Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations 76035 

Order 13175 do not apply to this 

rulemaking. 

Paperwork Reduction Act 

This rule does not impose any new or 

modify any existing reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

List of Subjects in 22 CFR Part 22 

Consular services, fees, passports and 

visas. 

Accordingly, for the reasons stated in 

the preamble, 22 CFR part 22 is 

amended as follows: 

PART 22—[AMENDED] 

■ 1. The authority citation for part 22 is 

revised to read as follows: 

Authority: 8 U.S.C. 1101 note, 1153 note, 

1183a note, 1351, 1351 note, 1713, 1714, 

1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 

note; 22 U.S.C. 214, 214 note, 1475e, 2504(a), 

4201, 4206, 4215, 4219, 6551; 31 U.S.C. 9701; 

Exec. Order 10,718, 22 FR 4632 (1957); Exec. 

Order 11,295, 31 FR 10603 (1966). 

■ 2. Revise § 22.1 Item 21 to read as 

follows: 

§ 22.1 Schedule of fees. 

* * * * * 

SCHEDULE OF FEES FOR CONSULAR SERVICES

Item No. Fee 

*******

Nonimmigrant Visa Services 

21. Nonimmigrant visa and border crossing card application processing fees (per person): 

(a) Non-petition-based nonimmigrant visa (except E category) ........................................................................................................... $140 

(b) H, L, O, P, Q and R category nonimmigrant visa .......................................................................................................................... $150 

(c) E category nonimmigrant visa ........................................................................................................................................................ $390 

(d) K category nonimmigrant visa ........................................................................................................................................................ $350 

(e) Border crossing card—age 15 and over (valid 10 years) .............................................................................................................. $140 

(f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing card

(valid 10 years or until the applicant reaches age 15, whichever is sooner) ................................................................................... $14 

* * * * * * * 

Dated: August 9, 2011. 

Patrick F. Kennedy, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 2011–31175 Filed 12–5–11; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

RIN 1400–AD00 

[Public Notice 7708] 

Amendment to the International Traffic 

in Arms Regulations: Additional 

Method of Electronic Payment of 

Registration Fees 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to identify the 

Federal Reserve Wire Network 

(FedWire) as another method of 

electronic payment of registration fees, 

so as to provide a choice in and 

facilitate the submission of fees by 

registrants. 

DATES: This rule is effective December 6, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Tanya A. Phillips, Office of Defense 

Trade Controls Compliance, U.S. 

Department of State, telephone (202) 

632–2797, or email 

DDTCResponseTeam@state.gov. ATTN: 

Registration—Additional Method of 

Electronic Payment of Registration Fees. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC) is responsible for the collection 

of registration fees from persons in the 

business of manufacturing, exporting, 

and/or brokering defense articles or 

defense services. 

On February 24, 2011, the Department 

proposed electronic payment as the sole 

method of the submission of registration 

fees (see the proposed rule, 

‘‘Amendment to the International 

Traffic in Arms Regulations: Electronic 

Payment of Registration Fees; 60-Day 

Notice of the Proposed Statement of 

Registration Information Collection,’’ 76 

FR 10291). That proposal received no 

public comment within the established 

comment period. The final rule (76 FR 

45195, July 28, 2011) took effect on 

September 26, 2011, and identified 

Automated Clearing House (ACH) as the 

means by which U.S. entities may 

electronically submit their registration 

fees. 

Since the implementation of that rule, 

a considerable number of intended 

registrants have contacted the 

Department, inquiring if payment may 

be made using the Federal Reserve Wire 

Network (FedWire), as they were 

experiencing difficulties in originating 

ACH transactions. This rule seeks to 

address these concerns. Therefore, to 

§§ 122.2 and 129.4 of the ITAR, where 

registration fee payment is described, 

FedWire is added as an acceptable 

electronic payment method. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from section 553 (Rulemaking) and 

section 554 (Adjudications) of the 

Administrative Procedure Act. Since the 

Department is of the opinion that this 

rule is exempt from 5 U.S.C. 553, it is 

the view of the Department of State that 

the provisions of section 553(d) do not 

apply to this rulemaking. 

Regulatory Flexibility Act 

Since this amendment is not subject 

to 5 U.S.C. 553, it does not require 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Act of 1995 

This amendment does not involve a 

mandate that will result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 


tkelley on DSK3SPTVN1PROD with RULES
76036 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This amendment has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

Executive Orders 12372 and 13132 

This amendment will not 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. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed this rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

the Executive Order. 

Executive Order 12988 

The Department of State has reviewed 

this amendment in light of sections 3(a) 

and 3(b) (2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Parts 122 and 

129 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 122 and 129 are amended as 

follows: 

PART 122—REGISTRATION OF 

MANUFACTURERS AND EXPORTERS 

■ 1. The authority citation for part 122 

continues to read as follows: 

Authority: Secs. 2 and 38, Public Law 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 

11958, 42 FR 4311; 1977 Comp. p. 79, 22 

U.S.C. 2651a. 

■ 2. Section 122.2 is amended by 

revising paragraph (a) to read as follows: 

§ 122.2 Submission of registration 

statement. 

(a) General. An intended registrant 

must submit a Department of State Form 

DS–2032 (Statement of Registration) to 

the Office of Defense Trade Controls 

Compliance by registered or overnight 

mail delivery, and must submit an 

electronic payment via Automated 

Clearing House or Federal Reserve Wire 

Network payable to the Department of 

State of one of the fees prescribed in 

§ 122.3(a) of this subchapter. Automated 

Clearing House (ACH) and Federal 

Reserve Wire Network (FedWire) are 

electronic networks used to process 

financial transactions in the United 

States. Intended registrants should 

access the Directorate of Defense Trade 

Control’s Web site at http:// 

www.pmddtc.state.gov for detailed 

guidelines on submitting an ACH or 

FedWire electronic payment. Electronic 

payments must be in U.S. currency and 

must be payable through a U.S. financial 

institution. Cash, checks, foreign 

currency, or money orders will not be 

accepted. In addition, the Statement of 

Registration must be signed by a senior 

officer (e.g., Chief Executive Officer, 

President, Secretary, Partner, Member, 

Treasurer, General Counsel) who has 

been empowered by the intended 

registrant to sign such documents. The 

intended registrant also shall submit 

documentation that demonstrates that it 

is incorporated or otherwise authorized 

to do business in the United States. The 

Directorate of Defense Trade Controls 

will notify the registrant if the 

Statement of Registration is incomplete 

either by notifying the registrant of what 

information is required or through the 

return of the entire registration package. 

Registrants may not establish new 

entities for the purpose of reducing 

registration fees. 

* * * * * 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

■ 3. The authority citation for part 129 

continues to read as follows: 

Authority: Sec. 38, Pub. L. 104–164, 110 

Stat. 1437, (22 U.S.C. 2778). 

■ 4. Section 129.4 is amended by 

revising paragraph (a) to read as follows: 

§ 129.4 Registration statement and fees. 

(a) General. An intended registrant 

must submit a Department of State Form 

DS–2032 (Statement of Registration) to 

the Office of Defense Trade Controls 

Compliance by registered or overnight 

mail delivery, and must submit an 

electronic payment via Automated 

Clearing House (ACH), Federal Reserve 

Wire Network (FedWire), or Society for 

Worldwide Interbank Financial 

Telecommunications (SWIFT), payable 

to the Department of State of the fees 

prescribed in § 122.3(a) of this 

subchapter. Automated Clearing House 

and FedWire are electronic networks 

used to process financial transactions 

originating from within the United 

States and SWIFT is the messaging 

service used by financial institutions 

worldwide to issue international 

transfers for foreign accounts. Payment 

methods (i.e., ACH, FedWire, and 

SWIFT) are dependent on the source of 

the funds (U.S. or foreign bank) drawn 

from the applicant’s account. The 

originating account must be the 

registrant’s account and not a third 

party’s account. Intended registrants 

should access the Directorate of Defense 

Trade Control’s Web site at http:// 

www.pmddtc.state.gov for detailed 

guidelines on submitting ACH, 

FedWire, and SWIFT electronic 

payments. Payments, including from 

foreign brokers, must be in U.S. 

currency, payable through a U.S. 

financial institution. Cash, checks, 

foreign currency, or money orders will 

not be accepted. The Statement of 

Registration must be signed by a senior 

officer (e.g., Chief Executive Officer, 

President, Secretary, Partner, Member, 

Treasurer, General Counsel) who has 

been empowered by the intended 

registrant to sign such documents. The 

intended registrant, whether a U.S. or 

foreign person, shall submit 

documentation that demonstrates it is 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations 76037 

incorporated or otherwise authorized to 

do business in its respective country. 

Foreign persons who are required to 

register shall provide information that is 

substantially similar in content to that 

which a U.S. person would provide 

under this provision (e.g., foreign 

business license or similar authorization 

to do business). The Directorate of 

Defense Trade Controls will notify the 

registrant if the Statement of 

Registration is incomplete either by 

notifying the registrant of what 

information is required or through the 

return of the entire registration package. 

Registrants may not establish new 

entities for the purpose of reducing 

registration fees. 

* * * * * 

Dated: November 29, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–31273 Filed 12–5–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9554] 

RIN 1545–BJ07 

Extending Religious and Family 

Member FICA and FUTA Exceptions to 

Disregarded Entities; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document describes a 

correction to final and temporary 

regulations (TD 9554) extending the 

exceptions from taxes under the Federal 

Insurance Contributions Act (‘‘FICA’’) 

and the Federal Unemployment Tax Act 

(‘‘FUTA’’) under sections 3121(b)(3) 

(concerning individuals who work for 

certain family members), 3127 

(concerning members of religious 

faiths), and 3306(c)(5) (concerning 

persons employed by children and 

spouses and children under 21 

employed by their parents) of the 

Internal Revenue Code (‘‘Code’’) to 

entities that are disregarded as separate 

from their owners for Federal tax 

purposes. The temporary regulations 

also clarify the existing rule that the 

owners of disregarded entities, except 

for qualified subchapter S subsidiaries, 

are responsible for backup withholding 

and related information reporting 

requirements under section 3406. These 

regulations were published in the 

Federal Register on Tuesday, November 

1, 2011 (76 FR 67363). 

DATES: This correction is effective on 

December 6, 2011, and is applicable on 

November 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Perera, (202) 622–6040 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

that are the subject of this document are 

under section 7701 of the Internal 

Revenue Code. 

Need for Correction 

As published, final and temporary 

regulations (TD 9554) contain an error 

that may prove to be misleading and is 

in need of clarification. 

List of Subjects in 26 CFR 301 

Employment taxes, Estate taxes, 

Excise taxes, Gift taxes, Income taxes, 

Penalties, Reporting and recording 

requirements. 

Correction of Publication 

Accordingly, 26 CFR part 301 is 

corrected by making the following 

correcting amendment: 

PART 301—PROCEDURE AND 

ADMINISTRATION 

■ Paragraph 1. The authority citation 

for part 301 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 301.7701–2T is revised 

to read as follows: 

§ 301.7701–2T Business entities; 

definitions (temporary). 

(a) through (c)(2)(iv) [Reserved]. For 

further guidance, see § 301.7701–2(a) 

through (c)(2)(iv). 

(A) In general. Section § 301.7701– 

2(c)(2)(i) (relating to certain wholly 

owned entities) does not apply to taxes 

imposed under Subtitle C—Employment 

Taxes and Collection of Income Tax 

(Chapters 21, 22, 23, 23A, 24 and 25 of 

the Internal Revenue Code). However, 

§ 301.7701–2(c)(2)(i) does apply to 

withholding requirements imposed 

under section 3406 (backup 

withholding). The owner of a business 

entity that is disregarded under 

§ 301.7701–2 is subject to the 

withholding requirements imposed 

under section 3406 (backup 

withholding). Section 301.7701– 

2(c)(2)(i) also applies to taxes imposed 

under Subtitle A, including Chapter 2— 

Tax on Self Employment Income. The 

owner of an entity that is treated in the 

same manner as a sole proprietorship 

under § 301.7701–2(a) will be subject to 

tax on self-employment income. 

(B) [Reserved]. For further guidance, 

see § 301.7701–2(c)(2)(iv)(B). 

(C) Exceptions. For exceptions to the 

rule in § 301.7701–2(c)(2)(iv)(B), see 

sections 31.3121(b)(3)–1(d), 31.3127– 

1(c), and 31.3306(c)(5)–1(d). 

(D) through (e)(4) [Reserved]. For 

further guidance, see § 301.7701– 

2(c)(2)(iv)(D) through (e)(4). 

(5) Paragraphs (c)(2)(iv)(A) and 

(c)(2)(iv)(C) of this section apply to 

wages paid on or after December 6, 

2011. For rules that apply to paragraph 

(c)(2)(iv)(A) of this section before 

December 6, 2011, see 26 CFR part 301 

revised as of April 1, 2009. However, 

taxpayers may apply paragraphs 

(c)(2)(iv)(A) and (c)(2)(iv)(C) of this 

section to wages paid on or after January 

1, 2009. 

(e)(6) through (e)(7) [Reserved]. For 

further guidance, see § 301.7701–2(e)(6) 

through (e)(7). 

(8) Expiration Date. The applicability 

of paragraphs (c)(2)(iv)(A) and 

(c)(2)(iv)(C) of this section expires on or 

before December 5, 2014. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. 2011–31182 Filed 12–5–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 50 

[Docket No. OAG 142; AG Order No. 3314– 

2011] 

RIN 1105–AB38 

Office of the Attorney General; 

Assumption of Concurrent Federal 

Criminal Jurisdiction in Certain Areas 

of Indian Country 

AGENCY: Office of the Attorney General, 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule establishes the 

procedures for an Indian tribe whose 

Indian country is subject to State 

criminal jurisdiction under Public Law 

280 (18 U.S.C. 1162(a)) to request that 

the United States accept concurrent 

criminal jurisdiction within the tribe’s 

Indian country, and for the Attorney 

General to decide whether to consent to 

such a request. 

DATES: Effective Date: This rule is 

effective January 5, 2012. 

FOR FURTHER INFORMATION, CONTACT: Mr. 

Tracy Toulou, Director, Office of Tribal 


tkelley on DSK3SPTVN1PROD with RULES