Revised Medical Criteria for Evaluating Genitourinary Disorders; Correction, 67349-67350 [2014-26745]
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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
assistance, unless expressly authorized
by the terms and conditions of the
Federal award’’.
Response: In implementing the OMB
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards
(2 CFR Chapter I, Chapter II, Parts 200,
215, 220, 225, and 230), it is NASA
policy to not pay profit or fee under
grant and cooperative agreement
awards. NASA maintains that it is
inappropriate to pay profit and fee
under its Federal Financial Assistance
awards because payment in excess of
costs is inconsistent with the intent of
grant and cooperative agreements which
provide funding in the form of financial
assistance to recipients for their
performance of a public purpose.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
NASA certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule does not impose any
additional requirements on small
entities and currently less than 1
percent of recipients of NASA grants
and cooperative agreements receive
profit or management fees.
rmajette on DSK2TPTVN1PROD with RULES
V. Paperwork Reduction Act
The Paper Reduction Act (Pub. L.
104–13) is not applicable because the
prohibition on payment of profit and
management fees by NASA does not
require the submission of any
information by recipients that requires
the approval of the Office of
Management and Budget under 44
U.S.C. 3501, et seq.
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15:19 Nov 12, 2014
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List of Subjects in 14 CFR 1260
Colleges and universities, Business
and Industry, Grant programs, Grants
administration, Cooperative agreements,
State and local governments, Non-profit
organizations, Commercial firms,
Recipients.
Cynthia Boots,
Alternate Federal Register Liaison
PART 1260–GRANTS AND
COOPERATIVE AGREEMENTS
1. The authority citation for 14 CFR
1260 continues to read as follows:
■
Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97–
258, 96 Stat. 1003 (31 U.S.C. 6301, et seq.),
and OMB Circular A–110.
2. In § 1260.4, paragraph (b)(2) is
revised to read as follows:
■
Applicability.
*
*
*
*
*
(b) * * *
(2) Payment of fee or profit is
consistent with an activity whose
principal purpose is the acquisition of
goods and services for the direct benefit
or use of the United States Government,
rather than an activity whose principal
purpose is assistance. Therefore, the
grants officer shall use a procurement
contract, rather than assistance
instrument, in all cases where fee or
profit is to be paid to the recipient of the
instrument or the instrument is to be
used to carry out a program where fee
or profit is necessary to achieving
program objectives. Grants and
cooperative agreements shall not
provide for the payment of fee or profit
to the recipient.
*
*
*
*
*
■ 3. In § 1260.10, paragraph (b)(1)(iv) is
added to read as follows:
§ 1260.10
Proposals.
*
*
*
*
*
(b) * * *
(1) * * *
(iv) Payment of fee or profit is
consistent with an activity whose
principal purpose is the acquisition of
goods and services for the direct benefit
or use of the United States Government,
rather than an activity whose principal
purpose is assistance. Therefore, the
grants officer shall use a procurement
contract, rather than assistance
instrument, in all cases where fee or
profit is to be paid to the recipient of the
instrument or the instrument is to be
used to carry out a program where fee
or profit is necessary to achieving
program objectives. Grants and
PO 00000
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cooperative agreements shall not
provide for the payment of fee or profit
to the recipient.
*
*
*
*
*
■ 4. In § 1260.14, paragraph (e) is added
to read as follows:
§ 1260.14
Limitations.
*
Accordingly, 14 CFR Part 1260 is
amended as follows:
§ 1260.4
67349
*
*
*
*
(e) Payment of fee or profit is
consistent with an activity whose
principal purpose is the acquisition of
goods and services for the direct benefit
or use of the United States Government,
rather than an activity whose principal
purpose is assistance. Therefore, the
grants officer shall use a procurement
contract, rather than assistance
instrument, in all cases where fee or
profit is to be paid to the recipient of the
instrument or the instrument is to be
used to carry out a program where fee
or profit is necessary to achieving
program objectives. Grants and
cooperative agreements shall not
provide for the payment of fee or profit
to the recipient.
[FR Doc. 2014–26856 Filed 11–12–14; 8:45 am]
BILLING CODE 7510–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2009–0038]
RIN 096–AH03
Revised Medical Criteria for Evaluating
Genitourinary Disorders; Correction
Social Security Administration.
Final rule; correction.
AGENCY:
ACTION:
This document corrects a
misspelling in the regulatory language
of our final rulemaking published in the
Federal Register on Friday, October 10,
2014, titled Revised Medical Criteria for
Evaluating Genitourinary Disorders.
DATES: Effective December 9, 2014.
FOR FURTHER INFORMATION CONTACT:
Cheryl A. Williams, Office of Medical
Policy, Social Security Administration,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, (410) 965–1020.
For information on eligibility or filing
for benefits, call our national toll-free
number, 1–800–772–1213, or TTY 1–
800–325–0778, or visit our Internet site,
Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: On
October 10, 2014 we published a final
rulemaking in the Federal Register at 79
FR 61221. The final rulemaking
contained an incorrect spelling of
exstrophic. We are correcting that
misspelling.
SUMMARY:
E:\FR\FM\13NOR1.SGM
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67350
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
Correction
In final rule FR Doc 2014–24114
published on October 10, 2014 at 79 FR
61221, in the regulatory language
section, make the following correction:
Appendix 1 to Subpart P of Part 404—
[Corrected]
1. On page 61225 in the 2nd column,
in paragraph A of Listing 106.00 of Part
B of Appendix 1 to Subpart P of Part
404, correct ‘‘exotrophic’’ to read
‘‘exstrophic’’.
■
Paul Kryglik,
Director, Office of Regulations and Reports
Clearance, Office of Legislative and
Congressional Affairs, Social Security
Administration.
[FR Doc. 2014–26745 Filed 11–12–14; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9701]
RIN 1545–BK80
Arbitrage Rebate Overpayments on
Tax-Exempt Bonds
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document contains final
regulations that provide guidance on the
recovery of overpayments of arbitrage
rebate on tax-exempt bonds and other
tax-advantaged bonds. These final
regulations provide the deadline for
filing a claim for an arbitrage rebate
overpayment and certain other rules.
These final regulations affect issuers of
tax-exempt and tax-advantaged bonds.
DATES: Effective date: These regulations
are effective on November 13, 2014.
Applicability date: For dates of
applicability, see § 1.148–11(l)(4).
FOR FURTHER INFORMATION CONTACT:
Timothy Jones at (202) 317–6980 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
rmajette on DSK2TPTVN1PROD with RULES
Background
On September 16, 2013, the IRS
published a Notice of Proposed
Rulemaking (REG–148812–11) in the
Federal Register (78 FR 56841) (the
‘‘Proposed Regulations’’). A public
hearing was scheduled for February 5,
2014, but later was cancelled because no
one requested to speak. However, two
comments responding to the Proposed
Regulations were received. After
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15:19 Nov 12, 2014
Jkt 235001
consideration of these comments, the
Proposed Regulations are adopted as
revised by this Treasury decision.
Explanation of Provisions and
Summary of Comments
The final regulations amend the
Income Tax Regulations (26 CFR part 1)
on the arbitrage investment restrictions
on tax-exempt bonds and other taxadvantaged bonds under section 148 of
the Internal Revenue Code (Code).
Section 1.148–3(i) of the existing
Income Tax Regulations provides that
an issuer may recover an overpayment
of arbitrage rebate and similar payments
on an issue of tax-exempt bonds if the
issuer establishes to the satisfaction of
the Commissioner that the overpayment
occurred.
Rev. Proc. 2008–37 (2008–2 CB 137)
provides procedures for filing claims for
the refund of arbitrage rebate and
similar payments and imposes a
deadline for filing such claims. In
particular, a claim for a refund must be
filed no later than two years after the
final arbitrage computation date for the
issue from which the claim arose. A
transition rule applies to issues with a
final computation date on or before June
24, 2008. Like the Proposed Regulations,
the final regulations include this twoyear limitation on filing claims as well
as the transition rule.
The final regulations also adopt the
rule in the Proposed Regulations that
the Commissioner may request
additional information to support a
claim, specify a date for a return of that
information, and deny the claim if the
information is not returned by the date
specified in the Commissioner’s request
or, if the Commissioner grants the issuer
an extension to provide the information,
by the extension date. Under both the
Proposed Regulations and final
regulations, if the Commissioner denies
a claim because the Commissioner
asserts that it was filed after the twoyear deadline or that the information
requested by the Commissioner was not
received by the date specified in the
request for such additional information,
the issuer may appeal the denial to the
Office of Appeals. If the Office of
Appeals concludes that the claim was
timely filed or the requested
information was timely submitted, as
applicable, the case will be returned to
the Commissioner for further
consideration of the merits of the claim.
The final regulations amend the
Proposed Regulations to take into
account a comment received suggesting
that the Proposed Regulations be revised
to provide a minimum time period for
issuers to respond to any request by the
Commissioner for additional
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
information. In response to this request,
the final regulations revise the Proposed
Regulations to provide that issuers will
be given at least 21 calendar days to
respond to a request for additional
information. The 21 day period is
consistent with the time period
provided by the IRS in other instances
for submitting additional information.
See, for example, section 8.05 of Rev.
Proc. 2014–1, 2014–1 IRB 1, 31
(providing taxpayers with 21 days to
submit additional information requested
by the IRS in connection with the
evaluation of a letter ruling request).
Another commenter questioned the
Commissioner’s authority to impose the
two-year limitation on filing of claims
for recovery of an overpayment of
arbitrage rebate. The commenter also
expressed a concern that an issuer’s
right to proceed to court could expire
while the issuer’s claim awaits review
by the Commissioner.
Treasury and the IRS believe that the
Commissioner’s authority to impose the
two-year limitation arises from the
broad grant of authority to prescribe
regulations under section 148(i). In
addition, an issuer’s right to proceed to
court cannot expire in the manner
suggested by the commenter because
sections 6532 and 7422 apply to the
recovery of arbitrage rebate
overpayments. Under section 7422, a
claim for the recovery of an alleged
arbitrage overpayment cannot be filed in
any court until a claim for such amount
has been filed with the Secretary. Under
section 6532, a proceeding to recover an
alleged overpayment of arbitrage
generally may not begin before the
expiration of six months from the date
the claim required by section 7422 has
been filed with the Secretary, nor after
the expiration of two years from the date
the taxpayer is notified of the claim
denial. Thus, the final regulations adopt
the two-year limitation without change.
Certain changes made by the final
regulations to the procedures for
processing arbitrage rebate overpayment
claims are not reflected in Rev. Proc.
2008–37. As a result, the Treasury
Department and the IRS intend to
publish guidance updating Rev. Proc.
2008–37 to take into account changes
made by the final regulations.
Comments are requested on whether
other changes should be made to the
procedures as part of that guidance.
Effective/Applicability Date
In accordance with section
7805(b)(1)(C) and Rev. Proc. 2008–37,
§ 1.148–3(i)(3)(i) of the final regulations
applies to refund claims arising from an
issue of bonds to which § 1.148–3(i)
applies and for which the final
E:\FR\FM\13NOR1.SGM
13NOR1
Agencies
[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Rules and Regulations]
[Pages 67349-67350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26745]
=======================================================================
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2009-0038]
RIN 096-AH03
Revised Medical Criteria for Evaluating Genitourinary Disorders;
Correction
AGENCY: Social Security Administration.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document corrects a misspelling in the regulatory
language of our final rulemaking published in the Federal Register on
Friday, October 10, 2014, titled Revised Medical Criteria for
Evaluating Genitourinary Disorders.
DATES: Effective December 9, 2014.
FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Office of Medical
Policy, Social Security Administration, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, (410) 965-1020. For information on
eligibility or filing for benefits, call our national toll-free number,
1-800-772-1213, or TTY 1-800-325-0778, or visit our Internet site,
Social Security Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: On October 10, 2014 we published a final
rulemaking in the Federal Register at 79 FR 61221. The final rulemaking
contained an incorrect spelling of exstrophic. We are correcting that
misspelling.
[[Page 67350]]
Correction
In final rule FR Doc 2014-24114 published on October 10, 2014 at 79
FR 61221, in the regulatory language section, make the following
correction:
Appendix 1 to Subpart P of Part 404--[Corrected]
0
1. On page 61225 in the 2nd column, in paragraph A of Listing 106.00 of
Part B of Appendix 1 to Subpart P of Part 404, correct ``exotrophic''
to read ``exstrophic''.
Paul Kryglik,
Director, Office of Regulations and Reports Clearance, Office of
Legislative and Congressional Affairs, Social Security Administration.
[FR Doc. 2014-26745 Filed 11-12-14; 8:45 am]
BILLING CODE 4191-02-P