Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76321 

less than 1,000 feet over the waters 

within one nautical mile of any Island, 

except to engage in kelp bed surveys or 

to transport persons or supplies to or 

from an Island. Failure to maintain a 

minimum altitude of 1,000 feet above 

ground level over such waters is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

Subpart H—Gulf of Farallones National 

Marine Sanctuary 

3. Amend § 922.82 by revising 

paragraph (a)(8) to read as follows: 

§ 922.82 Prohibited or otherwise regulated 

activities. 

(a) * * * 

(8) Disturbing marine mammals or 

seabirds by flying motorized aircraft at 

less than 1,000 feet over the waters 

within one nautical mile of the Farallon 

Islands, Bolinas Lagoon, or any ASBS, 

except to transport persons or supplies 

to or from the Islands or for enforcement 

purposes. Failure to maintain a 

minimum altitude of 1,000 feet above 

ground level over such waters is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

Subpart M—Monterey Bay National 

Marine Sanctuary 

4. Amend § 922.132 by revising 

paragraph (a)(6) to read as follows: 

§ 922.132 Prohibited or otherwise 

regulated activities. 

(a) * * * 

(6) Disturbing marine mammals or 

seabirds by flying motorized aircraft, 

except as necessary for valid law 

enforcement purposes, at less than 1,000 

feet above any of the four zones within 

the Sanctuary described in Appendix B 

to this subpart. Failure to maintain a 

minimum altitude of 1,000 feet above 

ground level above any such zone is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

Subpart O—Olympic Coast National 

Marine Sanctuary 

4. Amend § 922.152 by revising 

paragraph (a)(6) to read as follows: 

§ 922.152 Prohibited or otherwise 

regulated activities. 

(a) * * * 

(6) Disturbing marine mammals or 

seabirds by flying motorized aircraft at 

less than 2,000 feet over the waters 

within one nautical mile of the Flattery 

Rocks, Quillayute Needles, or Copalis 

National Wildlife Refuges or within one 

nautical mile seaward from the coastal 

boundary of the Sanctuary, except for 

activities related to Tribal timber 

operations conducted on reservation 

lands, or to transport persons or 

supplies to or from reservation lands as 

authorized by a governing body of an 

Indian Tribe. Failure to maintain a 

minimum altitude of 2,000 feet above 

ground level any over such waters is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

[FR Doc. 2010–30678 Filed 12–7–10; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–132724–10] 

RIN 1545–BJ78 

Source of Income From Qualified Fails 

Charges 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations. 

SUMMARY: In the Rules and Regulations 

section of this Federal Register, the IRS 

and the Treasury Department are issuing 

temporary regulations (TD 9508) under 

section 863(a) of the Internal Revenue 

Code. These regulations set forth the 

source of income attributable to 

qualified fails charges. This action is 

necessary to provide guidance about the 

treatment of fails charges for purposes of 

sections 871 and 881, which generally 

require gross-basis taxation of foreign 

persons not otherwise subject to U.S. 

net-basis taxation and the withholding 

of such tax under sections 1441 and 

1442. The text of the temporary 

regulations also serves as the text of 

these proposed regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by March 8, 2011. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–132724–10), Room 

5203, Internal Revenue Service, 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–132724– 

10), Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC, or sent 

electronically, via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–132724– 

10). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Sheila Ramaswamy or Anthony J. Marra, 

Office of Associate Chief Counsel 

(International) (202) 622–3870; 

concerning submissions of comments or 

a request for a public hearing, Richard 

Hurst at (202) 622–7180. 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

The temporary regulations published 

in the Rules and Regulations section of 

this issue of the Federal Register 

provide guidance for the treatment of 

fails charges for purposes of sections 

871, 881, 1441 and 1442 by establishing 

source rules for qualified fails charges 

that arise in the delivery-versuspayment market for Treasury securities. 

The text of those temporary regulations 

also serves as the text of these proposed 

regulations. The preamble to the 

temporary regulations explains the 

temporary regulations and these 

proposed regulations. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because these 

regulations do not impose a collection 

of information on small entities, the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. chapter 6) do not apply. 

Pursuant to section 7805(f) of the 

Internal Revenue Code, this notice of 

proposed rulemaking will be submitted 

to the Chief Counsel for Advocacy of the 

Small Business Administration for 

comment on its impact on small 

business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS. In addition 

to the specific requests for comments 

made elsewhere in this preamble or the 

preamble to the temporary regulations, 

the IRS and the Treasury Department 

request comments on the clarity of the 

proposed regulations and how they can 

be made easier to understand. A public 

hearing may be scheduled if requested 

in writing by any person who timely 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76322 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

submitted written comments. If a public 

hearing is scheduled, notice of the date, 

time, and place of the hearing will be 

published in the Federal Register. 

Drafting Information 

The principal authors of these 

regulations are Sheila Ramaswamy and 

Anthony J. Marra, Office of the 

Associate Chief Counsel (International). 

However, other persons from the Office 

of Associate Chief Counsel 

(International) and the Treasury 

Department have participated in their 

development. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Proposed Amendment to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows: 

PART 1—INCOME TAXES 

Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 863(a) and 7805 

* * * 

Par. 2. Section 1.863–10 is added to 

read as follows: 

§ 1.863–10 Source of income from a 

qualified fails charge. 

[The text of proposed § 1.863–10 is 

the same as the text of § 1.863–10T 

published elsewhere in this issue of the 

Federal Register]. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2010–30896 Filed 12–7–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1029] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Fox 

River, Oshkosh, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish remote drawbridge operating 

procedures for the Canadian National 

Railway Bridge across the Fox River at 

Mile 55.72 at Oshkosh, Wisconsin. This 

proposed rule is intended to establish 

standard bridge operating conditions for 

both vessel and train traffic while 

allowing the bridge to be remotely 

operated. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 7, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–1029 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Lee D. Soule, 

Bridge Management Specialist, U.S. 

Coast Guard; telephone 216–902–6085, 

e-mail lee.d.soule@uscg.mil, or fax 216– 

902–6088. If you have questions on 

viewing or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–1029), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2010–1029’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 8c by 11 

inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

1029’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 


jlentini on DSKJ8SOYB1PROD with PROPOSALS