Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 66897

(h) Notwithstanding paragraphs (e)

and (g) of this section, in no event may

the Director issue a National Marine

Sanctuary permit under § 922.48 and

§ 922.153 or a Special Use permit under

section 310 of the Act authorizing, or

otherwise approve: The exploration for,

development or production of oil, gas or

minerals within the Sanctuary; the

discharge of primary-treated sewage

within the Sanctuary (except by

certification, pursuant to § 922.47, of

valid authorizations in existence on July

22, 1994 and issued by other authorities

of competent jurisdiction); the disposal

of dredged material within the

Sanctuary other than in connection with

beach nourishment projects related to

harbor maintenance activities; or

bombing activities within the Sanctuary.

Any purported authorizations issued by

other authorities after July 22, 1994 for

any of these activities within the

Sanctuary shall be invalid.

§ 922.153 Permit procedures and criteria.

(a) A person may conduct an activity

prohibited by paragraphs (a) (2) through

(7) of § 922.152 if conducted in

accordance with the scope, purpose,

terms and conditions of a permit issued

under this section and § 922.48.

(b) Applications for such permits

should be addressed to the Director,

Office of Ocean and Coastal Resource

Management; ATTN: Manager, Olympic

Coast National Marine Sanctuary, 138

West First Street, Port Angeles, WA

98362.

(c) The Director, at his or her

discretion, may issue a permit, subject

to such terms and conditions as he or

her deems appropriate, to conduct an

activity prohibited by paragraphs (a) (2)

through (7) of § 922.152, if the Director

finds that the activity will not

substantially injure Sanctuary resources

and qualities and will: further research

related to Sanctuary resources and

qualities; further the educational,

natural or historical resource value of

the Sanctuary; further salvage or

recovery operations in or near the

Sanctuary in connection with a recent

air or marine casualty; assist in

managing the Sanctuary; further salvage

or recovery operations in connection

with an abandoned shipwreck in the

Sanctuary title to which is held by the

State of Washington; or promote the

welfare of any Indian tribe adjacent to

the Sanctuary. In deciding whether to

issue a permit, the Director may

consider such factors as: the

professional qualifications and financial

ability of the applicant as related to the

proposed activity; the duration of the

activity and the duration of its effects;

the appropriateness of the methods and

procedures proposed by the applicant

for the conduct of the activity; the

extent to which the conduct of the

activity may diminish or enhance

Sanctuary resources and qualities; the

cumulative effects of the activity; the

end value of the activity; and the

impacts of the activity on adjacent

Indian tribes. Where the issuance or

denial of a permit is requested by the

governing body of an Indian tribe, the

Director shall consider and protect the

interests of the tribe to the fullest extent

practicable in keeping with the

purposes of the Sanctuary and his or her

fiduciary duties to the tribe. The

Director may also deny a permit

application pursuant to this section, in

whole or in part, if it is determined that

the permittee or applicant has acted in

violation of the terms or conditions of

a permit or of the regulations in this

subpart. In addition, the Director may

consider such other factors as he or she

deems appropriate.

(d) It shall be a condition of any

permit issued that the permit or a copy

thereof be displayed on board all vessels

or aircraft used in the conduct of the

activity.

(e) The Director may, inter alia, make

it a condition of any permit issued that

any data or information obtained under

the permit be made available to the

public.

(f) The Director may, inter alia, make

it a condition of any permit issued that

a NOAA official be allowed to observe

any activity conducted under the permit

and/or that the permit holder submit

one or more reports on the status,

progress or results of any activity

authorized by the permit.

(g) The Director shall obtain the

express written consent of the governing

body of an Indian tribe prior to issuing

a permit, if the proposed activity

involves or affects resources of cultural

or historical significance to the tribe.

(h) Removal, or attempted removal of

any Indian cultural resource or artifact

may only occur with the express written

consent of the governing body of the

tribe or tribes to which such resource or

artifact pertains, and certification by the

Director that such activities occur in a

manner that minimizes damage to the

biological and archeological resources.

Prior to permitting entry onto a

significant cultural site designated by a

tribal governing body, the Director shall

require the express written consent of

the governing body of the tribe or tribes

to which such cultural site pertains.

§ 922.154 Consultation with the State of

Washington, affected Indian tribes, and

adjacent county governments.

(a) The Director shall regularly

consult with the State of Washington,

the governing bodies of tribes with

reservations adjacent to the Sanctuary,

and adjacent county governments

regarding areas of mutual concern,

including Sanctuary programs,

permitting, activities, development, and

threats to Sanctuary resources.

(b) The Director shall, when requested

by such governments, enter into a

memorandum of understanding

regarding such consultations.

Appendix A to Subpart O of Part 922—

Olympic Coast National Marine

Sanctuary Boundary Coordinates

[Based on North American Datum of 1983]

Point Latitude Longitude

1 .................... 47°07′45′′ 124°11′02′′

2 .................... 47°07′45′′ 124°58′12′′

3 .................... 47°35′05′′ 125°00′00′′

4 .................... 47°40′05′′ 125°04′44′′

5 .................... 47°50′01′′ 125°05′42′′

6 .................... 47°57′13′′ 125°29′13′′

7 .................... 48°07′33′′ 125°38′20′′

8 .................... 48°15′00′′ 125°40′54′′

9 .................... 48°18′21.2′′ 125°30′02.9′′

10 .................. 48°20′15.2′′ 125°22′52.9′′

11 .................. 48°26′46.2′′ 125°09′16.9′′

12 .................. 48°27′09.2′′ 125°08′29.9′′

13 .................. 48°28′08.2′′ 125°05′51.9′′

14 .................. 48°29′43.2′′ 125°00′10.9′′

15 .................. 48°29′56.2′′ 124°59′19.9′′

16 .................. 48°30′13.2′′ 124°54′56.9′′

17 .................. 48°30′21.2′′ 124°50′25.9′′

18 .................. 48°30′10.2′′ 124°47′17.9′′

19 .................. 48°29′36.4′′ 124°43′38.1′′

20 .................. 48°28′08′′ 124°38′13′′

21 .................. 48°23′17′′ 124°38′13′′

2. For the reasons set forth in the

Preamble, and under the authority of 16

U.S.C. 1431 15 CFR Parts 924—Monitor

Marine Sanctuary, 925—Olympic Coast

National Marine Sanctuary, 935—

Channel Islands National Marine

Sanctuary Regulations, 936—The Point

Reyes/Farallon Islands Marine

Sanctuary Regulations, 938—The Gray’s

Reef National Marine Sanctuary

Regulations, 941—Fagatele Bay National

Marine Sanctuary Regulations, 942—

Cordell Bank National Marine

Sanctuary, 943—Flower Garden Banks

National Marine Sanctuary, 940—

Stellwagen Bank National Marine

Sanctuary, and 944—Monterey Bay

National Marine Sanctuary are removed.

[FR Doc. 30564 Filed 12–26–95; 8:45 am]

BILLING CODE 3510–08–M
66898 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 436

Tests and Methods of Assay of

Antibiotic and Antibiotic-Containing

Drugs

CFR Correction

In Title 21 CFR parts 300 to 499,

revised as of April 1, 1995, on pages 372

and 375, the equations following the

second table in both §§ 436.105 and

436.106 were misprinted. Both

denominators in each equation should

read ‘‘5’’ instead of ‘‘—5’’.

BILLING CODE 1505–01–D

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 26, 301, and 602

[TD 8644]

RIN 1545–AJ11; 1545–AL75; 1545–AO89

Generation-Skipping Transfer Tax

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Final and temporary

regulations.

SUMMARY: This document contains final

generation-skipping transfer (GST) tax

regulations under chapter 13 of the

Internal Revenue Code (Code), as added

by section 1431 of the Tax Reform Act

of 1986. Changes to the applicable law

were made by the Tax Reform Act of

1986, the Technical and Miscellaneous

Revenue Act of 1988, and the Revenue

Reconciliation Act of 1989. The

regulations are necessary to provide

guidance to taxpayers so that they may

comply with chapter 13 of the Code.

EFFECTIVE DATE: December 27, 1995.

FOR FURTHER INFORMATION CONTACT:

James F. Hogan, (202) 622–3090 (not a

toll free number).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information

requirements contained in these final

regulations have been reviewed and

approved by the Office of Management

and Budget in accordance with the

Paperwork Reduction Act (44 U.S.C.

3507) under control numbers 1545–0985

(relating to §§ 26.2601–1 and 26.2662–2)

and 1545–1358 (relating to §§ 26.2632–

1, 26.2642–1, 26.2642–2, 26.2642–3,

26.2642–4 and 26.2652–2). All of these

paperwork requirements will be

consolidated under control number

1545–0985. Responses to this collection

of information are required to ensure the

proper collection of the generationskipping transfer tax.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection unless the

collection of information displays a

valid control number.

The estimated burden per respondent

is 1 hour under control number 1545–

0985. The time estimates for the

reporting and recordkeeping

requirements under control number

1545–1358 are included in the estimates

of burden applicable to Forms 706,

706NA, 706GS(T), 706GS(D), 706GS(D–

1), and 709.

Comments concerning the accuracy of

this burden estimate and suggestions for

reducing this burden should be directed

to the Internal Revenue Service, Attn:

IRS Reports Clearance Officer T:FP,

Washington, DC 20224, and to the

Office of Management and Budget, Attn:

Desk Officer for the Department of

Treasury, Office of Information and

Regulatory Affairs, Washington, DC

20503.

Books or records relating to this

collection of information must be

retained as long as their contents may

become material in the administration

of any internal revenue law. Generally,

tax returns and tax return information

are confidential, as required by 26

U.S.C. 6103.

Background

On March 15, 1988, the IRS published

in the Federal Register a notice of

proposed rulemaking (53 FR 8469) by

cross reference to Temporary

Regulations published on the same date

in the Federal Register (53 FR 8441)

under §§ 2601 and 2662. Subsequently,

on December 24, 1992, the IRS

published a second notice of proposed

rulemaking (57 FR 61353) amending the

prior notice. Also, on December 24,

1992, the IRS published a notice of

proposed rulemaking in the Federal

Register (57 FR 61356) containing

proposed regulations under §§ 2611,

2612, 2613, 2632, 2641, 2642, 2652,

2653, 2654, and 2663. The IRS received

written and oral comments on the

proposed regulations and, on April 21,

1993, a public hearing was held. These

documents adopt final regulations with

respect to these notices of proposed

rulemaking.

The following is a discussion of the

more significant revisions that were

made.

Section 2601—Transitional Rules

Transfers After September 25, 1985 and

Before October 23, 1986

Section 26.2601–1(a)(2)(i), relating to

inter vivos transfers made after

September 25, 1985, and before October

23, 1986, clarifies that chapter 13

applies to inter vivos transfers that are

subject to chapter 12 even though a gift

tax is not actually paid because of, for

example, the marital deduction or the

unified credit.

Section 26.2601–1(a)(2)(ii) (which

treats inter vivos transfers made after

September 25, 1985, and before October

23, 1986, as if made on October 23,

1986) clarifies that the value of the

transferred property for purposes of

chapter 13 is determined as of the actual

transfer date rather than as of the

deemed transfer date of October 23,

1986.

Section 26.2601–1(a)(4) adds an

example illustrating that § 26.2601–

1(a)(2) does not apply to transfers made

under a revocable trust that becomes

irrevocable by reason of the grantor’s

death after September 25, 1985, but

before October 23, 1986. Those transfers

are not subject to chapter 13 because

they are in the nature of testamentary

transfers that occurred prior to October

23, 1986.

Section 26.2601–1(b)(1)(ii)(C) clarifies

that incidents of ownership in an

insurance policy that are relinquished

before September 25, 1985, are not to be

taken into account in determining

whether a trust is irrevocable for

purposes of § 26.2601–1(b)(1), which

exempts trusts that were irrevocable on

September 25, 1985, from the provisions

of chapter 13.

Under § 26.2601–1(b)(1)(iii)(A), a

qualified terminable interest property

(QTIP) trust that is grandfathered under

§ 26.2601–1(b)(1) is treated as if the

reverse QTIP election had been made

under section 2652(a)(3). Example 1 in

§ 26.2601–1(b)(1)(iii)(B) has been

revised to illustrate that the initial QTIP

election under section 2523(f) need not

be made before September 25, 1985,

provided that the trust was irrevocable

on that date. Further, § 26.2601–

1(b)(1)(v)(C) has been revised to provide

that in the case of a trust with respect

to which a reverse QTIP election is

deemed to have been made, the failure

to exercise the right of reimbursement

under section 2207A will not be treated

as a constructive addition to the trust.

This conforms the treatment of trusts

that are irrevocable on September 25,

1985, with the rule provided in

§ 26.2652–1(a)(3) which applies to trusts

created after September 25, 1985.