5428 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 13212-13213 05-5467 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 13213-13215 05-5367 05-5368 Environmental statements; availability, etc.: Southern Nuclear Operating Co., Inc., 05-5365 13215-13216 05-5366 Meetings; Sunshine Act, 13216 05-5468 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 13216-13217 05-5419 SEC Securities and Exchange Commission RULES Investment companies:

Redeemable securities; mutual fund redemption fees, 13327-13342 05-5318 NOTICES Meetings; Sunshine Act, 13217 05-5463 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 13217-13222 E5-1185 Fixed Income Clearing Corp., 13222-13223 E5-1184 Pacific Exchange, Inc., 13223 E5-1183 Surface Surface Transportation Board NOTICES Railroad services abandonment: Tennessee Railway Co., 13231 05-5215 Technology Technology Administration NOTICES Meetings:

Radio frequency identification technology; workshop, 13178 05-5399 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed; weekly receipts, 13223 05-5353 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 13224 05-5352 Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-1194 13235-13239 E5-1195 E5-1196 E5-1197 E5-1198 Separate Parts In This Issue Part II Agriculture Department, Animal and Plant Health Inspection Service, 13241-13292 05-5063 Part III Health and Human Services Department, 13293-13325 05-5216 Part IV Securities and Exchange Commission, 13327-13342 05-5318 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. 70 52 Friday, March 18, 2005 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Parts 100 and 104 [Notice 2005-9] Filing Documents by Priority Mail, Express Mail, and Overnight Delivery Service AGENCY: Federal Election Commission.

ACTION: Final rules and transmittal of regulations to Congress. SUMMARY: The Federal Election Commission is promulgating amended rules regarding the timely filing of designations, reports, and statements. Under these final rules, the Commission will consider certain documents to be filed prior to actual receipt, if such documents are sent using Priority Mail, Express Mail, or delivered by an overnight delivery service. Further information is provided in the Supplementary Information that follows.

EFFECTIVE DATE: The effective date for the amendments to 11 CFR 100.19 and 104.5 is April 18, 2005. FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General Counsel, or Ms. Esa L. Sferra, Attorney, 999 E Street, NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: The Consolidated Appropriations Act, 2004, Pub. L. 108-199, div. F, tit. VI, § 641, 188 Stat. 3

(2004)(the “2004 Appropriations Act”) amended the Federal Election Campaign Act of 1971, as amended, 2 U.S.C. 431 *et seq.* , (“FECA”) to permit political committees and others required to file certain documents to use additional delivery options to satisfy the Commission's “timely filing” requirements for these documents filed with the Commission or the Secretary of the Senate. Section 434(a) of FECA previously permitted reliance on a U.S. Postal Service (“USPS”) postmark date as the date the Commission considers certain designations, reports, and statements timely filed, but only if the document was sent by either registered or certified mail. The 2004 Appropriations Act amended section 434(a) of FECA, 2 U.S.C. 434(a)(2)(A)(i), (4)(A)(ii), and (5), by allowing filers that use priority mail and express mail to treat the date of the USPS postmark as the date of filing, so long as the mailing has a delivery confirmation. The amendments to section 434(a) of FECA also allow filers using an overnight delivery service to treat the date of deposit with the overnight delivery service as the date of filing, so long as the overnight delivery service has an on-line tracking system. Accordingly, the Commission is amending 11 CFR 100.19, which specifies when a document is “timely filed,” and 11 CFR 104.5, which establishes due dates for reports. On December 22, 2004, the Commission published a Notice of Proposed Rulemaking (“NPRM”) in the **Federal Register** containing proposed rules to implement the 2004 Consolidated Appropriations Act's amendments to FECA. 69 FR 76626 (December 22, 2004). The Commission sought comments on the proposed changes and on several issues raised in the NPRM. The comment period ended January 21, 2005. The Commission received two comments, including a letter from the Internal Revenue Service indicating that it had “no comments.” These comments are available at *http://www.fec.gov/law/law_rulemakings.shtml#filing.htm* under “Filing Documents by Priority Mail, Express Mail, and Overnight Delivery Service.” Under the Administrative Procedure 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 March 11, 2005. Explanation and Justification I. 11 CFR 100.19. File, Filed or Filing Section 100.19 establishes filing deadlines for certain documents and sets out criteria for when those documents will be considered timely filed. Paragraph

(b)of section 100.19 specifies when a mailed document will be considered “timely filed” and is being revised and reorganized into three paragraphs as follows. Paragraph (b)(1) contains an amended definition of “timely filed.” Paragraph (b)(2) retains the requirement that documents sent by first-class mail must be received by the close of business on the prescribed filing date to be considered timely filed. Paragraph (b)(3) contains new definitions of “overnight delivery service” and “postmark.” A. 11 CFR 100.19(b)(1) Paragraph (b)(1) now specifies that any document required to be filed under Commission regulations, other than those specified in 11 CFR 100.19(c)-(g), 1 is considered “timely filed” so long as the document is postmarked 2 by the due date and is deposited:

(1)As registered or certified mail in an established U.S. Post Office;

(2)as Priority Mail or Express Mail with a delivery confirmation in an established U.S. Post Office; or

(3)with an overnight delivery service, so long as the document is scheduled to be delivered the next business day after the date of deposit and is recorded in the delivery service's on-line tracking system. 1 Certain types of documents are specifically excluded from the general definition of “timely filed” at 11 CFR 100.19(b) because they have their own particular filing dates and methods specified in sections 100.19 and 104.5 of the Commission's rules. These include 48-hour statements of last minute contributions, independent expenditure reports, and 24-hour statements of electioneering communications. 11 CFR 100.19(d), (e), and (f); 11 CFR 104.5(f), (g), and (j). Additionally, candidate notifications of expenditures from personal funds are considered filed only upon receipt by certain parties. 11 CFR 100.19(g). 2 As discussed below, the new definition of “postmark” includes a USPS postmark and the verifiable date of deposit with an overnight delivery service. The Commission received no comments on its initial interpretation that the references to “priority mail” and “express mail” in the 2004 Appropriations Act denote USPS Priority Mail and Express Mail because the terms are registered trademarks of USPS. 3 Accordingly, the final rules in paragraph (b)(1)(i)(B) reflect this interpretation. 3 *See http://www.usps.com/all/welcome.htm.* Regarding use of an overnight delivery service, the NPRM requested comment on whether the amended rules should permit filers who use an overnight delivery service to choose any delivery option offered by such a service, so long the filing is scheduled to be delivered within three business days from the date of deposit. Alternatively, the NPRM invited comment on whether filers who use an overnight delivery service should be limited to selecting only a next day delivery option offered by such a service. No commenters addressed this issue. The Commission concludes that it would be more consistent with the language of the 2004 Appropriations Act, which specifies use of “an *overnight* delivery service,” 2 U.S.C. 434(a), as amended by 2004 Appropriations Act (emphasis added), to require that filers using an overnight delivery service choose an overnight ( *i.e.* , next business day) option. Accordingly, the final rules at 11 CFR 100.19(b)(1)(i)(C) require filers using an overnight delivery service to select a next business day delivery option offered by such a service. For any filer who uses an overnight delivery service and wishes to treat the date of deposit as the date of filing, the 2004 Appropriations Act amendment to FECA requires that the filer use an overnight delivery service that has an on-line tracking system. Although the 2004 Appropriations Act requires that the overnight delivery service have an on-line tracking system, it does not specifically state that a filer must use such a system. No commenters addressed whether the rule should require the use of an on-line tracking system. Because an on-line tracking system will provide a means to settle a dispute that may arise concerning the timely filing of a document ( *i.e.* , the date of deposit), the Commission interprets the statutory requirement to mean that a filer must in fact choose a delivery option that includes tracking of the document, thereby providing the filer and the Commission, or any other person, with the ability to confirm deposit and delivery dates. 4 Accordingly, under amended 11 CFR 100.19(b)(1)(i)(C) a document deposited with an overnight delivery service must be recorded in that delivery service's on-line tracking system. The Commission received no comments about whether a definition of “on-line tracking system” is necessary. The Commission believes that the plain meaning of “on-line tracking system” refers to a publicly available Internet-based tracking system and that a definition is unnecessary. 4 Filers should retain proof of mailing or other means of transmittal of documents. See 11 CFR 104.5(i). Lastly, paragraph (b)(1)(ii) retains the requirement that a document must be postmarked 5 no later than 11:59 p.m. Eastern Standard/Daylight Time on the due date, with the exception that pre-election reports must be postmarked fifteen days before the election, which is three days earlier than the report's due date. 5 As discussed below, the new definition of “postmark” includes a USPS postmark and the verifiable date of deposit with an overnight delivery service. B. 11 CFR 100.19(b)(2) Paragraph (b)(2) continues to require that documents sent by first class mail must be received by the close of business on the prescribed filing date to be considered “timely filed.” However, new language in section 100.19(b)(2) clarifies that documents, other than those addressed in 11 CFR 100.19(c)-(g), sent by first class mail or by *any means* other than those specified in 11 CFR 100.19(b)(1) ( *i.e.* , by any means other than registered or certified mail, Priority Mail, Express Mail, or with an overnight delivery service) must be received by the close of business on the prescribed filing date in order to be considered “timely filed.” The Commission received no comment on this clarification and the clarifying language is almost identical to that proposed in the NPRM. C. 11 CFR 100.19(b)(3) New paragraph (b)(3) contains definitions of “overnight delivery service” and “postmark.” New paragraph (b)(3)(i) defines “overnight delivery service” as a private delivery service of established reliability that offers an overnight ( *i.e.* , next business day) delivery option. The Commission received no comments on this definition. This definition is consistent with new section 100.19(b)(1)(i)(C), discussed above, which requires filers using an overnight delivery service to select a next business day delivery option. New paragraph (b)(3)(ii) defines “postmark” to include both a USPS postmark, as well as the verifiable date that a document is deposited with an overnight delivery service because filers may now also treat the date of deposit with an overnight delivery service as the date of filing. 6 One comment specifically supported this definition of “postmark.” 6 Internal Revenue Service regulations and Department of Homeland Security regulations also define “postmark” to include private carrier postmarks. *See e.g.* , 26 CFR 301.7502-1(c)(1)(iii)(B) and 8 CFR 245a.12(a)(3) and (4); *see also* 50 CFR 600.10 (Wildlife and Fisheries regulations defining “postmark” as “independently verifiable evidence of the date of mailing, such as a U.S. Postal Service postmark, or other private carrier postmark, certified mail receipt, overnight mail receipt, or a receipt issued upon hand delivery * * *”). II. 11 CFR 104.5. Filing Dates Section 104.5 specifies the filing due dates for certain documents filed by political committees and other persons. The Commission is amending 11 CFR 104.5 consistent with the Commission's revised definition of “timely filing” in amended section 100.19(b), discussed above. These changes to 11 CFR 104.5 are almost identical to the ones proposed in the NPRM, on which the Commission received no comment. A. 11 CFR 104.5(a)(2)(i)(A) and (c)(1)(ii) Paragraphs 104.5(a)(2)(i)(A) and (c)(1)(ii) of this section set forth the filing due dates for pre-election reports filed by congressional candidates' principal campaign committees and non-authorized political committees. The Commission is revising these paragraphs to specify that, like pre-election reports sent by registered or certified mail, such reports sent by Priority Mail or Express Mail with a delivery confirmation, or sent with an overnight delivery service and scheduled to be delivered the next business day, must be postmarked no later than the fifteenth day before the election. B. 11 CFR 104.5(e) Amended paragraph 104.5(e), which specifies the date the Commission considers to be the filing date for certain designations, reports, and statements required under section 104.5, now treats documents sent by Priority Mail or Express Mail with a delivery confirmation, or sent with an overnight delivery service and scheduled to be delivered the next business day in the same manner as documents sent by registered or certified mail. Specifically, all such documents are considered filed on the date of the postmark. Pre-election reports filed by these methods must be postmarked no later than the fifteenth day before the election. Additionally, amended 11 CFR 104.5(e) contains changes to clarify to which documents the final rules apply. The Commission is also correcting one typographical error in paragraph 104.5(e) to clarify that designations, reports, and statements sent by first class mail or by any means other than registered or certified mail, Priority Mail, Express Mail, or an overnight delivery service must be received by the close of business *on* , rather than *of* , the prescribed filing date. This correction is technical and nonsubstantive and does not require a notice and comment period under the Administrative Procedure Act, 5 U.S.C. 553. Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory Flexibility Act) The Commission certifies that the attached rules will not have a significant economic impact on a substantial number of small entities. The basis of this certification is that, to whatever limited extent these rules may affect small entities, expanding options for delivering statutorily required documents provides more flexibility to filers in choosing the method of fulfilling their filing requirements. In addition, these new filing methods are permissive, not required. Therefore, the rules do not increase costs of compliance and may decrease such costs. List of Subjects 11 CFR Part 100 Elections. 11 CFR Part 104 Campaign funds, Political committees and parties, Reporting and recordkeeping requirements. For the reasons set forth 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 100—SCOPE AND DEFINITIONS (2 U.S.C. 431) 1. The authority citation for Part 100 continues to read as follows: Authority: 2 U.S.C. 431, 434, and 438(a)(8). 2. In section 100.19, paragraph

(b)is revised to read as follows: § 100.19 File, filed or filing (2 U.S.C. 434(a)).

(b)*Timely filed.*

(1)A document, other than those addressed in paragraphs

(c)through

(g)of this section, is timely filed if:

(i)Deposited:

(A)As registered or certified mail in an established U.S. Post Office;

(B)As Priority Mail or Express Mail, with a delivery confirmation, in an established U.S. Post Office; or

(C)With an overnight delivery service and scheduled to be delivered the next business day after the date of deposit and recorded in the overnight delivery service's on-line tracking system; and

(ii)The postmark on the document must be dated no later than 11:59 p.m. Eastern Standard/Daylight Time on the filing date, except that pre-election reports must have a postmark dated no later than 11:59 p.m. Eastern Standard/Daylight Time on the fifteenth day before the date of the election.

(2)Documents, other than those addressed in paragraphs

(c)through

(g)of this section, sent by first class mail or by any means other than those listed in paragraph (b)(1)(i) of this section must be received by the close of business on the prescribed filing date to be timely filed.

(3)As used in this paragraph

(b)of this section and in 11 CFR 104.5,

(i)Overnight delivery service means a private delivery service business of established reliability that offers an overnight ( *i.e.* , next business day) delivery option.

(ii)Postmark means a U.S. Postal Service postmark or the verifiable date of deposit with an overnight delivery service. PART 104—REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2 U.S.C. 434) 3. The authority citation for Part 104 continues to read as follows: Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434, 438(a)(8) and (b), 439a, 441a, and 36 U.S.C. 510. 4. In section 104.5, paragraphs (a)(2)(i)(A), (c)(1)(ii)(A), and

(e)are revised to read as follows: § 104.5 Filing dates (2 U.S.C. 434(a)(2)).

(a)* * *

(2)*Additional reports in the election year.*

(i)*Pre-election reports.*

(A)Pre-election reports for the primary and general election must be filed no later than 12 days before any primary or general election in which the candidate seeks election. If sent by registered or certified mail, Priority Mail or Express Mail with a delivery confirmation, or with an overnight delivery service and scheduled to be delivered the next business day after the date of deposit and recorded in the overnight delivery service's on-line tracking system, the postmark on the report must be dated no later than the 15th day before any election.

(c)* * *

(1)* * *

(ii)*Pre-election reports.*

(A)Pre-election reports for the primary and general election shall be filed by a political committee which makes contributions or expenditures in connection with any such election if such disbursements have not been previously disclosed. Pre-election reports shall be filed no later than 12 days before any primary or general election. If sent by registered or certified mail, Priority Mail or Express Mail with a delivery confirmation, or with an overnight delivery service and scheduled to be delivered the next business day after the date of deposit and recorded in the overnight delivery service's on-line tracking system, the postmark on the report shall be dated no later than the 15th day before any election.

(e)*Date of filing.* A designation, report or statement, other than those addressed in paragraphs (f), (g), and

(j)of this section, sent by registered or certified mail, Priority Mail or Express Mail with a delivery confirmation, or with an overnight delivery service and scheduled to be delivered the next business day after the date of deposit and recorded in the overnight delivery service's on-line tracking system, shall be considered filed on the date of the postmark except that a twelve day pre-election report sent by such mail or overnight delivery service must have a postmark dated no later than the 15th day before any election. Designations, reports or statements, other than those addressed in paragraphs (f), (g), and

(j)of this section, sent by first class mail, or by any means other than those listed in this paragraph (e), must be received by the close of business on the prescribed filing date to be timely filed. Designations, reports or statements electronically filed must be received and validated at or before 11:59 p.m., eastern standard/daylight time on the prescribed filing date to be timely filed. Dated: March 10, 2005. Scott E. Thomas, Chairman, Federal Election Commission. [FR Doc. 05-5391 Filed 3-17-05; 8:45 am]

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