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5606 Federal Register / Vol. 72, No.

25 / Wednesday, February 7, 2007 / Rules and Regulations

Forum had crossed the $1,000 threshold Conclusion purpose doctrine, and solicitations
through expenditures or contributions. By adopting a new regulation by resulting in contributions. In addition,
Consequently, the Commission did not which an organization may be required any group unclear about the application
undertake a major purpose analysis for to register as a political committee based of FECA to its prospective activities may
the Leadership Forum. on its solicitations, and by tightening request an advisory opinion from the
All of these cases taken together the rules governing how registered Commission. See 2 U.S.C. 437f; 11 CFR
illustrate (1) The Commission’s political committees fund solicitations, part 112.
commitment to enforcing FECA’s voter drives and campaign Dated: February 1, 2007.
requirements for political committee advertisements, the 2004 Final Rules Robert D. Lenhard,
status as well as (2) the need for an bolstered FECA against circumvention Chairman, Federal Election Commission.
examination of an organization’s not just by one kind of organization, but [FR Doc. E7–1936 Filed 2–6–07; 8:45 am]
activities under the major purpose by groups of all kinds. As discussed BILLING CODE 6715–01–P
doctrine, regardless of a particular above, the Commission’s decision not to
organization’s tax status. establish a political committee
5. The Advisory Opinion Process definition singling out 527 organizations
is informed by the statutory scheme, FARM CREDIT ADMINISTRATION
Any entity that remains unclear about Supreme Court precedent, and
the application of FECA to its Congressional action regarding 527 12 CFR Parts 611, 612, 613, 614, and
prospective activities may request an organizations. Accordingly, the 615
advisory opinion from the Commission. Commission will continue to utilize the
See 2 U.S.C. 437f; 11 CFR part 112. political committee framework provided RIN 3052–AC15
Through advisory opinions, the by Congress in FECA, as modified by
Commission can further explain the the Supreme Court. Organization; Standards of Conduct
application of the law and provide Pursuant to FECA and Supreme Court and Referral of Known or Suspected
guidance to an organization about how precedent, the Commission will Criminal Violations; Eligibility and
the Commission would apply the major continue to determine political Scope of Financing; Loan Policies and
purpose doctrine to its proposed committee status based on whether an Operations; Funding and Fiscal
activities, and whether the organization organization (1) Received contributions Affairs, Loan Policies and Operations,
must register as a political committee.29 or made expenditures in excess of and Funding Operations; Regulatory
Under FECA, the Commission is $1,000 during a calendar year, and (2) Burden; Effective Date
required to provide an advisory opinion whether that organization’s major
within 60 days of receiving a complete purpose was campaign activity. See 2 AGENCY: Farm Credit Administration.
written request and, in some instances, U.S.C. 431(4)(A); Buckley, 424 U.S. at ACTION: Notice of effective date.
within 20 days. See 2 U.S.C. 437f(a); 11 79; MCFL, 479 U.S. at 262. When
CFR 112.4(a) and (b). Moreover, the analyzing a group’s contributions, the SUMMARY: The Farm Credit
Commission’s legal analysis and Commission will consider whether any Administration (FCA) published a final
conclusions in an advisory opinion may of an organization’s solicitations rule under parts 611, 612, 613, 614, and
be relied upon not only by the generated contributions because the 615 on November 8, 2006 (71 FR 65383).
requestor, but also by any person whose solicitations indicated that any portion This final rule reduces regulatory
activity ‘‘is indistinguishable in all its of the funds received would be used to burden on the Farm Credit System by
material aspects’’ from the activity in support or oppose the election of a repealing or revising regulations and
the advisory opinion. See 2 U.S.C. clearly identified Federal candidate. See correcting outdated and erroneous
437f(c); 11 CFR 112.5(a)(2). The 11 CFR 100.57. Additionally, the regulations. In accordance with 12
Commission has considered the major Commission will analyze whether U.S.C. 2252, the effective date of the
purpose doctrine in prior advisory expenditures for any of an final rule is 30 days from the date of
opinions when assessing whether an organization’s communications made publication in the Federal Register
organization is a political committee.30 independently of a candidate during which either or both Houses of
The advisory opinion process is an constituted express advocacy either Congress are in session. Based on the
effective means by which the under 11 CFR 100.22(a), or the broader records of the sessions of Congress, the
Commission clarifies the law because it definition at 11 CFR 100.22(b). effective date of the regulations is
allows an entity to ask the Commission As evidenced by the Commission’s February 1, 2007.
for specific advice about the factual recent enforcement actions, together EFFECTIVE DATES: The regulation
situation with which the entity is with guidance provided through amending 12 CFR parts 611, 612, 613,
concerned, often in advance of the publicly available advisory opinions 614, and 615, published on November 8,
entity engaging in the contemplated and filings in civil enforcement cases, 2006 (71 FR 65383) is effective February
activities. this framework provides the 1, 2007.
Commission with a very effective
mechanism for regulating organizations FOR FURTHER INFORMATION CONTACT:
29 See McConnell, 540 U.S. at 170 n.64 (holding

portions of BCRA were not unconstitutionally that should be registered as political Jacqueline R. Melvin, Associate Policy
vague, in part because ‘‘should plaintiffs feel that committees under FECA, regardless of Analyst, Office of Policy and Analysis,
they need further guidance, they are able to seek that organization’s tax status. The Farm Credit Administration, McLean,
advisory opinions for clarification * * * and VA 22102–5090, (703) 883–4498, TTY
thereby ‘remove any doubt there may be as to the Commission’s new and amended rules,
meaning of the law’’’ (internal citation omitted)). together with this Supplemental (703) 883–4434; or Howard I. Rubin,
Senior Counsel, Office of General
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30 See Advisory Opinions 2006–20 (Unity 08); Explanation and Justification, as well as
2005–16 (Fired Up); 1996–13 (Townhouse the Commission’s recent enforcement Counsel, Farm Credit Administration,
Associates); 1996–3 (Breeden-Schmidt Foundation);
actions, places the regulated community McLean, VA 22102–5090, (703) 883–
1995–11 (Hawthorn Group); 1994–25 (Libertarian 4020, TTY (703) 883–4020.
National Committee) and 1988–22 (San Joaquin on notice of the state of the law
Valley Republican Associates). regarding expenditures, the major (12 U.S.C. 2252(a)(9) and (10))

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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Rules and Regulations 5607

Dated: February 1, 2007. DEPARTMENT OF TRANSPORTATION The Rule


Roland E. Smith,
Federal Aviation Administration This amendment to part 71 of the
Secretary, Farm Credit Administration Board. Federal Aviation Regulations (14 CFR
[FR Doc. E7–1950 Filed 2–6–07; 8:45 am] part 71) amends Class E5 airspace at
14 CFR Part 71
BILLING CODE 6705–01–P Covington, GA.
The FAA has determined that this
[Docket No. FAA–2006–26086; Airspace
Docket No. 06–ASO–14]
proposed regulation only involves an
established body of technical
SMALL BUSINESS ADMINISTRATION Amendment of Class E Airspace; regulations for which frequent and
Covington, GA routine amendments are necessary to
13 CFR Part 123 keep them operationally current. It,
AGENCY: Federal Aviation therefore, (1) is not a ‘‘significant
RIN 3245–AF46 Administration (FAA), DOT. regulatory action’’ under Executive
ACTION: Final rule. Order 12866; (2) is not a ‘‘significant
Disaster Relief to Small Business rule’’ under DOT Regulatory Policies
Concerns Damaged by Drought SUMMARY: This action amends Class E5 and Procedures (44 FR 11034; February
airspace at Covington, GA. As a result 26, 1979); and (3) does not warrant
AGENCY: Small Business Administration of an evaluation, it has been determined preparation of a Regulatory Evaluation
(SBA). a modification should be made to the as the anticipated impact is so minimal.
ACTION:Interim final rule: Notice of Covington, GA, Class E5 airspace area to Since this is a routine matter that will
contain the Nondirectional Radio only affect air traffic procedures and air
reopening of the comment period.
Beacon (NDB) Runway 28, Standard navigation, it is certified that this rule,
Instrument Approach Procedure (SIAP) when promulgated, will not have a
SUMMARY: On December 15, 2006 SBA
to Covington Municipal Airport, significant economic impact on a
published in the Federal Register an substantial number of small entities
Covington, GA. Additional controlled
interim final rule on disaster relief to under the criteria of the Regulatory
airspace extending upward from 700
small business concerns damaged by Flexibility Act.
feet Above Ground Level (AGL) is
drought (71 FR 75407). This interim needed to contain the SIAP.
final rule made revisions to the SBA List of Subjects in 14 CFR Part 71
economic injury disaster loans available DATES: 0901 UTC, May 10, 2007. The
Airspace, Incorporation by reference,
to small businesses that have been Director of the Federal Register
Navigation (Air).
adversely affected by drought, or by approves this incorporation by reference
action under 1 CFR Part 51, subject to Adoption of the Amendment
below average water levels in any body
the annual revision of FAA Order
of water that supports commerce by ■ In consideration of the foregoing, the
7400.9 and publication of conforming
small business concerns. The original Federal Aviation Administration
amendments.
comment period was from December 15, proposes to amend 14 CFR part 71 as
2006 through January 16, 2007. SBA is FOR FURTHER INFORMATION CONTACT: follows:
reopening the comment period until Mark Ward, Manager, System Support
March 9, 2007 because SBA believes Group, Eastern Service Center, Federal PART 71—DESIGNATION OF CLASS A,
that affected parties need more time to Aviation Administration, P.O. Box CLASS B, CLASS C, CLASS D, AND
adequately respond. 20636, Atlanta, Georgia 30320; CLASS E AIRSPACE AREAS;
telephone (404) 305-5627. AIRWAYS; ROUTES; AND REPORTING
DATES: The comment period for the POINTS
SUPPLEMENTARY INFORMATION:
interim final rule published on
December 15, 2006 (71 FR 75407) is History ■ 1. The authority citation for part 71
reopened through March 9, 2007. continues to read as follows:
On December 7, 2006, the FAA
Authority: 49 U.S.C. 106(g); 40103, 40113,
ADDRESSES: You may submit comments, proposed to amend part 71 of the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
identified by RIN 3245–AF46, by any of Federal Aviation Regulations (14 CFR 1963 Comp., p. 389.
the following methods: (1) Federal part 71) by amending Class E5 airspace
Rulemaking Portal: http:// at Covington, GA, (71 FR 70911). This § 71.1 [Amended]
www.regulations.gov, following the action provides adequate Class E5 ■ 2. The incorporation by reference in
specific instructions for submitting airspace for IFR operations at Covington 14 CFR 71.1 of Federal Aviation
comments; (2) FAX (202) 481–2226; (3) Municipal Airport, Covington, GA. Administration Order 7400.9P, Airspace
E-mail: Herbert.Mitchell@sba.gov; or (4) Designations for Class E are published Designations and Reporting Points,
Mail/Hand Delivery/Courier: Herbert L. in FAA Order 7400.9P, dated September dated September 1, 2006, and effective
Mitchell, Associate Administrator for 1, 2006, and effective September 15, September 15, 2006, is amended as
Disaster Assistance, 409 3rd Street, SW., 2006, which is incorporated by follows:
Washington, DC 20416. reference in 14 CFR part 71.1. The Class
E designations listed in this document Paragraph 6005 Class E Airspace Areas
Dated: February 1, 2007. will be published subsequently in the Extending Upward From 700 Feet or More
Herbert L. Mitchell, Order. Above the Surface of the Earth.
Associate Administrator/Disaster Assistance. Interested parties were invited to * * * * *
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[FR Doc. E7–1972 Filed 2–6–07; 8:45 am] participate in this rulemaking ASO GA E5 Covington, GA [Revised]
BILLING CODE 8025–01–P
proceeding by submitting written Covington Municipal Airport, GA
comments on the proposal to the FAA. (Lat. 33°37′57″ N., long. 83°50′58″ W.)
No comments objecting to the proposal Alcovy NDB
were received. (Lat. 33°37′47″ N., long. 83°46′56″ W.)

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