Withholding Under Internal Revenue Code Section 3402(t); Hearing, 11699-11700 [E9-5951]
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Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Proposed Rules
pwalker on PROD1PC71 with PROPOSALS
3. The disclosure of the information
would inhibit the voluntary provision of
that type of information;
4. The receipt of that type of
information aids in fulfilling the FAA’s
safety and security responsibilities; and
5. Withholding such information from
disclosure, under the circumstances
provided in this part, will be consistent
with the FAA’s safety and security
responsibilities.
Description of the Proposed
Information Sharing Program
In an effort to monitor and analyze the
hazards presented by wildlife to aircraft
operations, the FAA actively solicits
voluntary wildlife strike reports from a
variety of sources such as pilots, air
traffic controllers, air carrier personnel,
and airport operations personnel. With
this data, the FAA is able to analyze
trends in order to develop better
wildlife management strategies for
individual airports and all civil/military
aviation communities. These trends
include seasonal strike fluctuations,
diurnal/nocturnal strike comparisons,
species identification, frequency,
geographical distribution, effect on
flight and damage incurred. Monitoring
strikes also provides useful data
regarding their frequency of occurrence
during a specific phase of flight,
altitude, and distance from airport. The
information may also be used by the
FAA to develop aircraft certification
standards that take into account the
unique hazard posed by wildlife threats.
The FAA has been collecting
voluntarily submitted data from the
public since 1990. During this time, the
number of strikes annually reported
more than quadrupled from 1,759 in
1990 to a record 7,666 in 2007. The
increase in reports from 1990 to 2007
was likely the result of several factors:
1. An increased awareness of the
wildlife strike issue, an increase in
aircraft operations;
2. An increase in populations of
hazardous wildlife species; and
3. An increase in the number of
strikes.
Overall, there are over 100,000
wildlife strikes that have been
submitted from civil and military
aircraft strikes. As a result of these
collection efforts, the FAA has a wildlife
strike database that is unparalleled.
When the FAA began collecting this
data, it assured the entities submitting
the data that the submissions would not
be made available to the public. At that
time, the FAA did not have the
authority to provide part 193 protection.
However, the FAA has relied upon other
voluntary disclosure programs to obtain
needed safety data prior to the
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enactment of 49 U.S.C. 40123 and these
other programs are presently covered by
part 193. The FAA believes that it is
appropriate to extend this formal
protection to the bird strike database as
well. The Agency is concerned that
there is a serious potential that
information related to bird strikes will
not be submitted because of fear that the
disclosure of raw data could unfairly
cast unfounded aspersions on the
submitter.
The collection of this safety
information has been successful not
only in part due to an increase in
awareness and improved strikereporting technology but due to the fact
that the reporting of strikes is
nonpunitive to airports and airlines.
There are almost 100 separate data
fields in the strike database that allows
the FAA to understand wildlife strike
hazards to aviation better. Cooperative
analyses between the FAA, the United
States Department of Agriculture
(USDA) and USDA’s Animal and Plant
Health Inspection Service Branch
summarized this data into an annual
report made available to the public.
Such analyses are critical to
determining:
1. The economic cost of wildlife
strikes;
2. The magnitude of safety issues; and
most important; and
3. The nature of the problems (e.g.,
wildlife species involved, types of
damage, height and phase of flight
during which strikes occur, and
seasonal patterns).
The information obtained from these
analyses provides the foundation for
refinements in the development,
implementation, and justification of
integrated research and management
efforts to reduce wildlife strikes. The
FAA redacts certain information from
the data that is available to the public
based on relevance or its sensitivity.
For example, while the FAA collects
wildlife strike data for specific airports,
which it uses in its regulatory and
oversight activities for that individual
airport, the FAA does not release data
regarding the submitter of the report.
Here again, the FAA seeks to encourage
the open provision of data for use in its
regulatory activities. Drawing
comparisons between airports is
difficult because of the unevenness of
reporting. Other factors that must be
considered between airports and strike
reporting are their different geographies,
operations, structures, onsite/offsite
habitats, and personnel to name a few.
The complexity of the information
warrants care with its interpretation;
releasing this information without
benefit of proper analysis would not
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11699
only produce an inaccurate perception
of the individual airports and airlines
but also inaccurate and inappropriate
comparisons between airports/airlines.
Requests for data within the FAA
National Wildlife Strike Database have
typically been for specific data fields,
individual airports or detailed portions
of the database. Responses from the
FAA have addressed each request
individually and adequately. Airports
voluntarily report bird strike data to
understand their wildlife hazards better
and to streamline allocating wildlife
mitigation funding. Inaccurate
portrayals of airports and airlines could
have a negative impact on their
participation in reporting bird strikes. It
is the willingness of airports to
participate, to better understand, and to
better address their unique set of
wildlife hazards that highlights why
voluntary reporting works.
In short, the FAA sees a direct
correlation between the protection and
provision of voluntary safety data. There
is no question that the data collected
over the last 19 years has improved
safety throughout the world. It is
imperative we do nothing to stifle this
flow of information. Protecting this data
under 49 U.S.C. 40123 and 14 CFR part
193 will ensure this continued input.
Proposed Designation
Accordingly, the FAA proposes to
designate the data in its Wildlife Strike
Database to be protected under 49
U.S.C. 40123 and 14 CFR part 193.
Issued in Washington, DC, on March 12,
2009.
Catherine M. Lang,
Acting Associate Administrator for Airports.
[FR Doc. E9–5868 Filed 3–18–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
[REG–158747–06]
RIN 1545–BG45
Withholding Under Internal Revenue
Code Section 3402(t); Hearing
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of public hearing on
proposed rulemaking.
SUMMARY: This document provides
notice of public hearing on a notice of
proposed rulemaking relating to
withholding under section 3402(t) of the
Internal Revenue Code. The proposed
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19MRP1
11700
Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Proposed Rules
regulations reflect changes in the law
made by the Tax Increase Prevention
and Reconciliation Act of 2005 that
require Federal, State, and local
government entities to withhold income
tax when making payments to persons
providing property or services. These
proposed regulations provide guidance
to assist the government entities in
complying with section 3402(t). The
regulations also provide certain
guidance to persons receiving payments
for property or services from
government entities.
DATES: The public hearing is being held
on April 16, 2009, at 10 a.m. The IRS
must receive outlines of the topics to be
discussed at the hearing by March 25,
2009.
The public hearing is being
held in the auditorium, Internal
Revenue Building, 1111 Constitution
Avenue, NW., Washington, DC. Send
submissions to: CC: PA: LPD: PR (REG–
158747–06), room 5203, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044. Submissions may be handdelivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to CC: PA: LPD: PR (REG–158747–06),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC. Alternatively,
taxpayers may submit electronic
outlines of oral comments via the
Federal eRulemaking Portal at https://
www.regulations.gov.
pwalker on PROD1PC71 with PROPOSALS
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Concerning these proposed regulations,
Jean Casey, (202) 622–6040; concerning
submissions of comments, the hearing,
and/or to be placed on the building
access list to attend the hearing, Richard
A. Hurst at
Richard.A.Hurst@irscounsel.treas.gov or
(202) 622–7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
158747–06) that was published in the
Federal Register on Friday, December 5,
2008 (73 FR 74082).
Persons, who wish to present oral
comments at the hearing that submitted
written comments, must submit an
outline of the topics to be discussed and
the amount of time to be devoted to
each topic (signed original and eight (8)
copies) by March 25, 2009.
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available, free of
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17:25 Mar 18, 2009
Jkt 217001
charge, at the hearing or in the Freedom
of Information Reading Room (FOIA RR)
(Room 1621) which is located at the
11th and Pennsylvania Avenue, NW
entrance, 1111 Constitution Avenue,
NW., Washington, DC.
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
document.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E9–5951 Filed 3–18–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF LABOR
Office of Labor-Management
Standards
29 CFR Parts 403 and 408
RIN 1215–AB62
Labor Organization Annual Financial
Reports
AGENCY: Office of Labor-Management
Standards, Employment Standards
Administration, Labor.
ACTION: Notice of proposed extension of
effective date and applicability date.
SUMMARY: This notice seeks public
comment on a proposal to delay for 180
days the April 21, 2009 effective date of
the rule Labor Organization Annual
Financial Reports, published in the
Federal Register on January 21, 2009,
and extended by a document published
February 20, 2009; and delay the
applicability date of the rule, now set
for July 1, 2009, until January 1, 2010.
The rule revised the Labor Organization
Annual Report Form LM–2 and
established a procedure whereby the
Department of Labor may revoke, when
warranted, the authorization to file the
simplified Labor Organization Annual
Report Form LM–3.
DATES: Following notice and comment,
the Department delayed the subject rule,
Labor Organization Annual Financial
Reports, published in the Federal
Register on January 21, 2009, and
scheduled to take effect on February 20,
2009, from taking effect until April 21,
2009 (74 FR 7814). This notice proposes
to further delay the effective date until
October 19, 2009. Additionally, the rule
published on January 21, 2009, applied
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to labor organizations with fiscal years
beginning on or after July 1, 2009. This
notice also proposes to delay the
applicability date of the rule to labor
organizations reporting on fiscal years
beginning on or after January 1, 2010.
The comment period for the proposed
delay of the effective date and
applicability date will close on April 7,
2009.
ADDRESSES: You may submit comments,
identified by RIN 1215–AB62, only by
the following methods:
Internet—Federal eRulemaking Portal.
Electronic comments may be submitted
through https://www.regulations.gov. To
locate the proposed rule, use key words
such as ‘‘Labor-Management Standards’’
or ‘‘Labor Organization Annual
Financial Reports’’ to search documents
accepting comments. Follow the
instructions for submitting comments.
Please be advised that comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided.
Delivery: Comments may also be
hand-delivered or mailed to: Denise M.
Boucher, Director of the Office of Policy,
Reports and Disclosure, Office of LaborManagement Standards, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–5609,
Washington, DC 20210. Because of
security precautions the Department
continues to experience delays in U.S.
mail delivery. You should take this into
consideration when preparing to meet
the deadline for submitting comments.
The Office of Labor-Management
Standards (OLMS) recommends that
you confirm receipt of your delivered
comments by contacting (202) 693–0123
(this is not a toll-free number).
Individuals with hearing impairments
may call (800) 877–8339 (TTY/TDD).
Only those comments submitted
through https://www.regulations.gov,
hand-delivered, or mailed will be
accepted. Comments will be available
for public inspection at https://
www.regulations.gov and during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Denise M. Boucher, Director, Office of
Policy, Reports and Disclosure, Office of
Labor-Management Standards,
Employment Standards Administration,
U.S. Department of Labor, 200
Constitution Avenue, NW., Room N–
5609, Washington, DC 20210, (202) 693–
1185 (this is not a toll-free number),
(800) 877–8339 (TTY/TDD).
SUPPLEMENTARY INFORMATION: The
Department published a notice (74 FR
5899) on February 3, 2009, seeking
public comment on whether or not it
should delay for 60 days the effective
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Agencies
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Proposed Rules]
[Pages 11699-11700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5951]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
[REG-158747-06]
RIN 1545-BG45
Withholding Under Internal Revenue Code Section 3402(t); Hearing
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of public hearing on proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document provides notice of public hearing on a notice of
proposed rulemaking relating to withholding under section 3402(t) of
the Internal Revenue Code. The proposed
[[Page 11700]]
regulations reflect changes in the law made by the Tax Increase
Prevention and Reconciliation Act of 2005 that require Federal, State,
and local government entities to withhold income tax when making
payments to persons providing property or services. These proposed
regulations provide guidance to assist the government entities in
complying with section 3402(t). The regulations also provide certain
guidance to persons receiving payments for property or services from
government entities.
DATES: The public hearing is being held on April 16, 2009, at 10 a.m.
The IRS must receive outlines of the topics to be discussed at the
hearing by March 25, 2009.
ADDRESSES: The public hearing is being held in the auditorium, Internal
Revenue Building, 1111 Constitution Avenue, NW., Washington, DC. Send
submissions to: CC: PA: LPD: PR (REG-158747-06), room 5203, Internal
Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC
20044. Submissions may be hand-delivered Monday through Friday between
the hours of 8 a.m. and 4 p.m. to CC: PA: LPD: PR (REG-158747-06),
Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue,
NW., Washington, DC. Alternatively, taxpayers may submit electronic
outlines of oral comments via the Federal eRulemaking Portal at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Concerning these proposed regulations,
Jean Casey, (202) 622-6040; concerning submissions of comments, the
hearing, and/or to be placed on the building access list to attend the
hearing, Richard A. Hurst at Richard.A.Hurst@irscounsel.treas.gov or
(202) 622-7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION: The subject of the public hearing is the
notice of proposed rulemaking (REG-158747-06) that was published in the
Federal Register on Friday, December 5, 2008 (73 FR 74082).
Persons, who wish to present oral comments at the hearing that
submitted written comments, must submit an outline of the topics to be
discussed and the amount of time to be devoted to each topic (signed
original and eight (8) copies) by March 25, 2009.
A period of 10 minutes is allotted to each person for presenting
oral comments. After the deadline for receiving outlines has passed,
the IRS will prepare an agenda containing the schedule of speakers.
Copies of the agenda will be made available, free of charge, at the
hearing or in the Freedom of Information Reading Room (FOIA RR) (Room
1621) which is located at the 11th and Pennsylvania Avenue, NW
entrance, 1111 Constitution Avenue, NW., Washington, DC.
Because of access restrictions, the IRS will not admit visitors
beyond the immediate entrance area more than 30 minutes before the
hearing starts. For information about having your name placed on the
building access list to attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this document.
LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division,
Associate Chief Counsel (Procedure and Administration).
[FR Doc. E9-5951 Filed 3-18-09; 8:45 am]
BILLING CODE 4830-01-P