72914 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Rules and Regulations 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 7. The authority citation of part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805 

■ Par. 8. In § 602.101, paragraph (b) is 

amended by revising an entry in the 

table for ‘‘1.1297–3T’’ as follows: 

§ 602.101 OMB Control numbers. 

* * * * * 

(b) * * * 

CFR part or section where 

Identified and described 

Current OMB 

control No. 

* * * * * 

1.1297–3T ............................. 1545–1965 

* * * * * 

Approved: November 21, 2005. 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury. 

[FR Doc. 05–23630 Filed 12–7–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 602 

[TD 9231] 

RIN 1545–BC49 

Guidance on Passive Foreign 

Investment Company (PFIC) Purging 

Elections 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations and removal of 

temporary regulations. 

SUMMARY: This document contains final 

regulations that provide specific 

elections that give relief to certain 

United States persons that continue to 

be subject to the PFIC excess 

distribution regime of section 1291 even 

though the foreign corporation in which 

they hold stock no longer satisfies the 

definition of a PFIC under section 

1297(a). The final regulations affect U.S. 

persons owning stock in a PFIC. 

DATES: Effective Date: These regulations 

are effective December 8, 2005. 

Applicability Date: For dates of 

applicability, see § 1.1298–3(f). 

FOR FURTHER INFORMATION CONTACT: 

Ethan Atticks at (202) 622–3840 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collection of information 

contained in these final regulations has 

been previously reviewed and approved 

by the Office of Management and 

Budget in accordance with the 

Paperwork Reduction Act (44 U.S.C. 

3507) under control number 1545–1028, 

which was later incorporated into 

control number 1545–1507. 

The collection of information in these 

final regulations is in § 1.1298–3(c)(5). 

This information is required to enable 

the IRS to verify that a taxpayer is 

reporting the correct amount of income, 

gain or loss from that taxpayer’s interest 

in the foreign corporation. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by the Office of 

Management and Budget. 

Books or records relating to a 

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 

This document contains final 

regulations under section 1298(b)(1). 

Section 1298(b)(1) was originally 

enacted as section 1297 by the Tax 

Reform Act of 1986 (Pub. L. 99–514, 100 

Stat. 2085) and was redesignated as 

section 1298 by the Taxpayer Relief Act 

of 1997 (Pub. L. 105–34, 111 Stat. 788). 

Section 1298(b)(1) provides that if a 

shareholder owns stock in a foreign 

corporation that, at any time during the 

shareholder’s holding period with 

respect to such stock, was a PFIC that 

was not a qualified electing fund (QEF), 

the stock will retain its character as 

PFIC stock, even if the corporation later 

ceases to qualify as a PFIC under section 

1297(a), unless the shareholder elects to 

purge the PFIC taint under rules similar 

to the rules of section 1291(d)(2). 

On March 2, 1988, the IRS and 

Treasury Department published 

temporary regulations (TD 8178, 1988–

1 CB 313 [53 FR 6770]), and proposed 

regulations that cross-referenced the 

temporary regulations (INTL 941–86 [53 

FR 6781]), concerning the election 

under section 1298(b)(1) (then section 

1297(b)(1)) (1988 temporary 

regulations). The 1988 temporary 

regulations permitted a shareholder of a 

former PFIC, as defined in § 1.1291–

9(j)(2)(iv), to purge the PFIC taint by 

making a deemed sale election. On 

January 2, 1998, the IRS and Treasury 

Department published temporary 

regulations (TD 8750; 1998–8 IRB 4 [63 

FR 6]) and proposed regulations that 

cross-referenced the temporary 

regulations (REG 115795–97 [63 FR 39–

01]) that amended the 1988 temporary 

regulations. The 1998 temporary 

regulations provided that a shareholder 

of a former PFIC that was a controlled 

foreign corporation (as defined in 

section 957(a)) during its last taxable 

year as a PFIC under section 1297(a), 

may apply the rules of the deemed 

dividend election under section 

1291(d)(2)(B) and § 1.1291–9 to its 

section 1298(b)(1) election. The 1998 

temporary regulations expired on 

January 2, 2001, pursuant to section 

7805(e)(2). 

One written comment was received 

regarding the deemed sale election in 

response to the notice of proposed 

rulemaking published by cross-reference 

to the 1988 regulations. No public 

hearing was requested or held on the 

notice of proposed rulemaking. After 

consideration of the comment, the 1988 

temporary regulations, as modified by 

the 1998 temporary regulations that 

permit a deemed dividend election in 

certain circumstances, are adopted as 

final regulations with the changes 

discussed below. 

Summary of Comments and 

Explanation of Revisions 

A. Time and Manner of Making the 

Deemed Sale Election 

One comment was received on the 

1988 temporary regulations regarding 

the deemed sale election under 

§ 1.1297–3T. The comment 

recommended that the regulations 

permit a shareholder to make a deemed 

sale election without having to file an 

amended return in instances where an 

election could be filed by the due date 

of the shareholder’s original return for 

the last taxable year during which the 

foreign corporation continued to qualify 

as a PFIC under section 1297(a). This 

suggestion was adopted with respect to 

both the deemed sale and deemed 

dividend elections, and the regulations 

have been revised accordingly. 

B. Additional Revisions 

Additional revisions were made to the 

final regulations to reflect the 

redesignation of certain Code sections 

pursuant to the Taxpayer Relief Act of 

1997 (Pub. L. 105–34, 111 Stat. 788). 

Similar revisions were made to the 

definition of former PFIC contained in 

Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Rules and Regulations 72915 

§ 1.1291–9(j)(2)(iv). In addition, the 

deemed dividend election provisions 

were added and the deemed sale 

election provisions were revised to 

conform generally the elections under 

section 1298(b)(1) to the deemed 

dividend and deemed sale election 

provisions contained in §§ 1.1291–9 and 

¥10 (purging elections in connection 

with election to treat PFIC as a QEF). 

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 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and, because the 

regulations do not impose a collection 

of information on small entities, the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6) does not apply. Pursuant to 

section 7805(f) of the Code, the notice 

of proposed rulemaking preceding this 

regulation 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 author of this regulation 

is Ethan Atticks, Office of Associate 

Chief Counsel (International). However, 

other personnel from the IRS and 

Treasury Department participated in 

their development. 

List of Subjects 

26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

26 CFR Part 602 

Reporting and recordkeeping 

requirements. 

Adoption of Amendments to the 

Regulations 

■ Accordingly, 26 CFR parts 1 and 602 

are amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

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

■ Par. 2. Section 1.1291–9 is amended 

as follows: 

■ 1. Paragraph (i)(1) is removed. 

■ 2. The paragraph heading of 

paragraph (i)(2) is removed. 

■ 3. The text of paragraph (i)(2) is 

redesignated as paragraph (i). 

■ 4. Paragraph (j)(2)(iv) is revised. 

■ 5. Paragraph (j)(2)(v) is added. 

The revision and addition reads as 

follows: 

§ 1.1291–9 Deemed dividend election. 

* * * * * 

(j) * * * 

(2) * * * 

(iv) Former PFIC. A foreign 

corporation is a former PFIC with 

respect to a shareholder if the 

corporation satisfies neither the income 

test of section 1297(a)(1) nor the asset 

test of section 1297(a)(2), but its stock, 

held by that shareholder, is treated as 

stock of a PFIC, pursuant to section 

1298(b)(1), because the corporation was 

a PFIC that was not a QEF at some time 

during the shareholder’s holding period 

of the stock. 

(v) Section 1297(e) PFIC. [Reserved]. 

For further guidance, see § 1.1291–

9T(j)(2)(v). 

* * * * * 

■ Par. 3. Section 1.1297–0 is revised to 

read as follows: 

§ 1.1297–0 Table of contents. 

This section contains a listing of the 

paragraph headings for § 1.1297–3. 

§ 1.1297–3 Deemed sale or deemed 

dividend election by a U.S. person that is 

a shareholder of a section 1297(e) PFIC. 

[Reserved]. For further guidance, see the 

entries in § 1.1297–3T. 

■ Par. 4. Section 1.1297–3 is added to 

read as follows: 

§ 1.1297–3 Deemed sale or deemed 

dividend election by a U.S. person that is 

a shareholder of a section 1297(e) PFIC. 

[Reserved]. For further guidance, see 

§ 1.1297–3T. 

■ Par. 5. Sections 1.1298–0 and 1.1298–

3 are added to read as follows: 

§ 1.1298–0 Table of contents. 

This section contains a listing of the 

paragraph headings for § 1.1298–3. 

§ 1.1298–3 Deemed sale or deemed 

dividend election by a U.S. person that is 

a shareholder of a former PFIC. 

(a) In general. 

(b) Application of deemed sale election 

rules. 

(1) Eligibility to make the deemed sale 

election. 

(2) Effect of deemed sale election. 

(3) Time for making the deemed sale 

election. 

(4) Manner of making the deemed sale 

election. 

(5) Adjustments to basis. 

(6) Treatment of holding period. 

(c) Application of deemed dividend 

election rules. 

(1) Eligibility to make the deemed dividend 

election. 

(2) Effect of the deemed dividend election. 

(3) Post-1986 earnings and profits defined. 

(4) Time for making the deemed dividend 

election. 

(5) Manner of making the deemed dividend 

election. 

(6) Adjustments to basis. 

(7) Treatment of holding period. 

(8) Coordination with section 959(e). 

(d) Termination date. 

(e) Late purging elections requiring special 

consent. [Reserved]. For further guidance, see 

§ 1.1298–0T. 

(f) Effective date. 

§ 1.1298–3 Deemed sale or deemed 

dividend election by a U.S. person that is 

a shareholder of a former PFIC. 

(a) In general. A shareholder (as 

defined in § 1.1291–9(j)(3)) of a foreign 

corporation that is a former PFIC, (as 

defined in § 1.1291–9(j)(2)(iv)) with 

respect to such shareholder, shall be 

treated for tax purposes as holding stock 

in a PFIC and therefore continues to be 

subject to taxation under section 1291 

unless the shareholder makes a purging 

election under section 1298(b)(1). A 

purging election under section 

1298(b)(1) is made under rules similar 

to the rules of section 1291(d)(2). 

Section 1291(d)(2) allows a shareholder 

to purge the continuing PFIC taint by 

making either a deemed sale election or 

a deemed dividend election. 

(b) Application of deemed sale 

election rules: (1) Eligibility to make the 

deemed sale election. A shareholder of 

a foreign corporation that is a former 

PFIC with respect to such shareholder 

may make a deemed sale election under 

section 1298(b)(1) by applying the rules 

of this paragraph (b). 

(2) Effect of deemed sale election. A 

shareholder making the deemed sale 

election with respect to a former PFIC 

shall be treated as having sold all its 

stock in the former PFIC for its fair 

market value on the termination date, as 

defined in paragraph (d) of this section. 

A deemed sale is treated as a disposition 

subject to taxation under section 1291. 

Thus, gain from the deemed sale is 

taxed under section 1291 as an excess 

distribution received on the termination 

date. In the case of an election made by 

an indirect shareholder, the amount of 

gain to be recognized and taxed as an 

excess distribution is the amount of gain 

that the direct owner of the stock of the 

PFIC would have realized on an actual 

sale or disposition of the stock of the 

PFIC indirectly owned by the 

shareholder. Any loss realized on the 

deemed sale is not recognized. After the 

deemed sale election, the shareholder’s 

stock with respect to which the election 

was made under this paragraph (b) shall 

not be treated as stock in a PFIC and the 

shareholder shall not be subject to 

taxation under section 1291 with 

respect to such stock unless the foreign 

72916 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Rules and Regulations 

corporation thereafter qualifies as a 

PFIC under section 1297(a). 

(3) Time for making the deemed sale 

election. Except as provided in 

paragraph (e) of this section, the 

shareholder shall make the deemed sale 

election under this paragraph (b) and 

section 1298(b)(1) in the shareholder’s 

original or amended return for the 

taxable year that includes the 

termination date (election year). If the 

deemed sale election is made in an 

amended return, the return must be 

filed by a date that is within three years 

of the due date, as extended under 

section 6081, of the original return for 

the election year. 

(4) Manner of making the deemed sale 

election. A shareholder makes the 

deemed sale election under this 

paragraph (b) by filing Form 8621 

(‘‘Return by a Shareholder of a Passive 

Foreign Investment Company or 

Qualified Electing Fund’’) with the 

return of the shareholder for the election 

year, reporting the gain as an excess 

distribution pursuant to section 1291(a) 

as if such deemed sale occurred under 

section 1291(d)(2), and paying the tax 

and interest due on the excess 

distribution. A shareholder that makes 

the deemed sale election after the due 

date of the return (determined without 

regard to extensions) for the election 

year must pay additional interest, 

pursuant to section 6601, on the amount 

of underpayment of tax for that year. An 

electing shareholder that realizes a loss 

shall report the loss on Form 8621, but 

shall not recognize the loss. 

(5) Adjustments to basis. A 

shareholder that makes the deemed sale 

election increases its adjusted basis of 

the PFIC stock owned directly by the 

amount of gain recognized on the 

deemed sale. If the shareholder makes 

the deemed sale election with respect to 

a PFIC of which it is an indirect 

shareholder, the shareholder’s adjusted 

basis of the stock or other property 

owned directly by the shareholder, 

through which ownership of the PFIC is 

attributed to the shareholder, is 

increased by the amount of gain 

recognized by the shareholder. In 

addition, solely for purposes of 

determining the subsequent treatment 

under the Code and regulations of a 

shareholder of the stock of the PFIC, the 

adjusted basis of the direct owner of the 

stock of the PFIC is increased by the 

amount of gain recognized on the 

deemed sale. A shareholder shall not 

adjust the basis of any stock with 

respect to which the shareholder 

realized a loss on the deemed sale, but 

which loss is not recognized under 

paragraph (b)(2) of this section. 

(6) Treatment of holding period. If a 

shareholder of a foreign corporation has 

made a deemed sale election, then, for 

purposes of applying sections 1291 

through 1298 to such shareholder after 

the deemed sale, the shareholder’s 

holding period in the stock of the 

foreign corporation begins on the day 

following the termination, without 

regard to whether the shareholder 

recognized gain on the deemed sale. For 

other purposes of the Code and 

regulations, this holding period rule 

does not apply. 

(c) Application of deemed dividend 

election rules: (1) Eligibility to make the 

deemed dividend election. A 

shareholder of a foreign corporation that 

is a former PFIC with respect to such 

shareholder may make the deemed 

dividend election under the rules of this 

paragraph (c) provided the foreign 

corporation was a controlled foreign 

corporation (as defined in section 957(a) 

(CFC)) during its last taxable year as a 

PFIC. A shareholder may make the 

deemed dividend election without 

regard to whether the shareholder is a 

United States shareholder within the 

meaning of section 951(b). A deemed 

dividend election may be made by a 

shareholder whose pro rata share of the 

post-1986 earnings and profits of the 

PFIC attributable to the PFIC stock held 

on the termination date is zero. 

(2) Effect of the deemed dividend 

election. A shareholder making the 

deemed dividend election with respect 

to a former PFIC shall include in income 

as a dividend its pro rata share of the 

post-1986 earnings and profits of the 

PFIC attributable to all of the stock it 

held, directly or indirectly on the 

termination date, as defined in 

paragraph (d) of this section. The 

deemed dividend is taxed under section 

1291 as an excess distribution received 

on the termination date. The excess 

distribution determined under this 

paragraph (c) is allocated under section 

1291(a)(1)(A) only to each day of the 

shareholder’s holding period of the 

stock during which the foreign 

corporation qualified as a PFIC. For 

purposes of the preceding sentence, the 

shareholder’s holding period of the PFIC 

stock ends on the termination date. 

After the deemed dividend election, the 

shareholder’s stock with respect to 

which the election was made under this 

paragraph (c) shall not be treated as 

stock in a PFIC and the shareholder 

shall not be subject to taxation under 

section 1291 with respect to such stock 

unless the foreign corporation thereafter 

qualifies as a PFIC under section 

1297(a). 

(3) Post-1986 earnings and profits 

defined: (i) In general. For purposes of 

this section, the term post-1986 earnings 

and profits means the post-1986 

undistributed earnings, within the 

meaning of section 902(c)(1) 

(determined without regard to section 

902(c)(3)), as of the close of the taxable 

year that includes the termination date. 

For purposes of this computation, only 

earnings and profits accumulated in 

taxable years during which the foreign 

corporation was a PFIC shall be taken 

into account, without regard to whether 

the earnings relate to a period during 

which the PFIC was a CFC. 

(ii) Pro rata share of post-1986 

earnings and profits attributable to 

shareholder’s stock: (A) In general. A 

shareholder’s pro rata share of the post1986 earnings and profits of the PFIC 

attributable to the stock held by the 

shareholder on the termination date is 

the amount of post-1986 earnings and 

profits of the PFIC accumulated during 

any portion of the shareholder’s holding 

period ending at the close of the 

termination date and attributable, under 

the principles of section 1248 and the 

regulations under that section, to the 

PFIC stock held on the termination date. 

(B) Reduction for previously taxed 

amounts. A shareholder’s pro rata share 

of the post-1986 earnings and profits of 

the PFIC does not include any amount 

that the shareholder demonstrates to the 

satisfaction of the Commissioner (in the 

manner provided in paragraph (c)(5)(ii) 

of this section) was, pursuant to another 

provision of the law, previously 

included in the income of the 

shareholder, or of another U.S. person if 

the shareholder’s holding period of the 

PFIC stock includes the period during 

which the stock was held by that other 

U.S. person. 

(4) Time for making the deemed 

dividend election. Except as provided in 

paragraph (e) of this section, the 

shareholder shall make the deemed 

dividend election under this paragraph 

(c) and section 1298(b)(1) in the 

shareholder’s original or amended 

return for the taxable year that includes 

the termination date (election year). If 

the deemed dividend election is made 

in an amended return, the return must 

be filed by a date that is within three 

years of the due date, as extended under 

section 6081, of the original return for 

the election year. 

(5) Manner of making the deemed 

dividend election: (i) In general. A 

shareholder makes the deemed dividend 

election by filing Form 8621 and the 

attachment to Form 8621 described in 

paragraph (c)(5)(ii) of this section with 

the return of the shareholder for the 

election year, reporting the deemed 

dividend as an excess distribution 

pursuant to section 1291(a)(1), and 

Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Rules and Regulations 72917 

paying the tax and interest due on the 

excess distribution. A shareholder that 

makes the deemed dividend election 

after the due date of the return 

(determined without regard to 

extensions) for the election year must 

pay additional interest, pursuant to 

section 6601, on the amount of 

underpayment of tax for that year. 

(ii) Attachment to Form 8621. The 

shareholder must attach a schedule to 

Form 8621 that demonstrates the 

calculation of the shareholder’s pro rata 

share of the post-1986 earnings and 

profits of the PFIC that is treated as 

distributed to the shareholder on the 

termination date pursuant to this 

paragraph (c). If the shareholder is 

claiming an exclusion from its pro rata 

share of the post-1986 earnings and 

profits for an amount previously 

included in its income or the income of 

another U.S. person, the shareholder 

must include the following information: 

(A) The name, address, and taxpayer 

identification number of each U.S. 

person that previously included an 

amount in income, the amount 

previously included in income by each 

such U.S. person, the provision of law 

pursuant to which the amount was 

previously included in income, and the 

taxable year or years of inclusion of 

each amount. 

(B) A description of the transaction 

pursuant to which the shareholder 

acquired, directly or indirectly, the 

stock of the PFIC from another U.S. 

person, and the provision of law 

pursuant to which the shareholder’s 

holding period includes the period the 

other U.S. person held the CFC stock. 

(6) Adjustments to basis. A 

shareholder that makes the deemed 

dividend election increases its adjusted 

basis of the stock of the PFIC owned 

directly by the shareholder by the 

amount of the deemed dividend. If the 

shareholder makes the deemed dividend 

election with respect to a PFIC of which 

it is an indirect shareholder, the 

shareholder’s adjusted basis of the stock 

or other property owned directly by the 

shareholder, through which ownership 

of the PFIC is attributed to the 

shareholder, is increased by the amount 

of the deemed dividend. In addition, 

solely for purposes of determining the 

subsequent treatment under the Code 

and regulations of a shareholder of the 

stock of the PFIC, the adjusted basis of 

the direct owner of the stock of the PFIC 

is increased by the amount of the 

deemed dividend. 

(7) Treatment of holding period. If the 

shareholder of a foreign corporation has 

made a deemed dividend election, then, 

for purposes of applying sections 1291 

through 1298 to such shareholder after 

the deemed dividend, the shareholder’s 

holding period of the stock of the 

foreign corporation begins on the day 

following the termination date. For 

other purposes of the Code and 

regulations, this holding period rule 

does not apply. 

(8) Coordination with section 959(e). 

For purposes of section 959(e), the 

entire deemed dividend is treated as 

having been included in gross income 

under section 1248(a). 

(d) Termination date. For purposes of 

this section, the termination date is the 

last day of the last taxable year of the 

foreign corporation during which it 

qualified as a PFIC under section 

1297(a). 

(e) Late purging elections requiring 

special consent. [Reserved]. For further 

guidance, see § 1.1298–3T(e). 

(f) Effective date. This section applies 

for taxable years of shareholders 

beginning on or after December 8, 2005. 

However, taxpayers may apply the rules 

of this section to a taxable year 

beginning prior to December 8, 2005, 

provided the statute of limitations on 

the assessment of tax has not expired. 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 6. The authority citation for part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ Par. 7. In § 602.101, paragraph (b) is 

amended by adding an entry in 

numerical order to the table as follows: 

§ 602.101 OMB Control numbers. 

* * * * * 

(b) * * * 

CFR part or section where 

identified and described 

Current OMB 

control No. 

* * * * * 

1.1298–3 ............................... 1545–1507 

* * * * * 

Approved: November 21, 2005. 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury. 

[FR Doc. 05–23629 Filed 12–7–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 346 

Department of Defense Education 

Activity (DoDEA) 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This document removes 32 

CFR Part 346, ‘‘DoD Education 

Activity’’. This part has served the 

purpose for which it was intended and 

is no longer needed. A copy of DoD 

Directive 1342.20, ‘‘Department of 

Defense Education Activity (DoDEA),’’

is available at http://www.dtic.mil/whs/ 

directives/. 

EFFECTIVE DATE: This rule is effective 

November 28, 2005. 

FOR FURTHER INFORMATION CONTACT: L.M. 

Bynum 703–696–4970. 

List of Subjects in 32 CFR Part 346 

Education, Military personnel, 

Organization and functions 

(Government agencies). 

PART 346—[REMOVED] 

■ For reasons set forth in the preamble, 

under the authority of 10 U.S.C. 131, 32 

CFR Part 346 is removed. 

Dated: December 2, 2005. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison, 

Department of Defense. 

[FR Doc. 05–23768 Filed 12–7–05; 8:45 am] 

BILLING CODE 5001–06–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 86 

[OAR–2004–0011; FRL 8004–7] 

RIN 2060–AM32 

Control of Air Pollution From New 

Motor Vehicles and New Motor Vehicle 

Engines: Technical Amendments to 

Evaporative Emissions Regulations, 

Dynamometer Regulations, and 

Vehicle Labeling 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to make changes to certain 

provisions of the evaporative and 

refueling emission regulations for lightduty vehicles, light-duty trucks and 

heavy-duty vehicles up to 14,000