66646 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2018–0265); (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Indians, 

Intergovernmental relations, Nuclear 

energy, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is proposing to 

adopt the following amendments to 10 

CFR part 72: 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 

183, 184, 186, 187, 189, 223, 234, 274 (42 

U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 

2099, 2111, 2201, 2210e, 2232, 2233, 2234, 

2236, 2237, 2238, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

National Environmental Policy Act of 1969 

(42 U.S.C. 4332); Nuclear Waste Policy Act 

of 1982, secs. 117(a), 132, 133, 134, 135, 137, 

141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 

10152, 10153, 10154, 10155, 10157, 10161, 

10165(g), 10168, 10198(a)); 44 U.S.C. 3504 

note. 

■ 2. In § 72.214, Certificate of 

Compliance 1029 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1029. 

Initial Certificate Effective Date: 

February 5, 2003. 

Amendment Number 1 Effective Date: 

May 16, 2005. 

Amendment Number 2 Effective Date: 

Amendment not issued by the NRC. 

Amendment Number 3 Effective Date: 

February 23, 2015. 

Amendment Number 4 Effective Date: 

March 12, 2019. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis 

Report for the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System for Irradiated Nuclear Fuel. 

Docket Number: 72–1029. 

Certificate Expiration Date: February 

5, 2023. 

Model Number: Standardized 

Advanced NUHOMS®-24PT1, -24PT4, 

and -32PTH2. 

* * * * * 

Dated at Rockville, Maryland, this 19th day 

of December, 2018. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Executive Director for Operations. 

[FR Doc. 2018–27950 Filed 12–26–18; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Proposed Modification of the Miami, 

FL, Class B Airspace; and the Fort 

Lauderdale, FL, Class C Airspace 

Areas; Public Meeting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of meeting. 

SUMMARY: This notice announces a factfinding informal airspace meeting 

regarding a plan to modify the Miami, 

FL, Class B Airspace, and the Fort 

Lauderdale, FL, Class C Airspace areas. 

The purpose of the meeting is to provide 

interested parties an opportunity to 

present views, recommendations, and 

comments on any proposed change to 

the airspace. All comments received 

during the meeting will be considered 

prior to any revision or issuance of a 

notice of proposed rulemaking. 

DATES: The meeting will be held on 

Wednesday, February 27, 2019, from 

3:00 p.m. to 5:30 p.m. Comments must 

be received on or before March 29, 2019. 

ADDRESSES: The meeting will be held at 

the following location: Broward College, 

South Campus Building 69, Room 133, 

7200 Pines Blvd., Pembroke Pines, FL 

33024. 

Comments: Send comments on the 

proposal, in triplicate, to: Ryan Almasy, 

Manager, Operations Support Group, 

Eastern Service Area, Air Traffic 

Organization, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, GA, 30320; or via email to: 9- 

AJV-MIAClassBComments@faa.gov. 

FOR FURTHER INFORMATION CONTACT: Bob 

Hildebidle, Manager, Miami ATCT/ 

TRACON, 6400 NW 22nd St., Miami, FL 

33122. Telephone: (305) 869–5402. 

SUPPLEMENTARY INFORMATION: 

Meeting Procedures 

(a) The meeting will be informal in 

nature and will be conducted by one or 

more representatives of the FAA Eastern 

Service Area. A representative from the 

FAA will present a briefing on the 

planned airspace modifications. Each 

participant will be given and 

opportunity to deliver comments or 

make a presentation, although a time 

limit may be imposed to accommodate 

closing times. Only comments 

concerning the plan to modify the 

Miami, FL, Class B Airspace, and the 

Fort Lauderdale, FL, Class C Airspace 

areas will be accepted. 

(b) The meeting will be open to all 

persons on a space-available basis. 

There will be no admission fee or other 

charge to attend and participate. 

(c) Any person wishing to make a 

presentation will be asked to sign in so 

those time frames can be established. 

This will permit the panel to allocate an 

appropriate amount of time for each 

presenter. This meeting will not be 

adjourned until everyone on the list has 

had an opportunity to address the panel. 

This meeting may be adjourned at any 

time if all persons present have had an 

opportunity to speak. 

(d) Position papers or other handout 

material relating to the substance of the 

meeting will be accepted. Participants 

submitting handout materials should 

present an original and two copies to 

the presiding officer. There should be an 

adequate number of copies for 

distribution to all participants. 

(e) This meeting will not be formally 

recorded. However, a summary of the 

comments made at the meeting will be 

filed in the docket. 

Information gathered through this 

meeting will assist the FAA in drafting 

a Notice of proposed rulemaking 

(NPRM). The public will be afforded the 

opportunity to comment on any NPRM 

published on this matter. 

Agenda for the Meeting 

—Sign-in 

—Presentation of Meeting Procedures 

—Informal Presentation of the Planned 

Airspace Modifications 

—Public Presentations and Discussions 

—Closing Comments 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O.10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 


khammond on DSK30JT082PROD with PROPOSAL
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 66647 

Issued in Washington, DC, on December 

17, 2018. 

Scott M. Rosenbloom, 

Acting Manager, Airspace Policy Group. 

[FR Doc. 2018–28114 Filed 12–26–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–113604–18] 

RIN 1545–BO86 

Gain or Loss of Foreign Persons From 

Sale or Exchange of Certain 

Partnership Interests 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations implementing 

section 864(c)(8) of the Internal Revenue 

Code. The proposed regulations affect 

certain foreign persons that recognize 

gain or loss from the sale or exchange 

of an interest in a partnership that is 

engaged in a trade or business within 

the United States. The proposed 

regulations also affect partnerships that, 

directly or indirectly, have foreign 

persons as partners. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by February 25, 2019. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–113604–18), 

Internal Revenue Service, Room 5203, 

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–113604– 

18), Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue NW, 

Washington, DC 20224, or sent 

electronically via the Federal 

eRulemaking Portal at http://

www.regulations.gov (IRS REG–113604– 

18). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Ronald M. Gootzeit or Chadwick 

Rowland, (202) 317–6937; concerning 

submissions of comments or requests for 

a public hearing, Regina L. Johnson, 

(202) 317–6901 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

A foreign partner in a partnership that 

is engaged in the conduct of a trade or 

business within the United States is 

itself considered to be so engaged. See 

section 875. Under a 1991 revenue 

ruling, in determining the tax 

consequences of the sale or exchange of 

a foreign partner’s interest in a 

partnership engaged in the conduct of a 

trade or business within the United 

States, the IRS held that the 

partnership’s property located in the 

United States that is used or held for use 

in the partnership’s trade or business 

within the United States is used to 

determine the extent to which income 

derived from the sale or exchange of the 

partnership interest is effectively 

connected with the conduct of the 

partner’s trade or business within the 

United States. Rev. Rul. 91–32, 1991–1 

C.B. 107. Under the ruling, if there is 

unrealized gain or loss in partnership 

assets that would be treated as 

effectively connected with the conduct 

of the partnership’s trade or business 

within the United States if those assets 

were sold by the partnership, some or 

all of the foreign person’s gain or loss 

from the sale or exchange of a 

partnership interest may be treated as 

effectively connected with the partner’s 

conduct of a trade or business within 

the United States. However, a 2017 Tax 

Court case held instead that, generally, 

gain or loss on the sale or exchange by 

a foreign person of an interest in such 

a partnership is foreign source gain or 

loss based on the residence of the 

selling partner because gain on the sale 

of the partnership interest is not 

attributable to the partnership’s assets 

and activities. As a result, such gain or 

loss generally would not be treated as 

effectively connected with the conduct 

of a trade or business. Grecian 

Magnesite Mining v. Commissioner, 149 

T.C. No. 3 (2017), appeal argued, No. 

17–1268 (D.C. Cir. Oct. 9, 2018). 

Section 864(c)(8), which was added to 

the Internal Revenue Code (the ‘‘Code’’) 

by section 13501 of the Tax Cuts and 

Jobs Act, Public Law 115–97 (2017) (the 

‘‘Act’’), generally overturns the result of 

Grecian Magnesite Mining v. 

Commissioner by providing that gain or 

loss of a nonresident alien individual or 

foreign corporation (a ‘‘foreign 

transferor’’) from the sale, exchange, or 

other disposition (‘‘transfer’’) of a 

partnership interest is treated as 

effectively connected with the conduct 

of a trade or business within the United 

States (‘‘effectively connected gain’’ or 

‘‘effectively connected loss’’) to the 

extent that the transferor would have 

had effectively connected gain or loss if 

the partnership had sold all of its assets 

at fair market value as of the date of the 

sale or exchange (‘‘deemed sale’’). 

Section 864(c)(8)(E) generally 

provides that the Secretary shall 

prescribe such regulations or other 

guidance as the Secretary determines 

appropriate for the application of 

section 864(c)(8). Section 864(c)(8) is 

effective for sales, exchanges, and 

dispositions on or after November 27, 

2017. 

New section 1446(f) was also added to 

the Code by section 13501 of the Act. 

Section 1446(f)(1) requires that the 

transferee of a partnership interest 

withhold 10 percent of the amount 

realized on the transferor’s disposition 

of the partnership interest (if any 

portion of the gain would be treated as 

effectively connected gain) unless the 

transferor certifies that the transferor is 

not a foreign person. Section 1446(f) is 

effective for sales, exchanges, and 

dispositions after December 31, 2017. 

On December 29, 2017, the 

Department of the Treasury (the 

‘‘Treasury Department’’) and the IRS 

released Notice 2018–08, 2018–7 I.R.B. 

352 (the ‘‘PTP Notice’’). The PTP Notice 

temporarily suspends the requirement 

to withhold on amounts realized in 

connection with the sale, exchange, or 

disposition of certain interests in 

publicly traded partnerships (‘‘PTPs’’) 

in response to stakeholder concerns that 

applying section 1446(f) to dispositions 

of interests in PTPs without guidance 

presented significant practical 

problems. On April 2, 2018, the 

Treasury Department and the IRS 

released Notice 2018–29, 2018–16 I.R.B. 

495, which announced an intent to issue 

proposed regulations under section 

1446(f) that apply in the case of a 

disposition of a partnership interest that 

is not publicly traded and provided 

temporary guidance. 

Explanation of Provisions 

I. Gain or Loss on the Transfer of a 

Partnership Interest 

Section 864(c)(8)(A) provides that 

gain or loss of a foreign transferor from 

the transfer of an interest, owned 

directly or indirectly, in a partnership 

that is engaged in any trade or business 

within the United States is treated as 

effectively connected gain or loss to the 

extent such gain or loss does not exceed 

the amount determined under section 

864(c)(8)(B). In general, section 

864(c)(8)(B) limits the amount of 

effectively connected gain or loss to the 

portion of the foreign transferor’s 

distributive share of gain or loss that 

would have been effectively connected 

gain or loss if the partnership had sold 

all of its assets at fair market value. The 

proposed regulations set forth rules for 

determining gain or loss described in 

section 864(c)(8)(A) and the limitation 

described in section 864(c)(8)(B), each 


khammond on DSK30JT082PROD with PROPOSAL