2007 – Federal Register Recent Federal Regulation Documents

This document contains proposed amendments to regulations relating to employment tax adjustments and employment tax refund claims. These proposed amendments modify the process for making interest-free adjustments for both underpayments and overpayments of Federal Insurance Contributions Act (FICA) and Railroad Retirement Tax Act (RRTA) taxes and Federal income tax withholding (ITW) under sections 6205(a) and 6413(a), respectively, of the Internal Revenue Code (Code). These proposed amendments also modify the process for filing claims for refund of overpayments of employment taxes under sections 6402 and 6414. These amendments are proposed in connection with the IRS's development of new forms to report adjustments to employment taxes which will replace the existing process of reporting adjustments of employment taxes on regularly filed employment tax returns. These proposed amendments affect taxpayers that file Form 941, ``Employer's QUARTERLY Federal Tax Return,'' Form 943, ``Employer's Annual Tax Return for Agricultural Employees,'' Form 944, ``Employer's ANNUAL Federal Tax Return,'' Form 945, ``Annual Return of Withheld Federal Income Tax,'' and Form CT-1, ``Employer's Annual Railroad Retirement Tax Return,'' and any related Spanish-language returns or returns for U.S. possessions. This document contains proposed amendments to regulations relating to the return requirements under section 6011 to reflect the changes to the adjustment and refund processes, and to reflect additional statutory and process updates. This document also contains proposed amendments to the regulations under section 6302 to clarify deposit obligations with respect to interest-free adjustments of underpayments and the effect of adjustments and refunds on the deposit schedule of a Form 943 filer. This document also provides notice of a public hearing on these proposed amendments to the regulations.

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing a regulation that would add an additional item of return information that may be disclosed to the Bureau of the Census (Bureau) for use in the Bureau's annual Survey of Industrial Research and Development. This proposed regulation provides guidance to IRS personnel responsible for disclosing the information. This regulation facilitates the assistance of the IRS to the Bureau in its statistics programs and requires no action by taxpayers and has no effect on their tax liabilities.

This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement which includes compromise of past response costs incurred in connection with the Mason Road Lead site in Mason Ohio with the Board of Education Mason of Mason City School District. The settlement requires Settling Party to reimburse U.S. EPA Hazardous Substance Superfund $15,917.36 for costs incurred by U.S. EPA since December 11, 2004, through the effective date of this Administrative Order on Consent to oversee the clean-up of the Mason Road Lead site. The total past costs incurred between December 11, 2004, and December 9, 2006, are $19,896.70 and are being compromised in consideration of the settling party having completed a removal action under the terms of a Unilateral Administrative Order Docket No: V-W-04-C-803 issued pursuant to CERCLA section 106(a), 42 U.S.C. 9607(a). The settlement includes a covenant not to sue the settling party pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations with indicate that the settlement is inappropriate, improper, or inadequate. The U.S. EPA's response to any comments received will be available for public inspection at the U.S. EPA Record Center, Room 714, U.S. EPA, 77 West Jackson boulevard, Chicago, Illinois.

The FAA publishes a monthly notice, as appropriate, of PFC approvals and disapprovals under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the Federal Aviation Regulations (14 CFR part 158). This notice is published pursuant to paragraph d of Sec. 158.29.

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35), the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (``ASC'') will submit to the Office of Management and Budget (``OMB'') for clearance the following information collection, without change from a previously approved collection.

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. Chapter 35), the Appraisal Subcommittee of the Federal Financial Institutions Examination Council (``ASC'') will submit to the Office of Management and Budget (``OMB'') for clearance the following information collection, without change from a previously approved collection.

This notice announces action taken by the USACE that is final within the meaning of 23 U.S.C. 139(l)(1). The action relates to a proposed highway project, Sandpoint North and South, Federal-aid Project No. DHP-NH-IR-CM-F-5116(068), Idaho Department of Transportation (ITD) Key No. 1729, Sandpoint in Bonner County in the State of Idaho. The action grants a Clean Water Act (CWA), section 404 permit for the project, pursuant to 33 U.S.C. 1344.

For the period beginning January 1, 2008, and ending on June 30, 2008, the prompt payment interest rate and the contract disputes interest rate is 4-\3/4\ per centum per annum.

The Department of Homeland Security (DHS) invites the general public to comment on new data collection forms for the Protected Repository for the Defense of Infrastructure Against Cyber Threats (PREDICT) initiative. The PREDICT initiative facilitates the accessibility of computer and network operational data for use in cyber defense research and development through the establishment of distributed repositories of security-relevant network operations data, and the application procedures, protection policies, and review processes necessary to make this data available to the cyber defense research community. The forms will allow the PREDICT initiative to provide a central repository, accessible through a Web-based portal (https://www.predict.org/) that catalogs current computer network operational data, provide secure access to multiple sources of data collected as a result of use and traffic on the Internet, and facilitate data flow among PREDICT participants for the purpose of developing new models, technologies and products that support effective threat assessment and increase cyber security capabilities. The Department is committed to improving its PREDICT initiative and invites interested persons to comment on the following forms and instructions (hereinafter ``Forms Package'') for the PREDICT initiative: (1) Account Request Form (DHS Form 10029); (2) Add a New Dataset Form (DHS Form 10030); (3) Annotate Dataset Form (DHS Form 10031); (4) Request a Dataset Form (DHS Form 10032); (5) Update Host Data Form (DHS Form 10033); (6) Update Provider Data Form (DHS Form 10034); (7) Memorandum of AgreementPREDICT (PCC) Coordinating Center and Researcher/User (DHS Form 10035); (8) Memorandum of AgreementPCC and Data Provider (DP) (DHS Form 10036); (9) Memorandum of AgreementPCC and Data Host (DH) (DHS Form 10037); (10) Authorization Letter for Data Host (DHS Form 10038); (11) Authorization Letter for Data Provider (DHS Form 10039); (12) Sponsorship Letter (DHS Form 10040); (13) Notice of Dataset Access/Application Expiration (DHS Form 10041); (14) Certificate of Data Destruction (DHS Form 10042). This notice and request for comments is required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35).

This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning January 1, 2008, the interest rates for overpayments will be 6 percent for corporations and 7 percent for non-corporations, and the interest rate for underpayments will be 7 percent. This notice is published for the convenience of the importing public and Customs and Border Protection personnel.

This report is provided in accordance with section 608(d)(1) of the Millennium Challenge Act of 2003, Public Law 108-199, Division D, (the ``Act''). The Act authorizes the provision of Millennium Challenge Account (``MCA'') assistance under section 605 of the Act to countries that enter into compacts with the United States to support policies and programs that advance the progress of such countries in achieving lasting economic growth and poverty reduction, and are in furtherance of the Act. The Act requires the Millennium Challenge Corporation (``MCC'') to take steps to determine the countries that, based to the maximum extent possible on objective and quantifiable indicators of a country's demonstrated commitment to just and democratic governance, economic freedom, and investing in their people, will be eligible to receive MCA assistance for a fiscal year. These steps include the submission of reports to appropriate congressional committees and the publication of notices in the Federal Register that identify, among other things: 1. The ``candidate countries'' for MCA assistance for a fiscal year, and all countries that would be candidate countries if they met the requirement of section 606(a)(1)(B) (section 608(a) of the Act); 2. The eligibility criteria and methodology that the MCC Board of Directors (the ``Board'') will use to select ``eligible countries'' from among the ``candidate countries'' (section 608(b) of the Act); and 3. The countries determined by the Board to be ``eligible countries'' for a fiscal year, the countries on the list of eligible countries with which the Board will seek to enter into a compact, and a justification for the decisions regarding eligibility and selection for negotiation (section 608(d)(1) of the Act). This is the third of the above-described reports by MCC for fiscal year 2008 (FY08). It identifies countries determined by the Board to be eligible under section 607 of the Act for FY08 and those that the Board will seek to enter into compacts under section 609 of the Act, and the justification for such decisions.

Comments are requested on the proposed Base (1 percent annual- chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents, and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

This notice amends the notice of a major disaster declaration for the State of Oregon (FEMA-1733-DR), dated December 8, 2007, and related determinations.

The National Fire Academy Board of Visitors will meet by teleconference on January 29, 2008.

This notice amends the notice of a major disaster for the State of Washington (FEMA-1734-DR), dated December 8, 2007, and related determinations.

The EPA issued a final rule on August 27, 2007 (effective date November 26, 2007) that revised the General Provisions for Consolidated Federal Air Rule to allow extensions to the deadline imposed for source owners and operators to conduct required performance tests in specified force majeure circumstances. The final rule inadvertently stated that we were revising paragraph (c) introductory text when we actually added introductory text to paragraph (c). The purpose of this action is to correct this error. This action merely addresses a formatting issue. Thus, it is proper to issue this notice without notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the Agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this action final without prior proposal and opportunity for comment because the change to the rule is a minor technical correction, is noncontroversial, and does not substantively change the agency actions taken in the final rule. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).

The Secretary of the Interior (Secretary) is publishing this notice in accordance with section 302(b) of the Southern Arizona Water Rights Settlement Amendments Act of 2004 (Settlement Amendments Act), Public Law 108-451, 118 Stat. 3536, 3571-72, and H.R. 3739 (Public Law Number forthcoming). Congress enacted the Settlement Amendments Act as Title III of the Arizona Water Settlements Act (AWSA), Public Law 108- 451, 118 Stat. 3478 et seq. The publication of this notice causes the amendments to the Southern Arizona Water Rights Settlement Act of 1982 (1982 Act), Public Law 97-293, 96 Stat. 1274 (as amended), made by the Settlement Amendments Act to take effect.

Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

The Defense Commissary Agency (DeCA) is proposing to add a system of records notice to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.