33462 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations

installing up to five diodes and reidentifying

existing wires with sleeving), per Boeing

Alert Service Bulletin MD80–23A100,

Revision 02, dated February 8, 2001.

Note 2: Revision of the wiring of the

SELCAL done before the effective date of this

AD, per Boeing Alert Service Bulletin MD80–

23A100, Revision 01, dated August 24, 2000,

is considered acceptable for compliance with

the requirements of paragraph (a) of this AD.

Alternative Methods of Compliance

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles Aircraft Certification Office (ACO),

FAA. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Los Angeles ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The actions shall be done in accordance

with Boeing Alert Service Bulletin MD80–

23A100, Revision 02, dated February 8, 2001.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Boeing Commercial Aircraft Group,

Long Beach Division, 3855 Lakewood

Boulevard, Long Beach, California 90846,

Attention: Data and Service Management,

Dept. C1–L5A (D800–0024). Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Los Angeles

Aircraft Certification Office, 3960 Paramount

Boulevard, Lakewood, California; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Effective Date

(e) This amendment becomes effective on

July 27, 2001.

Issued in Renton, Washington, on June 14,

2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–15570 Filed 6–21–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

[Docket No. 000510129–1157–03]

RIN 0648–A018

Florida Keys National Marine

Sanctuary Regulations;

Announcement of Effective Date in

Florida State Waters

AGENCY: Office of National Marine

Sanctuaries (ONMS), National Ocean

Service (NOS), National Oceanic and

Atmospheric Administration (NOAA),

Department of Commerce (DOC).

ACTION: Final rule; announcement of

effective date.

SUMMARY: This notice announces that

the Revised Designation Document and

the final regulations that were published

in the Federal Register on January 17,

2001 (66 FR 4267), and state fishing

regulations adopted by the Florida Fish

and Wildlife Conservation Commission

for the Tortugas Ecological Reserve, will

become effective in Florida State waters

on July 1, 2001. The Revised

Designation Document expands the

boundary of the Sanctuary and the

regulations implement the expansion,

establish and implement the Tortugas

Ecological Reserve, and make other

revisions to the Sanctuary regulations.

DATES: The final regulations published

at 66 FR 4267 (January 17, 2001) will

become effective on July 1, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Billy Causey, (305) 743–2437.

SUPPLEMENTARY INFORMATION: This

document announces the effective date

in Florida State waters for the Revised

Designation Document expanding the

boundary of the Florida Keys National

Marine Sanctuary (FKNMS or

Sanctuary) and the final regulations that

implement the boundary expansion,

establish and implement the Tortugas

Ecological Reserve, and that make

certain revisions to the Sanctuary

regulations. The expansion of the

Sanctuary boundary encompasses an

area of the State of Florida waters and

Federal waters at the far western end of

the Florida Keys, and the submerged

lands thereunder. The Federal Register

document publishing those regulations

also contained the Revised Designation

Document and summarized the final

supplemental management plan for the

Sanctuary. The Revised Designation

Document sets forth the geographic area

included within the Sanctuary, the

characteristics of the area that give it

conservation, recreational, ecological,

historical, research, educational, or

esthetic value, and the type of activities

subject to regulation. The supplemental

management plan details the goals and

objectives, management responsibilities,

research activities, interpretive and

educational programs, and enforcement

activities of the area. The Revised

Designation Document and the final

regulations became effective in Federal

waters on March 8, 2001 and notice of

the effective date was published in the

Federal Register on March 23, 2001 (66

FR 16120).

On March 6, 2001, the Governor of the

State of Florida certified to the Secretary

of Commerce that the revised

designation, the supplemental

management plan, and the regulations

implementing the Tortugas Ecological

Reserve were unacceptable unless and

until approved by the Governor and

Cabinet, acting as the Board of Trustees

of the Internal Improvement Trust Fund

of the State of Florida. On April 24,

2001, the Board of Trustees voted

unanimously to approve the boundary

expansion, the supplemental

management plan and the final

regulations implementing the Tortugas

Ecological Reserve in state waters. On

May 14, 2001, the State of Florida

notified the Secretary of Commerce of

the Board’s approval. The revised

designation, supplemental management

plan, and the revised regulations, and

the fishing regulations approved by the

Florida Fish and Wildlife Conservation

Commission implementing the Reserve

in state waters will take effect on July

1, 2001.

This Federal Register document

announces that July 1, 2001 is the

effective date in state waters of the

Revised Designation Document, the

final regulations and state fishing

regulations.

Authority: 16 U.S.C. Section 1431 et seq.

(Federal Domestic Assistance Catalog

Number 11.429 Marine Sanctuary Program)

Dated: June 19, 2001.

Ted I. Lillestolen,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

[FR Doc. 01–15806 Filed 6–20–01; 10:06 am]

BILLING CODE 3510–08–U

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations 33463

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8950]

RIN 1545–AY58

Guidance on Filing an Application for

a Tentative Carryback Adjustment in a

Consolidated Return Context

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final

regulations relating to the filing of an

application for a tentative carryback

adjustment. These regulations provide

guidance as to the time for filing such

application by a consolidated group and

by certain corporations for the separate

return year created by their becoming a

member of a consolidated group. These

final regulations may affect all

consolidated groups.

DATES: Effective Date: June 22, 2001.

Applicability Date: For dates of

applicability, see § 1.1502–78(e)(2)(v) of

these regulations.

FOR FURTHER INFORMATION CONTACT:

Christopher M. Bass or Frances L. Kelly,

(202) 622–7770 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

This document contains amendments

to the Income Tax Regulations (26 CFR

Part 1) under section 1502 of the

Internal Revenue Code of 1986 (Code),

relating to the filing of an application

for a tentative carryback adjustment.

The amendments provide guidance as to

the time for filing an application for a

tentative carryback adjustment by a

consolidated group. The amendments

also extend the time for filing an

application for a tentative carryback

adjustment by certain corporations for

the separate return year created by their

becoming new members of a

consolidated group.

On January 4, 2001, a temporary

regulation (TD 8919, 2001–6 I.R.B. 505)

was published in the Federal Register

(66 FR 713). On this same day, a notice

of proposed rulemaking (REG–119352–

00, 2001–6 I.R.B. 525) cross-referencing

the temporary regulation and a notice of

public hearing were published in the

Federal Register (66 FR 747). No

comments or requests to speak were

received from the public in response to

the notice of proposed rulemaking.

Accordingly, the public hearing

scheduled for April 26, 2001 was

canceled in the Federal Register (66 FR

19104) on April 13, 2001. The proposed

regulation is adopted as amended by

this Treasury Decision, and the

corresponding temporary regulation is

removed.

Explanation of Provisions

The amendments adopted by this

Treasury Decision provide a general rule

for all corporations filing consolidated

returns stating that the provisions of

section 6411(a) shall apply to determine

the time for filing an application for a

tentative carryback adjustment by a

consolidated group. In addition, the

amendments provide a special rule for

applications filed by certain

corporations that become new members

of a consolidated group, extending the

period of time for filing an application

for a tentative carryback adjustment

resulting from losses or credits arising

in the new member’s last separate return

year. For these purposes, the separate

return year is treated as ending on the

same date as the end of the current

taxable year of the consolidated group.

Until Form 1139 (Application for a

Tentative Carryback Adjustment) is

modified to reflect the changes made by

this regulation, an application for a

tentative carryback adjustment filed

under the special rule must include

additional information in the form of a

statement, ‘‘Filed pursuant to Treas.

Reg. section 1.1502–78(e)(2),’’ in red, at

the top of the current Form 1139. In

addition, the Form 1139 must state, in

red, the ‘‘year end’’ of the consolidated

group that the new member joins. In

response to the changes made by this

regulation, IRS Service Centers

developed a procedure to assist in

processing applications filed under

§ 1.1502–78(e)(2). This procedure

requires that the additional information,

as set forth above, be included on the

Form 1139. This procedure supplements

existing guidelines for filing and

processing Form 1139.

The proposed regulation (66 FR 747)

was issued as § 1.1502–78T(g). This

final regulation adopts the substance of

the proposed regulation and renumbers

such provision as § 1.1502–78(e).

Special Analyses

It has been determined that this

Treasury Decision is not a significant

regulatory action as defined in

Executive Order 12866. Therefore, a

regulatory assessment is not required. It

is hereby certified that this regulation

will not impose a significant economic

impact on a substantial number of small

entities because it affects a relatively

small number of corporations and few,

if any, of those corporations are likely

to be small businesses. Therefore, a

Regulatory Flexibility Analysis under

the Regulatory Flexibility Act (5 U.S.C.

chapter 6) is not required. Pursuant to

section 7805(f) of the Code, the notice

of proposed rulemaking that preceded

these regulations was submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment

on its impact on small business.

Drafting Information

The principal authors of these

regulations are Christopher M. Bass and

Frances L. Kelly, Office of the Associate

Chief Counsel (Corporate). However,

other personnel from the IRS and

Treasury Department participated in

their development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements.

Adoption of Amendments to the

Regulations

Accordingly, 26 CFR part 1 is

amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 is amended by removing the

entries for Sections 1.1502–78(b) and

1.1502–78T and by adding an entry in

numerical order to read in part as

follows:

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

Section 1.1502–78 also issued under 26

U.S.C. 1502, 6402(k), and 6411(c). * * *

Par. 2. Section 1.1502–78 is amended

by adding paragraph (e) to read as

follows:

§ 1.1502–78 Tentative carryback

adjustments.

* * * * *

(e) Time for filing application—(1)

General rule. The provisions of section

6411(a) apply to the filing of an

application for a tentative carryback

adjustment by a consolidated group.

(2) Special rule for new members—(i)

New member. A new member is a

corporation that, in the preceding

taxable year, did not qualify as a

member, as defined in § 1.1502–1(b), of

the consolidated group that it now joins.

(ii) End of taxable year. Solely for the

purpose of complying with the twelvemonth requirement for making an

application for a tentative carryback

adjustment under section 6411(a), the

separate return year of a qualified new

member shall be treated as ending on

the same date as the end of the current

taxable year of the consolidated group

that the qualified new member joins.

(iii) Qualified new member. A new

member of a consolidated group