66074 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

communicate with foreign Central

Authorities about incoming cases, to

determine the whereabouts of children

wrongfully taken to the United States, to

attempt to promote voluntary return of

abducted children, and to facilitate the

initiation of judicial proceedings with a

view toward securing the return of

abducted children. Many of the case

officer functions involve extensive

contact with local law enforcement

officials, social service agencies, legal

aid organizations and local bar

associations.

The Office of Children’s Issues has

recently entered into an agreement with

the Department of Justice’s Office of

Juvenile Justice and Delinquency

Prevention, and the National Center for

Missing and Exploited Children

(National Center). Under this agreement,

the National Center will assist the U.S.

Central Authority in fulfilling its

responsibilities under the Hague

Convention.

The National Center, a nongovernmental organization, is a national

resource center and clearinghouse that

provides technical assistance to parents

seeking to locate and recover children

missing in the United States. For more

than ten years, the National Center has

been performing case management and

analysis functions for domestic

abductions; it handles more than 1,200

parental child abduction cases annually.

By agreement with the Department of

Justice, the National Center provides

legal technical assistance, maintains a

toll-free hotline as well as an online

information network, and operates a

photo distribution service.

Transferring specified case officer

functions to the National Center with

respect to incoming Hague Convention

cases will result in the provision of

better service to parents seeking the

return of children under the

Convention. Parents will benefit from

the National Center’s expertise in

finding missing children and liaising

with contacts in the local law

enforcement and social services

communities.

This transfer of case officer functions

to the National Center will not in any

way alter the role of the State

Department as U.S. Central Authority

under the Hague Convention. The Office

of Children Issues will continue as the

U.S. Central Authority under the

Convention and will retain ultimate

responsibility for all incoming cases.

Under the agreement, all inherently

governmental functions, including

matters of Hague Convention

interpretation and policy direction are

to be carried out by the Department of

State. Congressional and White House

correspondence as well as media

relations will continue to be handled by

the Office of Children’s Issues.

The Department of State is publishing

this as an interim final rule, rather than

as a notice of proposed rulemaking as

allowed by 5 U.S.C. 553(b)(3)(B) when

an agency determines, for good cause,

that it is unnecessary to publish a

proposed rule. The Department of State

has determined that publication of a

proposed rule is unnecessary, as the

transfer of responsibility over incoming

Hague Convention cases to the National

Center primarily affects workload

distribution and management of U.S.

Central Authority functions. The

Department of State’s Office of

Children’s Issues will continue to

perform all inherently governmental

functions of the U.S. Central Authority.

This rule is exempt from E.O. 12866,

but nonetheless has been reviewed and

found to be consistent with the

objectives and policies thereof. This rule

is not expected to have a significant

impact on a substantial, number of

small entities under the criteria of the

Regulatory Flexibility Act, 5 U.S.C.

605(b). In addition, this rule would not

impose information collection

requirements under the provisions of

the Paperwork Reduction. Act, 44 U.S.C.

Chapter 35. Nor does this rule have

federalism implications warranting the

preparation of a Federalism Assessment

in accordance with E.O. 12612. This

rule has been reviewed as required by

E.O. 12778 and certified to be in

compliance therewith.

List of Subjects in 22 CFR Part 94

Infants and children, reporting and

recordkeeping requirements, Treaties.

For the reasons set forth in the

preamble, 22 CFR 94 is amended as

follows:

PART 94—INTERNATIONAL CHILD

ABDUCTION

1. The authority citation for part 94

continues to read as follows:

Authority: Hague Convention on the Civil

Aspects of International Child Abduction;

International Child Abduction Remedies Act,

Pub. L. 100–300.

2. Section 94.6 is amended by revising

the introductory text and paragraph (1),

removing paragraph (k), redesignating

paragraphs (a) through (j) as paragraphs

(b) through (k), and adding a new

paragraph (a) to read as follows:

§ 94.6 Procedures for children abducted to

the United States.

The National Center for Missing and

Exploited Children shall act under the

direction of the U.S. Central Authority

and shall perform the following

operational functions with respect to all

Hague Convention applications seeking

the return of children wrongfully

removed to or retained in the United

States or seeking access to children in

the United States:

(a) Receive all applications on behalf

of the U.S. Central Authority;

* * * * *

(l) Perform such additional functions

as set out in the ‘‘Cooperative

Agreement Adjustment Notice’’ between

the Department of State, Department of

Justice, and National Center for Missing

and Exploited Children.

Dated: November 3, 1995.

Mary A. Ryan,

Assistant Secretary of State for Consular

Affairs.

[FR Doc. 95–31106 Filed 12–20–95; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

Federal Highway Administration

23 CFR Part 1208

[NHTSA Docket No. 85–12; Notice 4]

RIN 2127–AF95

National Minimum Drinking Age

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Federal Highway Administration

(FHWA), Department of Transportation

(DOT).

ACTION: Final Rule.

SUMMARY: This final rule amends Part

1208 of title 23 of the Code of Federal

Regulations (CFR). Part 1208 prescribes

the requirements necessary to

implement 23 U.S.C. 158, which

established the National Minimum

Drinking Age Act. This final rule is

amending Part 1208 by removing

outdated and obsolete provisions from

that regulation.

EFFECTIVE DATE: January 22, 1996.

FOR FURTHER INFORMATION CONTACT: In

NHTSA: Mr. James Wright, Office of

Traffic Safety Programs, National

Highway Traffic Safety Administration,

400 7th Street, S.W., Washington, D.C.

20590, telephone (202) 366–2724; or Ms.

Heidi L. Coleman, Office of Chief

Counsel, Room 5219, National Highway

Traffic Safety Administration, 400

Seventh Street, S.W., Washington, D.C.

20590, telephone (202) 366–1834. In

FHWA: Ms. Mila Plosky, Office of

Highway Safety, Federal Highway
Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations 66075

Administration, 400 7th Street, S.W.,

Washington, D.C. 20590, telephone

(202) 366–6902; or Mr. Paul Brennan,

Office of the Chief Counsel, Federal

Highway Administration, 400 7th Street,

S.W., Washington, D.C. 20590,

telephone (202) 366–0834.

SUPPLEMENTARY INFORMATION: On March

4, 1995, President Clinton directed all

Federal Departments and agencies to

take a number of steps to overhaul the

nation’s regulatory system. The first step

was to conduct a page-by-page review of

all agency regulations now in force and

eliminate or revise those that are

outdated or otherwise in need of reform.

NHTSA and FHWA conducted a

thorough, page-by-page review of all

agency regulations, including those that

pertain to State and community

highway safety programs.

As a result of these efforts, NHTSA

and FHWA have determined that Part

1208 of title 23 of the Code of Federal

Regulations (CFR) should be amended,

because portions of the regulation are

outdated and obsolete.

Part 1208 prescribes the requirements

necessary to implement 23 U.S.C. § 158,

which established the National

Minimum Drinking Age. The regulation

clarifies the provisions which a State

must have incorporated into its laws in

order to avoid the withholding of

Federal-aid highway funds for

noncompliance with the National

Minimum Drinking Age. It also

describes, in detail, the consequences of

noncompliance.

The regulation was first published in

the Federal Register on March 26, 1985

(51 F.R. 10376). It was amended, to

reflect statutory changes made to the

National Minimum Drinking Age Act,

on August 18, 1988 (53 F.R. 31318).

Some of the provisions of the

regulation are no longer applicable. For

example, under the National Minimum

Drinking Age (NMDA), funds withheld

from a State prior to FY 1989 remained

available for apportionment to the State

for a period of time, and States were

permitted for a limited period of time to

include in their laws ‘‘grandfather

rights’’ for persons who were between

the ages of 18 and 21. The regulation

contained provisions implementing

these statutory requirements. These

requirements no longer apply. Funds

now withheld under the NMDA are not

available for apportionment to the State,

and grandfather rights may no longer be

included in State laws. This final rule

deletes these outdated and obsolete

provisions.

The NMDA provides that the

Secretary must withhold from noncomplying States, ten percent of the

funds required to be apportioned under

23 U.S.C. §§ 104(b)(1), 104(b)(2),

104(b)(5) and 104(b)(6). At the time the

NMDA was enacted, these sections

corresponded with the Federal-aid

primary, secondary, Interstate and urban

systems funding categories.

The Intermodal Surface

Transportation Efficiency Act of 1991

(ISTEA), which was enacted on

December 18, 1991, revised or

eliminated these funding categories, and

created new ones, including the

National Highway System (NHS) and

the Surface Transportation Program

(STP). The Interstate System funding

category was maintained, although the

Interstate system itself is now a

component of NHS. The Interstate

funding category involves resurfacing,

restoring, rehabilitating and

reconstruction.

Since the enactment of ISTEA, the

agencies have administered the penalty

provisions of 23 U.S.C. § 158 by

withholding ten percent of a State’s

apportionments for the NHS, STP and

Interstate System programs (23 U.S.C.

§§ 104(b)(1), 104(b)(3) and 104(b)(5)),

the successors to the funding categories

referenced in the NMDA. However, the

NMDA has not been amended to reflect

the changes made to the funding

categories by ISTEA. Accordingly, the

implementing regulation for NMDA

continues to reflect the language

contained in the NMDA. This final rule

does not amend this portion of the

regulation.

Rulemaking Analyses and Notices

(a) Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures.

The agencies have determined that

this action is not a significant regulatory

action within the meaning of Executive

Order 12866 or significant within the

meaning of Department of

Transportation Regulatory Policies and

Procedures. This final rule does not

impose any additional burden on the

public. It is technical in nature and does

not change the requirements of the

program. It is anticipated that there will

be no economic impact as a result of

this rulemaking. Accordingly, a full

regulatory evaluation is not required

and was not prepared.

(b) Regulatory Flexibility Act.

In compliance with the Regulatory

Flexibility Act (Pub. L. 96–354, 5 U.S.C.

601–612), the agencies have evaluated

the effects of this rule on small entities.

Based on the evaluation, the agencies

hereby certify that this action will not

have a significant impact on a

substantial number of small entities.

Accordingly, a Regula-tory Flexibility

Analysis is not necessary and was not

prepared.

(c) Executive Order 12612 (Federalism

Assessment)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive order

12612, and it has been determined that

this action does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

(d) Paperwork Reduction Act.

This action does not contain a

collection of information requirement

for purposes of the Paperwork

Reduction Act of 1980, 44 U.S.C. 3501

et seq.

(e) National Environmental Policy Act.

The agencies have analyzed this

action for the purpose of the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) and have

determined that implementation of this

action will not have any significant

impact on the quality of the human

environment.

(f) Executive Order 12778 (Civil Justice

Reform)

This amendment to the regulation

does not have any preemptive or

retroactive effect. It imposes no

requirements on the States, but rather

simply removes from the regulation

outdated and obsolete provisions that

no longer apply. The enabling

legislation does not establish a

procedure for judicial review of final

rules promulgated under its provisions.

There is no requirement that individuals

submit a petition for reconsideration or

other administrative proceedings before

they may file suit in court.

Notice and Comment

Because the amendments relate to a

grant program and are therefore not

covered by the Administrative

Procedure Act, and since they merely

contain technical changes that remove

outdated and obsolete provisions from

the regulation and do not impose any

additional requirements, the

amendments are being made without

prior notice and opportunity to

comment.

List of Subjects in 23 CFR Part 1208

Alcohol, Highway Safety.

In accordance with the foregoing, Part

1208 of Title 23 of the Code of Federal

Regulations is amended as follows:
66076 Federal Register / Vol. 60, No. 245 / Thursday, December 21, 1995 / Rules and Regulations

PART 1208—[AMENDED]

1. The authority citation for Part 1208

continues to read as follows:

Authority: 23 U.S.C. 158; delegation of

authority at 49 CFR 1.48 and 1.50.

2. Section 1208.4 is revised to read as

follows:

§ 1208.4 Adoption of National Minimum

Drinking Age.

The Secretary shall withhold ten

percent of the amount required to be

apportioned to any State under each of

§§ 104(b)(1), 104(b)(2), 104(b)(5) and

104(b)(6) of title 23 U.S.C. on the first

day of each fiscal year in which the

purchase or public possession in such

State of any alcoholic beverage by a

person who is less than twenty-one

years of age is lawful.

3. Section 1208.5 is revised to read as

follows:

§ 1208.5 Unavailability of withheld funds.

Funds withheld under § 1208.4 from

apportionment to any State will not be

available for apportionment to the State.

§§ 1208.6—1208.8 [Removed]

4. Sections 1208.6 through 1208.8 are

removed.

§ 1208.9 [Redesignated as § 1208.6]

5. Section 1208.9 is redesignated as

1208.6.

Issued on: December 18, 1995.

Rodney E. Slater,

Administrator, Federal Highway

Administration.

Ricardo Martinez,

Administrator, National Highway Traffic

Safety Administration

[FR Doc. 95–31118 Filed 12–20–95; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8647]

RIN 1545–AS51

Withholding of Tax on Dispositions of

U.S. Real Property Interests by Foreign

Persons

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final

regulations relating to withholding upon

certain distributions or dispositions of

U.S. real property interests. These

regulations reflect changes to the law

made by the Omnibus Budget

Reconciliation Act of 1993 and affect

withholding agents required to withhold

tax due on certain dispositions and

distributions of U.S. real property

interests.

DATES: These final regulations are

effective January 22, 1996. These

regulations are applicable to

transactions occurring after August 9,

1993.

FOR FURTHER INFORMATION CONTACT:

Gwendolyn A. Stanley (202) 622–3860

(not a toll free-call).

SUPPLEMENTARY INFORMATION:

Background

This document contains final

regulations reflecting changes made by

the Omnibus Budget Reconciliation Act

of 1993 to the withholding rates on

certain distributions and dispositions of

U.S. real property interests. These

regulations were not preceded by a

Notice of Proposed Rulemaking because

the withholding rates were changed by

the Act. This document also updates the

address of the Assistant Commissioner

(International) to whom various forms

must be sent.

Explanation of Provisions

The rate of withholding under section

1445(e) (1) and (2) of the Internal

Revenue Code was increased from 34%

to 35% by the Omnibus Budget

Reconciliation Act of 1993. The existing

regulations reflect the prior 34%

withholding rate. These regulations

reflect the increase in withholding to

35% (or the highest rate specified in

section 1445(e) (1) or (2)) for

dispositions occurring on or after

August 10, 1993.

Special Analyses

It has been determined that this

Treasury decision is not a significant

regulatory action as defined in EO

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) and the Regulatory

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

not apply to these regulations, and,

therefore, a Regulatory Flexibility

Analysis is not required. Pursuant to

section 7805(f) of the Internal Revenue

Code, these final regulations were

submitted to the Small Business

Administration for comment on their

impact on small business.

Drafting Information

The principal author of these

regulations is Gwendolyn Stanley,

Office of Associate Chief Counsel

(International), IRS. 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 continues to read in part as

follows:

Section 1.1445–5 also issued under 26

U.S.C. 1445(e)(6).

Section 1.1445–8 also issued under 26

U.S.C. 1445(e)(6). * * *

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

Par. 2. In section 1.1445–1, the

section heading and paragraph (g)(10)

are revised to read as follows:

§ 1.1445–1 Withholding on dispositions of

U.S. real property interests by foreign

persons: In general.

* * * * *

(g) * * *

(10) Address of the Assistant

Commissioner International. Any

written communication directed to the

Assistant Commissioner (International)

is to be addressed as follows: Director,

Philadelphia Service Center; 11601

Roosevelt Blvd.; Philadelphia, PA

19255; ATTN: Drop Point 543X.

Par. 3. Section 1.1445–5 is amended

as follows:

1. Paragraph (c)(1)(ii) is revised.

2. The third sentence and the last

sentence of paragraph (c)(1)(iii)(A) are

revised.

3. Paragraph (c)(1)(iii)(B) is removed.

4. Paragraph (c)(1)(iii)(C) is

redesignated as (c)(1)(iii)(B) and revised.

5. Paragraph (c)(1)(iv) is revised.

6. Paragraph (c)(3)(ii) is revised.

7. The first sentence of paragraph

(d)(1) is revised.

8. The second sentence of paragraph

(d)(1) is removed.

The revisions read as follows:

§ 1.1445–5 Special rules concerning

distributions and other transactions by

corporations, partnerships, trusts, and

estates.

* * * * *

(c)(1) * * *

(ii) Disposition by partnership. A

partnership must withhold a tax equal

to 35 percent (or the highest rate

specified in section 1445(e)(1)) of each

foreign partner’s distributive share of

the gain realized by the partnership

upon the disposition of each U.S. real