Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 8629 

Low altitude RNAV routes are 

published in paragraph 6011 of FAA 

Order 7400.9R signed August 15, 2007 

and effective September 15, 2007, which 

is incorporated by reference in 14 CFR 

71.1. The low altitude RNAV routes 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes RNAV T-Routes in 

Southwest Oregon. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’

paragraph 311a, 311b, and 311k. This 

airspace action is not expected to cause 

any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9R, 

Airspace Designations and Reporting 

Points, signed August 15, 2007 and 

effective September 15, 2007, is 

amended as follows: 

Paragraph 6011 Contiguous United 

States Area Navigation Routes 

* * * * * 

T–274 Newport, OR (OPN) to CRAAF 

[New] 

Newport, OR (ONP) VORTAC 

(Lat. 44°34′31′′ N., long. 124°03′38′′ 

W.) 

CRAAF Fix 

(Lat. 44°45′37′′ N., long. 

123°21′06′′ W.) 

* * * * * 

Issued in Washington, DC, on February 7, 

2008. 

Ellen Crum, 

Acting Manager, Airspace and Rules Group. 

[FR Doc. E8–2759 Filed 2–13–08; 8:45 am] 

BILLING CODE 4910–13–P 

EXECUTIVE OFFICE OF THE 

PRESIDENT 

Office of the United States Trade 

Representative 

15 CFR Part 2004 

Freedom of Information Act 

AGENCY: Office of the United States 

Trade Representative, Executive Office 

of the President. 

ACTION: Proposed rule. 

SUMMARY: The Office of the United 

States Trade Representative (USTR) is 

issuing a proposed rule to update its 

Freedom of Information Act regulations. 

USTR’s last made changes to its FOIA 

regulations in 1975. Since that time the 

information relating to USTR has 

changed and there have been several 

changes to the Freedom of Information 

Act, which needed to be reflected in the 

regulations. 

DATES: Public comments on this 

proposed rule are invited and must be 

received on or before Wednesday, April 

14, 2008. 

ADDRESSES: Comments should be 

submitted electronically to Gloria Blue 

at FR0804@ustr.eop.gov and should 

contain in the subject-line ‘‘Attn: 

Freedom of Information Act Rules’’. 

FOR FURTHER INFORMATION CONTACT: 

David Apol, USTR, telephone (202) 

395–9633, Fax (202) 395–3640. 

SUPPLEMENTARY INFORMATION: USTR last 

made changes to its FOIA regulations in 

1975. 40 FR 30934, July 24, 1975. The 

current regulations are published at 15 

CFR part 2004 and are available on 

USTR’s Web site at http://www.ustr.gov. 

Since that time, pertinent information 

relating to USTR has changed and USTR 

has made changes in the way it 

implements the FOIA. In addition, 

Executive Order 13392 mandated 

changes in federal agency FOIA 

practices to ensure prompt and effective 

response to the public’s requests for 

information. 70 FR 75373, Dec. 19, 

2005. Finally, Public Law 110–175, the 

OPEN Government Act of 2007, 

amended the definition of 

‘‘representative of the news media’’ and 

made other changes to the Freedom of 

Information Act. 

In response to Executive Order 13392, 

USTR created a FOIA plan requiring it 

to revise its FOIA regulations and to 

improve the efficiency of information 

disclosure under the FOIA. The 

proposed rule will update USTR’s FOIA 

regulations to provide current 

information about USTR and will more 

accurately reflect its FOIA practices. 

Further, the proposed rule will also 

bring USTR’s fee structure into 

conformity with the Office of 

Management and Budget’s (OMB’s) 

Uniform Freedom of Information Act 

Fee Schedule and Guidelines, 52 FR 

10012, Mar. 27, 1987. The proposed rule 

also incorporates changes made by the 

OPEN Government Act of 2007. 

Executive Order 12866 

The United States Trade 

Representative certifies that the 

proposed rule is not significant for 

purposes of Executive Order 12866, 58 

FR 51735, Oct. 4, 1993. Therefore, OMB 

has not reviewed the proposed rule 

under that Executive Order. 

Regulatory Flexibility Act 

The United States Trade 

Representative certifies that this 

proposed rule is not subject to the 


ebenthall on PRODPC61 with PROPOSALS
8630 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 

Regulatory Flexibility Act, 5 U.S.C. 601, 

because it will not have a significant 

economic impact on a substantial 

number of small entities. For this 

reason, USTR has not prepared a 

Regulatory Flexibility Statement and 

Analysis. 

Paperwork Reduction Act 

The United States Trade 

Representative certifies that the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., does not apply because the 

proposed rule does not seek to collect 

information. Therefore, it does not 

require OMB approval. 

For the reasons stated in the 

preamble, USTR proposes to revise 15 

CFR Part 2004 as follows: 

PART 2004—FREEDOM OF 

INFORMATION POLICIES AND 

PROCEDURES 

Organization 

Sec. 

2004.1 In general. 

2004.2 Authority and functions. 

2004.3 Organization. 

Procedures 

2004.4 Availability of records. 

2004.5 Accessing records without request. 

2004.6 Requesting records. 

Costs 

2004.7 Definitions. 

2004.8 Fees in general. 

2004.9 Fees for categories of requesters. 

2004.10 Other charges. 

2004.11 Payment and waiver. 

Authority: 5 U.S.C. 552; Uniform Freedom 

of Information Act Fee Schedule and 

Guidelines, 52 FR 10012, Mar. 27, 1987. 

Organization 

§ 2004.1 In general. 

This information is furnished for the 

guidance of the public and in 

compliance with the requirements of the 

Freedom of Information Act, 5 U.S.C. 

552, as amended (FOIA). This regulation 

should be read in conjunction with the 

FOIA. 

§ 2004.2 Authority and functions. 

The Office of the United States Trade 

Representative (USTR) negotiates 

directly with foreign governments to 

conclude trade agreements, resolve 

trade disputes, and participate in global 

trade policy organizations. USTR 

consults with governments, business 

groups, legislators, and public interest 

groups to obtain their views on trade 

issues and explain the President’s trade 

policy positions. The general functions 

of USTR, as provided by statute, are to 

develop and coordinate international 

trade and direct investment policy, 

advise and assist the President, 

represent the United States in 

international trade negotiations, and 

provide policy guidance to federal 

agencies on international trade matters. 

The United States Trade Representative, 

a cabinet officer, serves as a Vice 

Chairman of the Overseas Private 

Investment Corporation, a Board 

member of the Millennium Challenge 

Corporation, a non-voting member of 

the Export-Import Bank, and a member 

of the National Advisory Council on 

International Monetary and Financial 

Policies. 

§ 2004.3 Organization. 

USTR’s main office is located in 

Washington, DC. It also maintains a 

mission in Geneva, Switzerland. 

Procedures 

§ 2004.4 Availability of records. 

USTR’s publicly accessible records 

are available through USTR’s public 

reading room or its Web site. USTR also 

provides records to individual 

requesters in response to FOIA requests. 

USTR generally withholds 

predecisional, deliberative documents 

and classified trade negotiating and 

policy documents under 5 U.S.C. 552(b). 

§ 2004.5 Accessing records without 

request. 

(a) Public reading room. USTR 

maintains and makes available for 

public inspection and copying USTR 

records pertaining to matters within the 

scope of 5 U.S.C. 552(a)(2), as amended. 

Most records in USTR’s public reading 

room comprise responses to Federal 

Register notices that USTR has issued. 

USTR’s public reading room is located 

at 1724 F Street, NW., Washington, DC. 

Access to the reading room is by 

appointment only. Contact USTR’s 

FOIA Officer at (202) 395–6186 to set up 

an appointment. 

(b) Electronic resources. Certain USTR 

records, including press releases and 

other public issuances, are available 

electronically from USTR’s homepage at 

http://www.ustr.gov. USTR encourages 

requesters to visit its Web site before 

making a request for records under 

§ 2004.6. 

§ 2004.6 Requesting records. 

(a) Written requests required. For 

records not available as described under 

§ 2004.5, requesters wishing to obtain 

information from USTR must submit a 

written request to USTR’s FOIA Officer. 

Requests should be addressed to FOIA 

Officer, Office of the United States 

Trade Representative, 600 17th Street 

NW., Washington, DC 20508. As there 

may be delays in mail delivery, it is 

advisable to send request via facsimile 

to (202) 395–9458. 

(b) Contents of requests. Requests 

shall be as specific as possible and shall 

reasonably describe the records sought 

so that the records can be located with 

a reasonable amount of effort. The 

request should identify the desired 

record or reasonably describe it and 

should include information such as the 

date, title or name, author, recipient, 

and subject matter of the record. 

(c) Response to requests—(1) 

Processing. The FOIA Officer shall 

ordinarily determine within 20 days 

(except Saturdays, Sundays, and federal 

holidays) after receiving a request for 

records, whether it is appropriate to 

grant or deny the request. The 20-day 

period may be tolled one time if the 

FOIA Officer requests information from 

the requestor or if additional time is 

necessary to clarify issues with the 

requestor regarding a fee assessment. 

(i) Request granted. If the FOIA 

Officer decides to grant the request, the 

FOIA Officer shall promptly provide the 

requester written notice of the decision. 

The FOIA Officer shall normally 

include with the notice both the 

requested records and a copy of the 

decision. 

(ii) Request denied. If the FOIA 

Officer denies the request, in full or 

part, the FOIA Officer shall provide the 

requester written notice of the denial 

together with the approximate number 

of pages of information withheld and 

the exemption under which the 

information was withheld. The notice 

shall also describe the procedure for 

filing an appeal. 

(2)(i) Expedited processing. At the 

time a requester submits an initial 

request for records the requester may 

ask the FOIA Officer in writing to 

expedite processing of the request. The 

request for expedited processing must 

be accompanied by a written statement, 

true and correct to the best of the 

requester’s knowledge and belief, 

explaining why expedited processing is 

warranted. The FOIA Officer shall 

generally grant requests for expedited 

processing of requests for records, and 

appeals of denials under paragraph 

(d)(2) of this section, whenever the 

FOIA Officer determines that: 

(A) Failure to obtain the requested 

records on an expedited basis could 

reasonably pose an imminent threat to 

a person’s life or physical safety; or 

(B) With respect to a request made by 

a person primarily engaged in 

disseminating information, there is an 

urgency to inform the public about 

government activity that is the specific 

subject of the FOIA request. 


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Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 8631 

(ii) The FOIA Officer shall ordinarily 

decide within ten days after receiving a 

request for expedited processing 

whether to grant it and shall notify the 

requester of the decision. If the FOIA 

Officer grants a request for expedited 

processing, the FOIA Officer shall 

process the request as soon as 

practicable. If the FOIA Officer denies a 

request for expedited processing, USTR 

shall act expeditiously on any appeal of 

the denial. 

(3) Extension for unusual 

circumstances—(i) In general. If the 

FOIA Officer determines that unusual 

circumstances exist, the FOIA Officer 

may extend for no more than ten days 

(except Saturdays, Sundays, and federal 

holidays) the time limits described in 

paragraph (1) of this section by 

providing written notice of the 

extension to the requester. The FOIA 

Officer shall include with the notice a 

brief statement of the reason for the 

extension and the date the FOIA Officer 

expects to make the determination. 

(ii) Additional procedures. The FOIA 

Officer shall provide written notice to 

the requester if the FOIA Officer decides 

that the determination cannot be made 

within the time limit described in 

subparagraph (i). The notice shall afford 

the requester an opportunity to limit the 

scope of the request to the extent 

necessary for the FOIA Officer to 

process it within that time limit or an 

opportunity to arrange a longer period 

for processing the request. 

(d) Appeals—(1) Initiating appeals. 

Requesters not satisfied with the FOIA 

Officer’s written decision may request 

USTR’s FOIA Appeals Committee to 

review the decision. Appeals must be 

delivered in writing within 60 days of 

the date of the decision and shall be 

addressed to the FOIA Appeals 

Committee, Office of the United States 

Trade Representative, 600 17th Street, 

NW., Washington, DC 20508. As there 

may be delays in mail delivery, it is 

advisable to FAX appeals to (202) 395–

9458. An appeal shall include a 

statement specifying the records that are 

the subject of the appeal and explaining 

why the Committee should sustain the 

appeal. 

(2) Appeal decisions. The Committee 

shall ordinarily decide the appeal 

within 20 working days from the date it 

receives the appeal. If the Committee 

denies the appeal in full or part, the 

Committee shall promptly notify the 

requester in writing of the Committee’s 

decision and the provisions for judicial 

review. If the Committee sustains the 

appeal, the FOIA Officer shall notify the 

requester in writing and shall make 

available to the requester copies of the 

releasable records once the requester 

pays any fees that USTR assesses under 

§§ 2004.8 through 2004.10. 

Costs 

§ 2004.7 Definitions. 

For purposes of these regulations: 

(a) ‘‘Commercial use request’’ means a 

request from or on behalf of a person 

who seeks information for a use or 

purpose that furthers the requester’s or 

other person’s commercial, trade, or 

profit interests. 

(b) ‘‘Direct costs’’ means those costs 

incurred in searching for and 

duplicating (and, in the case of 

commercial use requests, reviewing) 

documents to respond to a FOIA 

request. Direct costs include, for 

example, salaries of employees who 

perform the work and costs of 

conducting large-scale computer 

searches. 

(c) ‘‘Duplicate’’ means to copy records 

to respond to a FOIA request. Copies 

can take the form of paper, audio-visual 

materials, or electronic records, among 

others. 

(d) ‘‘Educational institution’’ means a 

preschool, a public or private 

elementary or secondary school, an 

institution of graduate higher education, 

an institution of undergraduate higher 

education, an institution of professional 

education, and an institution of 

vocational education, that operates a 

program or programs of scholarly 

research. 

(e) ‘‘Non-commercial scientific 

institution’’ means an institution that is 

not operated on a commercial basis and 

that operates solely for the purpose of 

conducting scientific research the 

results of which are not intended to 

promote any particular product or 

industry. 

(f) ‘‘Representative of the news 

media’’ means any person or entity that 

gathers information of potential interest 

to a segment of the public, uses its 

editorial skills to turn the raw materials 

into a distinct work, and distributes that 

work to an audience. 

(g) ‘‘Review’’ means to examine a 

record to determine whether any 

portion of the record may be withheld 

and to process a record for disclosure, 

including by redacting it. 

(h) ‘‘Search for’’ means look for and 

retrieve records covered by a FOIA 

request, including by looking page-bypage or line-by-line to identify 

responsive material within individual 

records. 

§ 2004.8 Fees in general. 

USTR shall charge fees that recoup 

the full allowable direct costs it incurs 

in responding to FOIA requests. USTR 

may assess charges for time spent 

searching for records even if USTR fails 

to locate the records or if the records are 

located and determined to be exempt 

from disclosure. In general, USTR shall 

apply the following fee schedule, 

subject to §§ 2004.9 through 2004.11: 

(a) Manual searches. Time devoted to 

manual searches shall be charged on the 

basis of the salary of the employee(s) 

conducting the search (basic hourly 

rate(s) of pay for the employee(s), plus 

16 percent). 

(b) Electronic searches. Fees shall 

reflect the direct cost of conducting the 

search. This will include the cost of 

operating the central processing unit for 

that portion of operating time that is 

directly attributable to searching for and 

printing records responsive to the FOIA 

request and operator/programmer salary 

attributable to the search. 

(c) Record reviews. Time devoted to 

reviewing records shall be charged on 

the same basis as under paragraph (a) of 

this section, but shall only be applicable 

to the initial review of records located 

in response to commercial use requests. 

(d) Duplication. Fees for copying 

paper records or for printing electronic 

records shall be assessed at a rate of $.15 

per page. For other types of copies such 

as disks or audio visual tapes, USTR 

shall charge the direct cost of producing 

the document(s). If duplication charges 

are expected to exceed $25, the FOIA 

Officer shall notify the requester, unless 

the requester has indicated in advance 

a willingness to pay fees as high as 

those anticipated. If a requester wishes 

to limit costs, the FOIA Officer shall 

provide the requester an opportunity to 

reformulate the request in order to 

reduce costs. If the requester 

reformulates a request, it shall be 

considered a new request and the 20- 

day period described in § 2004.6(c)(1) 

shall be deemed to begin when the 

FOIA Officer receives the request. 

(e) Advance payments required. The 

FOIA Officer may require a requester to 

make an advance deposit of up to the 

amount of the entire anticipated fee 

before the FOIA Officer begins to 

process the request if: 

(1) The FOIA Officer estimates that 

the fee will exceed $250; or 

(2) The requester has previously failed 

to pay a fee in a timely fashion. 

When the FOIA Officer requires a 

requester to make an advance payment, 

the 20-day period described in 

§ 2004.6(c)(1) shall begin when the 

FOIA Officer receives the payment. 

(f) No assessment of fee. USTR shall 

not charge a fee to any requester if: 

(1) The cost of collecting the fee 

would be equal to or greater than the fee 

itself; or 


ebenthall on PRODPC61 with PROPOSALS
8632 Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Proposed Rules 

(2) After December 31, 2008, USTR 

fails to comply with any time limit 

under the Freedom of Information Act 

for responding to a request for records 

where no unusual or exceptional 

circumstances apply. 

§ 2004.9 Fees for categories of requesters. 

USTR shall assess fees for certain 

categories of requesters as follows: 

(a) Commercial use requesters. In 

responding to commercial use requests, 

USTR shall assess fees that recover the 

full direct costs of searching for, 

reviewing, and duplicating records. 

(b) Educational institutions. USTR 

shall provide records to requesters in 

this category for the cost of duplication 

alone, excluding charges for the first 100 

pages. To qualify for inclusion in this 

fee category, a requester must show that 

the request is authorized by and is made 

under the auspices of a qualifying 

institution and that the records are 

sought to further scholarly research, not 

an individual goal. 

(c) Representatives of the news media. 

USTR shall provide records to 

requesters in this category for the cost 

of duplication alone, excluding charges 

for the first 100 pages. 

(d) All other requesters. USTR shall 

charge requesters who do not fall within 

paragraphs (a) through (c) of this section 

fees that recover the full direct cost of 

searching for and duplicating records, 

excluding charges for the first 100 pages 

of reproduction and the first two hours 

of search time. 

§ 2004.10 Other charges. 

USTR may apply other charges, 

including the following: 

(a) Special charges. USTR shall 

recover the full cost of providing special 

services, such as sending records by 

express mail, to the extent that USTR 

elects to provide them. 

(b) Interest charges. USTR may begin 

assessing interest charges on an unpaid 

bill starting on the 31st day following 

the day on which the FOIA Officer sent 

the billing. Interest shall be charged at 

the rate prescribed in 31 U.S.C. 3717 

and will accrue from the date of billing. 

(c) Aggregating requests. When the 

FOIA Officer reasonably believes that a 

requester or a group of requesters acting 

in concert is attempting to divide a 

request into a series of requests for the 

purpose of avoiding fees, the FOIA 

Officer shall aggregate those requests 

and charge accordingly. 

§ 2004.11 Payment and waiver. 

(a) Remittances. Payment shall be 

made in the form of check or money 

order made payable to the Treasury of 

the United States. At the time the FOIA 

Officer notifies a requester of the 

applicable fees, the Officer shall inform 

the requester of where to send the 

payment. 

(b) Waiver. USTR may waive all or 

part of any fee provided for in §§ 2004.8 

through 2004.9 when the FOIA Officer 

deems that disclosure of the information 

is in the general public’s interest 

because it is likely to contribute 

significantly to public understanding of 

the operations or activities of the 

government and is not primarily in the 

commercial interest of the requester. In 

determining whether a fee should be 

waived, the FOIA Officer may consider 

whether: 

(1) The subject matter specifically 

concerns identifiable operations or 

activities of the government; 

(2) The information is already in the 

public domain; 

(3) Disclosure of the information 

would contribute to the understanding 

of the public-at-large as opposed to a 

narrow segment of the population; 

(4) Disclosure of the information 

would significantly enhance the 

public’s understanding of the subject 

matter; 

(5) Disclosure of the information 

would further a commercial interest of 

the requester; and 

(6) The public’s interest is greater 

than any commercial interest of the 

requester. 

Dated: January 31, 2008. 

Ambassador Susan C. Schwab, 

United States Trade Representative. 

[FR Doc. E8–2254 Filed 2–13–08; 8:45 am] 

BILLING CODE 3190–W8–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 702 

[REG–149475–07] 

RIN 1545–BH36 

Payments From the Presidential 

Primary Matching Payment Account 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations. 

SUMMARY: In the Rules and Regulations 

section of this issue of the Federal 

Register, the IRS is issuing temporary 

regulations under Part 702, Presidential 

Primary Matching Payment Account, of 

title 26 of the CFR, relating to the 

financing of presidential primary 

campaigns. The temporary regulations 

amend Treasury procedures for making 

payments from the Presidential Primary 

Matching Payment Account (Primary 

Account) to eligible primary candidates. 

The text of those regulations also serves 

as the text for these proposed 

regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by May 14, 2008. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–149475–07), room 

5203, Internal Revenue Service, PO Box 

7604, Ben Franklin Station, Washington, 

DC 20044. Submissions may be hand 

delivered Monday through Friday 

between the hours of 8 a.m. and 4 p.m. 

to CC:PA:LPD:PR (REG–149475–07), 

Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC. Alternatively, 

taxpayers may submit comments 

electronically via the Federal 

eRulemaking Portal at 

www.regulations.gov (IRS REG–149475–

07). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Karla M. Meola, (202) 622–4930 (not a 

toll-free number); concerning the 

submission of comments and/or to 

request a public hearing, 

Oluwafunmilayo Taylor of the 

Publications and Regulation Branch at 

(202) 622–7180 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

Temporary regulations in the Rules 

and Regulations section of this issue of 

the Federal Register amend 26 CFR part 

702 relating to section 9037 of the 

Internal Revenue Code (Code). The 

temporary regulations authorize the 

Treasury Department to devise 

procedures that ensure payments from 

the Primary Account are made promptly 

to eligible primary candidates. The text 

of the temporary regulations also serves 

as the text for these proposed 

regulations. The preamble to the 

temporary regulations explains the 

amendment. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking 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 

regulation does not impose a collection 

of information on small entities, the 


ebenthall on PRODPC61 with PROPOSALS