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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
message relating to any political matter of national importance. Our rules therefore do not fully reflect all of the statutory requirements. We propose to revise the political file rules for these entities to conform with the language in sections 315e1 and e2 of the Act.
Specifically, we propose to revise these rules to require these entities to maintain in their online political inspection files not only records of each request for advertising time that is made by or on behalf of a legally qualified candidate for public office, but also for each request for advertising time that communicates a message relating to any political matter of national importance. 52 In addition, we propose to revise our rules to list the specific records that must be maintained in online political files for both candidate ads and issue ads, consistent with list enumerated in section 315e2. These proposed revisions would implement Congresss directive in the BCRA and ensure our political recordkeeping rules reflect statutory requirements. We seek comment on this proposal.53
C. Cost-Benefit Analysis Finally, we seek comment on the benefits and costs associated with adopting the proposed changes. In addition to any benefits to the public at large, are there also benefits to industry through clarification of the obligations on licensees and regulatees? We also seek comment on any potential costs that would be imposed on licensees and regulatees if we adopt the proposals contained in this NPRM. In this regard, we note that the proposed changes would largely conform our rules to the requirements of the statute. Comments should be accompanied by specific data and analysis supporting claimed costs and benefits.
III. Procedural Matters Ex Parte RulesPermit-But-Disclose.
The proceeding this Notice initiates shall be treated as a permit-butdisclose proceeding in accordance with the Commissions ex parte rules.54
Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation khammond on DSKJM1Z7X2PROD with PROPOSALS

52 47

U.S.C. 315e1B.
note that section 315e3 of the Act provides that the information required by section 315e shall be placed in a political file as soon as possible and shall be retained by the licensee for a period of not less than 2 years. 47
U.S.C. 315e3. Our existing political file rules already include this requirement. 47 CFR
25.701d2, 25.702b2, 73.1943c, 76.1701c.
Therefore, we need not propose changes to these rules to implement section 315e3.
54 47 CFR 1.1200 et seq.
53 We
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within two business days after the presentation unless a different deadline applicable to the Sunshine period applies. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must 1 list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and 2
summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenters written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings specifying the relevant page and/or paragraph numbers where such data or arguments can be found in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206b. In proceedings governed by rule 1.49f or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppt, searchable .pdf. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
Initial Regulatory Flexibility Act Analysis. The Regulatory Flexibility Act of 1980, as amended RFA, requires that a regulatory flexibility analysis be prepared for notice and comment rulemaking proceedings, unless the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. 55 The RFA
generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental jurisdiction. In addition, the term small business has the same meaning as the term small business concern under the Small Business Act.56 A
55 5

U.S.C. 603.
Section 6013 adopting by reference the definition of small business concern in 15 U.S.C.
632. Pursuant to the RFA, the statutory definition of a small business applies unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after 56 Id.

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small business concern is one which:
1 Is independently owned and operated; 2 is not dominant in its field of operation; and 3 satisfies any additional criteria established by the Small Business Administration SBA.57
With respect to this Notice of Proposed Rulemaking, an Initial Regulatory Flexibility Analysis IRFA
under the RFA is contained in Appendix B. Written public comments are requested on the IFRA and must be filed in accordance with the same filing deadlines as comments on this Notice of Proposed Rulemaking, with a distinct heading designating them as responses to the IRFA. In addition, a copy of this Notice of Proposed Rulemaking and the IRFA will be sent to the Chief Counsel for Advocacy of the SBA and will be published in the Federal Register.
Paperwork Reduction Act. This document proposes new or modified information collection requirements.
The Commission, as part of its continuing effort to reduce paperwork burdens and pursuant to the Paperwork Reduction Act of 1995, Public Law 104
13, invites the general public and the Office of Management and Budget OMB to comment on these information collection requirements. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44 U.S.C. 3506c4, we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees.
Initial Regulatory Flexibility Act Analysis As required by the Regulatory Flexibility Act of 1980, as amended RFA,58 the Commission has prepared this Initial Regulatory Flexibility Analysis IRFA of the possible significant economic impact on small entities of the policies and rules proposed in this NPRM. The Commission requests written public comments on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments specified in the NPRM.
The Commission will send a copy of the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register. 5 U.S.C. 6013.
57 15 U.S.C. 632.
58 5 U.S.C. 603. The RFA, 5 U.S.C. 601612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 SBREFA, Public Law 104121, Title II, 110 Stat. 857 1996. The SBREFA was enacted as Title II of the Contract with America Advancement Act of 1996 CWAAA.

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