8608 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations 

§ 184.1553 Peptones. 

* * * * * 

(b) The ingredients must be of a purity 

suitable for their intended use. 

* * * * * 

■ 30. Section 184.1555 is amended by 

revising paragraph (c)(3) to read as 

follows: 

§ 184.1555 Rapeseed oil. 

* * * * * 

(c) * * * 

(3) In addition to limiting the content 

of erucic acid to a level not exceeding 

2 percent of the component fatty acids, 

low erucic acid rapeseed oil and 

partially hydrogenated low erucic acid 

rapeseed oil must be of a purity suitable 

for their intended use. 

* * * * * 

■ 31. Section 184.1639 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1639 Potassium lactate. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 32. Section 184.1655 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1655 Propane. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 33. Section 184.1764 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1764 Sodium hypophosphite. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 34. Section 184.1768 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1768 Sodium lactate. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 35. Section 184.1769a is amended by 

revising paragraph (b) to read as follows: 

§ 184.1769a Sodium metasilicate. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 36. Section 184.1848 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1848 Starter distillate. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 37. Section 184.1851 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1851 Stearyl citrate. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 38. Section 184.1854 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1854 Sucrose. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 39. Section 184.1859 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1859 Invert sugar. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 40. Section 184.1865 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1865 Corn syrup. 

* * * * * 

(b) The ingredient meets the 

specifications as defined and 

determined in § 168.120(b) or 

§ 168.121(a) of this chapter, as 

appropriate. 

* * * * * 

■ 41. Section 184.1923 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1923 Urea. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

■ 42. Section 184.1950 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1950 Vitamin D. 

* * * * * 

(b) Vitamin D2 and vitamin D3 as 

crystals meet the specifications of the 

Food Chemicals Codex, 3d Ed. (1981), 

pp. 344 and 345, which is incorporated 

by reference. Copies are available from 

the National Academy Press, 2101 

Constitution Ave. NW., Washington, DC 

20418, or available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federallregister/ 

codeloflfederallregulationsll 

ibrllocations.html. Vitamin D2 resin 

and vitamin D3 resin must be of a purity 

suitable for their intended use. 

* * * * * 

■ 43. Section 184.1984 is amended by 

revising paragraph (b) to read as follows: 

§ 184.1984 Zein. 

* * * * * 

(b) The ingredient must be of a purity 

suitable for its intended use. 

* * * * * 

Dated: February 8, 2008. 

Jeffrey Shuren, 

Assistant Commissioner for Policy. 

[FR Doc. E8–2809 Filed 2–13–08; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 702 

[TD 9382] 

RIN 1545–BH41 

Payments From the Presidential 

Primary Matching Payment Account 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final and temporary 

regulations. 

SUMMARY: This document contains final 

and temporary regulations relating to 

the financing of presidential primary 

campaigns. The temporary regulations 

relate to Treasury procedures for making 

payments from the Presidential Primary 

Matching Payment Account (Primary 

Account). These temporary regulations 

affect all candidates eligible to receive 

payments from the Primary Account. 

The text of the temporary regulations 

also serves as the text for the proposed 

regulations (REG–149475–07) set forth 

in the notice of proposed rulemaking on 

this subject in the Proposed Rules 

section in this issue of the Federal 

Register. 

DATES: Effective Date: These regulations 

are effective on February 14, 2008. 

Applicability Date: For dates of 

applicability, see §§ 702.9037–1(b), 

702.9037–1T(b), 702.9037–2(e) and 

702.9037–2T(c). 

FOR FURTHER INFORMATION CONTACT: 

Karla M. Meola at (202) 622–4930 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

Under section 6096 of the Internal 

Revenue Code (Code), individuals 

whose income tax liability for the 

taxable year is $3 or more may designate 

$3 for the Presidential Election 

Campaign Fund (Fund) on their tax 

returns. Section 9006(a) establishes the 


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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations 8609 

Fund and requires the Treasury 

Secretary (Treasury) to transfer amounts 

designated under section 6096 to the 

Fund. Three types of payments are 

made from the Fund: (1) Payments to 

the national committee of each major 

and minor party, (2) payments to the 

eligible candidates of a political party 

for President and Vice President, and (3) 

payments to eligible candidates seeking 

nomination for election to be President. 

See sections 9008(b)(3), 9006(b) and 

9037(b). 

Section 9008 requires the Treasury to 

maintain a separate account in the Fund 

for payments to the national committee 

of each major and minor party for their 

presidential nominating conventions, to 

be made upon receipt of certification by 

the Federal Election Commission 

(Commission). Section 9008(a) directs 

the Treasury to fund this account before 

making payments under section 9006(b) 

to eligible candidates for President and 

Vice President. Section 9037(a) directs 

the Treasury to establish within the 

Fund an additional separate account, 

the Primary Account. Section 9037(a) 

also directs the Treasury to make 

deposits to the Primary Account only 

after funds ‘‘are available’’ for payments 

for the nominating conventions under 

section 9008 and the general election 

under section 9006. Section 9037(b) 

requires the Treasury to transfer 

amounts certified by the Commission 

from the Primary Account to candidates 

seeking nomination for President. 

Section 9037(b) also provides that in 

making such transfers to candidates of 

the same political party, the Treasury 

will seek to achieve an equitable 

distribution of available funds, and will 

take into account, in seeking to achieve 

an equitable distribution, the sequence 

in which certifications from the 

Commission are received. Under section 

9032(6), primary candidates may receive 

payments under section 9037(b) 

beginning on the first day of the 

calendar year of the presidential general 

election. 

Section 702.9037–2(c) establishes a 

‘‘shortfall rule,’’ which provides that if 

the amount certified by the Commission 

for primary candidates in a calendar 

month exceeds the balance in the 

Primary Account on the last day of the 

calendar month, the amount paid to a 

candidate for that month from the 

Primary Account is determined by 

multiplying the amount certified by the 

Commission for the candidate during 

that month by the ratio of the balance 

in the Primary Account on the last day 

of the calendar month over the total 

amount certified by the Commission for 

all the candidates during that month. 

Any amount certified by the 

Commission, but not paid to a candidate 

because of the operation of this shortfall 

rule, is treated as an amount certified by 

the Commission for that candidate 

during the succeeding calendar month. 

Notice 96–13 (1996–1 CB 366) 

announced a change in the payment 

procedures contained in § 702.9037–

2(c). The notice stated that when the 

Primary Account is in a shortfall 

position, the Treasury may make an 

additional payment between regular 

payment dates promptly after funds are 

available. Such payment is determined 

by multiplying the amount certified by 

the Commission for the candidate in 

month 1 by the ratio of the balance in 

the Primary Account (but not to exceed 

the shortfall) on the 15th day of month 

2 (or the first business day thereafter if 

the 15th is not a business day) over the 

total amount certified by the 

Commission for all the candidates in 

month 1. Notice 96–13 stated that the 

regulations would be amplified to 

reflect these changed procedures and 

that the revised regulations would have 

an effective date of February 2, 1996. 

See § 601.601(d)(2)(ii)(b). 

Notice 2007–96 (2007–49 IRB 1091) 

superseded Notice 96–13 and 

announced that the procedures for 

making payments from the Primary 

Account would be changed. The notice 

also announced that the Treasury 

intended to modify the regulations 

under section 9037 to reflect the 

changed procedures. In compliance 

with section 7805(b)(1)(C), and as stated 

in Notice 2007–96, pursuant to Notice 

96–13, the effective date of these 

amendments to the regulations would 

be February 2, 1996. 

Explanation of Provisions 

The regulations under section 9037 

were promulgated in 1991 and provide 

procedures for administering the 

Primary Account. The procedures 

specified in these regulations have not 

kept pace with technological changes 

that allow the Primary Account to be 

administered and operated more 

efficiently. For example, the regulations 

do not provide for more than monthly 

payments in the event of a shortfall as 

contemplated by Notice 96–13. 

Accordingly, the temporary regulations 

remove these outdated administrative 

procedures. Concurrently with the 

issuance of these temporary regulations 

the Internal Revenue Service is 

publishing a revenue procedure 

specifying revised procedures for 

administering the Primary Account. 

These revised procedures allow weekly 

payments from the Primary Account to 

candidates. 

Effective/Applicability Date 

These temporary regulations apply to 

payments from the Primary Account on 

or after February 2, 1996. 

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 

also has been determined that section 

553(b) of the Administrative Procedure 

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

to these regulations. For the 

applicability of the Regulatory 

Flexibility Act (5 U.S.C. chapter 6) refer 

to the Special Analysis section of the 

preamble to the cross-reference notice of 

proposed rulemaking published in the 

Proposed Rule section in this issue of 

the Federal Register. Pursuant to 

section 7805(f) of the Code, these 

regulations have been submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on their impact on small business. 

Drafting Information 

The principal author of these 

regulations is Karla M. Meola, Office of 

the Associate Chief Counsel (Income 

Tax and Accounting), IRS. However, 

other personnel from the IRS and 

Treasury Department participated in 

their development. 

List of Subjects in 26 CFR Part 702 

Campaign funds. 

Amendments to the Regulations 

■ Accordingly, 26 CFR part 702 is 

amended as follows: 

PART 702—PRESIDENTIAL PRIMARY 

MATCHING PAYMENT ACCOUNT 

■ Paragraph 1. The authority citation 

for part 702 continues to read in part as 

follows: 

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

■ Par. 2. Section 702.9037–1 is 

amended as follows: 

■ 1.The undesignated text is designated 

as paragraph (a). 

■ 2. Paragraph (b) is added. 

The revision reads as follows: 

§ 702.9037–1 Transfer of amounts to the 

Presidential Primary Matching Payment 

Account. 

* * * * * 

(b) Effective/applicability date. These 

regulations apply to the Primary 

Account before February 2, 1996. 

■ Par. 3. Section 702.9037–1T is added 

to read as follows: 


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8610 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Rules and Regulations 

§ 702.9037–1T Transfer of amounts to the 

Presidential Primary Matching Payment 

Account (temporary). 

(a) In general. The Secretary will 

deposit amounts into the Presidential 

Primary Matching Payment Account 

(Primary Account) only to the extent 

that there are amounts in the 

Presidential Election Campaign Fund 

(Fund) after the transfers prescribed by 

§ 701.9006–1(c) and (d). The Secretary 

will make this deposit promptly from 

amounts that have actually been 

transferred to the Fund under 

§ 701.9006–1(a). Any amounts in the 

Primary Account after October 31 

following a presidential election will be 

returned to the Fund for the purpose of 

making the transfers prescribed by 

§ 701.9006–1(c), (d), and (f) for the next 

presidential election. 

(b) Effective/applicability date. (1) 

These regulations apply to the Primary 

Account on or after February 2, 1996. 

(2) Expiration Date. This section 

expires on February 11, 2011. 

■ Par. 4. Section 702.9037–2 is 

amended by adding paragraph (e) to 

read as follows: 

§ 702.9037–2 Payments from the 

Presidential Primary Matching Payment 

Account. 

* * * * * 

(e) Effective/applicability date. These 

regulations apply to the Primary 

Account before February 2, 1996. 

■ Par. 5. Section 702.9037–2T is added 

to read as follows: 

§ 702.9037–2T Payments from the 

Presidential Primary Matching Payment 

Account (temporary). 

(a) In general. Pursuant to section 

9036, the Federal Election Commission 

(Commission) will certify to the 

Secretary the full amount of payment to 

which a candidate is entitled under 

section 9034. The Secretary will pay 

promptly, but not before the start of the 

matching payment period under section 

9032(6), the amounts certified by the 

Commission from the Presidential 

Primary Matching Payment Account 

(Primary Account) to the candidate. 

(b) Additional guidance. The Internal 

Revenue Service may publish guidance 

in the Internal Revenue Bulletin (see 

§ 601.601(d)(2)(ii)(b) of this chapter) 

prescribing additional rules and 

procedures for the Primary Account. 

(c) Effective/applicability date. (1) 

These regulations apply to the Primary 

Account on or after February 2, 1996. 

(2) Expiration Date. This section 

expires on February 11, 2011. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: February 1, 2008. 

Eric Solomon, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 08–674 Filed 2–11–08; 12:09 pm] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2006–0501; FRL–8524–7] 

North Dakota: Final Authorization of 

State Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference of Approved Hazardous 

Waste Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize States to operate their 

hazardous waste management programs 

in lieu of the federal program. EPA uses 

the regulations entitled ‘‘Approved State 

Hazardous Waste Management 

Programs’’ to provide notice of the 

authorization status of State programs 

and to incorporate by reference those 

provisions of the State regulations that 

will be subject to EPA’s inspection and 

enforcement. This rule codifies in the 

regulations the prior approval of North 

Dakota’s hazardous waste management 

program and incorporates by reference 

authorized provisions of the State’s 

regulations. In addition, this document 

corrects errors made in the Federal 

Register authorization documents for 

North Dakota published on June 25, 

1990 and September 26, 2005. 

DATES: This final authorization will 

become effective on April 14, 2008, 

unless the EPA receives adverse written 

comment by March 17, 2008. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the immediate 

final rule in the Federal Register 

informing the public that the rule will 

not take effect. The incorporation by 

reference of authorized provisions in the 

North Dakota statutes and regulations 

contained in this rule is approved by the 

Director of the Federal Register as of 

April 14, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

RCRA–2006–0501, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: daly.carl@epa.gov. 

• Fax: (303) 312–6341. 

• Mail: Send written comments to 

Carl Daly, Solid and Hazardous Waste 

Program, EPA Region 8, Mailcode 8P–

HW, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery or Courier: Deliver 

your comments to Carl Daly, Solid and 

Hazardous Waste Program, EPA Region 

8, Mailcode 8P–HW, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The public is 

advised to call in advance to verify the 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–RCRA–2006–

0501. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov, or e-mail. The 

federal web site, (http:// 

www.regulations.gov) is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm). 


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