Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 6269 

Executive Order 13563 and Executive 

Order 12866 

As discussed above, the Department is 

of the opinion that the Exchange Visitor 

Program 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 

nevertheless reviewed this proposed 

regulation to ensure its consistency with 

the regulatory philosophy and 

principles set forth in that Executive 

Order. 

The Department has examined the 

economic benefits, costs, and transfers 

associated with this proposed rule, and 

declare that educational and cultural 

exchanges are both the cornerstone of 

U.S. public diplomacy and an integral 

component of American foreign policy. 

The benefits of these exchanges to the 

United States and its people are 

invaluable and cannot be monetized; in 

the same way, even one instance of an 

exchange visitor having a bad 

experience or, worse, being mistreated, 

could result in embarrassment and 

incalculable harm to the foreign policy 

of the United States. Therefore, the 

Department is of the opinion that these 

benefits of this rulemaking outweigh its 

costs. 

Executive Order 12988 

The Department has reviewed this 

regulation 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 Orders 12372 and Executive 

Order 13132 

This regulation 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 section 6 of Executive 

Order 13132, it is determined that this 

rule 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 regulation. 

Paperwork Reduction Act 

The information collection 

requirements contained in this 

rulemaking are pursuant to the 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35 and OMB Control Number 

1405–0147, expiring on November 30, 

2013. 

List of Subjects in 22 CFR Part 62 

Cultural Exchange Program. 

Accordingly, 22 CFR part 62 is 

proposed to be amended as follows: 

PART 62—EXCHANGE VISITOR 

PROGRAM 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 8 U.S.C. 1101(a)(15)(J), 1182, 

1184, 1258; 22 U.S.C. 1431–1442, 2451 et 

seq.; Foreign Affairs Reform and 

Restructuring Act of 1998, Pub. L. 105–277, 

Div. G, 112 Stat. 2681 et seq.; Reorganization 

Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 

200; E.O. 12048 of March 27, 1978; 3 CFR, 

1978 Comp. p. 168; the Illegal Immigration 

Reform and Immigrant Responsibility Act 

(IIRIRA) of 1996, Pub. L. 104–208, Div. C, 110 

Stat. 3009–546, as amended; Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept and 

Obstruct Terrorism Act of 2001 (USA 

PATRIOT ACT), Pub. L. 107–56, Sec. 416, 

115 Stat. 354; and the Enhanced Border 

Security and Visa Entry Reform Act of 2002, 

Pub. L. 107–173, 116 Stat. 543. 

■ 2. Revise § 62.17 to read as follows: 

§ 62.17 Fees and charges. 

(a) Remittances. Fees prescribed 

within the framework of 31 U.S.C. 9701 

must be submitted as directed by the 

Department and must be in the amount 

prescribed by law or regulation. 

(b) Amounts of fees. The following 

fees are prescribed. 

(1) For filing an application for 

program designation and/or 

redesignation (Form DS–3036)— 

$3,982.00. 

(2) For filing an application for 

exchange visitor status changes (i.e., 

extension beyond the maximum 

duration, change of category, 

reinstatement, reinstatement-update 

SEVIS status, ECFMG sponsorship 

authorization, and permission to 

issue)—$367.00. 

Dated: January 22, 2013. 

Robin J. Lerner, 

Deputy Assistant Secretary for Private Sector 

Exchange, Bureau of Educational and 

Cultural Affairs, Department of State. 

[FR Doc. 2013–01555 Filed 1–29–13; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

22 CFR Parts 121, 123, 124, 125, and 

129 

[Public Notice 8166] 

RIN 1400–AD18 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XVI 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category 

XVI (nuclear weapons related articles) 

of the U.S. Munitions List (USML). The 

revisions contained in this rule are part 

of the Department of State’s 

retrospective plan under E.O. 13563 

completed on August 17, 2011. The 

Department of State’s full plan can be 

accessed at http://www.state.gov/ 

documents/organization/181028.pdf. 

DATES: The Department of State will 

accept comments on this proposed rule 

until March 18, 2013. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘ITAR Amendment— 

Category XVI.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD18). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Director, Office 

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6270 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 

of Defense Trade Controls Policy, U.S. 

Department of State, telephone (202) 

663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category 

XVI. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles,’’ are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (‘‘EAR,’’ 15 

CFR parts 730–774, which includes the 

Commerce Control List (CCL) in 

Supplement No. 1 to part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other agency of the 

U.S. government, such as the 

Department of Energy, are subject to the 

EAR. 

Export Control Reform Update 

The Departments of State and 

Commerce described in their respective 

Advanced Notices of Proposed 

Rulemaking (ANPRM) in December 

2010 the Administration’s plan to make 

the USML and the CCL positive, tiered, 

and aligned so that eventually they can 

be combined into a single control list 

(see ‘‘Commerce Control List: Revising 

Descriptions of Items and Foreign 

Availability,’’ 75 FR 76664 (December 9, 

2010) and ‘‘Revisions to the United 

States Munitions List,’’ 75 FR 76935 

(December 10, 2010)). The notices also 

called for the establishment of 

jurisdictional ‘‘bright lines’’ between 

items controlled by the Department of 

State and items other departments, 

primarily the Department of Commerce, 

control. This notice seeks to draw a 

jurisdictional bright line, but largely 

with respect to items that are now 

subject to the jurisdiction of the 

Department of Energy. 

Revision of Category XVI 

This proposed rule removes most of 

the articles enumerated in USML 

Category XVI (nuclear weapons related 

articles). The provisions of 22 CFR parts 

120–130 do not apply to all equipment, 

technical data, or services currently 

described in Category XVI to the extent 

that exports of most such equipment, 

technical data, or services are under the 

control of the Department of Energy 

pursuant to the Atomic Energy Act of 

1954, as amended, and the Nuclear NonProliferation Act of 1978, as amended, 

or is a government transfer authorized 

pursuant to these Acts. 

The only articles now covered under 

Category XVI that would remain subject 

to USML control are modeling or 

simulation tools that model or simulate 

the environments generated by nuclear 

detonations or the effects of these 

environments on systems, subsystems, 

components, structures, or humans, and 

technical data and defense services 

directly related to those defense articles. 

In addition, nuclear radiation detection 

and measurement devices currently 

controlled in paragraph (c) would 

become subject to the jurisdiction of the 

Department of Commerce under already 

existing Export Control Classification 

Number (ECCN) 1A004.c.2 or 2A291.e. 

Conforming changes are made to 

ITAR parts 123, 124, 125, and 129 to 

remove reference to USML Category 

XVI. In addition, Supplement No. 1 to 

Part 126 will be revised to remove the 

following entries: (1) Nuclear weapons 

strategic delivery systems and all 

components, parts, accessories, and 

attachments specifically designed for 

such systems and associated equipment; 

(2) defense articles and services specific 

to design and testing of nuclear 

weapons; and (3) nuclear radiation 

measuring devices manufactured to 

military specifications. 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some solutions have been 

adopted that were determined to be the 

best of available options. With the 

thought that multiple perspectives 

would be beneficial to the USML 

revision process, the public is asked to 

provide specific examples of nuclearrelated items whose jurisdiction would 

be in doubt based on this revision. In 

particular, the Department seeks 

comments on whether the proposed 

paragraph (b) is appropriately captured 

in USML Category XVI or if there is a 

more suitable control within the USML 

or CCL. 

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 sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act (APA). Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. As noted above, and also 

without prejudice to the Department 

position that this rulemaking is not 

subject to the APA, the Department 

previously published a related Advance 

Notice of Proposed Rulemaking (RIN 

1400–AC78) on December 10, 2010 (75 

FR 76935), and accepted comments for 

60 days. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this proposed rule is 

exempt from the provisions of 5 U.S.C. 

553, there is no requirement for an 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed rulemaking 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. 

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 proposed rulemaking 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 proposed rulemaking 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 proposed 

rulemaking 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 

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Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 6271 

activities do not apply to this proposed 

rulemaking. 

Executive Orders 12866 and 13563 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

These Executive Orders stress the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. These rules have been 

designated ‘‘significant regulatory 

actions,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

this proposed rule has been reviewed by 

the Office of Management and Budget 

(OMB). 

Executive Order 12988 

The Department of State has reviewed 

the proposed rulemaking 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 13175 

The Department of State has 

determined that this proposed 

rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, 

Executive Order 13175 does not apply 

to this proposed rulemaking. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor is subject to a penalty for failure 

to comply with, a collection of 

information, subject to the requirements 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) (PRA), unless 

that collection of information displays a 

currently valid OMB control number. 

This proposed rule would affect the 

following approved collections: (1) 

Statement of Registration, DS–2032, 

OMB No. 1405–0002; (2) Application/ 

License for Permanent Export of 

Unclassified Defense Articles and 

Related Unclassified Technical Data, 

DSP–5, OMB No. 1405–0003; (3) 

Application/License for Temporary 

Import of Unclassified Defense Articles, 

DSP–61, OMB No. 1405–0013; (4) 

Nontransfer and Use Certificate, DSP– 

83, OMB No. 1405–0021; (5) 

Application/License for Permanent/ 

Temporary Export or Temporary Import 

of Classified Defense Articles and 

Classified Technical Data, DSP–85, 

OMB No. 1405–0022; (6) Application/ 

License for Temporary Export of 

Unclassified Defense Articles, DSP–73, 

OMB No. 1405–0023; (7) Statement of 

Political Contributions, Fees, or 

Commissions in Connection with the 

Sale of Defense Articles or Services, 

OMB No. 1405–0025; (8) Authority to 

Export Defense Articles and Services 

Sold Under the Foreign Military Sales 

(FMS) Program, DSP–94, OMB No. 

1405–0051; (9) Application for 

Amendment to License for Export or 

Import of Classified or Unclassified 

Defense Articles and Related Technical 

Data, DSP–6, –62, –74, –119, OMB No. 

1405–0092; (10) Request for Approval of 

Manufacturing License Agreements, 

Technical Assistance Agreements, and 

Other Agreements, DSP–5, OMB No. 

1405–0093; (11) Maintenance of Records 

by Registrants, OMB No. 1405–0111; 

(12) Annual Brokering Report, DS–4142, 

OMB No. 1405–0141; (13) Brokering 

Prior Approval (License), DS–4143, 

OMB No. 1405–0142; (14) Projected Sale 

of Major Weapons in Support of Section 

25(a)(1) of the Arms Export Control Act, 

DS–4048, OMB No. 1405–0156; (15) 

Export Declaration of Defense Technical 

Data or Services, DS–4071, OMB No. 

1405–0157; (16) Request for Commodity 

Jurisdiction Determination, DS–4076, 

OMB No. 1405–0163; (17) Request to 

Change End-User, End-Use, and/or 

Destination of Hardware, DS–6004, 

OMB No. 1405–0173; (18) Request for 

Advisory Opinion, DS–6001, OMB No. 

1405–0174; (19) Voluntary Disclosure, 

OMB No. 1405–0179; and (20) 

Technology Security/Clearance Plans, 

Screening Records, and Non-Disclosure 

Agreements Pursuant to 22 CFR 126.18, 

OMB No. 1405–0195. The Department 

of State believes there will be minimal 

changes to these collections. The 

Department of State believes the 

combined effect of all rules to be 

published moving commodities from 

the USML to the EAR as part of the 

Administration’s Export Control Reform 

would decrease the number of license 

applications by approximately 30,000 

annually. The Department of State is 

looking for comments on the potential 

reduction in burden. 

List of Subjects in Part 121, 123, 124, 

125, and 129 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 121, 123, 124, 125, and 129 are 

proposed to be amended as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

■ 2. Section 121.1 is amended by 

revising U.S. Munitions List Category 

XVI to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category XVI—Nuclear Weapons 

Related Articles 

(a) [Reserved] 

(b) Modeling or simulation tools that 

model or simulate the environments 

generated by nuclear detonations or the 

effects of these environments on 

systems, subsystems, components, 

structures, or humans. 

(c) [Reserved] 

(d) [Reserved] 

(e) Technical data (see § 120.10 of this 

subchapter) and defense services (see 

§ 120.9 of this subchapter) directly 

related to the defense articles 

enumerated in paragraph (b) of this 

category. (See § 123.20 of this 

subchapter for nuclear related controls 

and § 125.4 of this subchapter for 

exemptions.) 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

■ 3. The authority citation for part 123 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec 1205(a), Pub. L. 107–228. 

■ 4. Section 123.20 is amended by 

revising paragraph (a) to read as follows: 

§ 123.20 Nuclear related controls. 

(a) The provisions of this subchapter 

do not apply to equipment, technical 

data, or services in Category VI and 

Category XX of § 121.1 of this 

subchapter to the extent that the export 

of such equipment, technical data, or 

services is controlled by the Department 

of Energy pursuant to the Atomic 

Energy Act of 1954, as amended, and 

the Nuclear Non-Proliferation Act of 

1978, as amended, or is a government 

transfer authorized pursuant to these 

Acts, or is controlled by the Department 

of Commerce pursuant to the Export 

Administration Regulations. 

* * * * * 

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6272 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Proposed Rules 

PART 124—AGREEMENTS, OFFSHORE PROCUREMENT, AND OTHER 

DEFENSE SERVICES 

■ 5. The authority citation for part 124 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 

2776; Pub. L. 105–261; Pub. L. 111–266. 

■ 6. Section 124.2 is amended by 

revising introductory paragraph (c), 

removing paragraphs (c)(5)(iii), 

(c)(5)(ix), and (c)(5)(xi), redesignating 

paragraphs (c)(5)(iv), (c)(5)(v), (c)(5)(vi), 

(c)(5)(vii), (c)(5)(viii), (c)(5)(x), 

(c)(5)(xii), and (c)(5)(xiii) as (c)(5)(iii), 

(c)(5)(iv), (c)(5)(v), (c)(5)(vi), (c)(5)(vii), 

(c)(5)(viii), (c)(5)(ix), and (c)(5)(x), 

respectively, and then revising 

redesignated paragraphs (c)(5)(iv), 

(c)(5)(vii), and (c)(5)(x), to read as 

follows: 

§ 124.2 Exemptions for training and 

military service. 

* * * * * 

(c) In addition to the basic 

maintenance training exemption 

provided in paragraph (a) of this section 

and the basic maintenance information 

exemption in § 125.4(b)(5) of this 

subchapter, no technical assistance 

agreement is required for maintenance 

training or the performance of 

maintenance, including the export of 

supporting unclassified technical data, 

to NATO countries, Australia, Japan, 

and Sweden when the following criteria 

can be met: 

* * * * * 

(5) * * * 

* * * * * 

(iv) Gas turbine engine hot section 

components covered by USML Category 

XIX(f)(2); 

* * * * * 

(vii) Chemical agents listed in USML 

Category XIV(a), biological agents listed 

in USML Category XIV(b), and 

equipment listed in USML Category 

XIV(f)(1)(i) for dissemination of the 

chemical and biological agents listed in 

USML Categories XIV(a) and (b); 

* * * * * 

(x) Articles covered by USML 

Categories XVII and XXI. 

* * * * * 

PART 125—LICENSES FOR THE 

EXPORT OF TECHNICAL DATA AND 

CLASSIFIED DEFENSE ARTICLES 

■ 7. The authority citation for part 125 

continues to read as follows: 

Authority: Secs. 2 and 38, Pub. L. 90–629, 

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

11958, 42 FR 4311; 3 CFR, 1977 Comp. p. 79; 

22 U.S.C. 2651a. 

■ 8. Section 125.1 is amended by 

revising paragraph (e) to read as follows: 

* * * * * 

§ 125.1 Exports subject to this part. 

(e) The provisions of this subchapter 

do not apply to technical data related to 

articles in Category VI(e) and Category 

XX(b) of § 121.1 of this subchapter, to 

the extent that the export of such data 

is controlled by the Department of 

Energy pursuant to the Atomic Energy 

Act of 1954, as amended, and the 

Nuclear Non-Proliferation Act of 1978, 

as amended. 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

■ 9. 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). 

■ 10. Section 129.7 is amended by 

removing and reserving paragraphs 

(a)(1)(ii) and (a)(1)(iii), as follows: 

§ 129.7 Prior approval (license). 

(a) * * * 

(1) * * * 

(ii) [Reserved] 

(iii) [Reserved] 

* * * * * 

Dated: January 22, 2013. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–01825 Filed 1–29–13; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–130074–11] 

RIN 1545–BK54 

Rules Relating to Additional Medicare 

Tax; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking and notice of public 

hearing. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking and notice of public hearing 

(REG–130074–11) that was published in 

the Federal Register on Wednesday, 

December 5, 2012 (77 FR 72268). The 

proposed regulations are relating to 

Additional Hospital Insurance Tax on 

income above threshold amounts 

(‘‘Additional Medicare Tax’’), as added 

by the Affordable Care Act. Specifically, 

these proposed regulations provide 

guidance for employers and individuals 

relating to the implementation of 

Additional Medicare Tax. 

FOR FURTHER INFORMATION CONTACT: 

Andrew K. Holubeck or Ligeia M. Donis 

at (202) 622–6040 (not a toll free 

number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

and notice of public hearing (REG– 

130074–11) that is the subject of these 

corrections is under Section 1.1401–1 of 

the Income Tax Regulations. 

Need for Correction 

As published, the notice of proposed 

rulemaking and notice of public hearing 

(REG–130074–11) contains errors that 

may prove to be misleading and are in 

need of clarification. 

Correction of Publication 

Accordingly, the notice of proposed 

rulemaking and notice of public hearing 

(REG–130074–11), that was the subject 

of FR Doc. 2012–29237, is corrected as 

follows: 

1. On page 72268, in the preamble, 

column 2, under the caption DATES, line 

6, the language ‘‘Must be received by 

March 5, 2013.’’ is corrected to read 

‘‘Must be received by February 28, 

2013.’’. 

2. On page 72272, in the preamble, 

column 3, under the paragraph heading 

‘‘Comments and Public Hearing’’, line 

16, the language ‘‘www.regulations.gov. 

or upon request. A’’ is corrected to read 

‘‘www.regulations.gov or upon request. 

A’’. 

3. On page 72273, in the preamble, 

column 1, under the paragraph heading 

‘‘Drafting Information’’, line 3, the 

language ‘‘Gerstein and Ligeia M. Donis 

of the’’ is corrected to read ‘‘Gerstein, 

formerly of the Office of the Division 

Counsel/Associate Chief Counsel (Tax 

Exempt and Government Entities), 

Andrew Holubeck and Ligeia M. Donis 

of the’’. 

LaNita VanDyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2013–01885 Filed 1–29–13; 8:45 am] 

BILLING CODE 4830–01–P 

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