8 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

(v) Any other information required by

Form 8300 or its instructions.

(3) Manner of reporting—(i) Where to

file. Returns required by this section

must be filed with the Internal Revenue

Service office designated in the

instructions for Form 8300. A copy of

the information return required to be

filed under this section must be retained

for five years from the date of filing.

(ii) Verification of identity. A clerk

required to make an information return

under this section must, in accordance

with § 1.6050I–1(e)(3)(ii), verify the

identity of each payor of bail listed in

the return.

(d) Requirement to furnish

statements—(1) Information to Federal

prosecutors—(i) In general. A clerk

required to make an information return

under this section must furnish a

written statement to the United States

Attorney for the jurisdiction in which

the individual charged with the

specified crime resides and the United

States Attorney for the jurisdiction in

which the specified criminal offense

occurred (applicable United States

Attorney(s)). The written statement

must be filed with the applicable United

States Attorney(s) by the 15th day after

the date the cash bail is received.

(ii) Form of statement. The written

statement must include the information

required by paragraph (c)(2) of this

section. The requirement of this

paragraph (d)(1)(ii) will be satisfied if

the clerk provides to the applicable

United States Attorney(s) a copy of the

Form 8300 that is filed with the Internal

Revenue Service pursuant to this

section.

(2) Information to payors of bail—(i)

In general. A clerk required to make an

information return under this section

must furnish a written statement to each

payor of bail whose name is set forth in

a return required by this section. A

statement required under this paragraph

(d)(2) must be furnished to a payor of

bail on or before January 31 of the year

following the calendar year in which the

cash is received. A statement will be

considered furnished to a payor of bail

if it is mailed to the payor’s last known

address.

(ii) Form of statement. The statement

required by this paragraph (d)(2) need

not follow any particular format, but

must contain the following

information—

(A) The name and address of the

clerk’s office making the return;

(B) The aggregate amount of

reportable cash received during the

calendar year by the clerk who made the

information return required by this

section in all cash transactions relating

to the payor of bail; and

(C) A legend stating that the

information contained in the statement

has been reported to the Internal

Revenue Service and the applicable

United States Attorney(s).

(iii) Aggregate amount. The

requirement of furnishing the aggregate

amount in paragraph (d)(2)(ii)(B) of this

section will be satisfied if the clerk

provides to the payor of bail either a

single written statement listing the

aggregate amount, or a copy of each

Form 8300 relating to that payor of bail.

(e) Cross-reference to penalty

provisions. See sections 6721 through

6724 for penalties relating to the failure

to comply with the provisions of this

section.

(f) Effective date. This section applies

to cash received by court clerks on or

after February 13, 1995.

PART 602—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

Par. 4. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

§ 602.101 [Amended]

Par. 5. In § 602.101, paragraph (c) is

amended by removing the entry

‘‘1.6050I–2T’’ from the table and adding

the entry ‘‘1.6050I–2 ......1545–1449’’ in

numerical order in the table.

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved: December 12, 1995.

Leslie Samuels,

Assistant Secretary of the Treasury.

[FR Doc. 95–31459 Filed 12–29–95; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Subchapter D and Part 81

[CGD 95–053]

RIN 2115–AF16

Removal of 72 COLREGS Text From

CFR and Revision of Subchapter D

Note

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

SUMMARY: In furtherance of the

President’s Regulatory Reinvention

Initiative by this direct final rule, the

Coast Guard is removing the text of the

International Regulations for Preventing

Collisions at Sea, 1972 (72 COLREGS)

from the CFR. That text merely

duplicates text found in the United

States Code. This rule also will update

the note containing a list of U.S.

territories and possessions where the 72

COLREGS apply. This rulemaking

represents the Coast Guard’s first use of

direct final rulemaking as recommended

to agencies by the National Performance

Review.

DATES: This rule is effective on April 1,

1996, unless the Coast Guard receives

written adverse comments or written

notice of intent to submit adverse

comments on or before March 4, 1996.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 95–053),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Diane Schneider Appleby, Project

Manager, at (202) 267–0352.

SUPPLEMENTARY INFORMATION:

Request for Comments

Any comments must identify the

names and address of the person

submitting the comment, specify the

rulemaking docket (CGD 95–053) and

the specific section of this rule to which

each comment applies, and give the

reason for each specific comment.

Please submit two copies of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct

final rule, the procedures of which are

outlined in 33 CFR 1.05–55, because no

adverse comments are anticipated. If no

adverse comments or any written notice

of intent to submit adverse comments

are received within the specified

comment period, the rule will become

effective as stated in the DATES section.

In that case, prior to the effective date,

the Coast Guard will publish a notice in

the Federal Register stating that no

adverse comment was received and

confirming that the rule will become
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 9

effective as scheduled. However, if the

Coast Guard receives written adverse

comment or written notice of intent to

submit adverse comment, the Coast

Guard will publish a notice in the

Federal Register to announce

withdrawal of all or part of the direct

final rule. If adverse comments apply to

only part of this rule, and it is possible

to remove that part without defeating

the purpose of the rule, the Coast Guard

may adopt as final those parts of this

rule on which no adverse comment

were received. The part of the rule that

is the subject of adverse comment will

be withdrawn. If the Coast Guard

decides to proceed with a rulemaking

following receipt of adverse comments,

a separate Notice of Proposed

Rulemaking (NPRM) will be published

and a new opportunity for comment

provided.

A comment is considered ‘‘adverse’’ if

the comment explains why the rule

would be inappropriate, including a

challenge to the rule’s underlying

premise or approach or would be

ineffective or unacceptable without a

change. A comment submitted in

support of a rule is not adverse. A

comment suggesting that the policy

requirements of the rule should or

should not be extended to other Coast

Guard programs is outside the scope of

the rule and is not adverse.

Background and Purpose

This project resulted from a review of

the Code of Federal Regulations (CFR)

required by the Presidential Regulatory

Reinvention Initiative review to rid the

CFR of unnecessary regulations. This

rule will remove Appendix A or Part 81

of 33 CFR which reprints the text of the

International Regulations for Preventing

Collisions at Sea, 1972 (72 COLREGS)

published at 33 U.S.C. § 1602. The 72

COLREGS implement the Convention

on the International Regulations for

Preventing Collisions at Sea, 1972

which was adopted by Presidential

Proclamation in 1972. The text in the

CFR which will be eliminated by this

rule exactly duplicates the text set out

in the United States Code. Therefore,

the Coast Guard believes that it is both

unnecessary for the text to be reprinted

in the Code of Federal Regulations.

Additionally, the practical effect of this

elimination should be minimal as the

text of the 72 COLREGS is also reprinted

in Commandant Instruction

(COMDTINST M16672.2B) which is

available to the public through the

Government Printing Office. Since these

laws are available in the United States

Code (U.S.C.) and can be acquired

through the Government Printing Office,

the Coast Guard has determined that

Appendix A should be eliminated as

unnecessary.

Additionally, the list of U.S.

territories where the 72 COLREGS

apply, contained in the special note to

Subchapter D in 33 CFR, is being

updated to remove the Trust Territory of

the Pacific Islands. This is an

administrative update being made

because the Trust Territory of the

Pacific Islands is no longer a U.S.

territory.

The Coast Guard is retaining in 33

CFR the interpretative rulings regarding

the 72 COLREGS as well as the

demarcation lines delineating the

boundaries where the 72 COLREGS

apply.

Regulatory Evaluation

This rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The Coast Guard determined that a full

Regulatory Evaluation was unnecessary

because this rule is simply an

administrative action eliminating

unnecessary text from the CFR and will

have no significant impact on the

maritime community.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

This project will not impose any cost

on the marine industry. Mariners have

easy access to these laws through Coast

Guard publications which are available

from the Government Printing Office as

well as through the United States Code.

This change will serve an indirect

benefit to the Federal Government by

saving the cost of printing seventeen

pages in the Code of Federal

Regulations.

Therefore, the Coast Guard finds that

this rule will not have a significant

economic impact on a substantial

number of small entities. Any comments

submitted in response to this finding

will be evaluated under the criteria

described earlier in the preamble for

comments.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph

2.B.2.e(34)(a) of The NEPA

Implementing Procedures, COMDTINST

M16475.1B. (as revised by 59 FR 38654,

July 29, 1994), this rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 81

Navigation (water), Reporting and

recordkeeping requirements, Treaties.

For the reasons set out in the

preamble and under the authority of 33

U.S.C. 1602, the Coast Guard amends 33

CFR chapter 1 and part 81 as follows:

Subchapter D [Amended]

1. The special note at the beginning of

subchapter D is amended by removing

‘‘The Trust Territory of the Pacific

Islands’’ from the listing in paragraph a.

PART 81—[AMENDED]

2. The authority for part 81 continues

to read as follows:

Authority: 33 U.S.C. 1607; E.O. No. 11964;

44 CFR 1.46.

3. Appendix A to part 81 is removed.

Dated: December 22, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–31522 Filed 12–29–95; 8:45 am]

BILLING CODE 4910–14–M