Payments in Lieu of Low Income Housing Tax Credits, 44751-44752 [E9-20903]
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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
44751
TABLE 1.—Continued
Date
Address
Electronic Address
Second public meeting
November 5, 2009, from 1
p.m. to 5 p.m.
The Westin Peachtree
Plaza Hotel, 210 Peachtree St., NW., Atlanta,
GA 30303
Advance registration
By October 26, 2009
We encourage you to use
electronic registration if
possible.1
Request special accommodations due to a disability
By October 26, 2009
Other Information
https://www.fda.gov/Food/
NewsEvents/Workshops
MeetingsConferences/
default.htm
There is no registration fee
for the public meetings.
Early registration is recommended because
seating is limited.
See Contact Person
1 You may also register via e-mail, mail, or fax. Please include your name, title, firm name, address, and phone and fax numbers in your registration information and send to: Deborah Harris, EDJ Associates, Inc., 11300 Rockville Pike, suite 1001, Rockville, MD 20852, 240–221–4326,
FAX: 301–945–4295, e-mail: fda-CFSAN_Registration@edjassociates.com. Onsite registration will also be available at both meeting sites.
II. Background
In the Federal Register of July 9, 2009
(74 FR 33030), FDA published a final
rule, ‘‘Prevention of Salmonella
Enteritidis in Shell Eggs During
Production, Storage, and
Transportation,’’ that requires shell egg
producers to implement measures to
prevent SE from contaminating eggs on
the farm and from further growth during
storage and transportation, and requires
these producers to maintain records
concerning their compliance with the
rule and to register with FDA. FDA took
this action because SE is among the
leading bacterial causes of foodborne
illness in the United States, and shell
eggs are a primary source of human SE
infections. The final rule will reduce
SE-associated illnesses and deaths by
reducing the risk that shell eggs are
contaminated with SE.
This document announces two public
meetings as part of the agency’s planned
outreach initiatives regarding the final
rule.
sroberts on DSKD5P82C1PROD with RULES
III. Transcripts
Please be advised that as soon as a
transcript is available, it will be
accessible at https://
www.regulations.gov. It may be viewed
at the Division of Dockets Management
(HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD. A transcript will
also be available in either hardcopy or
on CD–ROM, after submission of a
Freedom of Information request. Written
requests are to be sent to Division of
Freedom of Information (HFI–35), Office
of Management Programs, Food and
Drug Administration, 5600 Fishers
Lane, rm. 6–30, Rockville, MD 20857.
VerDate Nov<24>2008
16:16 Aug 28, 2009
Jkt 217001
Dated: August 24, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9–20856 Filed 8–28–09; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE TREASURY
31 CFR Part 32
RIN 1505–AC17
Payments in Lieu of Low Income
Housing Tax Credits
AGENCY: Office of the Fiscal Assistant
Secretary, Treasury.
ACTION: Interim final rule.
SUMMARY: The Department of the
Treasury is amending its policy
regarding the time limitation within
which State housing credit agencies
must disburse funds received under
section 1602 of the American Recovery
and Reinvestment Tax Act of 2009. This
change will allow States to disburse
section 1602 funds to subawardees
through December 31, 2011 under
certain conditions.
DATES: This final rule is effective August
31, 2009. Comments must be received
on or before September 30, 2009.
ADDRESSES: Treasury participates in the
U.S. government’s eRulemaking
Initiative by publishing rulemaking
information on https://
www.regulations.gov. Regulations.gov
offers the public the ability to comment
on, search, and view publicly available
rulemaking materials, including
comments received on rules. Comments
on this rule should be submitted using
only the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
instructions on the Web site for
submitting comments.
Mail: Ellen Neubauer, Fiscal Service,
U.S. Department of the Treasury, 1500
Pennsylvania Ave., Washington, DC
20220. Instructions: All submissions
received must include the agency name
(‘‘Fiscal Service’’) and the title of this
rulemaking. In general, comments
received will be published on
Regulations.gov without change,
including any business or personal
information provided. Comments
received, including attachments and
other supporting materials, are part of
the public record and subject to public
disclosure. Do not enclose any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
You may also inspect and copy this
interim rule at: Treasury Department
Library, Freedom of Information Act
(FOIA) Collection, Room 1428, Main
Treasury Building, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220.
Before visiting, you must call (202) 622–
0990 for an appointment.
FOR FURTHER INFORMATION CONTACT:
Ellen Neubauer, Program Manager, at
(202) 622–0560 or at
ellen.neubauer@do.treas.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1602 of the American
Recovery and Reinvestment Tax Act of
2009 (Act) (Pub. L. 111–5) (hereinafter
Section 1602) allows State housing
credit agencies to elect to receive
payments in lieu of low-income housing
credits under section 42 of the Internal
Revenue Code. Payments must be used
to make subawards to finance the
construction or acquisition and
rehabilitation of qualified low-income
E:\FR\FM\31AUR1.SGM
31AUR1
44752
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
buildings. The United States
Department of the Treasury (Treasury)
awards Section 1602 funds to State
housing credit agencies in an amount
equal to their low-income housing grant
election amount which may not exceed
a portion of the States’ low-income
housing tax credit ceiling for 2009.
Section 1602(d) of the Act requires
that State housing credit agencies return
to the Treasury funds not used to make
subawards before January 1, 2011. The
Terms and Conditions promulgated by
the Treasury to govern the program
require that any funds not disbursed
before January 1, 2011, be returned to
the Treasury. Upon further
consideration Treasury has determined
that this requirement is overly
restrictive and may preclude funding of
otherwise eligible projects that may not
reach final completion by the end of
2010. This rule therefore changes this
requirement. Under this rule set forth at
31 CFR part 32, State housing credit
agencies are required to return to the
Treasury any funds not used to make
subawards by December 31, 2010.
However, once a subaward has been
made, a State can continue to disburse
funds for the subaward through
December 31, 2011, provided the project
is at least 30 percent complete by the
end of 2010.
Whether we have organized the material
to suit your needs; (2) whether the
requirements of the rules are clear; or (3)
whether there is something else we
could do to make these rules easier to
understand.
Regulatory Planning and Review
The rule is a ‘‘significant regulatory
action’’ as defined in Executive Order
12866. Accordingly, the rule has been
reviewed by the Office of Management
and Budget.
Regulatory Flexibility Act Analysis
Because no notice of rulemaking is
required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply.
List of Subjects in 31 CFR Part 32
Low-income housing tax credits.
For the reasons set forth in the
preamble, we add 31 CFR Part 32 to
read as follows:
■
PART 32—PAYMENTS IN LIEU OF
LOW INCOME HOUSING TAX CREDITS
Sec.
32.1.
Timing of disbursements.
Authority: Public Law 111–5.
II. Procedural Analyses
§ 32.1
Administrative Procedures Act
(a) State housing credit agencies that
receive funds under section 1602 of
Division B of the American Recovery
and Reinvestment Tax Act of 2009 must
make subawards to subawardees to
finance the construction or acquisition
and rehabilitation of low-income
housing no later than December 31,
2010. Any funds that are not used to
make subawards by December 31, 2010,
must be returned to the Treasury by
January 1, 2011.
(b) The requirement in subsection (a)
above does not prevent State housing
credit agencies from continuing to
disburse funds to subawardees after
December 31, 2010 provided:
(1) A subaward has been made to the
subawardee on or before December 31,
2010;
(2) The subawardee has, by the close
of 2010, paid or incurred at least 30
percent of the subawardee’s total
adjusted basis in land and depreciable
property that is reasonably expected to
be part of the low-income housing
project; and
(3) Any funds not disbursed to the
subawardee by December 31, 2011, must
be returned to the Treasury by January
1, 2012.
sroberts on DSKD5P82C1PROD with RULES
This rule is being issued without prior
public notice and comment because
under 5 U.S.C. 553(b) and (d)(3) good
cause exists to determine that prior
notice and comment rulemaking is
unnecessary and contrary to the public
interest. The policy being implemented
through this rule impacts procedural
requirements imposed on State housing
credit agencies that receive funds from
the Federal government under Section
1602 and does not adversely affect the
rights of the public. Additionally, delay
in the effective date of this rule is
contrary to the public interest because
without clarity regarding the time
period within which State housing
credit agencies may disburse funds
under the program, State housing credit
agencies are unable to make decisions
regarding which projects to fund
thereby delaying the construction or
rehabilitation of low-income housing.
Request for Comment on Plain Language
Executive Order 12866 requires each
agency in the Executive branch to write
regulations that are simple and easy to
understand. We invite comment on how
to make the interim rule clearer. For
example, you may wish to discuss: (1)
VerDate Nov<24>2008
16:16 Aug 28, 2009
Jkt 217001
PO 00000
Timing of disbursements.
Frm 00026
Fmt 4700
Sfmt 4700
Dated: August 19, 2009.
Gary Grippo,
Acting Fiscal Assistant Secretary.
[FR Doc. E9–20903 Filed 8–28–09; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DoD–2008–HA–0007; RIN 0720–AB21]
TRICARE; Reimbursement of Critical
Access Hospitals (CAHs)
AGENCY: Office of the Secretary,
Department of Defense.
ACTION: Final rule.
SUMMARY: This rule implements the
statutory provisions that TRICARE
payment methods for institutional care
be determined to the extent practicable
in accordance with the same
reimbursement rules as those that apply
to payments to providers of services of
the same type under Medicare. This
final rule implements a reimbursement
methodology similar to that furnished to
Medicare beneficiaries for services
provided by critical access hospitals
(CAHs).
DATES: Effective Date: This rule is
effective December 1, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Martha M. Maxey, TRICARE
Management Activity, Medical Benefits
and Reimbursement Branch, telephone
(303) 676–3627.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
Hospitals are authorized TRICARE
institutional providers under 10 U.S.
Code 1079(j)(2) and (4). Under 10 U.S.C.
1079(j)(2), the amount to be paid to
hospitals, skilled nursing facilities
(SNFs), and other institutional providers
under TRICARE, ‘‘shall be determined
to the extent practicable in accordance
with the same reimbursement rules as
apply to payments to providers of
services of the same type under
Medicare.’’ Under 32 CFR
199.14(a)(1)(ii)(D)(1) through (9) it
specifically lists those hospitals that are
exempt from the DRG-based payment
system. CAHs are not listed as exempt,
thereby making them subject to the
DRG-based payment system. CAHs are
not listed as excluded, because at the
time this regulatory provision was
written, CAHs were not a recognized
entity.
Legislation enacted as part of the
Balanced Budget Act (BBA) of 1997
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 44751-44752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20903]
=======================================================================
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DEPARTMENT OF THE TREASURY
31 CFR Part 32
RIN 1505-AC17
Payments in Lieu of Low Income Housing Tax Credits
AGENCY: Office of the Fiscal Assistant Secretary, Treasury.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury is amending its policy
regarding the time limitation within which State housing credit
agencies must disburse funds received under section 1602 of the
American Recovery and Reinvestment Tax Act of 2009. This change will
allow States to disburse section 1602 funds to subawardees through
December 31, 2011 under certain conditions.
DATES: This final rule is effective August 31, 2009. Comments must be
received on or before September 30, 2009.
ADDRESSES: Treasury participates in the U.S. government's eRulemaking
Initiative by publishing rulemaking information on https://www.regulations.gov. Regulations.gov offers the public the ability to
comment on, search, and view publicly available rulemaking materials,
including comments received on rules. Comments on this rule should be
submitted using only the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions on the Web site for submitting comments.
Mail: Ellen Neubauer, Fiscal Service, U.S. Department of the
Treasury, 1500 Pennsylvania Ave., Washington, DC 20220. Instructions:
All submissions received must include the agency name (``Fiscal
Service'') and the title of this rulemaking. In general, comments
received will be published on Regulations.gov without change, including
any business or personal information provided. Comments received,
including attachments and other supporting materials, are part of the
public record and subject to public disclosure. Do not enclose any
information in your comment or supporting materials that you consider
confidential or inappropriate for public disclosure.
You may also inspect and copy this interim rule at: Treasury
Department Library, Freedom of Information Act (FOIA) Collection, Room
1428, Main Treasury Building, 1500 Pennsylvania Avenue, NW.,
Washington, DC 20220. Before visiting, you must call (202) 622-0990 for
an appointment.
FOR FURTHER INFORMATION CONTACT: Ellen Neubauer, Program Manager, at
(202) 622-0560 or at ellen.neubauer@do.treas.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 1602 of the American Recovery and Reinvestment Tax Act of
2009 (Act) (Pub. L. 111-5) (hereinafter Section 1602) allows State
housing credit agencies to elect to receive payments in lieu of low-
income housing credits under section 42 of the Internal Revenue Code.
Payments must be used to make subawards to finance the construction or
acquisition and rehabilitation of qualified low-income
[[Page 44752]]
buildings. The United States Department of the Treasury (Treasury)
awards Section 1602 funds to State housing credit agencies in an amount
equal to their low-income housing grant election amount which may not
exceed a portion of the States' low-income housing tax credit ceiling
for 2009.
Section 1602(d) of the Act requires that State housing credit
agencies return to the Treasury funds not used to make subawards before
January 1, 2011. The Terms and Conditions promulgated by the Treasury
to govern the program require that any funds not disbursed before
January 1, 2011, be returned to the Treasury. Upon further
consideration Treasury has determined that this requirement is overly
restrictive and may preclude funding of otherwise eligible projects
that may not reach final completion by the end of 2010. This rule
therefore changes this requirement. Under this rule set forth at 31 CFR
part 32, State housing credit agencies are required to return to the
Treasury any funds not used to make subawards by December 31, 2010.
However, once a subaward has been made, a State can continue to
disburse funds for the subaward through December 31, 2011, provided the
project is at least 30 percent complete by the end of 2010.
II. Procedural Analyses
Administrative Procedures Act
This rule is being issued without prior public notice and comment
because under 5 U.S.C. 553(b) and (d)(3) good cause exists to determine
that prior notice and comment rulemaking is unnecessary and contrary to
the public interest. The policy being implemented through this rule
impacts procedural requirements imposed on State housing credit
agencies that receive funds from the Federal government under Section
1602 and does not adversely affect the rights of the public.
Additionally, delay in the effective date of this rule is contrary to
the public interest because without clarity regarding the time period
within which State housing credit agencies may disburse funds under the
program, State housing credit agencies are unable to make decisions
regarding which projects to fund thereby delaying the construction or
rehabilitation of low-income housing.
Request for Comment on Plain Language
Executive Order 12866 requires each agency in the Executive branch
to write regulations that are simple and easy to understand. We invite
comment on how to make the interim rule clearer. For example, you may
wish to discuss: (1) Whether we have organized the material to suit
your needs; (2) whether the requirements of the rules are clear; or (3)
whether there is something else we could do to make these rules easier
to understand.
Regulatory Planning and Review
The rule is a ``significant regulatory action'' as defined in
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
Regulatory Flexibility Act Analysis
Because no notice of rulemaking is required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
List of Subjects in 31 CFR Part 32
Low-income housing tax credits.
0
For the reasons set forth in the preamble, we add 31 CFR Part 32 to
read as follows:
PART 32--PAYMENTS IN LIEU OF LOW INCOME HOUSING TAX CREDITS
Sec.
32.1. Timing of disbursements.
Authority: Public Law 111-5.
Sec. 32.1 Timing of disbursements.
(a) State housing credit agencies that receive funds under section
1602 of Division B of the American Recovery and Reinvestment Tax Act of
2009 must make subawards to subawardees to finance the construction or
acquisition and rehabilitation of low-income housing no later than
December 31, 2010. Any funds that are not used to make subawards by
December 31, 2010, must be returned to the Treasury by January 1, 2011.
(b) The requirement in subsection (a) above does not prevent State
housing credit agencies from continuing to disburse funds to
subawardees after December 31, 2010 provided:
(1) A subaward has been made to the subawardee on or before
December 31, 2010;
(2) The subawardee has, by the close of 2010, paid or incurred at
least 30 percent of the subawardee's total adjusted basis in land and
depreciable property that is reasonably expected to be part of the low-
income housing project; and
(3) Any funds not disbursed to the subawardee by December 31, 2011,
must be returned to the Treasury by January 1, 2012.
Dated: August 19, 2009.
Gary Grippo,
Acting Fiscal Assistant Secretary.
[FR Doc. E9-20903 Filed 8-28-09; 8:45 am]
BILLING CODE 4810-25-P
