Authorization To Appoint Any Commerce Department Employee To Be Appeals Coordinator in Certain Administrative Appeals, 34008-34009 [E6-9220]
Download as PDF
<![CDATA[
34008
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Rules and Regulations
TABLE 3.—BOMBARDIER SERVICE BULLETINS—Continued
For airplanes affected by
Bombardier Service Bulletin—
That have these serial numbers—
Do these actions—
One approved method for doing
these actions—
8–52–58, dated May 12, 2004 ......
452, 464, 490, 506, and 508
through 557 inclusive.
Install the cockpit door .................
Bombardier
Series
Modsum 8Q200015.
Bombardier
Series
Modsum 8Q420101.
Bombardier
Series
Modsum 8Q420143.
Install the cockpit door .................
Install the cockpit door with a
blow-out door panel.
Actions Done In Accordance With Previous
Revision of Service Bulletin
(h) Actions done before the effective date
of this AD in accordance with Bombardier
Service Bulletin 8–52–54, dated May 12,
2004, are acceptable for compliance with the
corresponding requirements in paragraph (f)
of this AD.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, New York Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Related Information
(j) Canadian airworthiness directive CF–
2005–34, dated August 29, 2005, also
addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use the Bombardier service
information identified in Table 4 of this AD
to perform the actions that are required by
this AD, as applicable, unless the AD
specifies otherwise. The Director of the
Federal Register approved the incorporation
by reference of these documents in
accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact Bombardier, Inc.,
Bombardier Regional Aircraft Division, 123
Garratt Boulevard, Downsview, Ontario M3K
1Y5, Canada, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., Room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
mstockstill on PROD1PC61 with RULES
TABLE 4.—MATERIAL INCORPORATED
BY REFERENCE
Revision
level
Date
8–52–54 ..........
8–52–58 ..........
A ............
Original ..
Nov. 5, 2004.
May 12, 2004.
14:46 Jun 12, 2006
Jkt 208001
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 756
[Docket No. 060602146–6146–01]
RIN 0694–AD78
Authorization To Appoint Any
Commerce Department Employee To
Be Appeals Coordinator in Certain
Administrative Appeals
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: This rule revises Section
756.2 of the Export Administration
Regulations (EAR) to authorize the
Under Secretary for Industry and
Security to designate any employee of
the Department of Commerce to be the
appeals coordinator for appeals of
administrative actions taken under part
756 of the EAR. Such designation of
employees from outside the Bureau of
Industry and Security shall require the
concurrence of the head of the operating
unit in which that employee is
employed. Prior to publication of this
rule, only a ‘‘BIS official’’ might have
been designated as appeals coordinator.
DATES: This rule is effective June 13,
2006.
FOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy
Division, Office of Exporter Services,
warvin@bis.doc.gov, 202 482 2440.
SUPPLEMENTARY INFORMATION:
Background
Bombardier
Service Bulletin
VerDate Aug<31>2005
Issued in Renton, Washington, on June 5,
2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 06–5286 Filed 6–12–06; 8:45 am]
Part 756 of the EAR provides the
procedures for appeal of administrative
actions taken by BIS under the Export
Administration Act or the Export
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
100/300
100/300
100/300
Administration Regulations. The
procedures of part 756 apply to actions
other than the issuance, amendment,
revocation or appeal of a regulation, and
most enforcement actions taken under
part 764 or 766 of the EAR. Part 756
authorizes the Under Secretary for
Industry and Security to designate an
‘‘appeals coordinator to assist in the
review and processing of an appeal
* * *.’’ Prior to publication of this rule,
part 756 authorized the Under Secretary
for Industry and Security to designate
‘‘any BIS official’’ as appeals
coordinator. This rule authorizes the
Under Secretary for Industry and
Security to designate any employee of
the Department of Commerce to be the
appeals coordinator. The Under
Secretary for Industry and Security must
have the concurrence of the head of the
operating unit in which the employee is
employed to make such a designation of
a Department of Commerce employee
who is not an employee of BIS.
The agency is making this change,
which is administrative in nature, in
order to provide the Under Secretary
and the Department of Commerce with
additional flexibility in allocating
limited legal and official staff resources
to the review and processing of appeals
under part 756. The authority to decide
appeals will remain with the Under
Secretary, in accordance with section
756.2(c)(1) of the EAR, subject to the
Under Secretary’s authority to delegate
that function to the Deputy Under
Secretary or another BIS official in
accordance with section 756.2(a).
Moreover, this change will not affect the
Under Secretary’s authority to consider
recommendations or other relevant
information (from either the appeals
coordinator or any other source) in
deciding appeals, in accordance with
section 756.2(c)(1). Nor will this change
affect the substance of the agency’s
ongoing decision-making activities.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
E:\FR\FM\13JNR1.SGM
13JNR1
Federal Register / Vol. 71, No. 113 / Tuesday, June 13, 2006 / Rules and Regulations
to respond to nor be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule does
not involve any collections of
information that are subject to the
Paperwork Reduction Act.
3. This rule does not contain policies
with Federalism implications as this
term is defined in Executive Order
13132.
4. Pursuant to 5 U.S.C. 553, the
provisions of the Administrative
Procedure Act requiring a notice of
proposed rulemaking and the
opportunity for public comment are
waived, because this regulation involves
a rule of agency procedure. No other law
requires that a notice of proposed
rulemaking and an opportunity for
public comment be given for this rule.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under the
Administrative Procedure Act or by any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
List of Subjects in 15 CFR Part 756
Administrative practice and
procedure, Exports, Penalties.
I Accordingly, part 756 of the Export
Administration Regulations (15 CFR
parts 730–799) are amended as follows:
1. The authority citation for 15 CFR
part 756 continues to read:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
2, 2005, 70 FR 45273 (August 5, 2005).
2. Section 756.2 is amended by
revising the second sentence of
paragraph (a), by adding a sentence
immediately following the second
sentence of paragraph (a) and by
revising paragraph (b)(4)(v) to read as
follows:
I
mstockstill on PROD1PC61 with RULES
§ 756.2 Appeal from an administrative
action.
(a) Review and appeal officials. * * *
In addition, the Under Secretary may
designate any employee of the
Department of Commerce to be an
appeals coordinator to assist in the
review and processing of an appeal
under this part. If such employee is not
an employee of BIS, such designation
may be made only with the concurrence
14:46 Jun 12, 2006
Dated: June 6, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. E6–9220 Filed 6–12–06; 8:45 am]
BILLING CODE 3510–33–P
Jkt 208001
Background
The temporary regulations (TD 9258)
and final and temporary regulations (TD
9264) that are the subject of these
corrections are under sections 332, 351,
355, 368, 1081, 1502, and 1563 of the
Internal Revenue Code.
Need for Correction
As published, TD 9258 and TD 9264
contain errors that may prove to be
misleading and are in need of
clarification. TD 9264 added § 1.1502–
76T in error, as § 1.1502–76T was
previously codified by TD 9258. This
correcting amendment amends
§ 1.1502–76T as codified by TD 9258,
and removes § 1.1502–76T as codified
by TD 9264.
List of Subjects
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
RIN 1545–BE86; RIN 1545–BF26
Correction of Publication
Guidance Under Section 1502;
Amendment of Tacking Rule
Requirements of Life-Nonlife
Consolidated Regulations; and
Guidance Necessary To Facilitate
Business Electronic Filing and Burden
Reduction; Correction
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
This document contains
corrections to temporary regulations (TD
9258) that were published in the
Federal Register on Tuesday, April 25,
2006 (71 FR 23856) relating to guidance
regarding amendments to tacking rule
requirements of Life-Nonlife
consolidated regulations under section
1502; and final and temporary
regulations (TD 9264), that were
published in the Federal Register on
Tuesday, May 30, 2006 (71 FR 30591)
relating to guidance necessary to
facilitate business electronic filing and
burden reduction.
DATES: The amendment to § 1.1502–76T
that published April 25, 2006, is
effective April 25, 2006. The
amendments to §§ 1.1563–1 and 602.101
and the removal of § 1.1502–76T that
published May 30, 2006, is effective
May 30, 2006.
FOR FURTHER INFORMATION CONTACT: Grid
Glyer, (202) 622–7930 (not a toll-free
number).
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
26 CFR Part 602
Reporting and recordkeeping
requirements.
[TD 9258 and TD 9264]
SUMMARY:
PART 756—[AMENDED]
VerDate Aug<31>2005
of the head of the operating unit in
which that employee is employed.
* * *
(b) * * *
(4) * * *
(v) Report. Any person designated by
the Under Secretary to conduct an
informal hearing shall submit a written
report containing a summary of the
hearing and recommend action to the
Under Secretary.
*
*
*
*
*
34009
Accordingly, 26 CFR parts 1 and 602
are corrected by making the following
correcting amendments:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
I
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.1502–76T published
on April 25, 2006, as TD 9258 is
amended by revising paragraphs (b)
through (c)(3) and adding paragraph (d)
to read as follows:
I
§ 1.1502–76T Taxable year of members of
group (temporary).
*
*
*
*
*
(b) through (b)(2)(ii)(C) [Reserved].
For further guidance, see § 1.1502–76(b)
through (b)(2)(ii)(C).
(D) Election—(1) Statement. The
election to ratably allocate items under
paragraph (b)(2)(ii) of § 1.1502–76 must
be made in a separate statement
entitled, ‘‘THIS IS AN ELECTION
UNDER § 1.1502–76(b)(2)(ii) TO
RATABLY ALLOCATE THE YEAR’S
ITEMS OF [INSERT NAME AND
EMPLOYER IDENTIFICATION
NUMBER OF THE MEMBER].’’ The
election must be filed by including a
statement on or with the returns
including the items for the years ending
and beginning with S’s change in status.
If two or more members of the same
consolidated group, as a consequence of
E:\FR\FM\13JNR1.SGM
13JNR1
]]>Agencies
[Federal Register Volume 71, Number 113 (Tuesday, June 13, 2006)]
[Rules and Regulations]
[Pages 34008-34009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9220]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 756
[Docket No. 060602146-6146-01]
RIN 0694-AD78
Authorization To Appoint Any Commerce Department Employee To Be
Appeals Coordinator in Certain Administrative Appeals
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises Section 756.2 of the Export Administration
Regulations (EAR) to authorize the Under Secretary for Industry and
Security to designate any employee of the Department of Commerce to be
the appeals coordinator for appeals of administrative actions taken
under part 756 of the EAR. Such designation of employees from outside
the Bureau of Industry and Security shall require the concurrence of
the head of the operating unit in which that employee is employed.
Prior to publication of this rule, only a ``BIS official'' might have
been designated as appeals coordinator.
DATES: This rule is effective June 13, 2006.
FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Office of Exporter Services, warvin@bis.doc.gov, 202 482
2440.
SUPPLEMENTARY INFORMATION:
Background
Part 756 of the EAR provides the procedures for appeal of
administrative actions taken by BIS under the Export Administration Act
or the Export Administration Regulations. The procedures of part 756
apply to actions other than the issuance, amendment, revocation or
appeal of a regulation, and most enforcement actions taken under part
764 or 766 of the EAR. Part 756 authorizes the Under Secretary for
Industry and Security to designate an ``appeals coordinator to assist
in the review and processing of an appeal * * *.'' Prior to publication
of this rule, part 756 authorized the Under Secretary for Industry and
Security to designate ``any BIS official'' as appeals coordinator. This
rule authorizes the Under Secretary for Industry and Security to
designate any employee of the Department of Commerce to be the appeals
coordinator. The Under Secretary for Industry and Security must have
the concurrence of the head of the operating unit in which the employee
is employed to make such a designation of a Department of Commerce
employee who is not an employee of BIS.
The agency is making this change, which is administrative in
nature, in order to provide the Under Secretary and the Department of
Commerce with additional flexibility in allocating limited legal and
official staff resources to the review and processing of appeals under
part 756. The authority to decide appeals will remain with the Under
Secretary, in accordance with section 756.2(c)(1) of the EAR, subject
to the Under Secretary's authority to delegate that function to the
Deputy Under Secretary or another BIS official in accordance with
section 756.2(a). Moreover, this change will not affect the Under
Secretary's authority to consider recommendations or other relevant
information (from either the appeals coordinator or any other source)
in deciding appeals, in accordance with section 756.2(c)(1). Nor will
this change affect the substance of the agency's ongoing decision-
making activities.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required
[[Page 34009]]
to respond to nor be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that
collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This rule does not involve
any collections of information that are subject to the Paperwork
Reduction Act.
3. This rule does not contain policies with Federalism implications
as this term is defined in Executive Order 13132.
4. Pursuant to 5 U.S.C. 553, the provisions of the Administrative
Procedure Act requiring a notice of proposed rulemaking and the
opportunity for public comment are waived, because this regulation
involves a rule of agency procedure. No other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this rule. Because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for this
rule under the Administrative Procedure Act or by any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.
List of Subjects in 15 CFR Part 756
Administrative practice and procedure, Exports, Penalties.
0
Accordingly, part 756 of the Export Administration Regulations (15 CFR
parts 730-799) are amended as follows:
PART 756--[AMENDED]
0
1. The authority citation for 15 CFR part 756 continues to read:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
2, 2005, 70 FR 45273 (August 5, 2005).
0
2. Section 756.2 is amended by revising the second sentence of
paragraph (a), by adding a sentence immediately following the second
sentence of paragraph (a) and by revising paragraph (b)(4)(v) to read
as follows:
Sec. 756.2 Appeal from an administrative action.
(a) Review and appeal officials. * * * In addition, the Under
Secretary may designate any employee of the Department of Commerce to
be an appeals coordinator to assist in the review and processing of an
appeal under this part. If such employee is not an employee of BIS,
such designation may be made only with the concurrence of the head of
the operating unit in which that employee is employed. * * *
(b) * * *
(4) * * *
(v) Report. Any person designated by the Under Secretary to conduct
an informal hearing shall submit a written report containing a summary
of the hearing and recommend action to the Under Secretary.
* * * * *
Dated: June 6, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E6-9220 Filed 6-12-06; 8:45 am]
BILLING CODE 3510-33-P
