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Rules and Regulations Federal Register Vol 5595 Rules and Regulations Federal Register Vol. 72, No. 25 Wednesday, February 7, 2007 This section of the FEDERAL REGISTER PART 72—LICENSING For the Nuclear Regulatory Commission. contains regulatory documents having general REQUIREMENTS FOR THE Michael T. Lesar, applicability and legal effect, most of which INDEPENDENT STORAGE OF SPENT Federal Register Liaison Officer. are keyed to and codified in the Code of NUCLEAR FUEL, HIGH-LEVEL Federal Regulations, which is published under [FR Doc. E7–2035 Filed 2–6–07; 8:45 am] 50 titles pursuant to 44 U.S.C. 1510. RADIOACTIVE WASTE AND BILLING CODE 7590–01–P REACTOR-RELATED GREATER THAN The Code of Federal Regulations is sold by CLASS C WASTE the Superintendent of Documents. Prices of new books are listed in the first FEDERAL I 1. The authority citation for 10 CFR FEDERAL ELECTION COMMISSION REGISTER issue of each week. part 72 continues to read as follows: 11 CFR Part 100 Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. [Notice 2007–3] NUCLEAR REGULATORY 929, 930, 932, 933, 934, 935, 948, 953, 954, COMMISSION 955, as amended, sec. 234, 83 Stat. 444, as Political Committee Status amended (42 U.S.C. 2071, 2073, 2077, 2092, 10 CFR Part 72 2093, 2095, 2099, 2111, 2201, 2232, 2233, AGENCY: Federal Election Commission. RIN 3150–AH93 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. ACTION: Supplemental Explanation and L. 86–373, 73 Stat. 688, as amended (42 Justification. List of Approved Spent Fuel Storage U.S.C. 2021); sec. 201, as amended, 202, 206, Casks: NUHOMS HD Addition; 88 Stat. 1242, as amended, 1244, 1246 (42 SUMMARY: In November 2004, the Correction U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. Federal Election Commission (‘‘FEC’’) 10, 92 Stat. 2951, as amended by Pub. L. 102– adopted new regulations codifying AGENCY: Nuclear Regulatory 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. when an organization’s solicitations Commission. 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 generate ‘‘contributions’’ under the (42 U.S.C. 4332); secs. 131, 132, 133, 135, ACTION: Correcting amendment. 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, Federal Election Campaign Act (‘‘FECA’’ 2232, 2241, sec. 148, Pub. L. 100–203, 101 or ‘‘the Act’’), and consequently, require SUMMARY: This document corrects a Stat. 1330–235 (42 U.S.C. 10151, 10152, that organization, regardless of tax final rule appearing in the Federal 10153, 10155, 10157, 10161, 10168); sec. status, to register as a political Register on December 11, 2006 (71 FR 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); committee with the FEC. Additionally, 71463) to add the NUHOMS HD cask sec. 651(e), Pub. L. 109–58, 119 Stat. 806–810 the Commission substantially revised its system to the list of approved spent fuel (42 U.S.C. 2014, 2021, 2021b, 2111). allocation regulations to require the storage casks. This action is necessary to Section 72.44(g) also issued under secs. costs of voter drives, certain campaign correct an erroneous date. 142(b) and 148(c), (d), Pub. L. 100–203, 101 advertisements, and a political DATES: Effective Date: January 10, 2007. Stat. 1330–232, 1330–236 (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also committee’s general administrative costs FOR FURTHER INFORMATION CONTACT: issued under sec. 189, 68 Stat. 955 (42 U.S.C. be paid for in whole or in substantial Jayne McCausland, telephone 301–415– 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 part with funds subject to FECA’s limits, 6219, Office of Federal and State (42 U.S.C. 10154). Section 72.96(d) also prohibitions, and reporting Materials and Environmental issued under sec. 145(g), Pub. L. 100–203, requirements. Pursuant to Shays v. FEC, Management Programs, U.S. Nuclear 101 Stat. 1330–235 (42 U.S.C. 10165(g)). 424 F. Supp. 2d 100 (D.D.C. 2006) Regulatory Commission, Washington, Subpart J also issued under secs. 2(2), 2(15), (‘‘Shays II’’), the Commission is DC 20555–0001. 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. publishing a supplemental Explanation 2202, 2203, 2204, 2222, 2224 (42 U.S.C. and Justification to provide a more SUPPLEMENTARY INFORMATION: On 10101, 10137(a), 10161(h)). Subparts K and L December 11, 2006 (71 FR 71463), are also issued under sec. 133, 98 Stat. 2230 detailed explanation of (a) The basis for Certificate of Compliance 1030 was (42 U.S.C. 10153) and sec. 218(a), 96 Stat. the measures it adopted and (b) the added to the list of approved spent fuel 2252 (42 U.S.C. 10198). reasons it declined to revise the storage casks. The December 11, 2006, regulatory definition of ‘‘political document contained an incorrect I 2. In § 72.214, Certificate of committee’’ to single out organizations Certificate Expiration Date. This Compliance 1030 is corrected by exempt from Federal taxation under document corrects that date. revising the Certificate Expiration date section 527 of the Internal Revenue to read as follows: Code (‘‘527 organizations’’) for List of Subjects in 10 CFR Part 72 increased regulation. This document Administrative practice and § 72.214 List of approved spent fuel also discusses several recently resolved storage casks. procedure, Criminal penalties, administrative matters that provide Manpower training programs, Nuclear * * * * * considerable guidance to all materials, Occupational safety and Certificate Number: 1030. organizations regarding the receipt of health, Penalties, Radiation protection, contributions, making of expenditures, * * * * * Reporting and recordkeeping and political committee status. requirements, Security measures, Spent Certificate Expiration date: January 10, EFFECTIVE DATE: February 7, 2007. fuel, Whistleblowing. 2027. FOR FURTHER INFORMATION CONTACT: Mr. I Accordingly, 10 CFR part 72 is * * * * * J. Duane Pugh Jr., Acting Assistant corrected by making the following Dated at Rockville, Maryland, this 1st day General Counsel, or Ms. Margaret G. correcting amendment. of February 2007. Perl, Attorney, 999 E Street, NW., VerDate Aug<31>2005 18:30 Feb 06, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07FER1.SGM 07FER1 rwilkins on PROD1PC63 with RULES 5596 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations Washington, DC 20463, (202) 694–1650 2004 Final Rules, 69 FR at 68063–65. tightening the rules governing how or (800) 424–9530. The 2004 Final Rules took effect January political committees fund activity for SUPPLEMENTARY INFORMATION: 1, 2005. Id. at 68056. the purpose of influencing Federal In 2004, an action was brought before elections, the Commission has acted to Explanation and Justification the U.S. District Court of the District of prevent circumvention not by just 527 On November 23, 2004, following an Columbia challenging the Commission’s organizations, but by groups of all extensive rulemaking process, the decision not to revise the regulatory kinds. As further explained, the Commission adopted new regulations to definition of ‘‘political committee.’’ See Commission’s decision not to single out ensure that organizations that Shays II, 424 F. Supp. 2d at 114–17.3 527 organizations is entirely consistent participate in Federal elections conduct Plaintiffs sought a court order directing with the statutory scheme, Supreme their activities in compliance with the Commission to promulgate a rule Court precedent, and Congressional Federal law. This rulemaking generated specifically addressing the political action regarding 527 organizations. an extraordinary amount of public committee status of all 527 Political committee status, whether engagement on the issue of when organizations. Id. at 116. The district articulated in FECA, Supreme Court organizations should have to register court rejected the plaintiffs’ request to interpretations of FECA, or the with and report their activities to the order the Commission to commence a Commission’s regulations, must be FEC. The Commission received and new rulemaking, concluding that applied and enforced by the considered over 100,000 written nothing in FECA, Congress’s most- Commission through a case-by-case comments, including comments from recent amendments in the Bipartisan analysis of a specific organization’s approximately 150 Members of Campaign Reform Act of 2002 conduct. Existing regulations, bolstered Congress, many political party (‘‘BCRA’’),4 or the Supreme Court’s by the adoption of the 2004 Final Rules, organizations, hundreds of non-profit decision in McConnell v. FEC, 540 U.S. leave the Commission with a very organizations, as well as academics, 93 (2003), required the Commission to effective mechanism for addressing trade associations, and labor adopt such rules. Shays II, 424 F. Supp. claims that organizations of any tax organizations. Additionally, the 2d at 108. Case law, the Shays II court status should be registered as political Commission heard testimony from 31 explained, demonstrates ‘‘that a committees under FECA. The witnesses during two days of public statutory mandate is a crucial Commission’s recent enforcement hearings on April 14 and 15, 2004.1 component to a finding that an agency’s experience confirms this conclusion. At the end of this process, the reliance on adjudication [is] arbitrary Parts A and D of this document Commission amended its regulations in and capricious.’’ Id. at 114. The district explain the framework for establishing two significant ways. First, the court found, however, that the political committee status under FECA, Commission adopted a regulation Commission ‘‘failed to present a as interpreted by the Supreme Court. codifying when an organization’s reasoned explanation for its decision’’ Parts B and C explain why reliance on solicitations generate ‘‘contributions’’ not to regulate 527 organizations a group’s tax exempt status under under FECA, and consequently, may specifically by virtue of their status section 527 of the Internal Revenue require an organization to register as a under the Internal Revenue Code, and Code cannot substitute for an analysis of political committee with the FEC.
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