23432 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Proposed Rules 

Example 19. Assume the same facts as 

stated in Example 18, except that instead of 

making a deposit of $h into B, Y enters into 

a guarantee agreement with B. The guarantee 

agreement provides that if X defaults on the 

loan, Y will repay the balance due on the 

loan to B. B was unwilling to make the loan 

to X in the absence of Y’s guarantee. X must 

use the proceeds from the loan to construct 

the new child care facility. At the same time, 

X and Y enter into a reimbursement 

agreement whereby X agrees to reimburse Y 

for any and all amounts paid to B under the 

guarantee agreement. The signed guarantee 

and reimbursement agreements together 

constitute a ‘‘guarantee and reimbursement 

arrangement.’’ Y’s primary purpose in 

entering into the guarantee and 

reimbursement arrangement is to further Y’s 

educational purposes. No significant purpose 

of the guarantee and reimbursement 

arrangement involves the production of 

income or the appreciation of property. The 

guarantee and reimbursement arrangement 

significantly furthers the accomplishment of 

Y’s exempt activities and would not have 

been made but for such relationship between 

the guarantee and reimbursement 

arrangement and Y’s exempt activities. 

Accordingly, the guarantee and 

reimbursement arrangement is a programrelated investment. 

(c) Effective/applicability date. 

Paragraph (b), Examples 11 through 19 

of this section will be effective on the 

date of publication of the Treasury 

decision adopting these examples as 

final regulations in the Federal Register. 

Taxpayers may rely on paragraph (b), 

Examples 11 through 19 of this section 

before these proposed regulations are 

finalized. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2012–9468 Filed 4–18–12; 8:45 am] 

BILLING CODE 4830–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 08–150; RM–11390; DA 12– 

512] 

Radio Broadcasting Services; Asbury 

and Maquoketa, IA, and Mineral Point, 

WI 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; dismissal. 

SUMMARY: The Audio Division dismisses 

the petition for rule making filed by KM 

Radio of Independence, LLC, proposing 

the allotment of Channel 238A at 

Mineral Point, Wisconsin, and the 

substitution of reserved Channel *254A 

for reserved vacant Channel *238A at 

Asbury, Iowa, 73 FR 50,297, and 

terminates the proceeding. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Dupont, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–150, 

adopted April 2, 2012, and released 

April 2, 2012. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the FCC Information 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554. 

The complete text of this decision also 

may be purchased from the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, (800) 378–3160, 

or via the company’s Web site, 

www.bcpiweb.com. The Report and 

Order is not subject to the Congressional 

Review Act, and therefore the 

Commission will not send a copy of it 

in a report to be sent to Congress and 

the Government Accountability Office, 

see U.S.C. 801(a)(1)(A). 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. 2012–9401 Filed 4–18–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R7–ES–2012–0009; 

4500030113] 

RIN 1018–AY40 

Endangered and Threatened Wildlife 

and Plants; Special Rule for the Polar 

Bear 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; availability of 

draft environmental assessment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

amend the regulations at 50 CFR part 

17, which implement the Endangered 

Species Act of 1973, as amended (ESA), 

to create a special rule under authority 

of section 4(d) of the ESA that provides 

measures that are necessary and 

advisable to provide for the 

conservation of the polar bear (Ursus 

maritimus). The Secretary has the 

discretion to prohibit by regulation with 

respect to the polar bear any act 

prohibited by section 9(a)(1) of the ESA. 

DATES: We will consider comments we 

receive on or before June 18, 2012. We 

must receive requests for public 

hearings, in writing, at the address 

shown in the FOR FURTHER INFORMATION

CONTACT section by June 4, 2012. 

ADDRESSES: 

Document availability: You can view 

this proposed rule and the associated 

draft environmental assessment on 

http://www.regulations.gov under 

Docket No. FWS–R7–ES–2012–0009. 

Written comments: You may submit 

comments on the proposed rule and 

associated draft environmental 

assessment by one of the following 

methods: 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: Docket No. 

FWS–R7–ES–2012–0009; Division of 

Policy and Directives Management; U.S. 

Fish and Wildlife Service; 4401 N. 

Fairfax Drive, MS 2042–PDM; 

Arlington, VA 22203; or 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments to 

Docket No. FWS–R7–ES–2012–0009. 

Please indicate to which document, 

the proposed rule or the draft 

environmental assessment, your 

comments apply. We will post all 

comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: 

Charles Hamilton, Marine Mammals 

Management Office, U.S. Fish and 

Wildlife Service, Region 7, 1011 East 

Tudor Road, Anchorage, AK 99503; 

telephone 907–786–3309. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339, 24 hours a day, 

7 days a week. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why We Need To Publish a Proposed 

Rule 

In response to litigation against the 

Service challenging our December 16, 

2008 final 4(d) special rule for the polar 

bear, the District Court for the District 

of Columbia (Court) found that although 

the final 4(d) special rule for the polar 

bear was consistent with the ESA, the 

Service violated the National 

Environmental Policy Act (NEPA) and 

the Administrative Procedure Act by 

failing to conduct a NEPA analysis 

when it promulgated the final 4(d) 


tkelley on DSK3SPTVN1PROD with PROPOSALS