Fees for Testing, Evaluation, and Approval of Mining Products; Correction, 48871-48872 [05-16560]

Download as PDF Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations retirement account described in section 408(a) holds an annuity contract as an account asset and the traditional IRA is converted to a Roth IRA, for purposes of determining the amount includible in gross income as a distribution under § 1.408A–4, A–7, the amount that is treated as distributed with respect to the Drafting Information annuity contract is the fair market value The principal author of these of the annuity contract on the date that the annuity contract is distributed or temporary regulations is Cathy A. Vohs treated as distributed from the of the Office of the Division Counsel/ traditional IRA. Associate Chief Counsel (Tax Exempt (b) Determination of fair market and Government Entities). However, value—(1) General rule. For purposes of other personnel from the IRS and Treasury Department participated in the this A–14, the fair market value of an individual retirement annuity issued by development of these regulations. a company regularly engaged in the List of Subjects in 26 CFR Part 1 selling of contracts of that character generally is established as follows— Income taxes, Reporting and (A) If the conversion occurs soon after recordkeeping requirements. the contract was sold and there have Adoption of Amendments to the been no material changes in market Regulations conditions, the fair market value of the I Accordingly, 26 CFR part 1 is amended contract is established through the sale of the particular contract by the as follows: company (i.e., the actual premiums paid for such contract); PART 1—INCOME TAXES (B) If the conversion occurs after the I Paragraph 1. The authority citation for contract has been in force for some time Part 1 continues to read, in part, as and no further premium payments are to follows: be made, the fair market value of the contract is established through the sale Authority: 26 U.S.C. 7805 * * * by the company of comparable § 1.408A–4T also issued under 26 U.S.C. 408A * * * contracts; (C) If the conversion occurs after the I Par. 2. Section 1.408A–4 is amended contract has been in force for some time by adding, in numerical order, Q–14 and and future premium payments are to be A–14, to read as follows: made, the fair market value of the contract is established through an § 1.408A–4 Converting amounts to Roth IRAs. approximation that is based on the interpolated terminal reserve at the date * * * * * of the conversion, plus the Q–14. [Reserved]. For further proportionate part of the gross premium guidance, see § 1.408A–4T, Q–14. last paid before the date of the A–14. [Reserved]. For further conversion which covers the period guidance, see § 1.408A–4T, A–14. extending beyond that date. However, if, I Par. 3. Section 1.408A–4T is added to because of the unusual nature of the read as follows: contract, this approximation is not § 1. 408A–4T Converting amounts to Roth reasonably close to the full value, this IRAs. method may not be used. Thus, this * * * * * method may not be used to determine Q–14. What is the amount that is the fair market value of an annuity includable in income as a distribution contract where the reserve does not when a conversion involves an annuity reflect the value of all relevant features contract? of the contract. A–14. (a) In general. Notwithstanding (2) Additional guidance. Additional § 1.408–4(e), when part or all of a guidance regarding the fair market value traditional IRA that is an individual of an individual retirement annuity, retirement annuity described in section including formulas to be used for 408(b) is converted to a Roth IRA, for determining fair market value, may be purposes of determining the amount issued by the Commissioner in revenue includible in gross income as a rulings, notices, or other guidance distribution under § 1.408A–4, A–7, the published in the Internal Revenue amount that is treated as distributed is Bulletin (See § 601.601(d)(2)(ii)(b)). (c) Effective date. The provisions of the fair market value of the annuity contract on the date the annuity contract this A–14 are applicable to any conversion where an annuity contract is is converted. Similarly, when a distributed or treated as distributed traditional IRA that is an individual of this issue of the Federal Register. Pursuant to section 7805(f) of the Code, these temporary regulations will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. VerDate jul<14>2003 16:02 Aug 19, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 48871 from a traditional IRA on or after August 19, 2005. (d) Definitions. The definitions set forth in § 1.408A–8 apply for purposes of this A–14. Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Approved: August 9, 2005. Eric Solomon, Acting Deputy Assistant Secretary for Tax Policy. [FR Doc. 05–16403 Filed 8–19–05; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Parts 5, 15, 18, 19, 20, 22, 23, 27, 28, 33, 35, and 36 RIN 1219–AB38 Fees for Testing, Evaluation, and Approval of Mining Products; Correction Mine Safety and Health Administration (MSHA), Labor. ACTION: Direct final rule; correction. AGENCY: SUMMARY: This document corrects a direct final rule published in the Federal Register of August 9, 2005, regarding fees for testing, evaluation, and approval of mining products. DATES: Effective on August 22, 2005. FOR FURTHER INFORMATION CONTACT: Rebecca J. Smith, Acting Director, Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson Blvd., Room 2313, Arlington, Virginia 22209– 3939, smith-rebecca@dol.gov, (202) 693– 9440 (telephone), (202) 693–9441 (facsimile). In rule FR Doc. 05–15495 published on August 9, 2005 (70 FR 46336), make the following corrections: 1. On page 46336, in the first column, under ADDRESSES, change the e-mail address from ‘‘comments@msha.gov’’ to ‘‘zzmsha-comments@dol.gov’’. 2. On page 46337, in the third column, in the second full paragraph, in the second sentence, change the word ‘‘revised’’ to ‘‘existing’’. 3. On page 46338, in the first column, in the first full paragraph, in the sixth sentence, change the term ‘‘part 5’’ to ‘‘part 15’’. SUPPLEMENTARY INFORMATION: § 5.30 [Corrected] 4. On page 46342, in the second column, after the rule text of paragraph (d), remove the five asterisks. I E:\FR\FM\22AUR1.SGM 22AUR1 48872 § 22.4 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations [Corrected] 5. On page 46343, in the first column, in the first sentence of the rule text for § 22.4(a), change the term ‘‘the active investigation of’’ to ‘‘an active investigation’’. I § 23.3 [Corrected] 6. On page 46343, in the second column, in the first sentence of the rule text for § 23.3(a), change the term ‘‘the active investigation of’’ to ‘‘an active investigation’’. I § 33.3 [Corrected] 7. On page 46343, in the third column, after the rule texts for § 33.3, remove the five asterisks. I Dated: August 16, 2005. Robert M. Friend, Acting Deputy Assistant Secretary. [FR Doc. 05–16560 Filed 8–19–05; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP San Francisco Bay 05–006] RIN 1625–AA87 Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is revising the perimeter of the existing security zone that extends approximately 50 yards into the navigable waters of the Oakland Estuary, Alameda, California, around the United States Coast Guard Island Pier to coincide with the perimeter of a floating security barrier. This action is necessary to provide continued security for the military service members on board vessels moored at the pier and the government property associated with these valuable national assets. This security zone prohibits all persons and vessels from entering, transiting through, or anchoring within a portion of the Oakland Estuary surrounding the Coast Guard Island Pier unless authorized by the Captain of the Port (COTP) or his designated representative. DATES: This rule is effective starting at 12:01 a.m. on September 21, 2005. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket are part of VerDate jul<14>2003 16:02 Aug 19, 2005 Jkt 205001 docket COTP 05–006 and are available for inspection or copying at the Waterways Branch of the Marine Safety Office San Francisco Bay, Coast Guard Island, Alameda, California, 94501, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Ian Callander, U.S. Coast Guard Marine Safety Office San Francisco Bay, (510) 437–3401. SUPPLEMENTARY INFORMATION: Regulatory Information On January 29, 2004, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA’’ in the Federal Register (69 FR 4267) proposing to establish a security zone extending approximately 50 yards around the Coast Guard Island Pier in the navigable waters of the Oakland Estuary in Alameda, California. We received one letter commenting on the proposed rule. No public hearing was requested, and none was held. On June 7, 2004, we published a final rule (codified as 33 CFR 165.1190) entitled ‘‘Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA’’ in the Federal Register (69 FR 31737) that established a security zone extending approximately 50 yards around the Coast Guard Island Pier in the navigable waters of the Oakland Estuary in Alameda, California. Since that time, the Coast Guard determined that a floating security barrier should also be installed to provide an added level of security for the Coast Guard Cutters that moor at the Coast Guard Island Pier. Because the navigational channel is less than 50 yards from the two ends of the Coast Guard Island Pier, and in order to provide approximately 50 yards of maneuvering space for the cutters along the entire length of the pier, the barrier needed to extend into the navigational channel approximately 10 to 20 yards at each end. Since the previously published security zone did not extend into the navigational channel, we published another NPRM entitled ‘‘Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA’’ in the Federal Register on May 9, 2005 (70 FR 24344) proposing to revise the perimeter of the existing security zone around the Coast Guard Island pier to mirror the perimeter of the floating security barrier. We received two comments on the proposed rule. No public hearing was requested, and none was held. Vessels or persons violating this section are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 192. Pursuant to 33 U.S.C. 1232, any violation of the security zone described herein, is punishable by civil penalties (not to exceed $32,500 per violation, where each day of a continuing violation is a separate violation), criminal penalties (imprisonment up to 6 years and a maximum fine of $250,000) and in rem liability against the offending vessel. Any person who violates this section using a dangerous weapon, or who engages in conduct that causes bodily injury or fear of imminent bodily injury to any officer authorized to enforce this regulation also faces imprisonment up to 12 years. Vessels or persons violating this section are also subject to the penalties set forth in 50 U.S.C. 192: seizure and forfeiture of the vessel to the United States, a maximum criminal fine of $10,000, and imprisonment up to 10 years. The Captain of the Port will enforce this security zone and may enlist the aid and cooperation of any Federal, State, county, municipal, or private agency to assist in the enforcement of the regulation. Background and Purpose In its effort to thwart potential terrorist activity, the Coast Guard has increased safety and security measures on U.S. ports and waterways. As part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L. 99– 399), Congress amended section 7 of the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take actions, including the establishment of security and safety zones, to prevent or respond to acts of terrorism against individuals, vessels, or public or commercial structures. The Coast Guard also has authority to establish security zones pursuant to the Espionage Act of June 15, 1917, as amended by the Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) and implementing regulations promulgated by the President in subparts 6.01 and 6.04 of part 6 of title 33 of the Code of Federal Regulations. In this particular rulemaking, the Coast Guard is revising the perimeter of the existing security zone around the Coast Guard Island pier to mirror the perimeter of the floating security barrier. The need for the security zone still exists due to heightened security concerns and the catastrophic impact a terrorist attack on a Coast Guard Cutter would have on the crew on board and surrounding government property. This security zone is needed for national security reasons to protect Coast Guard Cutters, their crews, the public, transiting vessels, and adjacent waterfront facilities from potential E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48871-48872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16560]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 5, 15, 18, 19, 20, 22, 23, 27, 28, 33, 35, and 36

RIN 1219-AB38


Fees for Testing, Evaluation, and Approval of Mining Products; 
Correction

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Direct final rule; correction.

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SUMMARY: This document corrects a direct final rule published in the 
Federal Register of August 9, 2005, regarding fees for testing, 
evaluation, and approval of mining products.

DATES: Effective on August 22, 2005.

FOR FURTHER INFORMATION CONTACT: Rebecca J. Smith, Acting Director, 
Office of Standards, Regulations, and Variances, MSHA, 1100 Wilson 
Blvd., Room 2313, Arlington, Virginia 22209-3939, smith-
rebecca@dol.gov, (202) 693-9440 (telephone), (202) 693-9441 
(facsimile).

SUPPLEMENTARY INFORMATION: In rule FR Doc. 05-15495 published on August 
9, 2005 (70 FR 46336), make the following corrections:
    1. On page 46336, in the first column, under ADDRESSES, change the 
e-mail address from ``comments@msha.gov'' to ``zzmsha-
comments@dol.gov''.
    2. On page 46337, in the third column, in the second full 
paragraph, in the second sentence, change the word ``revised'' to 
``existing''.
    3. On page 46338, in the first column, in the first full paragraph, 
in the sixth sentence, change the term ``part 5'' to ``part 15''.


Sec.  5.30  [Corrected]

0
4. On page 46342, in the second column, after the rule text of 
paragraph (d), remove the five asterisks.

[[Page 48872]]

Sec.  22.4  [Corrected]

0
5. On page 46343, in the first column, in the first sentence of the 
rule text for Sec.  22.4(a), change the term ``the active investigation 
of'' to ``an active investigation''.


Sec.  23.3  [Corrected]

0
6. On page 46343, in the second column, in the first sentence of the 
rule text for Sec.  23.3(a), change the term ``the active investigation 
of'' to ``an active investigation''.


Sec.  33.3  [Corrected]

0
7. On page 46343, in the third column, after the rule texts for Sec.  
33.3, remove the five asterisks.

    Dated: August 16, 2005.
Robert M. Friend,
Acting Deputy Assistant Secretary.
[FR Doc. 05-16560 Filed 8-19-05; 8:45 am]
BILLING CODE 4510-43-P