Unknown. Final and temporary regulations

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-11-10.xml --- 68 217 Monday, November 10, 2003 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Meetings: Scientific Counselors Board, 63799 03-28160 Agriculture Agriculture Department See Forest Service See National Agricultural Library NOTICES Agency information collection activities; proposals, submissions, and approvals, 63752-63755 03-28218 Coast Guard Coast Guard RULES Ports and waterways safety:

Vessels arriving in or departing from U.S. ports; notification requirements Correction, 63735 03-28189 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Columbia, 63769-63770 03-28171 Costa Rica, 63770-63771 03-28172 El Salvador, 63771 03-28173 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 63771-63772 03-28151 Grants and cooperative agreements; availability, etc.:

Postsecondary education and special education and rehabilitative services— Various grants; reopening deadline dates for application transmittal, 63772-63773 03-28177 Special education and rehabilitative services: Individuals with Disabilities Education Act (IDEA)— Infants and Toddlers with Disabilities Program, 63931-63971 03-28174 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Organic chemical manufacturing, 63851-63911 03-22310 Air pollution control: State operating permit programs— Michigan, 63735-63737 03-28213 NOTICES Agency information collection activities; proposals, submissions, and approvals, 63778-63779 03-28215 Committees; establishment, renewal, termination, etc.: FIFRA Scientific Advisory Panel, 63779-63786 03-28217 Superfund; response and remedial actions, proposed settlements, etc.: Arcanum Iron & Metal Site, OH, 63786 03-28216 Getzen Musical Instruments Site, WI, 63786 03-28214 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 63787-63796 03-28135 Farm Farm Credit Administration NOTICES Meetings;

Sunshine Act, 63796 03-28292 FAA Federal Aviation Administration NOTICES Airport noise compatibility program: Vero Beach Municipal Airport, FL, 63837-63838 03-28139 Meetings: Harmonization Work Program, 63838-63839 03-28241 Passenger facility charges; applications, etc.: North Bend, OR, et al., 63839-63841 03-28140 Reports and guidance documents; availability, etc.: Engine mount connection and winglets design for Aquila GmbH AT01 JAR-VLA Airplane, 63841-63842 03-28138 Federal Emergency Federal Emergency Management Agency RULES Disaster assistance:

Hazard mitigation planning and Hazard Mitigation Grant Program Correction, 63738 03-28167 PROPOSED RULES Flood elevation determinations: Various States, 63745-63747 03-28168 NOTICES Agency information collection activities; proposals, submissions, and approvals, 63812 03-28169 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Enron Wind LLC, et al., 63774-63776 E3-00188 Hydroelectric applications, 63776-63778 E3-00183 E3-00185 E3-00186 *Applications, hearings, determinations, etc.:* Energy 2001, Inc., 63773 E3-00184 Gulfstream Natural Gas System, L.L.C., 63773-63774 E3-00187 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 63796 03-28150 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 63842 03-28188 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: Northbrook Property & Casualty Insurance Co., 63847 03-28137 Fish Fish and Wildlife Service NOTICES Environmental statements; notice of intent:

Solano County, CA; Suisun Marsh; Habitat Management, Preservation and Restoration Plan, 63814-63815 03-27922 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 63799-63804 03-28194 03-28195 03-28196 Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— Delcobese tablets and capsules, 63804-63805 03-28193 Reports and guidance documents; availability, etc.: Bovine Spongiform Encephalopathy/Ruminant Feed Ban Inspections, 63805-63806 03-28192 Forest Forest Service NOTICES Environmental statements; notice of intent:

Payette National Forest, ID, 63755 03-28154 Tongass National Forest, AK, 63755-63757 03-28159 Meetings: Olympic Provincial Advisory Committee, 63757 03-28157 Resource Advisory Committees— Idaho Panhandle, 63757 03-28158 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Food and Drug Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: Family planning— Services grants, 63796-63797 03-28198 Scientific misconduct findings; administrative actions:

Gelband, Craig H., 63797-63799 03-28197 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 63812-63813 03-28144 03-28145 Regulatory waiver requests; quarterly listing, 63913-63930 03-28134 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 63758 03-28049 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau NOTICES Meetings:

Delaware and Lehigh National Heritage Corridor Commission, 63813-63814 03-28156 IRS Internal Revenue Service RULES Employment taxes and collection of income taxes at source: Split-dollar life insurance arrangements; correction, 63734-63735 03-28202 Income taxes: Partnership income; return, 63733-63734 03-28190 Special depreciation allowance Correction, 63734 03-28201 PROPOSED RULES Income taxes: Obligation-shifting transactions, multiple-party; realized income from leases, etc. and deductions claimed from another party; withdrawal, 63744 03-28203 Partnership income; return, 63743-63744 03-28191 Real estate mortgage investment conduits;

Section 446 application with respect to inducement fees; cancellation of public hearing, 63744-63745 03-28204 NOTICES Agency information collection activities; proposals, submissions, and approvals, 63847-63848 03-28205 International International Trade Administration NOTICES Antidumping: Forged stainless steel flanges from— India, 63758-63761 03-28225 International International Trade Commission NOTICES Import investigations: Wooden bedroom furniture from— China, 63816-63817 03-28227 Meetings;

Sunshine Act, 63817 03-28362 Justice Justice Department See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 63817-63819 03-28164 03-28165 Privacy Act: Systems of records, 63819-63820 03-28200 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 63820 03-28163 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Arizona, 63815 03-28155 Resource management plans, etc.:

Elko/Wells Resource Management Area, NV; proposed fire management amendment, 63815-63816 03-28081 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 63820 03-28228 National National Agricultural Library NOTICES Agency information collection activities; proposals, submissions, and approvals, 63757-63758 03-28220 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 63821-63822 03-28176 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Importation eligibility; determinations, 63843-63845 03-28142 03-28143 Reporting and recordkeeping requirements, 63845-63846 03-28141 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 63806 03-28237 03-28238 National Institute of Allergy and Infectious Diseases, 03-28231 03-28232 63807-63808 03-28233 National Institute of Diabetes and Digestive and Kidney Diseases, 63806-63807 03-28230 National Institute of General Medical Sciences, 63806, 63808 03-28229 03-28236 National Institute on Alcohol Abuse and Alcoholism, 63808 03-28235 Scientific Review Center, 63808-63811 03-28234 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Atlantic highly migratory species— Atlantic tunas, swordfish and sharks, 63738-63742 03-28209 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic tunas, swordfish, and sharks; size limit adjustments, 63747-63751 03-28130 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory; Mid-Atlantic Ocean; oceanographic surveys, 63761-63768 03-28129 Meetings: North Pacific Fishery Management Council, 63769 03-28132 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 63822-63823 03-28224 Meetings:

Business and Operations Advisory Committee, 63823 03-28223 Proposal review meetings, 63823 03-28222 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Kaiser Aluminum & Chemical Corp., 63824-63825 03-28183 Environmental statements; availability, etc.: Nuclear Fuel Services, Inc., 63825-63827 03-28182 Meetings: Nuclear Waste Advisory Committee, 63827-63828 03-28180 03-28181 Reactor Safeguards Advisory Committee, 63828-63829 03-28179 *Applications, hearings, determinations, etc.:* Department of Veterans Affairs Medical and Regional Office, 63823-63824 03-28184 Indiana Michigan Power Co., 63824 03-28185 Presidential Presidential Documents ADMINISTRATIVE ORDERS Immigration; refugee admissions numbers and authorization (Presidential Determination 2004-06 of October 21, 2003), 63979-63980 03-28360 International Criminal Court; waiving prohibition on United States military assistance to parties to the Rome Statute (Presidential Determination No. 2004-07 of November 1, 2003), 63981 03-28361 Liberia; certification concerning U.S. participation in the U.N. mission (Memorandum of October 20, 2003), 63973-63975 03-28358 Sudan; determination under the Sudan Peace Act (Presidential Determination No. 2004-05 of October 21, 2003), 63977 03-28359 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Solano County, CA; Suisun Marsh; Habitat Management, Preservation and Restoration Plan, 63814-63815 03-27922 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 63829 03-28186 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 63829-63831 03-28149 Depository Trust Co., 63831-63833 03-28148 Social Social Security Administration NOTICES Social security rulings: Disability and blindness claims evaluation for individuals age 65 and older, 63833-63837 03-28239 State State Department NOTICES Meetings:

Public Diplomacy, Advisory Commission, 63837 03-28221 Surface Surface Transportation Board NOTICES Railroad services abandonment: Great Western Railway of Colorado, 63846-63847 03-28097 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless Providers Grant and Per Diem Program, 63848-63850 03-28178 Separate Parts In This Issue Part II Environmental Protection Agency, 63851-63911 03-22310 Part III Housing and Urban Development Department, 63913-63930 03-28134 Part IV Education Department, 63931-63971 03-28174 Part V Executive Office of the President, Presidential Documents, 63973-63975, 63977, 63979-63981 03-28358 03-28359 03-28360 03-28361 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 217 Monday, November 10, 2003 Rules and Regulations DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9094] RIN 1545-BC01 Return of Partnership Income AGENCY: Internal Revenue Service (IRS), Treasury. ACTION:

Final and temporary regulations. SUMMARY: This document contains final and temporary regulations that authorize the Commissioner to provide exceptions to the requirements of section 6031(a) of the Internal Revenue Code for certain partnerships by guidance published in the Internal Revenue Bulletin. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the **Federal Register** . DATES: *Effective Date:* These regulations are effective November 5, 2003. *Applicability Date:* For dates of applicability, see §§ 1.6031(a)-1(f)(2) and 1.6031(a)-1T(f)(2).

FOR FURTHER INFORMATION CONTACT: David A. Shulman,

(202)622-3070 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background A partnership may be used to create the economic equivalent of a variable-rate tax-exempt bond. The partnership acquires a tax-exempt obligation and issues both interests that are entitled to preferred returns based on current short-term yields on tax-exempt obligations (variable-rate interests) and interests that are entitled to the rest of the partnership's income (inverse interests). As a consequence of this structure, the partner that holds a variable-rate interest in the partnership receives a return that is equivalent to the return on a variable-rate tax-exempt bond. Under section 702(b), income received by a partnership generally retains its character when allocated to a partner. Section 6031(a) requires every partnership to make a return for each taxable year stating specifically the items of its gross income and the deductions allowable by subtitle A of the Internal Revenue Code, as well as other specified information. Section 6031(b) requires every partnership that is required to file a return under section 6031(a) to provide each person who is a partner with such information as may be required by regulations. Section 1.6031(b)-1T(a)(3) provides that the partner must be provided such information as is required by any form or instructions that may be required. Generally, a Schedule K-1 (Form 1065) must be provided to each partner. Section 404 of the Tax Equity and Fiscal Responsibility Act of 1982 (Pub. L. 97-248; 96 Stat. 324, 669) (TEFRA) authorizes regulations that provide exceptions to the filing requirement of section 6031. Current § 1.6031(a)-1(a)(3) and

(c)provides exceptions for partnerships that have no income, deductions, or credits for a taxable year and for eligible partnerships that elect to be excluded from the application of subchapter K in the manner specified by § 1.761-2(b)(2)(i) or are deemed to have so elected under § 1.761-2(b)(2)(ii). The Treasury Department and the IRS believe that it is in the interest of sound and efficient administration of the tax laws to permit the Commissioner to provide in a timely and flexible manner for an additional exception to the requirements of section 6031(a) in situations in which all or substantially all of the partnership's income is derived from the holding or disposition of tax-exempt obligations or shares in a regulated investment company (as defined in section 851(a))(RIC) that pays exempt-interest dividends (as defined in section 852(b)(5)). Explanation of Provisions Under temporary regulations, the Commissioner may, in guidance published in the Internal Revenue Bulletin, provide an exception to the reporting requirements of section 6031(a) for partnerships in situations in which all or substantially all of the partnership's income is derived from the holding or disposition of tax-exempt obligations (as defined in section 1275(a)(3) and § 1.1275-1(e)) or shares in a RIC that pays exempt-interest dividends (as defined in section 852(b)(5)). The exception may be conditioned on substitute reporting and eligibility and other requirements. In conjunction with issuance of this temporary regulation, the Commissioner is publishing Rev. Proc. 2003-84, I.R.B. 2003-48, which provides for an exception to section 6031 for specified eligible partnerships. Effective Date These regulations are effective November 5, 2003. Special Analyses These temporary regulations are necessary to allow the publication of guidance in the Internal Revenue Bulletin to reduce the burden on certain partnerships. Accordingly, good cause is found for dispensing with notice and public procedure pursuant to 5 U.S.C. 553(b)(B) and with a delayed effective date pursuant to 5 U.S.C. 553(d)(1) and (3). It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. Because no preceding notice of proposed rulemaking is required for this temporary regulation, the provisions of the Regulatory Flexibility Act do not apply. Pursuant to section 7805(f) of the Code, these temporary regulations will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regulations is David A. Shulman of the Office of the Associate Chief Counsel (Passthroughs & Special Industries), IRS. However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 is amended by adding the following citation: **Authority:** 26 U.S.C. 7805. * * * Section 1.6031(a)-1T also issued under section 404 of the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248; 96 Stat. 324, 669) (TEFRA). * * * **Par. 2.** Section 1.6031(a)-1 is amended as follows: 1. In paragraph (a)(1), the first sentence is amended by adding the language “and § 1.6031(a)-1T” immediately following the language “of this section”. 2. The text of paragraph (a)(3) is redesignated as paragraph (a)(3)(i). 3. Paragraph (a)(3)(ii) is added. 4. Paragraph

(f)is revised. The additions and revisions read as follows: § 1.6031(a)-1 Return of partnership income.

(a)* * *

(3)* * *

(i)* * *

(ii)[Reserved]. For further guidance see § 1.6031(a)-1T(a)(3)(ii).

(f)*Effective dates.* This section applies to taxable years of a partnership beginning after December 31, 1999, except that'

(1)Paragraph (b)(3) of this section applies to taxable years of a foreign partnership beginning after December 31, 2000; and

(2)[Reserved]. For further guidance, see § 1.6031(a)-1T(f)(2). **Par. 3.** Section 1.6031(a)-1T is added to read as follows: § 1.6031(a)-1T Return of partnership income (temporary).

(a)through (a)(3)(i) [Reserved]. For further guidance see § 1.6031(a)-1(a) through (a)(3)(i).

(ii)The Commissioner may, in guidance published in the Internal Revenue Bulletin ( *see* § 601.601(d)(2)(ii)(b) of this chapter), provide for an exception to partnership reporting under section 6031 and for conditions for the exception, if all or substantially all of a partnership's income is derived from the holding or disposition of tax-exempt obligations (as defined in section 1275(a)(3) and § 1.1275-1(e)) or shares in a regulated investment company (as defined in section 851(a)) that pays exempt-interest dividends (as defined in section 852(b)(5)). (a)(4) through (f)(1) [Reserved]. For further guidance see § 1.6031(a)-1(a)(4) through (f)(1). (f)(2) *Effective dates.* Paragraph (a)(3)(ii) of this section applies to taxable years of a partnership beginning on or after November 5, 2003. The applicability of paragraph (a)(3)(ii) of this section expires on or before November 6, 2006. Dated: October 30, 2003. Mark E. Matthews, Deputy Commissioner for Services and Enforcement. Pamela F. Olson, Assistant Secretary of the Treasury. [FR Doc. 03-28190 Filed 11-5-03; 1:41 pm]

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