77388 Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Rules and Regulations 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 860 is 

amended as follows: 

PART 860—MEDICAL DEVICE 

CLASSIFICATION PROCEDURES 

■ 1. The authority citation for 21 CFR 

part 860 continues to read as follows: 

Authority: 21 U.S.C. 360c, 360d, 360e, 

360i, 360j, 371, 374. 

■ 2. Revise § 860.123(b)(1) to read as 

follows: 

§ 860.123 Reclassification petition: 

Content and form. 

* * * * * 

(b) * * * 

(1) For devices regulated by the 

Center for Devices and Radiological 

Health, addressed to the Food and Drug 

Administration, Center for Devices and 

Radiological Health, Regulations Staff, 

10903 New Hampshire Ave., Bldg. 66, 

Rm. 4438, Silver Spring, MD 20993– 

0002; for devices regulated by the 

Center for Biologics Evaluation and 

Research, addressed to the Food and 

Drug Administration, Center for 

Biologics Evaluation and Research, 

Document Control Center, 10903 New 

Hampshire Ave., Bldg. 71, Rm. G112, 

Silver Spring, MD 20993–0002; for 

devices regulated by the Center for Drug 

Evaluation and Research, addressed to 

the Food and Drug Administration, 

Center for Drug Evaluation and 

Research, Central Document Control 

Room, 5901–B Ammendale Rd., 

Beltsville, MD 20705–1266, as 

applicable. 

* * * * * 

Dated: December 18, 2014. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2014–30141 Filed 12–23–14; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9707] 

RIN 1545–BM08 

Filing of Form 5472 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations concerning the manner of 

filing Form 5472, ‘‘Information Return 

of a 25% Foreign-Owned U.S. 

Corporation or a Foreign Corporation 

Engaged in a U.S. Trade or Business.’’ 

The final regulations affect certain 25- 

percent foreign-owned domestic 

corporations and certain foreign 

corporations that are engaged in a trade 

or business in the United States that are 

required to file Form 5472. 

DATES: Effective date: These regulations 

are effective on December 24, 2014. 

Applicability date: For dates of 

applicability, see §§ 1.6038A–1(n)(2) 

and (n)(3) and 1.6038A–2(g). 

FOR FURTHER INFORMATION CONTACT: 

Anand Desai at (202) 317–6939 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

On June 6, 2014, the Department of 

the Treasury (Treasury Department) and 

the IRS published a notice of proposed 

rulemaking (REG–114942–14) in the 

Federal Register (79 FR 32687, 2014–26 

IRB 1117) under sections 6038A and 

6038C of the Internal Revenue Code 

(Code) (proposed regulations). The 

proposed regulations proposed 

removing a provision for timely filing 

Form 5472 separately from an income 

tax return that is untimely filed 

(‘‘untimely filed return provision’’). As 

a result, Form 5472 would be required 

to be filed in all cases only with the 

filer’s income tax return for the taxable 

year by the due date (including 

extensions) of that return. No public 

hearing was requested or held. The 

Treasury Department and the IRS 

received two written comments on the 

proposed regulations, which are 

available at www.regulations.gov. After 

consideration of the comments, this 

Treasury decision adopts the proposed 

regulations, without substantive change, 

as final regulations. 

Summary of Comments 

One comment recommended that the 

‘‘untimely filed return provision’’ be 

retained because the IRS may not timely 

receive the information required by 

Form 5472 if the untimely filed return 

provision is removed. The comment 

also recommended conforming changes 

to permit the filing of Form 5471, 

‘‘Information Return of U.S. Persons 

With Respect to Certain Foreign 

Corporations,’’ and Form 8865, ‘‘Return 

of U.S. Persons With Respect to Certain 

Foreign Partnerships,’’ separately from 

an income tax return that is untimely 

filed. 

The Treasury Department and the IRS 

decline to adopt this comment. The 

Treasury Department and the IRS have 

determined that tax administration 

generally is more efficient when forms 

(for example, Form 5471, Form 5472, 

and Form 8865) are filed with the filer’s 

timely filed income tax return. 

The second comment addressed 

issues unrelated to the proposed 

regulatory change. The final regulations 

do not incorporate the suggestions 

contained in this comment, which are 

outside the scope of the proposed 

regulations. 

Special Analyses 

It has been determined that these 

regulations are not a significant 

regulatory action as defined in 

Executive Order 12866, as 

supplemented by Executive Order 

13563. 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 regulations 

do not impose a collection of 

information, the Regulatory Flexibility 

Act (5 U.S.C. chapter 6) does not apply. 

Pursuant to section 7805(f) of the Code, 

the notice of proposed rulemaking 

preceding this regulation was submitted 

to the Chief Counsel for Advocacy of the 

Small Business Administration for 

comment on its impact on small 

business. 

Drafting Information 

The principal author of these 

regulations is Anand Desai, Office of 

Associate Chief Counsel (International). 

However, other personnel from the 

Treasury Department and the IRS 

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: 

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

■ Par. 2. Section 1.6038A–1 is amended 

by revising the third sentence of, and 

adding a new fourth sentence to, 

paragraph (n)(2), and adding a third 

sentence to paragraph (n)(3), to read as 

follows: 

§ 1.6038A–1 General requirements and 

definitions. 

* * * * * 

(n) * * * 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 247 / Wednesday, December 24, 2014 / Rules and Regulations 77389 

(2) Section 1.6038A–2. * * * Section 

1.6038A–2(d) applies for taxable years 

ending on or after June 10, 2011. For 

taxable years ending on or after June 10, 

2011, but before December 24, 2014, see 

§ 1.6038A–2(e) as contained in 26 CFR 

part 1 revised as of April 1, 2014. * * * 

(3) Section 1.6038A–4. * * * For 

taxable years ending before December 

24, 2014, see § 1.6038A–4(a)(1) as 

contained in 26 CFR part 1 revised as of 

April 1, 2014. 

* * * * * 

§ 1.6038A–2 [Amended] 

■ Par. 3. Section 1.6038A–2 is amended 

by: 

■ 1. Removing paragraph (e). 

■ 2. Redesignating paragraphs (f), (g), 

and (h) as paragraphs (e), (f), and (g), 

respectively. 

■ Par. 4. Section 1.6038A–4 is amended 

by revising paragraph (a)(1) to read as 

follows: 

§ 1.6038A–4 Monetary penalty. 

(a) * * * 

(1) In general. If a reporting 

corporation fails to furnish the 

information described in § 1.6038A–2 

within the time and manner prescribed 

in § 1.6038A–2(d), fails to maintain or 

cause another to maintain records as 

required by § 1.6038A–3, or (in the case 

of records maintained outside the 

United States) fails to meet the non-U.S. 

record maintenance requirements 

within the applicable time prescribed in 

§ 1.6038A–3(f), a penalty of $10,000 

shall be assessed for each taxable year 

with respect to which such failure 

occurs. The filing of a substantially 

incomplete Form 5472 constitutes a 

failure to file Form 5472. Where, 

however, the information described in 

§ 1.6038A–2(b)(3) through (5) is not 

required to be reported, a Form 5472 

filed without such information is not a 

substantially incomplete Form 5472. 

* * * * * 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: December 8, 2014. 

Mark J. Mazur, 

Assistant Secretary for the Treasury (Tax 

Policy). 

[FR Doc. 2014–30200 Filed 12–23–14; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2013–0694, FRL–9920–83- 

Region 4] 

Identification of Nonattainment 

Classification and Deadlines for 

Submission of State Implementation 

Plan (SIP) Provisions for the 1997 Fine 

Particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS) and 2006 

PM2.5 NAAQS; Correcting Amendment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On June 2, 2014, the 

Environmental Protection Agency (EPA) 

published a final rule in the Federal 

Register updating the Code of Federal 

Regulations (CFR) concerning the 

designations of areas for air quality 

planning purposes for the 1997 and 

2006 PM2.5 National Ambient Air 

Quality Standards (NAAQS) 

nonattainment areas. This correcting 

amendment corrects errors in the 

regulatory text of EPA’s June 2, 2014, 

final rule related to the designations of 

the Macon, Georgia, and Rome, Georgia, 

areas for the 1997 Annual PM2.5

NAAQS. 

DATES: This final rule is effective 

December 24, 2014. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: For 

further general information on this 

correcting amendment, contact Tiereny 

Bell, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Ms. Bell 

may be reached by phone at (404) 562– 

9088 or via electronic mail at 

bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects inadvertent errors in a 

rulemaking entitled ‘‘Identification of 

Nonattainment Classification and 

Deadlines for Submission of State 

Implementation Plan (SIP) Provisions 

for the 1997 Fine Particle (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) and 2006 PM2.5 NAAQS’’ 

related to the designations of areas for 

air quality planning purposes for the 

1997 and 2006 PM2.5 NAAQS 

nonattainment areas published on June 

2, 2014. See 79 FR 31566. In EPA’s June 

2, 2014, final rulemaking, EPA 

incorrectly identified ‘‘Rome, Georgia: 

Floyd County’’ as a nonattainment area 

in the regulatory table in 40 CFR 81.311 

listing area designations for the 1997 

Annual PM2.5 NAAQS in the State of 

Georgia. EPA took final action on May 

14, 2014 (effective June 13, 2014), to 

redesignate the Rome, Georgia PM2.5

nonattainment area (Rome Area) as 

attainment for the 1997 Annual PM2.5

NAAQS. See 79 FR 27493. The Rome 

Area is comprised of Floyd County in 

Georgia. In addition, in EPA’s June 2, 

2014, final rulemaking, EPA incorrectly 

identified ‘‘Macon, Georgia: Bibb 

County and Monroe County (part)’’ as a 

nonattainment area in the regulatory 

table in 40 CFR 81.311 listing area 

designations for the 1997 Annual PM2.5

NAAQS in the State of Georgia. EPA 

took final action on May 13, 2014 

(effective June 12, 2014), to redesignate 

the Macon, Georgia PM2.5

nonattainment area (Macon Area) as 

attainment for the 1997 Annual PM2.5

NAAQS. See 79 FR 27193. The Macon 

Area is comprised of Bibb County and 

a portion of Monroe County in Georgia. 

Today, EPA is correcting the inadvertent 

errors in EPA’s June 2, 2014, rulemaking 

by changing the regulatory table in 40 

CFR 81.311 to reflect that EPA has 

redesignated the Rome and Macon 

Areas as attainment for the 1997 Annual 

PM2.5 NAAQS. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment procedures are unnecessary 

for today’s action because this action 

merely corrects the aforementioned 

inadvertent errors in the regulatory text 

and has no substantive impact on EPA’s 

June 2, 2014, action. In addition, EPA 

can identify no particular reason why 

the public would be interested in having 

the opportunity to comment on this 

correction prior to this action being 

finalized because this correction action 

does not change or reopen EPA’s 

redesignations of the Rome and Macon 

Areas for the 1997 Annual PM2.5

NAAQS. 

mstockstill on DSK4VPTVN1PROD with RULES