104908 Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 

26See 16 CFR 1.13(d) (‘‘The presiding officer’s 

recommended decision will be limited to 

explaining the presiding officer’s proposed 

resolution of disputed issues of material fact.’’). 27See 15 U.S.C. 57a(i)(2)(A); 16 CFR 1.18(c). 

electronically to electronicfilings@

ftc.gov, with a copy to OALJ@ftc.gov. If 

you prefer to file your submission on 

paper, mail it by overnight service to: 

Federal Trade Commission, Office of the 

Secretary, 600 Pennsylvania Avenue 

NW, Mail Stop H–144 (Annex I), 

Washington, DC 20580. 

If you file a documentary submission 

under this section, your submission— 

including your name and your State— 

will be placed on the public record of 

this proceeding, including on the 

website https://www.ftc.gov. Because 

your documentary submission will be 

placed on the public record, you are 

responsible for making sure that it does 

not include any sensitive or confidential 

information. In particular, your 

submission should not contain sensitive 

personal information, such as your or 

anyone else’s Social Security number; 

date of birth; driver’s license number or 

other State identification number or 

foreign country equivalent: passport 

number; financial account number; or 

credit or debit card number. You are 

also solely responsible for making sure 

your documentary submission doesn’t 

include any sensitive health 

information, such as medical records or 

other individually identifiable health 

information. In addition, your 

documentary submission should not 

include any ‘‘[t]rade secret or any 

commercial or financial information 

which . . . is privileged or 

confidential’’—as provided in section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

Commission Rule § 4.10(a)(2), 16 CFR 

4.10(a)(2)—including, in particular, 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

Documentary submissions containing 

material for which confidential 

treatment is requested must be filed in 

paper form, must be clearly labeled 

‘‘Confidential,’’ and must comply with 

Commission Rule § 4.9(c), 16 CFR 4.9(c). 

In particular, the written request for 

confidential treatment that accompanies 

the submission must include the factual 

and legal basis for the confidentiality 

request and must identify the specific 

portions to be withheld from the public 

record. See Commission Rule § 4.9(c). 

Your documentary submission will be 

kept confidential only if the General 

Counsel grants your request in 

accordance with the law and the public 

interest. Once your documentary 

submission has been posted publicly at 

https://www.ftc.gov—as legally required 

by Commission Rule § 4.9(b), 16 CFR 

4.9(b)—we cannot redact or remove it, 

unless you submit a confidentiality 

request that meets the requirements for 

such treatment under Commission Rule 

§ 4.9(c), 16 CFR 4.9(c), and the General 

Counsel grants that request. 

Visit the FTC website to read this 

document and the news release 

describing it. The FTC Act and other 

laws that the Commission administers 

permit the collection of submissions to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

documentary submissions it receives 

from the Hearing Participants on or 

before January 9, 2025. For information 

on the Commission’s privacy policy, 

including routine uses permitted by the 

Privacy Act, see https://www.ftc.gov/ 

site-information/privacy-policy. 

Hearing Participants who need 

assistance should indicate as much in 

their submissions, and the Commission 

will endeavor to provide 

accommodations. Hearing Participants 

without the computer technology 

necessary to participate in video 

conferencing will be able to participate 

in the informal hearing by telephone; 

they should indicate as much in their 

submissions. 

V. Conduct of the Informal Hearing; 

Role of Presiding Officer 

The Commission’s Chief Presiding 

Officer, the Chair, has appointed and 

designates Administrative Law Judge for 

the Federal Trade Commission, the 

Honorable Jay L. Himes, to serve as the 

presiding officer of the informal hearing. 

Judge Himes will conduct the informal 

hearing virtually using video 

conferencing starting at 1 p.m. Eastern 

on January 17, 2025. The informal 

hearing will be available for the public 

to watch live from the Commission’s 

website, https://www.ftc.gov, and a 

recording or transcript of the informal 

hearing will be placed in the rulemaking 

record. 

Because there are no ‘‘disputed issues 

of material fact’’ to resolve at the 

informal hearing, the presiding officer is 

not anticipated to make a recommended 

decision.26 The role of the presiding 

officer shall include presiding over and 

ensuring the orderly conduct of the 

informal hearing, including selecting 

the sequence in which oral statements 

will be heard, and placing the transcript 

and any additional written submissions 

received into the rulemaking record. 

The presiding officer may prescribe 

additional procedures or issue rulings in 

accordance with Commission Rule 

§ 1.13, 16 CFR 1.13. In execution of the 

presiding officer’s obligations and 

responsibilities under the Commission 

Rules, the presiding officer may issue 

additional public notices. 

VI. Communications by Outside Parties 

to the Commissioners or Their Advisors 

Pursuant to Commission Rule 

§ 1.18(c)(1), 16 CFR 1.18(c)(1), the 

Commission has determined that 

communications with respect to the 

merits of this proceeding from any 

outside party to any Commissioner or 

Commissioner advisor shall be subject 

to the following treatment. Written 

communications and summaries or 

transcripts of oral communications shall 

be placed on the rulemaking record if 

the communication is received before 

the participation deadline. They shall be 

placed on the public record if the 

communication is received later. Unless 

the outside party making an oral 

communication is a Member of 

Congress, such communications are 

permitted only if advance notice is 

published in the Weekly Calendar and 

Notice of ‘‘Sunshine’’ Meetings.27

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2024–30718 Filed 12–23–24; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2024–F–5640] 

Monterey Mushrooms, LLC; Filing of 

Food Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that we have filed a 

petition, submitted by Monterey 

Mushrooms, LLC, proposing that the 

food additive regulations for vitamin D2

mushroom powder be amended to 

provide for an additional method for 

producing the additive. 

DATES: The food additive petition was 

filed on December 11, 2024. 

ADDRESSES: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and insert the 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 247 / Thursday, December 26, 2024 / Proposed Rules 104909 

docket number found in brackets in the 

heading of this document into the 

‘‘Search’’ box and follow the prompts, 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Katie Overbey, Human Foods Program, 

Food and Drug Administration, 5001 

Campus Dr., College Park, MD 20740, 

240–402–7536. 

SUPPLEMENTARY INFORMATION: Under 

section 409(b)(5) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 

348(b)(5)), we are giving notice that we 

have filed a food additive petition (FAP 

5M4841), submitted by Monterey 

Mushrooms, LLC, 260 Westgate Dr., 

Watsonville, CA 95076. The petition 

proposes to amend the food additive 

regulations in § 172.382 (21 CFR 

172.382 Vitamin D2 mushroom powder) 

to provide for production of the additive 

by exposing sliced or diced edible 

cultivars of Agaricus bisporus to 

ultraviolet light. 

The petitioner has claimed that this 

action is categorically excluded from the 

requirement to prepare an 

environmental assessment or an 

environmental impact statement under 

21 CFR 25.32(k) because the substance 

is intended to remain in food through 

ingestion by consumers and is not 

intended to replace macronutrients in 

food. In addition, the petitioner has 

stated that, to their knowledge, no 

extraordinary circumstances exist. If 

FDA determines a categorical exclusion 

applies, neither an environmental 

assessment nor an environmental 

impact statement is required. If FDA 

determines a categorical exclusion does 

not apply, we will request an 

environmental assessment and make it 

available for public inspection. 

Dated: December 13, 2024. 

P. Ritu Nalubola, 

Associate Commissioner for Policy. 

[FR Doc. 2024–30362 Filed 12–23–24; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–112129–23] 

RIN 1545–BQ84 

Corporate Alternative Minimum Tax 

Applicable After 2022; Technical 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking; 

technical correction. 

SUMMARY: This document contains 

technical corrections to a notice of 

proposed rulemaking (REG–112129–23), 

which was published in the Federal 

Register on Friday, September 13, 2024. 

REG–112129–23 contains proposed 

regulations that relate to the application 

of the corporate alternative minimum 

tax, which is imposed on the adjusted 

financial statement income of certain 

corporations for applicable taxable years 

beginning after 2022. 

DATES: Written or electronic comments 

are still being accepted and must be 

received by Thursday, January 16, 2025. 

ADDRESSES: Commenters are strongly 

encouraged to submit public comments 

electronically via the Federal 

eRulemaking Portal at https://

www.regulations.gov (indicate IRS and 

REG–112129–23) by following the 

online instructions for submitting 

comments. Once submitted to the 

Federal eRulemaking Portal, comments 

cannot be edited or withdrawn. The 

Department of the Treasury (Treasury 

Department) and the IRS will publish 

for public availability any comments 

submitted to the IRS’s public docket. 

Send paper submissions to: 

CC:PA:01:PR (REG–112129–23), Room 

5203, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. 

FOR FURTHER INFORMATION CONTACT: 

Concerning general corrections 

(including corrections to proposed 

§§ 1.56A–1 and 1.59–2), Madeline 

Padner at (202) 317–7006, and 

concerning corrections to proposed 

§§ 1.56A–15 and 1.56A–16, C. Dylan 

Durham at (202) 317–7005, each of the 

Office of Associate Chief Counsel 

(Income Tax and Accounting); 

concerning corrections to proposed 

§§ 1.56A–5 and 1.56A–20, Elizabeth 

Zanet or Brian Barrett, each of the Office 

of Associate Chief Counsel 

(Passthroughs and Special Industries) at 

(202) 317–6850; concerning corrections 

to proposed §§ 1.56A–18, 1.56A–19, 

1.56A–21, 1.56A–23(e) and (f), and 

1.1502–56A, Jeremy Aron-Dine or 

William W. Burhop, each of the Office 

of Associate Chief Counsel (Corporate) 

at (202) 317–3181; concerning 

corrections to proposed § 1.56A–26, 

Michelle L. Ng at (202) 317–6939, and 

concerning § 1.59–4, John J. Lee at (202) 

317–6934, each of the Office of 

Associate Chief Counsel (International); 

and concerning submissions of 

comments or the public hearing, the 

Publications and Regulations Section, 

(202) 317–6901 (not toll-free numbers) 

or by email at publichearings@irs.gov 

(preferred). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

(REG–112129–23) that is the subject of 

these corrections is under sections 55, 

56A, 59, and 1502 of the Internal 

Revenue Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking (REG–112129–23) contains 

errors that need to be corrected. 

The Treasury Department and the IRS 

intended that CAMT basis be used in 

amortizing or depreciating property not 

subject to the rules in proposed 

§ 1.56A–15 (AFSI adjustments for 

section 168 property) and proposed 

§ 1.56A–16 (AFSI adjustments for 

qualified wireless spectrum property). 

Therefore, the Treasury Department and 

IRS correct proposed § 1.56A–1(d)(4) to 

clarify that to the extent the CAMT basis 

of an asset is different than its AFS 

basis, and if income and expense (as 

well as gain or loss) is recognized for 

AFSI purposes under the section 56A 

regulations, then such income or 

expense (as well as gain or loss) 

reflected in FSI is redetermined for 

AFSI purposes by reference to the 

CAMT basis of the asset. 

The Treasury Department and the IRS 

intended that the simplified method for 

determining applicable corporation 

status take into account the adjustments 

provided to tax-exempt entities in 

section 56A(c)(12) and proposed 

§ 1.56A–14. Therefore, the Treasury 

Department and IRS correct proposed 

§ 1.59–2(g)(2) to take into account the 

adjustments provided to tax-exempt 

entities by proposed § 1.56A–14. 

The Treasury Department and the IRS 

intended proposed § 1.56A–19(g)(4)(iii) 

and (g)(5)(iii) to prevent a section 351 

transferee that is an applicable 

corporation from (i) causing a section 

351 exchange to be treated as a covered 

recognition transaction by issuing a de 

minimis amount of boot to a section 351 

transferor that is not an applicable 

corporation, and thereby (ii) 

determining the section 351 transferee’s 

CAMT basis in the assets received to be 

its AFS basis (that is, taking a fair value 

basis in the assets). Therefore, the 

Treasury Department and IRS correct 

proposed § 1.56A–19(g)(4)(iii) and 

(g)(5)(iii) to clarify that, if the amount of 

boot issued by the section 351 transferee 

to a section 351 transferor that is not an 

applicable corporation is less than ten 

percent of the fair market value of the 

assets transferred to the section 351 


ddrumheller on DSK120RN23PROD with PROPOSALS1