81_FR_47880 81 FR 47739 - Income Inclusion When Lessee Treated as Having Acquired Investment Credit Property

81 FR 47739 - Income Inclusion When Lessee Treated as Having Acquired Investment Credit Property

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 81, Issue 141 (July 22, 2016)

Page Range47739-47741
FR Document2016-16561

This document withdraws the notice of proposed rulemaking published in the Federal Register on December 20, 1985, and the notice of proposed rulemaking published in the Federal Register on September 21, 1987. In the Rules and Regulations section of this issue of the Federal Register, the Treasury Department and the IRS are issuing temporary regulations relating to the income inclusion rules under section 50(d)(5) of the Internal Revenue Code (Code) that are applicable to a lessee of investment credit property when a lessor of such property elects to treat the lessee as having acquired the property. The text of those regulations also serves as the text of these proposed regulations.

Federal Register, Volume 81 Issue 141 (Friday, July 22, 2016)
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Proposed Rules]
[Pages 47739-47741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16561]


=======================================================================
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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-102516-15]
RIN 1545-BM65


Income Inclusion When Lessee Treated as Having Acquired 
Investment Credit Property

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Withdrawal of notice of proposed rulemaking; and notice of

[[Page 47740]]

proposed rulemaking by cross-reference to temporary regulations.

-----------------------------------------------------------------------

SUMMARY: This document withdraws the notice of proposed rulemaking 
published in the Federal Register on December 20, 1985, and the notice 
of proposed rulemaking published in the Federal Register on September 
21, 1987. In the Rules and Regulations section of this issue of the 
Federal Register, the Treasury Department and the IRS are issuing 
temporary regulations relating to the income inclusion rules under 
section 50(d)(5) of the Internal Revenue Code (Code) that are 
applicable to a lessee of investment credit property when a lessor of 
such property elects to treat the lessee as having acquired the 
property. The text of those regulations also serves as the text of 
these proposed regulations.

DATES: Written or electronic comments and requests for a public hearing 
must be received by October 20, 2016.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-102516-15), Room 
5203, Internal Revenue Service, P.O. 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-
102516-15), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, DC, or sent electronically via the Federal 
eRulemaking Portal at www.regulations.gov (IRS REG-102516-15).

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Jennifer 
A. Records at (202) 317-6853; concerning submissions of comments and 
requests for a public hearing, Regina Johnson of the Publications and 
Regulations Branch at (202) 317-6901 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background and Explanation of Provisions

    On December 20, 1985, the Treasury Department and the IRS published 
in the Federal Register (50 FR 51874-01) a notice of proposed 
rulemaking (LR-92-73) under sections 46, 47, 48, and 167 providing 
proposed rules related to the determination of the amount of taxpayer's 
qualified investment and recapture of the investment credit with 
respect to mass assets. On September 21, 1987, the Treasury Department 
and the IRS published in the Federal Register (52 FR 35438-01) a notice 
of proposed rulemaking (LR-183-82) under sections 48, 196, 312, and 705 
providing proposed rules related to the adjustment in the basis of 
property with respect to which a taxpayer claimed the investment 
credit. On April 27, 1993, the Treasury Department and the IRS withdrew 
(58 FR 25587-01) the proposed amendments to Sec.  1.48-7 of the Income 
Tax Regulations that were published as part of the notice of proposed 
rulemaking (LR-183-82) published in the Federal Register (52 FR 35438-
01) on September 21, 1987. Because of numerous statutory changes since 
the publication of those proposed regulations, the remainder of the 
proposed regulations (50 FR 51874-01 and 52 FR 35438-01) are withdrawn.
    Temporary regulations in the Rules and Regulations section of this 
issue of the Federal Register amend the Income Tax Regulations (26 CFR 
part 1) relating to section 50(d)(5). The temporary regulations provide 
rules regarding the income inclusion required under section 50(d)(5) of 
the Code by a lessee of investment credit property when a lessor of 
such property elects to treat the lessee as having acquired the 
property. The temporary regulations also provide rules to coordinate 
the section 50(a) recapture rules with the section 50(d)(5) income 
inclusion rules and rules regarding income inclusion upon a disposition 
or lease termination outside of the recapture period. The text of those 
regulations also serves as the text of these proposed regulations. The 
preamble to the temporary regulations explains the amendments.

Special Analyses

    Certain IRS regulations, including this one, are exempt from the 
requirements of Executive Order 12866, as supplemented and reaffirmed 
by Executive Order 13563. Therefore, a regulatory impact assessment is 
not required. It also has 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 these regulations do not impose a 
collection of information on small entities, the Regulatory Flexibility 
Act (5 U.S.C. chapter 6) does not apply. Therefore, a regulatory 
flexibility analysis is not required. Pursuant to section 7805(f) of 
the Code, these proposed regulations have been submitted to the Chief 
Counsel for Advocacy of the Small Business Administration for comment 
on their impact on small business.

Comments and Requests for a Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written (a signed original and eight 
(8) copies) or electronic comments that are submitted timely to the 
IRS. The Treasury Department and the IRS request comments on all 
aspects of these proposed regulations. Specifically, the Treasury 
Department and the IRS request comments regarding whether guidance is 
needed to address the applicability of the income inclusion rules under 
section 50(d)(5) to trusts, estates, and/or electing large 
partnerships. All comments will be available for public inspection and 
copying. A public hearing will be scheduled if requested in writing by 
any person that timely submits written comments. If a public hearing is 
scheduled, notice of the date, time, and place for the public hearing 
will be published in the Federal Register.

Drafting Information

    The principal author of these regulations is Jennifer A. Records, 
Office of the Associate Chief Counsel (Passthroughs and Special 
Industries), IRS. 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.

Withdrawal of Notice of Proposed Rulemaking

    Accordingly, under authority of 26 U.S.C. 7805, the notice of 
proposed rulemaking (LR-92-73) that was published in the Federal 
Register on December 20, 1985 (50 FR 51874-01), and the notice of 
proposed rulemaking (LR-183-82) that was published in the Federal 
Register on September 21, 1987 (52 FR 35438-01), are withdrawn.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

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

0
Par. 2. Section 1.50-1 is revised to read as follows:


Sec.  1.50-1  Lessee's income inclusion following election of lessor of 
investment credit property to treat lessee as acquirer.

    [The text of proposed amendment to Sec.  1.50-1 is the same as the 
text of Sec.  1.50-1T(a) through (f) published

[[Page 47741]]

elsewhere in this issue of the Federal Register].

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2016-16561 Filed 7-21-16; 8:45 am]
 BILLING CODE 4830-01-P



                                                                          Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Proposed Rules                                                47739

                                               Calloway County Hospital Heliport,                       Availability and Summary of                           Lists of Subjects in 14 CFR Part 71
                                               Murray, KY.                                              Documents for Incorporation by                         Airspace, Incorporation by reference,
                                                                                                        Reference                                             Navigation (Air).
                                               Comments Invited
                                                                                                          This document proposes to amend
                                                  Interested persons are invited to                                                                           The Proposed Amendment
                                                                                                        FAA Order 7400.9Z, Airspace
                                               comment on this rule by submitting                       Designations and Reporting Points,                      In consideration of the foregoing, the
                                               such written data, views, or arguments,                  dated August 6, 2015, and effective                   Federal Aviation Administration
                                               as they may desire. Comments that                        September 15, 2015. FAA Order                         proposes to amend 14 CFR part 71 as
                                               provide the factual basis supporting the                 7400.9Z is publicly available as listed in            follows:
                                               views and suggestions presented are                      the ADDRESSES section of this document.
                                               particularly helpful in developing                                                                             PART 71—DESIGNATION OF CLASS A,
                                                                                                        FAA Order 7400.9Z lists Class A, B, C,
                                               reasoned regulatory decisions on the                                                                           B, C, D, AND E AIRSPACE AREAS; AIR
                                                                                                        D, and E airspace areas, air traffic
                                               proposal. Comments are specifically                                                                            TRAFFIC SERVICE ROUTES; AND
                                                                                                        service routes, and reporting points.
                                               invited on the overall regulatory,                                                                             REPORTING POINTS
                                               aeronautical, economic, environmental,                   The Proposal
                                               and energy-related aspects of the                           The FAA is considering an                          ■ 1. The authority citation for Part 71
                                               proposal.                                                amendment to Title 14, Code of Federal                continues to read as follows:
                                                  Communications should identify both                   Regulations (14 CFR) part 71 to establish               Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                               docket numbers and be submitted in                       Class E airspace at Murray, KY,                       40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                               triplicate to the address listed above.                  providing the controlled airspace                     1959–1963 Comp., p. 389.
                                               You may also submit comments through                     required to support the new Copter                    § 71.1       [Amended]
                                               the Internet at http://                                  RNAV (GPS) standard instrument
                                               www.regulations.gov.                                                                                           ■ 2. The incorporation by reference in
                                                                                                        approach procedures for Murray
                                                  Persons wishing the FAA to                                                                                  14 CFR 71.1 of Federal Aviation
                                                                                                        Calloway County Hospital Heliport.
                                               acknowledge receipt of their comments                                                                          Administration Order 7400.9Z, Airspace
                                                                                                        Controlled airspace extending upward
                                               on this action must submit with those                                                                          Designations and Reporting Points,
                                                                                                        from 700 feet above the surface within
                                               comments a self-addressed stamped                                                                              dated August 6, 2015, effective
                                                                                                        a 6-mile radius of the heliport would be
                                               postcard on which the following                                                                                September 15, 2015, is amended as
                                                                                                        established for IFR operations.
                                               statement is made: ‘‘Comments to                                                                               follows:
                                                                                                           Class E airspace designations are
                                               Docket No. FAA–2016–6775; Airspace                       published in Paragraph 6005 of FAA                    Paragraph 6005 Class E Airspace Areas
                                               Docket No. 16–ASO–9.’’ The postcard                      Order 7400.9Z, dated August 6, 2015,                  Extending Upward From 700 feet or More
                                               will be date/time stamped and returned                   and effective September 15, 2015, which               Above the Surface of the Earth.
                                               to the commenter.                                        is incorporated by reference in 14 CFR                *        *        *   *   *
                                                  All communications received before                    71.1. The Class E airspace designation                ASO KY E5 Murray, KY [New]
                                               the specified closing date for comments                  listed in this document will be
                                               will be considered before taking action                                                                        Murray Calloway County Hospital Heliport,
                                                                                                        published subsequently in the Order.                       KY
                                               on the proposed rule. The proposal                                                                               (Lat. 36°36′27″ N., long. 88°18′36″ W.)
                                               contained in this notice may be changed                  Regulatory Notices and Analyses
                                                                                                                                                              That airspace extending upward from 700
                                               in light of the comments received. A                       The FAA has determined that this                    feet above the surface within a 6-mile radius
                                               report summarizing each substantive                      proposed regulation only involves an                  of Murray Calloway County Hospital
                                               public contact with FAA personnel                        established body of technical                         Heliport.
                                               concerned with this rulemaking will be                   regulations for which frequent and                      Issued in College Park, Georgia, on July 15,
                                               filed in the docket.                                     routine amendments are necessary to                   2016.
                                               Availability of NPRMs                                    keep them operationally current. It,                  Ryan W. Almasy,
                                                                                                        therefore: (1) Is not a ‘‘significant
                                                  An electronic copy of this document                                                                         Manager, Operations Support Group, Eastern
                                                                                                        regulatory action’’ under Executive                   Service Center, Air Traffic Organization.
                                               may be downloaded from and                               Order 12866; (2) is not a ‘‘significant
                                               comments submitted through http://                                                                             [FR Doc. 2016–17311 Filed 7–21–16; 8:45 am]
                                                                                                        rule’’ under DOT Regulatory Policies
                                               www.regulations.gov. Recently                            and Procedures (44 FR 11034; February                 BILLING CODE 4910–13–P

                                               published rulemaking documents can                       26, 1979); and (3) does not warrant
                                               also be accessed through http://                         preparation of a Regulatory Evaluation
                                               www.regulations.gov.                                     as the anticipated impact is so minimal.              DEPARTMENT OF THE TREASURY
                                                  You may review the public docket                      Since this is a routine matter that will
                                               containing the proposal, any comments                    only affect air traffic procedures and air            Internal Revenue Service
                                               received, and any final disposition in                   navigation, it is certified that this
                                               person in the Dockets Office (see the                    proposed rule, when promulgated, will                 26 CFR Part 1
                                               ADDRESSES section for address and                        not have a significant economic impact
                                               phone number) between 9:00 a.m. and                                                                            [REG–102516–15]
                                                                                                        on a substantial number of small entities
                                               5:00 p.m., Monday through Friday,                        under the criteria of the Regulatory                  RIN 1545–BM65
                                               except Federal Holidays. An informal                     Flexibility Act.
                                               docket may also be examined between
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                                                                                        Environmental Review                                  Income Inclusion When Lessee
                                               8:00 a.m. and 4:30 p.m., Monday                                                                                Treated as Having Acquired
                                               through Friday, except Federal Holidays                     This proposal would be subject to an               Investment Credit Property
                                               at the office of the Eastern Service                     environmental analysis in accordance
                                               Center, Federal Aviation                                 with FAA Order 1050.1F,                               AGENCY: Internal Revenue Service (IRS),
                                               Administration, Room 350, 1701                           ‘‘Environmental Impacts: Policies and                 Treasury.
                                               Columbia Avenue, College Park, Georgia                   Procedures’’ prior to any FAA final                   ACTION: Withdrawal of notice of
                                               30337.                                                   regulatory action.                                    proposed rulemaking; and notice of


                                          VerDate Sep<11>2014   14:58 Jul 21, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\22JYP1.SGM    22JYP1


                                               47740                      Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Proposed Rules

                                               proposed rulemaking by cross-reference                   respect to which a taxpayer claimed the               submitted timely to the IRS. The
                                               to temporary regulations.                                investment credit. On April 27, 1993,                 Treasury Department and the IRS
                                                                                                        the Treasury Department and the IRS                   request comments on all aspects of these
                                               SUMMARY:    This document withdraws the                  withdrew (58 FR 25587–01) the                         proposed regulations. Specifically, the
                                               notice of proposed rulemaking                            proposed amendments to § 1.48–7 of the                Treasury Department and the IRS
                                               published in the Federal Register on                     Income Tax Regulations that were                      request comments regarding whether
                                               December 20, 1985, and the notice of                     published as part of the notice of                    guidance is needed to address the
                                               proposed rulemaking published in the                     proposed rulemaking (LR–183–82)                       applicability of the income inclusion
                                               Federal Register on September 21, 1987.                  published in the Federal Register (52                 rules under section 50(d)(5) to trusts,
                                               In the Rules and Regulations section of                  FR 35438–01) on September 21, 1987.
                                               this issue of the Federal Register, the                                                                        estates, and/or electing large
                                                                                                        Because of numerous statutory changes                 partnerships. All comments will be
                                               Treasury Department and the IRS are                      since the publication of those proposed
                                               issuing temporary regulations relating to                                                                      available for public inspection and
                                                                                                        regulations, the remainder of the                     copying. A public hearing will be
                                               the income inclusion rules under                         proposed regulations (50 FR 51874–01
                                               section 50(d)(5) of the Internal Revenue                                                                       scheduled if requested in writing by any
                                                                                                        and 52 FR 35438–01) are withdrawn.
                                               Code (Code) that are applicable to a                                                                           person that timely submits written
                                                                                                          Temporary regulations in the Rules
                                               lessee of investment credit property                     and Regulations section of this issue of              comments. If a public hearing is
                                               when a lessor of such property elects to                 the Federal Register amend the Income                 scheduled, notice of the date, time, and
                                               treat the lessee as having acquired the                  Tax Regulations (26 CFR part 1) relating              place for the public hearing will be
                                               property. The text of those regulations                  to section 50(d)(5). The temporary                    published in the Federal Register.
                                               also serves as the text of these proposed                regulations provide rules regarding the               Drafting Information
                                               regulations.                                             income inclusion required under
                                               DATES: Written or electronic comments                    section 50(d)(5) of the Code by a lessee                The principal author of these
                                               and requests for a public hearing must                   of investment credit property when a                  regulations is Jennifer A. Records, Office
                                               be received by October 20, 2016.                         lessor of such property elects to treat the           of the Associate Chief Counsel
                                               ADDRESSES: Send submissions to:                          lessee as having acquired the property.               (Passthroughs and Special Industries),
                                               CC:PA:LPD:PR (REG–102516–15), Room                       The temporary regulations also provide                IRS. However, other personnel from the
                                               5203, Internal Revenue Service, P.O.                     rules to coordinate the section 50(a)                 Treasury Department and the IRS
                                               Box 7604, Ben Franklin Station,                          recapture rules with the section 50(d)(5)             participated in their development.
                                               Washington, DC 20044. Submissions                        income inclusion rules and rules
                                                                                                        regarding income inclusion upon a                     List of Subjects in 26 CFR Part 1
                                               may be hand-delivered Monday through
                                               Friday between the hours of 8 a.m. and                   disposition or lease termination outside
                                                                                                                                                                Income taxes, Reporting and
                                               4 p.m. to: CC:PA:LPD:PR (REG–102516–                     of the recapture period. The text of
                                                                                                                                                              recordkeeping requirements.
                                               15), Courier’s Desk, Internal Revenue                    those regulations also serves as the text
                                               Service, 1111 Constitution Avenue NW.,                   of these proposed regulations. The                    Withdrawal of Notice of Proposed
                                               Washington, DC, or sent electronically                   preamble to the temporary regulations                 Rulemaking
                                               via the Federal eRulemaking Portal at                    explains the amendments.
                                                                                                                                                                Accordingly, under authority of 26
                                               www.regulations.gov (IRS REG–102516–                     Special Analyses
                                               15).                                                                                                           U.S.C. 7805, the notice of proposed
                                                                                                          Certain IRS regulations, including this             rulemaking (LR–92–73) that was
                                               FOR FURTHER INFORMATION CONTACT:                         one, are exempt from the requirements                 published in the Federal Register on
                                               Concerning the regulations, Jennifer A.                  of Executive Order 12866, as                          December 20, 1985 (50 FR 51874–01),
                                               Records at (202) 317–6853; concerning                    supplemented and reaffirmed by                        and the notice of proposed rulemaking
                                               submissions of comments and requests                     Executive Order 13563. Therefore, a                   (LR–183–82) that was published in the
                                               for a public hearing, Regina Johnson of                  regulatory impact assessment is not                   Federal Register on September 21, 1987
                                               the Publications and Regulations Branch                  required. It also has been determined
                                               at (202) 317–6901 (not toll-free                                                                               (52 FR 35438–01), are withdrawn.
                                                                                                        that section 553(b) of the Administrative
                                               numbers).                                                Procedure Act (5 U.S.C. chapter 5) does               Proposed Amendments to the
                                               SUPPLEMENTARY INFORMATION:                               not apply to these regulations, and,                  Regulations
                                                                                                        because these regulations do not impose
                                               Background and Explanation of                                                                                    Accordingly, 26 CFR part 1 is
                                                                                                        a collection of information on small
                                               Provisions                                                                                                     proposed to be amended as follows:
                                                                                                        entities, the Regulatory Flexibility Act
                                                 On December 20, 1985, the Treasury                     (5 U.S.C. chapter 6) does not apply.
                                               Department and the IRS published in                                                                            PART 1—INCOME TAXES
                                                                                                        Therefore, a regulatory flexibility
                                               the Federal Register (50 FR 51874–01)                    analysis is not required. Pursuant to
                                               a notice of proposed rulemaking (LR–                     section 7805(f) of the Code, these                    ■ Paragraph 1. The authority citation
                                               92–73) under sections 46, 47, 48, and                    proposed regulations have been                        for part 1 continues to read in part as
                                               167 providing proposed rules related to                  submitted to the Chief Counsel for                    follows:
                                               the determination of the amount of                       Advocacy of the Small Business                            Authority: 26 U.S.C. 7805 * * *
                                               taxpayer’s qualified investment and                      Administration for comment on their
                                               recapture of the investment credit with                  impact on small business.                             ■ Par. 2. Section 1.50–1 is revised to
                                               respect to mass assets. On September                                                                           read as follows:
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               21, 1987, the Treasury Department and                    Comments and Requests for a Public
                                               the IRS published in the Federal                         Hearing                                               § 1.50–1 Lessee’s income inclusion
                                                                                                                                                              following election of lessor of investment
                                               Register (52 FR 35438–01) a notice of                      Before these proposed regulations are               credit property to treat lessee as acquirer.
                                               proposed rulemaking (LR–183–82)                          adopted as final regulations,
                                               under sections 48, 196, 312, and 705                     consideration will be given to any                      [The text of proposed amendment to
                                               providing proposed rules related to the                  written (a signed original and eight (8)              § 1.50–1 is the same as the text of
                                               adjustment in the basis of property with                 copies) or electronic comments that are               § 1.50–1T(a) through (f) published


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                                                                          Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Proposed Rules                                         47741

                                               elsewhere in this issue of the Federal                      You may submit comments in one of                  of Health and Human Services, at (410)
                                               Register].                                               four ways (please choose only one of the              786–1565.
                                                                                                        ways listed):                                            Elizabeth Schumacher or Suzanne
                                               John Dalrymple,                                                                                                Adelman, Employee Benefits Security
                                                                                                           1. Electronically. You may submit
                                               Deputy Commissioner for Services and                     electronic comments on this regulation                Administration, Department of Labor, at
                                               Enforcement.                                                                                                   (202) 693–8335.
                                                                                                        to http://www.regulations.gov. Follow
                                               [FR Doc. 2016–16561 Filed 7–21–16; 8:45 am]                                                                       Karen Levin, Internal Revenue
                                                                                                        the ‘‘Submit a comment’’ instructions.
                                               BILLING CODE 4830–01–P                                      2. By regular mail. You may mail                   Service, Department of the Treasury, at
                                                                                                        written comments to the following                     (202) 317–6846.
                                                                                                        address ONLY: Centers for Medicare &                     Customer Service Information:
                                               DEPARTMENT OF THE TREASURY                                                                                     Individuals interested in obtaining
                                                                                                        Medicaid Services, Department of
                                                                                                        Health and Human Services, Attention:                 information from the Department of
                                               Internal Revenue Service                                                                                       Labor concerning employment-based
                                                                                                        CMS–9931–NC, P.O. Box 8010,
                                                                                                        Baltimore, MD 21244–8010. Please                      health coverage laws may call the EBSA
                                               26 CFR Part 54                                                                                                 Toll-Free Hotline at 1–866–444–EBSA
                                                                                                        allow sufficient time for mailed
                                                                                                        comments to be received before the                    (3272) or visit the Department of Labor’s
                                               DEPARTMENT OF LABOR                                                                                            Web site (http://www.dol.gov/ebsa). In
                                                                                                        close of the comment period.
                                                                                                           3. By express or overnight mail. You               addition, information from HHS on
                                               Employee Benefits Security                                                                                     private health insurance for consumers
                                               Administration                                           may send written comments to the
                                                                                                        following address ONLY: Centers for                   can be found on the CMS Web site
                                                                                                        Medicare & Medicaid Services,                         (www.cciio.cms.gov), and information
                                               29 CFR Part 2590                                                                                               on health reform can be found at http://
                                                                                                        Department of Health and Human
                                                                                                        Services, Attention: CMS–9931–NC,                     www.HealthCare.gov.
                                               DEPARTMENT OF HEALTH AND                                                                                       SUPPLEMENTARY INFORMATION:
                                               HUMAN SERVICES                                           Mail Stop C4–26–05, 7500 Security
                                                                                                        Boulevard, Baltimore, MD 21244–1850.                     Inspection of Public Comments: All
                                                                                                           4. By hand or courier. Alternatively,              comments received before the close of
                                               45 CFR Part 147                                                                                                the comment period are available for
                                                                                                        you may deliver (by hand or courier)
                                                                                                        your written comments ONLY to the                     viewing by the public, including any
                                               [CMS–9931–NC]                                                                                                  personally identifiable or confidential
                                                                                                        following addresses prior to the close of
                                                                                                        the comment period:                                   business information that is included in
                                               Coverage for Contraceptive Services                                                                            a comment. We post all comments
                                                                                                           a. For delivery in Washington, DC—
                                               AGENCY:  Internal Revenue Service,                                                                             received before the close of the
                                                                                                        Centers for Medicare & Medicaid
                                               Department of the Treasury; Employee                                                                           comment period on the following Web
                                                                                                        Services, Department of Health and
                                               Benefits Security Administration,                                                                              site as soon as possible after they have
                                                                                                        Human Services, Room 445–G, Hubert
                                               Department of Labor; Centers for                                                                               been received: http://
                                                                                                        H. Humphrey Building, 200
                                               Medicare & Medicaid Services,                                                                                  www.regulations.gov. Follow the search
                                                                                                        Independence Avenue SW.,
                                               Department of Health and Human                                                                                 instructions on that Web site to view
                                                                                                        Washington, DC 20201.
                                               Services.                                                                                                      public comments.
                                                                                                           (Because access to the interior of the                Comments received timely will also
                                               ACTION: Request for information.                         Hubert H. Humphrey Building is not                    be available for public inspection as
                                                                                                        readily available to persons without                  they are received, generally beginning
                                               SUMMARY:   This document is a request for                Federal government identification,
                                               information on whether there are                                                                               approximately 3 weeks after publication
                                                                                                        commenters are encouraged to leave                    of a document, at the headquarters of
                                               alternative ways (other than those                       their comments in the CMS drop slots
                                               offered in current regulations) for                                                                            the Centers for Medicare & Medicaid
                                                                                                        located in the main lobby of the                      Services, 7500 Security Boulevard,
                                               eligible organizations that object to                    building. A stamp-in clock is available
                                               providing coverage for contraceptive                                                                           Baltimore, Maryland 21244, Monday
                                                                                                        for persons wishing to retain a proof of              through Friday of each week from 8:30
                                               services on religious grounds to obtain                  filing by stamping in and retaining an
                                               an accommodation, while still ensuring                                                                         a.m. to 4 p.m. To schedule an
                                                                                                        extra copy of the comments being filed.)              appointment to view public comments,
                                               that women enrolled in the                                  b. For delivery in Baltimore, MD—
                                               organizations’ health plans have access                                                                        phone 1–800–743–3951.
                                                                                                        Centers for Medicare & Medicaid
                                               to seamless coverage of the full range of                Services, Department of Health and                    I. Background
                                               Food and Drug Administration-                            Human Services, 7500 Security                            The Patient Protection and Affordable
                                               approved contraceptives without cost                     Boulevard, Baltimore, MD 21244–1850.                  Care Act (Pub. L. 111–148) was enacted
                                               sharing. This information is being                          If you intend to deliver your                      on March 23, 2010. The Health Care and
                                               solicited in light of the Supreme Court’s                comments to the Baltimore address, call               Education Reconciliation Act of 2010
                                               opinion in Zubik v. Burwell, 136 S. Ct.                  telephone number (410) 786–9994 in                    (Pub. L. 111–152) was enacted on March
                                               1557 (2016). The Departments of Health                   advance to schedule your arrival with                 30, 2010. These statutes are collectively
                                               and Human Services (HHS), Labor, and                     one of our staff members.                             known as the Affordable Care Act. The
                                               the Treasury (collectively, the                             Comments erroneously mailed to the                 Affordable Care Act reorganizes,
                                               Departments) invite public comments                      addresses indicated as appropriate for                amends, and adds to the provisions of
                                               via this request for information.                        hand or courier delivery may be delayed               part A of title XXVII of the Public
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               DATES: Comments must be submitted on                     and received after the comment period.                Health Service Act (PHS Act) relating to
                                               or before September 20, 2016.                               For information on viewing public                  group health plans and health insurance
                                               ADDRESSES: In commenting, please refer                   comments, see the beginning of the                    issuers in the group and individual
                                               to file code CMS–9931–NC. Because of                     SUPPLEMENTARY INFORMATION section.                    markets. The Affordable Care Act adds
                                               staff and resource limitations, we cannot                FOR FURTHER INFORMATION CONTACT:                      section 715(a)(1) to the Employee
                                               accept comments by facsimile (FAX)                          David Mlawsky, Centers for Medicare                Retirement Income Security Act of 1974
                                               transmission.                                            & Medicaid Services (CMS), Department                 (ERISA) and section 9815(a)(1) to the


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Document Created: 2016-07-22 02:37:50
Document Modified: 2016-07-22 02:37:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionWithdrawal of notice of proposed rulemaking; and notice of proposed rulemaking by cross-reference to temporary regulations.
DatesWritten or electronic comments and requests for a public hearing must be received by October 20, 2016.
ContactConcerning the regulations, Jennifer A. Records at (202) 317-6853; concerning submissions of comments and requests for a public hearing, Regina Johnson of the Publications and Regulations Branch at (202) 317-6901 (not toll-free numbers).
FR Citation81 FR 47739 
RIN Number1545-BM65
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

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