Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 23395 

payments of deposit interest to certain 

nonresident alien individuals) paid on 

or after January 1, 2013, any person who 

makes a Form 1042–S, ‘‘Foreign 

Person’s U.S. Source Income Subject to 

Withholding,’’ under section 6049(a) 

and § 1.6049–4(b)(5) shall furnish a 

statement to the recipient either in 

person or by first class mail to the 

recipient’s last known address. The 

statement shall include a copy of the 

Form 1042–S required to be prepared 

pursuant to § 1.6049–4(b)(5) and a 

statement to the effect that the 

information on the form is being 

furnished to the United States Internal 

Revenue Service. 

(5) Effective/applicability date. 

Paragraph (e)(4) of this section applies 

to payee statements reporting payments 

of deposit interest to nonresident alien 

individuals paid on or after January 1, 

2013. * * * (For interest paid to a 

Canadian nonresident alien individual 

on or before December 31, 2012, see 

paragraph (e)(4) of this section as in 

effect and contained in 26 CFR part 1 

revised April 1, 2000.) 

■ Par. 5. In § 1.6049–8, the section 

heading and paragraph (a) are revised to 

read as follows: 

§ 1.6049–8 Interest and original issue 

discount paid to certain nonresident aliens. 

(a) Interest subject to reporting 

requirement. For purposes of §§ 1.6049– 

4, 1.6049–6, and this section, and except 

as provided in paragraph (b) of this 

section, the term interest means interest 

described in section 871(i)(2)(A) that 

relates to a deposit maintained at an 

office within the United States, and that 

is paid to a nonresident alien individual 

who is a resident of a country that is 

identified, in an applicable revenue 

procedure (see § 601.601(d)(2) of this 

chapter) as of December 31 prior to the 

calendar year in which the interest is 

paid, as a country with which the 

United States has in effect an income 

tax or other convention or bilateral 

agreement relating to the exchange of 

tax information within the meaning of 

section 6103(k)(4), under which the 

competent authority is the Secretary of 

the Treasury or his delegate and the 

United States agrees to provide, as well 

as receive, information. 

Notwithstanding the foregoing, for 

purposes of §§ 1.6049–4, 1.6049–6, and 

this section, for any year for which the 

information return under § 1.6049– 

4(b)(5) is required, a payor may elect to 

treat interest as including all interest 

described in section 871(i)(2)(A) that 

relates to a deposit maintained at an 

office within the United States and that 

is paid to any nonresident alien 

individual. A payor shall make this 

election by reporting all such interest. 

For purposes of the regulations under 

section 6049 (§§ 1.6049–1 through 

1.6049–8), a nonresident alien 

individual is a person described in 

section 7701(b)(1)(B). A payor or 

middleman may rely upon the 

permanent residence address provided 

on a valid Form W–8BEN, ‘‘Beneficial 

Owners Certificate of Foreign Status for 

U.S. Tax Withholding’’, to determine 

the country in which a nonresident 

alien individual is resident unless such 

payor or middleman knows or has 

reason to know that such 

documentation of the country of 

residence is unreliable or incorrect. 

Amounts described in this paragraph (a) 

are not subject to backup withholding 

under section 3406 if the payor may 

treat the payee as a foreign beneficial 

owner or foreign payee under the rules 

of § 1.6049–5(b)(12). See § 31.3406(g)– 

1(d) of this chapter. However, if the 

payor or middleman does not have 

either a valid Form W–8BEN or valid 

Form W–9, ‘‘Request for Taxpayer 

Identification Number and 

Certification’’, the payor or middleman 

must report the payment as made to a 

U.S. non-exempt recipient if it must so 

treat the payee under the presumption 

rules of § 1.6049–5(d)(2) and § 1.1441– 

1(b)(3)(iii), and the payor must also 

backup withhold under section 3406. 

(For interest paid to a Canadian 

nonresident alien individual on or 

before December 31, 2012, see 

paragraph (a) of this section as in effect 

and contained in 26 CFR part 1 revised 

April 1, 2000). 

* * * * * 

PART 31—EMPLOYMENT TAXES AND 

COLLECTION OF INCOME TAX AT THE 

SOURCE 

■ Par. 6. The authority citation for part 

31 continues to read in part as follows: 

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

■ Par. 7. In § 31.3406(g)–1, paragraph 

(d) is revised to read as follows: 

§ 31.3406(g)–1 Exception for payments to 

certain payees and certain other payments. 

* * * * * 

(d) Reportable payments made to 

nonresident alien individuals. A 

payment of interest to a nonresident 

alien individual that is described in 

§ 1.6049–(8)(a) of this chapter is not 

subject to withholding under section 

3406 if the payor may treat the payee as 

a foreign beneficial owner or foreign 

payee under the rules of § 1.6049– 

5(b)(12). (For interest paid to a Canadian 

nonresident alien individual on or 

before December 31, 2012, see 

paragraph (d) of this section as in effect 

and contained in 26 CFR part 1 revised 

April 1, 2000.) 

* * * * * 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: April 12, 2012. 

Emily S. McMahon, 

(Acting) Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. 2012–9520 Filed 4–17–12; 4:15 pm] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0257] 

Safety Zones; Recurring Events in 

Captain of the Port New York Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

various safety zones in the Captain of 

the Port New York Zone on specified 

dates and times. This action is necessary 

to ensure the safety of vessels and 

spectators from hazards associated with 

fireworks displays. During the 

enforcement period, no person or vessel 

may enter the safety zone without 

permission of the Captain of the Port 

(COTP). 

DATES: The regulations for the safety 

zones described in 33 CFR 165.160 will 

be enforced on the dates and times 

listed in the table below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Ensign Kimberly Farnsworth, 

Coast Guard; telephone 718–354–4163, 

email Kimberly.A.Farnsworth@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones 

listed in 33 CFR 165.160 on the 

specified dates and times as indicated in 

Table 1 below. If the event is delayed by 

inclement weather, the regulation will 

be enforced on the rain date indicated 

in Table 1 below. These regulations 

were published in the Federal Register 

on November 9, 2011 (76 FR 69614). 


srobinson on DSK4SPTVN1PROD with RULES
23396 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 

TABLE 1 

1. Intrepid Air and Sea Museum Fireworks .............................................

Pier 90 Hudson River Safety Zone 

33 CFR 165.160(5.4) 

• Launch site: A barge located in approximate position 40°46′11.8′′ N, 

074°00′14.8′′ W (NAD 1983), approximately 375 yards west of Pier 

90, Manhattan, NY. 

• Date: May 23, 2012. 

• Rain Date: May 24, 2012. 

• Time: 09:30 p.m.–10:42 p.m. 

2. Heritage of Pride Fireworks ...............................................................

Pier 54 Hudson River Safety Zone 

33 CFR 165.160(5.8) 

• Launch site: A barge located in approximate position 40°44′31′′ N, 

074°01′00′′ W (NAD 1983), approximately 380 yards west of Pier 54, 

Manhattan, NY. 

• Date: June 24, 2012. 

• Time: 10:00 p.m.–11:20 p.m. 

3. Celebrate the Amboy’s Fireworks ......................................................

Raritan Bay Safety Zone 

33 CFR 165.160(2.5) 

• Launch site: A barge located in approximate position 40°30′04′′ N 

074°15′35′′ W (NAD 1983), about 240 yards east of Raritan River 

Cutoff Channel Buoy 2 (LLNR 36595). 

• Date: July 3, 2012. 

• Time: 8:45 p.m.–10:05 p.m. 

Under the provisions of 33 CFR 

165.160, a vessel may not enter the 

regulated area unless given express 

permission from the COTP or the 

designated representative. Spectator 

vessels may transit outside the regulated 

area but may not anchor, block, loiter in, 

or impede the transit of other vessels. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 165.160(a) and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Coast Guard will 

provide mariners with advanced 

notification of enforcement periods via 

the Local Notice to Mariners and marine 

information broadcasts. If the COTP 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice, a Broadcast Notice 

to Mariners may be used to grant general 

permission to enter the regulated area. 

Dated: April 4, 2012. 

L.L. Fagan, 

Rear Admiral, U.S. Coast Guard, Captain of 

the Port New York. 

[FR Doc. 2012–9363 Filed 4–18–12; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 501 

Revisions to the Requirements for 

Authority To Manufacture and 

Distribute Postage Evidencing 

Systems 

AGENCY: Postal Service TM. 

ACTION: Final rule. 

SUMMARY: This rule establishes the 

responsibility of the providers of 

Postage Evidencing Systems (PES) to 

notify the U.S. Postal Service® of any 

cyber attacks to their systems. 

DATES: This rule is effective May 21, 

2012. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Payment 

Technology, U.S. Postal Service, 475 

L’Enfant Plaza SW., Room 3436, 

Washington, DC 20260–0911. Copies of 

all written comments will be available 

for inspection and photocopying 

between 9 a.m. and 4 p.m., Monday 

through Friday, at the Payment 

Technology office. 

FOR FURTHER INFORMATION CONTACT: 

Marlo Kay Ivey, Business Programs 

Specialist, Payment Technology, U.S. 

Postal Service, at 202–268–7613. 

SUPPLEMENTARY INFORMATION: Providers 

currently must disclose all findings or 

results of any testing concerning the 

security or revenue protection features, 

capabilities, or failings of any PES, as 

well as all potential security weaknesses 

or methods of tampering with the PES. 

This rule applies the same standard to 

cyber attacks against the provider’s 

systems. 

List of Subjects in 39 CFR Part 501 

Postal Service. 

Accordingly, for the reasons stated, 39 

CFR Part 501 is amended as follows: 

PART 501—AUTHORIZATION TO 

MANUFACTURE AND DISTRIBUTE 

POSTAGE EVIDENCING SYSTEMS 

■ 1. The authority citation for 39 CFR 

Part 501 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 410, 2601, 2605, Inspector 

General Act of 1978, as amended (Pub. L. 95– 

452, as amended); 5 U.S.C. App. 3. 

■ 2. Section 501.11 is amended by 

adding paragraph (b)(3) as follows: 

§ 501.11 Reporting Postage Evidencing 

System security weaknesses. 

* * * * * 

(b) * * * 

(3) Cyber attacks that include, but are 

not limited to, gaining unauthorized 

access to digital systems for purposes of 

misappropriating assets or sensitive 

information, corrupting data, or causing 

operational disruption. Cyber attacks 

may also be carried out in a manner that 

does not require gaining unauthorized 

access, such as by causing denial-ofservice attacks on Web sites. Cyber 

attacks may be carried out by third 

parties or insiders using techniques that 

range from highly sophisticated efforts 

to electronically circumvent network 

security or overwhelm Web sites to 

more traditional intelligence gathering 

and social engineering aimed at 

obtaining information necessary to gain 

access. Cyber security risk disclosures 

reported must adequately describe the 

nature of the material risks and specify 

how each risk affects the Postage 

Evidencing System. 

* * * * * 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2012–9396 Filed 4–18–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 60 and 61 

[FRL 9660–3] 

Change of Address for Region 4, State 

and Local Agencies; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is amending its 

regulations to reflect a change in 

address for EPA’s Region 4 office as well 

as the state agencies for Georgia, 


srobinson on DSK4SPTVN1PROD with RULES