Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates-Passport and Citizenship Services Fee Changes; Correction, 55242-55243 [2015-23140]
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Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
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(Ref. 1).
V. Paperwork Reduction Act of 1995
This final rule contains no collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C.
3518(c)(1)(B)(ii)). Therefore, clearance
by the Office of Management and
Budget is not required under the
Paperwork Reduction Act of 1995.
VI. Federalism
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
Agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
VII. Environmental Impact
The Agency has determined under 21
CFR 25.30(h) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
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VIII. Reference
The following reference has been
placed on display in the Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852,
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday, and is available
electronically at https://
www.regulations.gov. (FDA has verified
the Web site address in this Reference
section, but FDA is not responsible for
any subsequent changes to the Web site
after this document publishes in the
Federal Register.)
1. Final Regulatory Impact Analysis, Final
Regulatory Flexibility Analysis, and Final
Unfunded Mandates Reform Act Analysis for
Administrative Destruction of Certain Drugs
Refused Admission to the United States,
available at https://www.fda.gov/AboutFDA/
ReportsManualsForms/Reports/
EconomicAnalyses/default.htm#.
List of Subjects in 21 CFR Part 1
Cosmetics, Drugs, Exports, Food
labeling, Imports, Labeling, Reporting
and recordkeeping requirements.
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19:08 Sep 14, 2015
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Therefore, under the Federal Food,
Drug, and Cosmetic Act, and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 1 is
amended as follows:
PART 1—GENERAL ENFORCEMENT
REGULATIONS
1. The authority citation for 21 CFR
part 1 continues to read as follows:
paragraph (a) of this section into a single
proceeding.
Dated: September 9, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–23124 Filed 9–14–15; 8:45 am]
BILLING CODE 4164–01–P
■
Authority: 15 U.S.C. 1333, 1453, 1454,
1455, 4402; 19 U.S.C. 1490, 1491; 21 U.S.C.
321, 331, 332, 333, 334, 335a, 343, 350c,
350d, 352, 355, 360b, 360ccc, 360ccc–1,
360ccc–2, 362, 371, 374, 381, 382, 387, 387a,
387c, 393; 42 U.S.C. 216, 241, 243, 262, 264.
■
2. Revise § 1.94 to read as follows:
§ 1.94 Hearing on refusal of admission or
destruction.
(a) If it appears that the article may be
subject to refusal of admission, or that
the article is a drug that may be subject
to destruction under section 801(a) of
the Federal Food, Drug, and Cosmetic
Act, the district director shall give the
owner or consignee a written notice to
that effect, stating the reasons therefor.
The notice shall specify a place and a
period of time during which the owner
or consignee shall have an opportunity
to introduce testimony. Upon timely
request giving reasonable grounds
therefor, such time and place may be
changed. Such testimony shall be
confined to matters relevant to the
admissibility or destruction of the
article, and may be introduced orally or
in writing.
(b) If such owner or consignee
submits or indicates his or her intention
to submit an application for
authorization to relabel or perform other
action to bring the article into
compliance with the Federal Food,
Drug, and Cosmetic Act or to render it
other than a food, drug, device, or
cosmetic, such testimony shall include
evidence in support of such application.
If such application is not submitted at
or prior to the hearing on refusal of
admission, the district director shall
specify a time limit, reasonable in the
light of the circumstances, for filing
such application.
(c) If the article is a drug that may be
subject to destruction under section
801(a) of the Federal Food, Drug, and
Cosmetic Act, the district director may
give the owner or consignee a single
written notice that provides the notice
on refusal of admission and the notice
on destruction of an article described in
paragraph (a) of this section. The district
director may also combine the hearing
on refusal of admission with the hearing
on destruction of the article described in
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 9269]
RIN 1400–AD71
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and
Consulates—Passport and Citizenship
Services Fee Changes; Correction
Department of State.
Interim final rule; correction.
AGENCY:
ACTION:
The Department of State
published an interim final rule on
September 8, 2015, amending the
Schedule of Fees for Consular Services
(Schedule) for certain passport fees and
citizenship services fees. The document
contained an incorrect effective date for
a portion of the rule. This document
corrects the rule.
DATES: The effective date of the
amendments to § 22.1, Items 2.(a), 2.(b),
and 2.(g), published in the Federal
Register on September 8, 2015 (80 FR
53704), is corrected to September 26,
2015.
SUMMARY:
Jill
Warning, Special Assistant, Office of the
Comptroller, Bureau of Consular Affairs,
Department of State; phone: 202–485–
6681, telefax: 202–485–6826; email:
fees@state.gov.
SUPPLEMENTARY INFORMATION: The
Department of State published an
interim final rule on September 8, 2015
(80 FR 53704); this document corrects
the effective date for one portion of the
rulemaking. The other dates applicable
to the rulemaking, as well as the
duration of the public comment period,
are unchanged.
FOR FURTHER INFORMATION CONTACT:
Corrections
In FR Rule Doc. 2015–22054, in the
Federal Register of September 8, 2015
(80 FR 53704), the following corrections
are made:
1. On page 53704 in the second
column, the first sentence of the DATES
section is corrected to read: ‘‘Section
22.1, Items 2.(a), 2.(b), and 2.(g) of this
rule become effective on September 26,
2015.’’
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15SER1
Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
2. On page 53709, in the third
column, amendatory instruction 2a is
corrected to read:
‘‘a. Revising Items 2.(a), (b), and (g),
effective September 26, 2015; and’’
Dated: September 9, 2015.
David T. Donahue,
Acting Assistant Secretary of State for
Consular Affairs, U.S. Department of State.
[FR Doc. 2015–23140 Filed 9–14–15; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9737]
RIN 1545–BK96
Controlled Group Regulation Examples
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
This document contains final
rules with revisions to examples that
illustrate the controlled group rules
applicable to regulated investment
companies (RICs). The revised examples
illustrate how the controlled group rules
affect the RIC asset diversification tests.
DATES: Effective Date: These regulations
are effective on September 15, 2015.
Applicability Dates: For dates of
applicability, see §§ 1.851–3(b), 1.851–
5(b).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Julanne Allen or Susan Baker of the
Office of Associate Chief Counsel
(Financial Institutions and Products) at
(202) 317–6945 (Julanne Allen) or (202)
317–7053 (Susan Baker) (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
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Background
This document contains amendments
to the Income Tax Regulations (26 CFR,
part 1) relating to the application of the
controlled group rules under section
851(c) to RICs.
To qualify as a RIC, a taxpayer must
meet asset diversification tests pursuant
to which, at the close of each quarter of
the RIC’s taxable year, not more than 25
percent of the value of the taxpayer’s
total assets may be invested in (i) the
securities (other than Government
securities or the securities of other RICs)
of any one issuer; (ii) the securities
(other than the securities of other RICs)
of two or more issuers that the taxpayer
controls and that are determined, under
regulations prescribed by the Secretary,
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19:08 Sep 14, 2015
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to be engaged in the same or similar
trades or businesses or related trades or
businesses; or (iii) the securities of one
or more qualified publicly traded
partnerships (as defined in section
851(h)) (the 25 percent tests). See
section 851(b)(3)(B).
Section 851(c) provides special rules
applicable to the asset diversification
requirements of section 851(b)(3),
including the 25 percent tests. The
controlled group rules in section
851(c)(1) provide that, when
ascertaining the value of a taxpayer’s
investment in the securities of an issuer
for purposes of determining whether the
25 percent tests have been met, the
taxpayer’s proper proportion of any
investment in the securities of such
issuer that are held by a member of the
taxpayer’s ‘‘controlled group’’ must be
aggregated with the taxpayer’s
investment in such issuer, as
determined under regulations.
Section 851(c)(3) defines a controlled
group as one or more chains of
corporations connected through stock
ownership with the taxpayer if (i) 20
percent or more of the total combined
voting power of all classes of stock
entitled to vote of each of the
corporations (except the taxpayer) is
owned directly by one or more of the
other corporations, and (ii) the taxpayer
owns directly at least 20 percent or
more of the total combined voting
power of all classes of stock entitled to
vote of at least one of the other
corporations.
On August 2, 2013, the Treasury
Department and the IRS published in
the Federal Register a notice of
proposed rulemaking (REG–114122–12
at 78 FR 46851) (NPRM). The proposed
regulations would revise certain
examples in § 1.851–5 to clarify that a
RIC and its controlled subsidiary are a
controlled group even if the group
consists of only that RIC and its
subsidiary.
No public hearing was requested or
held. Written comments responding to
the NPRM were received. The written
comments are available for public
inspection at https://
www.regulations.gov or upon request.
After consideration of all the comments,
these final regulations adopt the
provisions of the proposed regulations
with certain clarifications. The
comments and clarifications are
discussed in this preamble.
Summary of Comments and
Explanation of Revisions
Comments received in response to the
NPRM’s request for comments
addressed three general categories of
issues: (1) application of the proposed
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55243
changes to a parent RIC investing in the
stock of subsidiary RICs (a Fund of
Funds structure); (2) application of the
proposed changes to a RIC’s indirect
investment in qualified publicly traded
partnerships, as defined in section
851(h) (QPTPs); and (3) clarification of
existing regulatory language
implementing the controlled group rules
of section 851(c).
1. Fund of Funds
Commenters recognized that the
changes to the examples in § 1.851–5
apply to structures in which the
investments of a RIC (Upper RIC)
include stock of one or more subsidiary
RICs (Lower RICs). Commenters noted
that there may be uncertainty in
determining whether an Upper RIC
satisfies its 25 percent tests when what
might otherwise be a quarter-end
violation by the Lower RIC is saved
from being a violation by one or both of
the relief provisions in section 851(d)(1)
(sometimes called the ‘‘market value
exception’’ and the ‘‘30-day cure
provision’’) or when the Upper RIC and
a Lower RIC have different quarter end
testing dates.
To resolve this uncertainty,
commenters urged the Treasury
Department and the IRS either to
provide a safe harbor for Fund of Funds
structures or to exempt these structures
from the controlled group rules.
Commenters noted that securities of
RICs are listed as qualifying assets for
purposes of the ‘‘good asset’’ 50 percent
test of section 851(b)(3)(A) and are
correspondingly excluded from the
categories of assets listed in the 25
percent tests set forth in sections
851(b)(3)(B)(i) and (ii). In response to
these requests, the Treasury Department
and the IRS are issuing Revenue
Procedure 2015–45 (2015–39 IRB dated
September 28, 2015), which describes
conditions under which the IRS will
treat an Upper RIC that invests in one
or more Lower RICs as satisfying the 25
percent tests and provides procedures to
lessen the burden of demonstrating
compliance with the 25 percent tests,
applying the market value exception
and the 30-day cure provision, and
dealing with different quarter-end
testing dates.
2. QPTPs
Comments were received both on the
revised language in Example 1 and on
proposed Example 7. Example 7
illustrates the application of the
controlled group rules to a RIC’s
indirect investment in securities of
QPTPs.
In 2004, Congress enacted section
851(b)(2)(B), which facilitated
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Agencies
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)]
[Rules and Regulations]
[Pages 55242-55243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23140]
=======================================================================
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 9269]
RIN 1400-AD71
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates--Passport and Citizenship Services
Fee Changes; Correction
AGENCY: Department of State.
ACTION: Interim final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Department of State published an interim final rule on
September 8, 2015, amending the Schedule of Fees for Consular Services
(Schedule) for certain passport fees and citizenship services fees. The
document contained an incorrect effective date for a portion of the
rule. This document corrects the rule.
DATES: The effective date of the amendments to Sec. 22.1, Items 2.(a),
2.(b), and 2.(g), published in the Federal Register on September 8,
2015 (80 FR 53704), is corrected to September 26, 2015.
FOR FURTHER INFORMATION CONTACT: Jill Warning, Special Assistant,
Office of the Comptroller, Bureau of Consular Affairs, Department of
State; phone: 202-485-6681, telefax: 202-485-6826; email:
fees@state.gov.
SUPPLEMENTARY INFORMATION: The Department of State published an interim
final rule on September 8, 2015 (80 FR 53704); this document corrects
the effective date for one portion of the rulemaking. The other dates
applicable to the rulemaking, as well as the duration of the public
comment period, are unchanged.
Corrections
In FR Rule Doc. 2015-22054, in the Federal Register of September 8,
2015 (80 FR 53704), the following corrections are made:
1. On page 53704 in the second column, the first sentence of the
DATES section is corrected to read: ``Section 22.1, Items 2.(a), 2.(b),
and 2.(g) of this rule become effective on September 26, 2015.''
[[Page 55243]]
2. On page 53709, in the third column, amendatory instruction 2a is
corrected to read:
``a. Revising Items 2.(a), (b), and (g), effective September 26,
2015; and''
Dated: September 9, 2015.
David T. Donahue,
Acting Assistant Secretary of State for Consular Affairs, U.S.
Department of State.
[FR Doc. 2015-23140 Filed 9-14-15; 8:45 am]
BILLING CODE 4710-06-P