54946 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

regarding certain changes made to the 

rules governing S corporations under 

the American Jobs Creation Act of 2004 

and the Gulf Opportunity Zone Act of 

2005. The final regulations replace 

obsolete references in the current 

regulations and allow taxpayers to make 

proper use of the provisions that made 

changes to prior law. The final 

regulations include guidance on the S 

corporation family shareholder rules, 

the definitions of ‘‘powers of 

appointment’’ and ‘‘potential current 

beneficiaries’’ (PCBs) with regard to 

electing small business trusts (ESBTs), 

the allowance of suspended losses to the 

spouse or former spouse of an S 

corporation shareholder, and relief for 

inadvertently terminated or invalid 

qualified subchapter S subsidiary 

(QSub) elections. The final regulations 

affect S corporations and their 

shareholders. 

DATES: The correction is effective 

September 24, 2008, and is applicable 

on August 14, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Charles J. Langley, Jr., (202) 622–3060, 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9422) that 

are the subject of this correction are 

under sections 1361, 1362, and 1366 of 

the Internal Revenue Code. 

Need for Correction 

As published, the final regulations 

(TD 9422) contain an error that may 

prove to be misleading and is in need 

of clarification. 

Correction of Publication 

Accordingly, the publication of the 

final regulations (TD 9422), which was 

the subject of FR Doc. E8–18782, is 

corrected as follows: 

On page 47527, column 3, in the 

preamble, under the paragraph heading 

‘‘Drafting Information’’, line 2, the 

language ‘‘proposed regulations is 

Charles J.’’ is corrected to read 

‘‘regulations is Charles J.’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E8-22381 Filed 9–23–08; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[Docket No. ENRD 100; AG Order No. 3001– 

2008] 

Authority To Compromise Civil Claims 

Under the Comprehensive 

Environmental Response, 

Compensation and Liability Act and To 

Make an Administrative Change to the 

Code of Federal Regulations 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule amends our 

regulations to reflect the name of the 

Environment and Natural Resources 

Division, which was formerly known as 

the Land and Natural Resources 

Division. The Department of Justice 

officially changed the name of the 

Division in the early 1990s, but all of 

the pertinent parts of part 0 were not 

amended accordingly. 

This order further amends our 

regulations to authorize the Assistant 

Attorney General for the Environment 

and Natural Resources Division to 

approve certain settlements under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA). 

DATES: Effective Date: September 24, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Bruce S. Gelber, Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division, Department 

of Justice, P.O. Box 7611, Washington, 

DC 20044–7611 (202–514–4624). 

SUPPLEMENTARY INFORMATION: In subpart 

Y of 28 CFR part 0, the Attorney General 

has delegated to the various Assistant 

Attorneys General certain of his 

authority to compromise and close civil 

claims. Section 0.160(a)(1) authorizes 

the various Assistant Attorneys General 

to ‘‘[a]ccept offers in compromise of 

claims asserted by the United States in 

all cases in which the difference 

between the gross amount of the original 

claim and the proposed settlement does 

not exceed $2,000,000 or 15 percent of 

the original claim, whichever is 

greater.’’ 

Administrative Changes 

In the early 1990s, the name of the 

Land and Natural Resources Division 

was changed to the Environment and 

Natural Resources Division to better 

reflect the broader responsibilities of the 

Division since its inception in 1909. The 

administrative change in this rule 

corrects the name of the Division 

throughout part 0, where the former 

name remains. 

Changes to Section 0.160 

CERCLA was enacted in 1980 in 

response to the discovery of significant 

human health hazards at a number of 

sites where hazardous wastes had been 

dumped or buried. Public Law 96–510 

(42 U.S.C. 9601, et seq.). The law 

created a ‘‘Superfund’’ to help pay the 

costs of investigating and cleaning up 

these sites, 26 U.S.C. 9507, and also 

imposed liability for the costs of 

cleanup on the parties who were 

responsible for creating these sites, 42 

U.S.C. 9607(a). These parties (referred to 

collectively as ‘‘potentially responsible 

parties’’) include: The current owners 

and operators of a facility from which 

there is a release or threatened release 

of a hazardous substance into the 

environment; those who owned or 

operated the facility at the time 

hazardous substances were disposed of 

at that facility; those who generated the 

hazardous substances and arranged for 

their treatment or disposal by a third 

party; and those who transported the 

hazardous substances for treatment or 

disposal, if they selected the site. 42 

U.S.C. 9607(a). 

While the courts have agreed 

uniformly that liability under CERCLA 

is joint and several when the harm at 

the site is indivisible, 42 U.S.C. 9613(f) 

provides for the equitable allocation of 

response costs among the jointly and 

severally liable parties. A single case 

under CERCLA can involve numerous 

(sometimes hundreds of) separate 

responsible parties whose liability can 

be equitably allocated or determined to 

be de minimis for purposes of reaching 

a settlement of their liability. Indeed, 

Congress encourages the Environmental 

Protection Agency to reach expedited 

settlements with de minimis parties. 42 

U.S.C. 9622(g). However, based on the 

total claim at the site, some of these 

settlements will result in differences 

between the original claim and the 

proposed settlement that are greater 

than $2 million (or 15 percent of the 

original claim). Many settlements are 

made with parties who do not have the 

financial ability to pay the equitable 

allocated amount. Some non-de minimis 

settlements result in compromises of 

our original claim as a result of the 

responsible party’s ability to pay. These 

types of settlements with individual 

parties are common in multi-party 

CERCLA litigation and seldom raise 

issues significant enough to warrant 

Associate Attorney General review. In 

order to increase efficiency in the 

approval process, this rule amends 

Section 0.160 of Subpart Y to authorize 

the Assistant Attorney General, 

Environment and Natural Resources 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 54947 

Division, to approve these kinds of 

partial CERCLA settlements. 

Administrative Procedure Act 

This rule is a rule of agency 

organization and procedure, and relates 

to the internal management of the 

Department of Justice. It is therefore 

exempt from the requirements of notice 

and comments and a delayed effective 

date. 5 U.S.C. 553(b), (d). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this 

regulation and by approving it certifies 

that this regulation will not have a 

significant economic impact on a 

substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis was not required to 

be prepared for this final rule since the 

Department was not required to publish 

a general notice of proposed rulemaking 

for this matter. 

Executive Order 12866—Regulatory 

Planning and Review 

This action has been drafted and 

reviewed in accordance with Executive 

Order 12866, Regulatory Planning and 

Review, § 1(b), Principles of Regulation. 

This rule is limited to agency 

organization, management and 

personnel as described by Executive 

Order 12866 § 3(d)(3) and, therefore, is 

not a ‘‘regulation’’ or ‘‘rule’’ as defined 

by this Executive Order. Accordingly, 

this action has not been reviewed by the 

Office of Management and Budget. 

Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Executive Order 13132—Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by state, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This action pertains to agency 

management, personnel and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 0 

Authority delegations (government 

agencies), Government employees, 

Organization and functions (government 

agencies), Whistleblowing. 

■ For the reasons set forth in the 

preamble, Part 0 of Title 28, Code of 

Federal Regulations is amended to read 

as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for Part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. In 28 CFR part 0, remove the words 

‘‘Land and Natural Resources Division’’ 

and add, in their place, the words 

‘‘Environment and Natural Resources 

Division’’ in the following places: 

■ a. Section 0.45(a), (b) and (g); 

■ b. Subpart L, consisting of §§ 0.65 

through 0.69c. 

■ c. Section 0.175(b); and 

■ d. Subpart Y, consisting of § 0.160 

through the Appendix to Subpart Y of 

Part 0. 

■ 3. Section 0.160 is amended by 

revising paragraphs (a) introductory text 

and (b), redesignating paragraph (c) as 

paragraph (d), and adding new 

paragraph (c) to read as follows: 

§ 0.160 Offers that may be accepted by 

Assistant Attorneys General. 

(a) Subject to the limitations set forth 

in paragraph (d) of this section, 

Assistant Attorneys General are 

authorized, with respect to matters 

assigned to their respective divisions, 

to: 

* * * * * 

(b) Subject to the limitations set forth 

in paragraph (d) of this section, the 

Assistant Attorney General, Tax 

Division, is further authorized to accept 

offers in compromise of, or settle 

administratively, claims against the 

United States, regardless of the amount 

of the proposed settlement, in all cases 

in which the Joint Committee on 

Taxation has indicated that it has no 

adverse criticism of the proposed 

settlement. 

(c) Subject to the limitations set forth 

in paragraph (d) of this section, the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, is further authorized to 

approve settlements under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act, 42 U.S.C. 9601 et seq., regardless of 

the amount of the proposed settlement, 

with: 

(1) Parties whose contribution to 

contamination at a hazardous waste site 

is de minimis within the meaning of 42 

U.S.C. 9622(g); or 

(2) Parties whose responsibility can be 

equitably allocated and are: 

(A) Paying at least the allocated 

amount; or 

(B) Unable to pay the allocated 

amount as confirmed by a qualified 

financial expert. 

* * * * * 

Dated: September 16, 2008. 

Michael B. Mukasey, 

Attorney General. 

[FR Doc. E8–22354 Filed 9–23–08; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–0761] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; St. Leonard Creek, Patuxent 

River, Calvert County, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘War of 1812 North 

American Grand Tactical’’, a marine 

event to be held September 21, 2008 on 

the waters of St. Leonard Creek and 

Patuxent River, Calvert County, MD. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to temporarily 


rwilkins on PROD1PC63 with RULES