Change of Newark Liberty International Airport (EWR) Designation; Notification of Availability of Final CATEX Declaration and Supporting Material, 32636 [2016-12252]
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Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations
affiliates,’’ under 13 CFR 121.104(a).
These transactions are commonly
referred to as interaffiliate transactions.
The intent of this exclusion is to avoid
counting the same receipts twice when
determining the size of a particular
concern. This Statement of Policy
explains how SBA will apply the
exclusion.
Recent SBA size determinations and
decisions of the Office of Hearings and
Appeals have limited the exclusion by
applying it only to transactions between
affiliates that are eligible to file a
consolidated tax return. This
interpretation has been supported by
reference to a parenthetical that was
included with section 121.104(a) from
1996 to 2004, providing that the
exclusion would apply to interaffiliate
amounts ‘‘(if also excluded from gross or
total income on a consolidated return
filed with the IRS). . . .’’ 13 CFR
121.104(a)(1) (1996); 61 FR 3280 (Jan.
31, 1996). While this parenthetical was
in place, SBA excluded only those
interaffiliate transactions that were also
excluded from consolidated tax returns
filed by a concern and its affiliate. This
policy necessarily required that the
transaction occur between two firms
that filed consolidated returns.
SBA deleted the parenthetical in
2004. In the preamble to the final rule
issued May 21, 2004, SBA stated that it
was deleting the parenthetical because
‘‘[w]hether a consolidated return is filed
should have no bearing on whether
properly documented interaffiliate
transactions are excluded from annual
receipts.’’ 69 FR 29192, 29196 (May 21,
2004). Thus, since May 2004, the
regulation has provided for an exclusion
from receipts for ‘‘proceeds from
transactions between a concern and its
domestic or foreign affiliates.’’ 13 CFR
121.104(a). The regulation does not
include a limitation on the types of
affiliates for which interaffiliate
transactions can be excluded, and in no
way ties the exclusion to a concern’s
ability to file a consolidated tax return
with the identified affiliate.
SBA believes that the current
regulatory language is clear on its face.
It specifically excludes all proceeds
from transactions between a concern
and its affiliates, without limitation.
Moreover, the regulatory history
supports the position that the exclusion
for interaffiliate transactions is available
regardless of the manner of affiliation
between a concern and its affiliate. SBA
recognized that excluding interaffiliate
transactions only when they are
identified on a consolidated tax return
often perpetuated the double-counting
of receipts. By saying that ‘‘[w]hether a
consolidated return is filed should have
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17:11 May 23, 2016
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no bearing on whether properly
documented interaffiliate transactions
are excluded from annual receipts,’’
SBA did not mean to imply that a
concern and its affiliate must be able to
file a consolidated tax return in order to
receive the exclusion from doublecounting interaffiliate transactions.
Conversely, SBA was attempting to
make clear that it did not support the
practice of double-counting receipts
between affiliates generally.
Because the regulatory text does not
contain a restriction, a regulatory
change is not necessary. SBA will
consider comments submitted regarding
this policy.
Statement of Policy
SBA will not restrict the exclusion for
interaffiliate transactions to transactions
between a concern and a firm with
which it could file a consolidated tax
return. The exclusion for interaffiliate
transactions may be applied to
interaffiliate transactions between a
concern and a firm with which it is
affiliated under the principles in 13 CFR
121.103. Where SBA is conducting a
size determination, SBA requires that
exclusions claimed under section
121.104(a) be specifically identified by
the concern whose size is at issue and
be properly documented. This policy is
effective immediately.
International Airport (EWR) as a Level
2 schedule-facilitated airport.
DATES: May 24, 2016.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Susan Pfingstler, System
Operations Services, Air Traffic
Organization, Federal Aviation
Administration, 600 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–6462; email
susan.pfingstler@faa.gov.
SUPPLEMENTARY INFORMATION: On April
6, 2016, the FAA published the ‘‘Change
of Newark Liberty International Airport
(EWR) Designation’’ document in order
to redesignate Newark Liberty
International Airport as a Level 2
schedule-facilitated airport under the
International Air Transport Association
Worldwide Slot Guidelines effective for
the winter 2016 scheduling season,
which begins on October 30, 2016.1
On April 5, 2016, the FAA posted a
copy of a draft of Env Rev Attach A in
the docket associated with the April 6,
2016 document. The FAA has corrected
this action by posting the final CATEX
documents (the signed CATEX
declaration and final Attachment A:
Environmental Review of Proposed
Change of Operating Authorization
Requirement at Newark Liberty
International Airport) to the docket.
Dated: May 18, 2016.
Maria Contreras-Sweet,
Administrator.
Issued in Washington, DC, on May 18,
2016.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2016–12260 Filed 5–23–16; 8:45 am]
[FR Doc. 2016–12252 Filed 5–23–16; 8:45 am]
BILLING CODE 8025–01–P
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Federal Aviation Administration
14 CFR Part 93
14 CFR Part 93
[Docket No. FAA–2008–0221]
[Docket No. FAA–2007–29320]
Change of Newark Liberty International
Airport (EWR) Designation;
Notification of Availability of Final
CATEX Declaration and Supporting
Material
Operating Limitations at John F.
Kennedy International Airport
Federal Aviation
Administration (FAA), DOT.
ACTION: Notification of availability.
AGENCY:
This action announces the
placement in the docket of the final
documented categorical exclusion (the
signed CATEX declaration and final
Attachment A: Environmental Review of
Proposed Change of Operating
Authorization Requirement at Newark
Liberty International Airport) for the
redesignation of Newark Liberty
SUMMARY:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
Federal Aviation
Administration (FAA), DOT.
ACTION: Extension to Order.
AGENCY:
This action extends the Order
Limiting Operations at John F. Kennedy
International Airport (JFK) published on
January 18, 2008, and most recently
extended March 26, 2014. The Order
remains effective until October 27, 2018.
DATES: This action is effective on May
24, 2016.
ADDRESSES: Requests may be submitted
by mail to Slot Administration Office,
SUMMARY:
1 81
FR 19861.
E:\FR\FM\24MYR1.SGM
24MYR1
]]>Agencies
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Page 32636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12252]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2008-0221]
Change of Newark Liberty International Airport (EWR) Designation;
Notification of Availability of Final CATEX Declaration and Supporting
Material
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notification of availability.
-----------------------------------------------------------------------
SUMMARY: This action announces the placement in the docket of the final
documented categorical exclusion (the signed CATEX declaration and
final Attachment A: Environmental Review of Proposed Change of
Operating Authorization Requirement at Newark Liberty International
Airport) for the redesignation of Newark Liberty International Airport
(EWR) as a Level 2 schedule-facilitated airport.
DATES: May 24, 2016.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Susan Pfingstler, System Operations Services, Air
Traffic Organization, Federal Aviation Administration, 600 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-6462; email
susan.pfingstler@faa.gov.
SUPPLEMENTARY INFORMATION: On April 6, 2016, the FAA published the
``Change of Newark Liberty International Airport (EWR) Designation''
document in order to redesignate Newark Liberty International Airport
as a Level 2 schedule-facilitated airport under the International Air
Transport Association Worldwide Slot Guidelines effective for the
winter 2016 scheduling season, which begins on October 30, 2016.\1\
---------------------------------------------------------------------------
\1\ 81 FR 19861.
---------------------------------------------------------------------------
On April 5, 2016, the FAA posted a copy of a draft of Env Rev
Attach A in the docket associated with the April 6, 2016 document. The
FAA has corrected this action by posting the final CATEX documents (the
signed CATEX declaration and final Attachment A: Environmental Review
of Proposed Change of Operating Authorization Requirement at Newark
Liberty International Airport) to the docket.
Issued in Washington, DC, on May 18, 2016.
Lorelei Peter,
Assistant Chief Counsel for Regulations.
[FR Doc. 2016-12252 Filed 5-23-16; 8:45 am]
BILLING CODE 4910-13-P
