Professional Documents
Culture Documents
Issued in Kansas City, Missouri, on August be held on Thursday, September 7, 5203, Internal Revenue Service, PO Box
3, 2006. 2006, beginning at 10 a.m. in the IRS 7604, Ben Franklin Station, Washington,
John R. Colomy, Auditorium, 1111 Constitution Avenue, DC 20044. Submissions may be sent
Acting Manager, Small Airplane Directorate, NW., Washington, DC. electronically, via the IRS Internet site
Aircraft Certification Service. The date and location of the hearing at http://www.irs.gov/regs or via the
[FR Doc. E6–12943 Filed 8–8–06; 8:45 am] have changed. The hearing is Federal eRulemaking Portal at http://
BILLING CODE 4910–13–P rescheduled for Friday, October 6, 2006, www.regulations.gov (indicate IRS and
beginning at 10 a.m. in the IRS REG–118788–06).
Auditorium, New Carrollton Federal FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF THE TREASURY Building, 5000 Ellin Road, Lanham, Concerning submissions, Kelly Banks,
Maryland 20706. (202) 927–1443; concerning the
Internal Revenue Service A period of 10 minutes is allotted to proposed rules, Timothy L. Jones or
each person for presenting oral Aviva M. Roth, (202) 622–3980 (not toll-
26 CFR Part 1 comments. The IRS will prepare an
free numbers).
agenda containing the schedule of
[REG–118775–06] speakers. Copies of the agenda will be SUPPLEMENTARY INFORMATION:
announced that a public hearing on DATES: Written or electronic comments Means Committee stated that the reason
proposed regulations relating to the must be submitted by November 7, for this amendment was that the
exclusion from gross income of portfolio 2006. Committee was concerned about reports
interest paid to a nonresident alien ADDRESSES: Send submissions to: that Indian tribal governments were
individual or foreign corporation would CC:PA:LPD:PR (REG–118788–06), Room issuing tax-exempt bonds for interests in
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Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Proposed Rules 45475
‘‘commercial and industrial numerous State and local governments opinions and Department of Justice
enterprises’’. The Committee further with general taxing powers that have guidance pertaining to claims
included the following statement about been conducting the activity and processing. This updated rule will
section 7871(e): financing it with tax-exempt expedite payment of meritorious claims
The bill clarifies that, with respect to governmental bonds, (2) State and local throughout the world. AR 27–20
bonds issued by Indian tribal governments, governments with general taxing powers includes rules for processing affirmative
the term ‘essential governmental function’ have been conducting the activity and claims, i.e., recovery actions on behalf
does not include any governmental function financing it with tax-exempt of the United States.
that is not customarily performed (and governmental bonds for many years, and DATES: Comments submitted on or
financed with governmental tax-exempt (3) the activity is not a commercial or before October 10, 2006 will be
bonds) by State and local governments with industrial activity. The proposed
general taxing powers. For example, issuance
considered.
regulations will further provide that
of bonds to finance commercial or industrial
examples of activities customarily ADDRESSES: You may submit comments,
facilities (e.g., private rental housing, cement identified by ‘‘32 CFR Part 537, Docket
factories, or mirror factories) which bonds performed by State and local
governments include, but are not No. USA–2006–0023 and or RIN 0702–
technically may not be private activity bonds AA55’’ in the subject line, by any of the
is not included within the scope of the limited to, public works projects such as
essential governmental function exception. roads, schools, and government following methods:
Additionally, the committee wishes to buildings. • Federal eRulemaking Portal: http://
stress that only those activities that are www.regulations.gov. Follow the
customarily financed with governmental Request for Comments instructions for submitting comments.
bonds (e.g., schools, roads, governmental Before the notice of proposed • Mail: Federal Docket Management
buildings, etc.) are intended to be within the rulemaking is issued, consideration will System Office, 1160 Defense Pentagon,
scope of this exception, notwithstanding that Washington, DC 20301–1160.
be given to any written comments that
isolated instances of a State or local Instructions: All submissions received
government issuing bonds for another are submitted timely (preferably a
signed original and eight (8) copies) to must include the agency name and
activity may occur.
the IRS. All comments will be available docket number or Regulatory
H.R. Rep. No. 100–391, at 1139 (1987). for public inspection and copying. Information Number (RIN) for this
The 1987 Conference Committee Federal Register document. The general
adding the limited manufacturing Drafting Information policy for comments and other
facility provision of section The principal authors of this advance submissions from members of the public
7871(c)(3)(A), noted that: notice of proposed rulemaking are is to make these submissions available
A facility which does not qualify as a Aviva M. Roth and Timothy L. Jones, for public viewing on the Internet at
manufacturing facility for purposes of this Office of the Chief Counsel (Tax-exempt http://www.regulations.gov as they are
provision may nonetheless be financed with and Government Entities), however, received without change, including any
tax-exempt bonds issued by a tribal other personnel from the IRS and personal identifiers or contact
government provided that the facility Treasury Department participated in its information.
satisfies the ‘essential governmental function’ development.
standard (i.e., the facility is comparable to FOR FURTHER INFORMATION CONTACT:
facilities that are customarily acquired or Mark E. Matthews, George Westerbeke (301) 677–7009,
constructed and operated by States and local Deputy Commissioner for Services and x220.
governments). For example, a building used Enforcement. SUPPLEMENTARY INFORMATION:
for offices for a tribal government itself
[FR Doc. E6–12884 Filed 8–8–06; 8:45 am]
would be comparable to State or local A. Background
government office buildings, and therefore, BILLING CODE 4830–01–P
could be financed with tax-exempt bonds. As This rule was previously published.
another example, a lodge owned and The Administrative Procedure Act, as
operated by a tribal government may be DEPARTMENT OF DEFENSE amended by the Freedom of Information
eligible for tax-exempt financing if it is Act requires that certain policies and
comparable to lodges customarily owned and Department of the Army procedures and other information
operated by State park or recreation agencies. concerning the Department of the Army
H.R. Rep. No. 100–495, at 1012 n.5 32 CFR Part 537 be published in the Federal Register.
(1987) (Conf. Rep.). The policies and procedures covered by
RIN 0702–AA55
The IRS has become aware of an this regulation fall into that category.
increasing number of instances in which [Docket No. USA–2006–0023] Rules for processing affirmative
taxpayers have raised questions about claims are found mostly in Chapter 14
the application of section 7871(e). Claims on Behalf of the United States of AR 27–20; however, rules for
Accordingly, the Treasury Department AGENCY:Department of the Army, DOD. processing maritime affirmative claims
and the IRS have determined to seek Proposed rule; request for
ACTION: are contained in Chapter 8. For
public comment in advance of issuing comments. purposes of this Federal Register
proposed regulations in this area. publication and its corresponding
SUMMARY: The Department of the Army codification in the Code of Federal
Explanation of Provisions proposes to amend its regulation to Regulations, all rules for affirmative
The Treasury Department and the IRS reflect a substantial revision of AR 27– claims processing have been
anticipate that the proposed regulations 20, an Army publication which governs incorporated into 32 CFR part 537. AR
will provide that for purposes of section the processing of claims worldwide. The 27–20 and its companion DA Pam 27–
jlentini on PROD1PC65 with PROPOSAL
7871(c) and section 7871(e), an activity purpose of this revision is to make AR 162 will be available on the Web site of
will be considered an essential 27–20 clearer and easier to use, after the U.S. Army Publications Directorate,
governmental function that is years of piecemeal amendments. This http://www.apd.army.mil, within a few
customarily performed by State and rewrite also ensures that AR 27–20 is in months of the date of this Federal
local governments if: (1) There are keeping with current statutes, legal Register publication of 32 CFR part 537.
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