Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 79613 

containing the information required by 

paragraph (c)(4) of this section, shall be 

made by each person who at any time 

after January 1, 1963, becomes a U.S. 

person while owning 10 percent or more 

in value of the outstanding stock of such 

foreign corporation. 

(4) Information required to be shown 

on return—(i) In general. The return on 

Form 5471, required to be filed by 

persons described in paragraph (c)(1) or 

(3) of this section, shall set forth the 

same information as is required by the 

provisions of paragraph (b) of this 

section except that where such 

provisions require information with 

respect to January 1, 1963, such 

information shall be furnished with 

respect to the date on which liability 

arises to file the return required under 

this paragraph. 

(ii) Additional information. In 

addition to the information required 

under paragraph (c)(4)(i) of this section, 

the following information shall also be 

furnished in the return required under 

this paragraph: 

(a) The date on or after January 1, 

1963, if any, on which such shareholder 

(or shareholders) last filed a return 

under this section with respect to the 

corporation; 

(b) If a return is filed by reason of 

becoming a United States person, the 

date the shareholder became a United 

States person; 

(c) If a return is filed by reason of the 

disposition of stock, the date and 

method of such disposition and the 

person to whom such disposition was 

made; and 

(d) If a return is filed by reason of the 

organization or reorganization of the 

foreign corporation on or after January 

1, 1963, the following information with 

respect to such organization or 

reorganization: 

(1) A statement showing a detailed list 

of the classes and kinds of assets 

transferred to the foreign corporation 

including a description of the assets 

(such as a list of patents, copyrights, 

stock, securities, etc.), the fair market 

value of each asset transferred (and, if 

such asset is transferred by a United 

States person, its adjusted basis), the 

date of transfer, the name, address, and 

identifying number, if any, of the owner 

immediately prior to the transfer, and 

the consideration paid by the foreign 

corporation for such transfer; 

(2) A statement showing the assets 

transferred and the notes or securities 

issued by the foreign corporation, the 

name, address, and identifying number, 

if any, of each person to whom such 

transfer or issue was made, and the 

consideration paid to the foreign 

corporation for such transfer or issue; 

and 

(3) An analysis of the changes in the 

corporation’s surplus accounts 

occurring on or after January 1, 1963. 

(iii) Exclusion of information 

previously furnished. In any case where 

any identical item of information 

required to be filed under this paragraph 

by a shareholder with respect to a 

foreign corporation has previously been 

furnished by such shareholder in any 

return made in accordance with the 

provisions of this section, such 

shareholder may satisfy the 

requirements of this paragraph by filing 

Form 5471, identifying such item of 

information, the date furnished, and 

stating that it is unchanged. 

* * * * * 

(e) * * * 

(5) [Reserved]. For further guidance 

see § 1.6046–1T(e)(5). 

* * * * * 

(f) * * * 

(4) [Reserved]. 

* * * * * 

(l) Effective/applicability date—(1) 

* * * 

(2) Paragraph (c)(1)(iii) of this section 

applies to taxable years ending after 

December 31, 2013. 

■ Par. 11. Section 1.6046–1T is added to 

read as follows: 

§ 1.6046–1T Returns as to organizations or 

reorganizations of foreign corporations and 

as to acquisitions of their stock 

(temporary). 

(a)(1) through (e)(4). [Reserved]. For 

further guidance, see § 1.6046–1(a)(1) 

through (e)(4). 

(5) Persons excepted from furnishing 

items of information. Any person 

required to furnish any item of 

information under paragraph (b) or (c) of 

this section with respect to a foreign 

corporation may, if such item of 

information is furnished by another 

person having an equal or greater stock 

interest (measured in terms of value of 

such stock) in such foreign corporation, 

satisfy such requirement by filing a 

statement with his return on Form 5471 

indicating that such liability has been 

satisfied and identifying the return in 

which such item of information was 

included. This paragraph (e)(5) does not 

apply to persons excepted from filing a 

return by reason of the provisions of 

paragraph (e)(4) of this section. 

(f)(1) through (l)(2). [Reserved]. For 

further guidance, see § 1.6046–1(f)(1) 

through (l)(2). 

(3) Paragraph (e)(5) of this section 

applies to returns filed on or after 

December 31, 2013. See paragraph (e)(5) 

of § 1.6046–1, as contained in 26 CFR 

part 1 revised as of April 1, 2012, for 

returns filed before December 31, 2013. 

(m) Expiration date. Paragraph (e)(5) 

of this section expires on or before 

December 30, 2016. 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: December 12, 2013. 

Mark J. Mazur, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2013–30847 Filed 12–30–13; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[CFDA Number 84.144F] 

Final Requirement—Migrant Education 

Program Consortium Incentive Grant 

Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final requirement. 

SUMMARY: The Assistant Secretary for 

Elementary and Secondary Education 

announces a final requirement under 

the Migrant Education Program (MEP) 

Consortium Incentive Grant (CIG) 

Program. This final requirement changes 

the maximum project period of grants 

awarded to State educational agencies 

(SEAs) under the MEP CIG program 

from two years to three years. We take 

this action to allow participating SEAs, 

where appropriate, to have an 

additional year to conduct needed 

activities, evaluate their projects, and 

provide a final report addressing their 

success in completing project activities 

and achieving the objectives and 

outcomes that were established in their 

approved CIG program application. 

DATES: Effective Date: This requirement 

is effective January 30, 2014. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Gillette, U.S. Department of Education, 

400 Maryland Avenue SW., Room 

3E313, Washington, DC 20202. 

Telephone: (202) 260–1426 or by email: 

lisa.gillette@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Purpose of Program: The MEP, 

authorized in title I, part C, section 1301 

et seq. of the Elementary and Secondary 

Education Act of 1965, as amended 


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79614 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 

(ESEA) (20 U.S.C. 6391 et seq.), is a 

State-operated and State-administered 

formula grant program. The MEP helps 

SEAs support high-quality and 

comprehensive educational programs 

that do two things: provide migratory 

children with appropriate educational 

and supportive services that address 

their special needs in a coordinated and 

efficient manner, and give migratory 

children the opportunity to meet the 

same challenging State academic 

content and student academic 

achievement standards that all children 

are expected to meet. 

One component of the MEP is the CIG 

program, authorized in section 1308(d) 

of the ESEA (20 U.S.C. 6398(d)). 

Through the MEP CIG program, the 

Department provides financial 

incentives to SEAs to participate in 

high-quality consortia that improve the 

interstate or intrastate coordination of 

migrant education programs by 

addressing key needs of migratory 

children who have their education 

interrupted. 

Program Authority: 20 U.S.C. 6398. 

Applicable Program Regulations: 34 

CFR part 200, subpart C. 

We published a notice of proposed 

requirement for this program in the 

Federal Register on July 3, 2013 (78 FR 

40084). That notice contained 

background information and our reasons 

for proposing the particular 

requirement. 

Except for one minor technical 

revision, there are no differences 

between the proposed requirement and 

this final requirement. 

Public Comment: In response to our 

invitation in the notice of proposed 

requirement, the Department received 

one comment. 

Analysis of Comments and Changes 

Comment: The one comment 

supported the proposed requirement 

because the additional year will allow 

time for projects to mature and will also 

provide time to disseminate successful 

and promising practices, as well as 

share lessons learned. 

Changes: None. 

Final Requirement—Duration of 

Incentive Grants 

The Secretary may provide a 

maximum project period of three years 

for grants awarded under the MEP CIG 

program. The Secretary may extend the 

current two-year project period of the 

FY 2012 grantees to three years as well 

as determine a project period for future 

competitions of up to three years. 

For grants with a three-year project 

period, grantees must submit a 

performance report at the end of each 

project year and are eligible for a 

continuation award at the end of the 

first and second project years based on 

the two-tiered funding formula in the 

2004 Notice of Final Requirements 

published in the Federal Register on 

March 3, 2004 (69 FR 10110). The 

second and third year’s continuation 

funding is contingent on the grantee 

making substantial progress in 

performing the previous year’s 

consortium activities and in attaining 

the outcomes identified in the approved 

consortium application. Grantees must 

submit their final summary evaluation 

report at the end of the third project 

year. 

Note: This notice does not preclude us 

from proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use this requirement, we invite 

applications through a notice in the Federal 

Register. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ’’significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities in a material way (also 

referred to as an ’’economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This final regulatory action is not a 

significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this final 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentive—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ’’to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ’’identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing this final requirement 

only on a reasoned determination that 

its benefits justify its costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on the analysis that follows, the 

Department believes that this regulatory 

action is consistent with the principles 

in Executive Order 13563. 

We also have determined that this 

regulatory action does not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 


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Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 79615 

administering the Department’s 

programs and activities. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: December 26, 2013. 

Deborah S. Delisle, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2013–31325 Filed 12–30–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R01–RCRA–2013–0554; FRL—9904– 

47–Region 1] 

Vermont: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: The State of Vermont has 

applied to the Environmental Protection 

Agency (EPA) for Final authorization of 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these changes satisfy all 

requirements needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this direct final 

action. 

DATES: This rule is effective on March 3, 

2014 without further notice, unless EPA 

receives adverse written comment by 

January 30, 2014. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

RCRA–2013–0554, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: leitch.sharon@epa.gov 

• Fax: (617) 918–0647, to the 

attention of Sharon Leitch. 

• Mail: Sharon Leitch, RCRA Waste 

Management and UST Section, Office of 

Site Remediation and Restoration 

(OSRR07–1), US EPA Region 1, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. 

• Hand Delivery: Sharon Leitch, 

RCRA Waste Management and UST 

Section, Office of Site Remediation and 

Restoration (OSRR07–1), US EPA 

Region 1, 5 Post Office Square, 7th floor, 

Boston, MA 02109–3912. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. Please 

contact Sharon Leitch at (617) 918– 

1647. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–RCRA–2013– 

0554. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Region 1 Library, 5 Post Office 

Square, 1st floor, Boston, MA 02109– 

3912; by appointment only; tel: (617) 

918–1990. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Leitch, RCRA Waste 

Management and UST Section, Office of 

Site Remediation and Restoration, (Mail 

Code: OSRR07–1), EPA Region 1, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912; telephone number: (617) 

918–1647; fax number (617) 918–0647; 

email address: leitch.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in Title 40 

of the Code of Federal Regulations (CFR) 

parts 124, 260 through 266, 268, 270, 

273 and 279. 


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