Application for Recognition as a 501(c)(29) Organization, 6027-6028 [2012-2339]

Download as PDF Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Proposed Rules described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend controlled airspace at Boise Air Terminal (Gowen Field), Boise, ID. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: along the 34.8-mile radius of the airport to that airspace 7 miles each side of the 269° bearing of the airport extending from the 34.8-mile radius to 49.6 miles west of the airport, and within 7 miles northeast and 9.6 miles southwest of the 295° bearing of the airport extending from the 34.8-mile radius to 65.3 miles northwest of the airport, to lat. 44°00′27″ N., long. 117°10′58″ W., thence along the 223° bearing to V–253, thence south along V–253, thence along the 30.5mile radius of the airport to the point of beginning; that airspace southeast of the airport extending upward from 9,000 feet MSL bounded on the north by V–444, on the east by V–293, on the south by V–330 and on the southwest by V–4; that airspace northeast of the airport extending upward from 11,500 feet MSL, bounded on the northeast by V–293, on the south by V–444, on the southwest by the 30.5-mile radius of the airport and on the west by V–253. PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Issued in Seattle, Washington, on January 27, 2012. Robert Henry, Acting Manager, Operations Support Group, Western Service Center. [FR Doc. 2012–2761 Filed 2–6–12; 8:45 am] BILLING CODE 4910–13–P Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective September 15, 2011 is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. srobinson on DSK4SPTVN1PROD with PROPOSALS * * * * 17:21 Feb 06, 2012 Jkt 226001 Internal Revenue Service 26 CFR Part 1 [REG–135071–11] RIN 1545–BK63 Application for Recognition as a 501(c)(29) Organization Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations. AGENCY: * ANM ID E5 Boise, ID [Amended] Boise Air Terminal (Gowen Field), ID (Lat. 43°33′52″ N., long. 116°13′22″ W.) That airspace extending upward from 700 feet above the surface bounded by a line beginning at lat. 43°56′00″ N., long. 116°33′04″ W.; to lat. 43°51′15″ N., long. 116°25′03″ W., thence via the 18.8-mile radius of the Boise Air Terminal (Gowen Field), clockwise to long. 116°14′03″ W.; to lat. 43°45′00″ N., long. 116°14′03″ W.; to lat. 43°31′00″ N., long. 115°52′03″ W.; to lat. 43°20′00″ N., long. 115°58′03″ W.; to lat. 43°25′00″ N., long. 116°25′03″ W.; to lat. 43°27′00″ N., long. 116°29′03″ W.; to lat. 43°25′12″ N., long. 116°32′23″ W.; to lat. 43°29′25″ N., long. 116°37′53″ W.; to lat. 43°32′45″ N., long. 116°49′04″ W.; to lat. 43°37′35″ N., long. 116°47′04″ W.; to lat. 43°42′00″ N., long. 116°57′04″ W., thence to the point of beginning; that airspace extending upward from 1,200 feet above the surface within the 30.5-mile radius of the airport beginning at the 122° bearing of the airport, thence via a line to the intersection of the 34.8-mile radius of the airport and the 224° bearing of the airport, thence clockwise VerDate Mar<15>2010 DEPARTMENT OF THE TREASURY In the Rules and Regulations section of this issue of the Federal Register are temporary regulations authorizing the IRS to prescribe the procedures by which a qualified nonprofit health insurance issuer participating in the Consumer Operated and Oriented Plan program, established by the Centers for Medicare and Medicaid Services, may apply for recognition as a tax-exempt organization under the Internal Revenue Code. The text of those regulations also serves as the text of these proposed regulations. DATES: Written or electronic comments and requests for a public hearing must be received by April 9, 2012. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–135071–11), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 6027 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–135071– 11), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at www.regulations.gov (IRS REG–135071– 11). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, ¨ Amy Franklin or Martin Schaffer at (202) 622–6070; concerning submission of comments and request for hearing, Oluwafunmilayo Taylor at (202) 622– 7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background and Explanation of Provisions The temporary regulations in the Rules and Regulations section of this issue of the Federal Register make additions to the Income Tax Regulations (26 CFR part 1) relating to section 501(c)(29) of the Internal Revenue Code (Code). The temporary regulations provide that the Commissioner has the authority to prescribe the procedures under which a qualified nonprofit health insurance issuer (within the meaning of section 1322(c) of the Patient Protection and Affordable Care Act, Public Law 111–148 (March 23, 2010)) which has received a loan or grant from the Centers for Medicare and Medicaid Services under the Consumer Operated and Oriented Plan program may request to be recognized as taxexempt under section 501(a) as an organization described in section 501(c)(29). The temporary regulations expressly authorize the Commissioner to recognize a qualified nonprofit health insurance issuer as exempt effective as of a date prior to the date of its application, provided that the application is submitted in the manner and within the time prescribed by the Commissioner and the organization’s prior purposes and activities were consistent with the requirements for exempt status under section 501(c)(29). The text of the temporary regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains the additions. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order 13563. Therefore, a regulatory assessment is not required. It also has E:\FR\FM\07FEP1.SGM 07FEP1 6028 Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Proposed Rules been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply, and because no collection of information is imposed on small entities, the provisions of the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply. Pursuant to section 7805(f) of the Code, the proposed regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comments on its impact on small businesses. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in this preamble under the ADDRESSES heading. The IRS and the Treasury Department request comments on the proposed regulations, including how they might be made easier to understand. All comments will be available at www.regulations.gov or upon request. A public hearing will be scheduled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register. Drafting Information The principal authors of these regulations are Amy Franklin and ¨ Martin Schaffer of the Office of Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities), although other persons in the IRS and the Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Proposed Amendment to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1—INCOME TAXES srobinson on DSK4SPTVN1PROD with PROPOSALS Paragraph 1. The authority citation for part 1 is amended by adding an entry in numerical order to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.501(c)(29)–1 also issued under 26 U.S.C. 501(c)(29)(B)(i). * * * Par. 2. Section 1.501(c)(29)–1 is added to read as follows: § 1.501(c)(29)–1 Issuers. CO–OP Health Insurance [The text of proposed amendment to § 1.501(c)(29)–1 is the same as the text VerDate Mar<15>2010 17:21 Feb 06, 2012 Jkt 226001 for § 1.501(c)(29)–1T(a) through (c) published elsewhere in this issue of the Federal Register]. Steven T. Miller, Deputy Commissioner for Services and Enforcement. [FR Doc. 2012–2339 Filed 2–6–12; 8:45 am] BILLING CODE 4830–01–P Natalie Payne or Stephanie Bland, at (202) 622–3130; concerning submission of comments, the public hearing, and/or to be placed on the building access list to attend the public hearing, contact Oluwafunmilayo Taylor at (202) 622– 7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 48 [REG–113770–10] RIN 1545–BJ44 Taxable Medical Devices Internal Revenue Service (IRS), Treasury. ACTION: Notice of Proposed Rulemaking and Notice of Public Hearing. AGENCY: This document contains proposed regulations that provide guidance on the excise tax imposed on the sale of certain medical devices under section 4191 of the Internal Revenue Code, enacted by the Health Care and Education Reconciliation Act of 2010 in conjunction with the Patient Protection and Affordable Care Act. The proposed regulations affect manufacturers, importers, and producers of taxable medical devices. This document also provides a notice of public hearing on these proposed regulations. SUMMARY: Written or electronic comments must be received by May 7, 2012. Outlines of topics to be discussed at the public hearing scheduled for May 16, 2012, at 10 a.m., must be received by May 7, 2012. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–113770–10), Room 5203, Internal Revenue Service, PO 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–113770–10), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at https://www.regulations.gov (IRS REG– 113770–10). The public hearing will be held on May 16, 2012, in the IRS Auditorium, beginning at 10 a.m., at the Internal Revenue Building, 1111 Constitution Avenue NW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, DATES: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Statutory Provisions This document contains proposed regulations that provide guidance on the excise tax imposed on the sale of certain medical devices under section 4191 of the Internal Revenue Code (Code), enacted by section 1405 of the Health Care and Education Reconciliation Act of 2010, Public Law 111–152 (124 Stat. 1029 (2010)), in conjunction with the Patient Protection and Affordable Care Act, Public Law 111–148 (124 Stat. 119 (2010)) (jointly, the ACA). Section 4191 imposes an excise tax on the sale of certain medical devices by the manufacturer, producer, or importer of the device in an amount equal to 2.3 percent of the sale price. Section 4191 applies to sales of taxable medical devices after December 31, 2012. Section 4191(b)(1) provides that, in general, a ‘‘taxable medical device’’ is any device, as defined in section 201(h) of the Federal Food, Drug & Cosmetic Act (FFDCA), (codified as amended at 21 U.S.C. 301 et seq. (2006)), that is intended for humans. Section 201(h) of the FFDCA provides generally that the term ‘‘device’’ means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, that is recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them; intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease; or intended to affect the structure or any function of the body, and that does not achieve its primary intended purposes through chemical action within or on the body and that is not dependent upon being metabolized for the achievement of its primary intended purposes. Section 4191(b)(2) provides that the term ‘‘taxable medical device’’ does not include eyeglasses, contact lenses, hearing aids, and any other medical device determined by the Secretary to be of a type that is generally purchased by the general public at retail for individual use. In addition, the ACA amended section 4221(a) to limit tax-free sales of taxable E:\FR\FM\07FEP1.SGM 07FEP1

Agencies

[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Proposed Rules]
[Pages 6027-6028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2339]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-135071-11]
RIN 1545-BK63


Application for Recognition as a 501(c)(29) Organization

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 
regulations.

-----------------------------------------------------------------------

SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register are temporary regulations authorizing the IRS to 
prescribe the procedures by which a qualified nonprofit health 
insurance issuer participating in the Consumer Operated and Oriented 
Plan program, established by the Centers for Medicare and Medicaid 
Services, may apply for recognition as a tax-exempt organization under 
the Internal Revenue Code. The text of those regulations also serves as 
the text of these proposed regulations.

DATES: Written or electronic comments and requests for a public hearing 
must be received by April 9, 2012.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-135071-11), 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-
135071-11), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, DC, or sent electronically via the Federal 
eRulemaking Portal at www.regulations.gov (IRS REG-135071-11).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Amy Franklin or Martin Sch[auml]ffer at (202) 622-6070; concerning 
submission of comments and request for hearing, Oluwafunmilayo Taylor 
at (202) 622-7180 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background and Explanation of Provisions

    The temporary regulations in the Rules and Regulations section of 
this issue of the Federal Register make additions to the Income Tax 
Regulations (26 CFR part 1) relating to section 501(c)(29) of the 
Internal Revenue Code (Code). The temporary regulations provide that 
the Commissioner has the authority to prescribe the procedures under 
which a qualified nonprofit health insurance issuer (within the meaning 
of section 1322(c) of the Patient Protection and Affordable Care Act, 
Public Law 111-148 (March 23, 2010)) which has received a loan or grant 
from the Centers for Medicare and Medicaid Services under the Consumer 
Operated and Oriented Plan program may request to be recognized as tax-
exempt under section 501(a) as an organization described in section 
501(c)(29). The temporary regulations expressly authorize the 
Commissioner to recognize a qualified nonprofit health insurance issuer 
as exempt effective as of a date prior to the date of its application, 
provided that the application is submitted in the manner and within the 
time prescribed by the Commissioner and the organization's prior 
purposes and activities were consistent with the requirements for 
exempt status under section 501(c)(29). The text of the temporary 
regulations also serves as the text of these proposed regulations. The 
preamble to the temporary regulations explains the additions.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in Executive Order 
12866, as supplemented by Executive Order 13563. Therefore, a 
regulatory assessment is not required. It also has

[[Page 6028]]

been determined that section 553(b) of the Administrative Procedure Act 
(5 U.S.C. chapter 5) does not apply, and because no collection of 
information is imposed on small entities, the provisions of the 
Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply. Pursuant 
to section 7805(f) of the Code, the proposed regulation has been 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration for comments on its impact on small businesses.

Comments and Requests for a Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any comments that are submitted timely 
to the IRS as prescribed in this preamble under the ADDRESSES heading. 
The IRS and the Treasury Department request comments on the proposed 
regulations, including how they might be made easier to understand. All 
comments will be available at www.regulations.gov or upon request. A 
public hearing will be scheduled if requested in writing by any person 
that timely submits written comments. If a public hearing is scheduled, 
notice of the date, time, and place for the public hearing will be 
published in the Federal Register.

Drafting Information

    The principal authors of these regulations are Amy Franklin and 
Martin Sch[auml]ffer of the Office of Division Counsel/Associate Chief 
Counsel (Tax Exempt and Government Entities), although other persons in 
the IRS and the Treasury Department participated in their development.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Proposed Amendment to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1--INCOME TAXES

    Paragraph 1. The authority citation for part 1 is amended by adding 
an entry in numerical order to read in part as follows:

    Authority:  26 U.S.C. 7805 * * *

    Section 1.501(c)(29)-1 also issued under 26 U.S.C. 
501(c)(29)(B)(i). * * *

    Par. 2. Section 1.501(c)(29)-1 is added to read as follows:


Sec.  1.501(c)(29)-1  CO-OP Health Insurance Issuers.

    [The text of proposed amendment to Sec.  1.501(c)(29)-1 is the same 
as the text for Sec.  1.501(c)(29)-1T(a) through (c) published 
elsewhere in this issue of the Federal Register].

 Steven T. Miller,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2012-2339 Filed 2-6-12; 8:45 am]
BILLING CODE 4830-01-P
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