81 FR 95929 - Nuclear Decommissioning Funds
DEPARTMENT OF THE TREASURY
Internal Revenue Service Federal Register Volume 81, Issue 250 (December 29, 2016)
Internal Revenue Service
Federal Register Volume 81, Issue 250 (December 29, 2016)
| Page Range | 95929-95932 | |
| FR Document | 2016-31205 |
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)] [Proposed Rules] [Pages 95929-95932] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31205] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-112800-16] RIN 1545-BN42 Nuclear Decommissioning Funds AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This document provides proposed changes to the regulations under section 468A of the Internal Revenue Code of 1986 (Code) relating to deductions for contributions to trusts maintained for decommissioning nuclear power plants and the use of the amounts in those trusts to decommission nuclear plants. The proposed regulations revise certain provisions to: Address issues that have arisen as more nuclear plants have begun the decommissioning process; and clarify provisions in the current regulations regarding self-dealing and the definition of substantial completion of decommissioning. DATES: Written or electronic comments and requests for a public hearing must be received by March 29, 2017. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-112800-16), 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- 112800-16), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically, via the Federal eRulemaking Portal at http://www.regulations.gov/ (IRS REG-112800-16). FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Jennifer C. Bernardini, (202) 317-6853; concerning submissions and to request a hearing, Regina Johnson, (202) 317-6901 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Paperwork Reduction Act There is no new collection of information contained in this notice of proposed rulemaking. The collection of information contained in the regulations under section 468A has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) under control number 1545- 2091. Responses to these collections of information are required to obtain a tax benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the Office of Management and Budget. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by section 6103 of the Code. Background This proposed rulemaking consists of several amendments to the existing regulations under section 468A. Section 468A was originally enacted by section [[Page 95930]] 91(c)(1) of the Deficit Reduction Act of 1984, Public Law 98-369, (98 Stat 604) and has been amended, most recently by section 1310 of the Energy Policy Act of 2005, Public Law 109-58 (119 Stat 594). Temporary regulations (TD 9374) under section 468A were published in the Federal Register for December 31, 2007 (72 FR 74175). Regulations finalizing and removing the temporary regulations (TD 9512) were published in the Federal Register on December 23, 2010 (75 FR 80697). Explanation of Provisions 1. Definition of Nuclear Decommissioning Costs A. Inclusion of Amounts Related to the Storage of Spent Fuel Within Definition of Nuclear Decommissioning Costs Section 468A is intended to allow taxpayers to currently deduct amounts set aside in a qualified fund (Fund) for the purpose of decommissioning a nuclear power plant. The taxpayer must include the amount of any actual or deemed distribution from the Fund in gross income in the year of the distribution, as provided in Sec. 1.468A- 2(d)(1). Taxpayers may then claim an offsetting deduction for amounts spent on decommissioning costs as determined under section 461(h) and other sections. See Sec. 1.468A-2(e). Taxpayers that operate nuclear power plants, whether such plants are currently operating or have ceased operations, must safely store spent fuel. Nuclear fuel assemblies are removed from the reactor and those assemblies are stored in a spent fuel pool for cooling. Subsequently, the spent fuel may be inserted into storage casks and the casks transferred to an on-site Independent Spent Fuel Storage Installation (ISFSI). An ISFSI consists of a concrete storage pad on which the storage casks are placed. Although the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101, et seq, requires the Department of Energy (DOE) to take and dispose of spent nuclear fuel in a permanent geologic repository, no such repository has been established and the government has not yet begun accepting spent fuel. Thus, operators of nuclear power plants must safely store spent fuel in an on-site ISFSI. Existing Sec. 1.468A-1(b)(6) defines nuclear decommissioning costs as including ``all otherwise deductible expenses to be incurred in connection with'' the disposal of certain nuclear assets. Section 1.468A-1(b)(6) continues that ``such term also includes costs incurred in connection with the construction, operation, and ultimate decommissioning of a facility used solely to store, pending acceptance by the government for permanent storage or disposal, spent nuclear fuel generated by the nuclear power plant or plants located on the same site as the storage facility.'' The Treasury Department and the IRS have become aware that there are questions regarding whether ISFSI-related costs for the construction or purchase of assets that would not necessarily qualify as ``otherwise deductible'' expenses under the current regulation are included as nuclear decommissioning costs. The proposed regulations clarify the definition of nuclear decommissioning costs to specifically provide for ISFSI-related costs. B. Inclusion of Amounts for Purchase or Construction of a Depreciable Asset as Part of Decommissioning Process Within Definition of Nuclear Decommissioning Costs Under the existing regulations, questions have arisen as to whether a cost must be currently deductible for that amount to be payable currently from the Fund under the ``otherwise deductible'' language of Sec. 1.468A-1(b)(6). For example, where a depreciable asset is purchased or constructed as part of the decommissioning process (and the asset is not considered abandoned) questions have arisen regarding whether the ``otherwise deductible'' language is satisfied solely by the fact that the property is depreciable or whether the expense is treated as a deductible decommissioning expense only to the extent that depreciation is currently allowed. This raises a timing issue regarding whether a fund may pay for the purchase or construction of a depreciable asset to be used in decommissioning that is not considered abandoned when completed. Under the present regulations, because the asset would be fully depreciable but the cost of the asset is not otherwise deductible, a fund may only pay for the portion of the depreciation allowable in the tax year in which such property is placed in service. The intent of section 468A is to allow owners of nuclear power plants to put amounts in a Fund on a tax-free basis and then to use those amounts and the earnings on those amounts to pay for decommissioning. In order to effectuate that intent, the proposed regulations broaden the definition of nuclear decommissioning costs to include the total cost of depreciable assets by adding the words ``or recoverable through depreciation'' following ``otherwise deductible'' in Sec. 1.468A-1(b)(6). 2. Clarification of the Applicability of the Self-Dealing Rules to Transactions Between the Fund and Related Parties Section 4951 imposes an excise tax on acts of self-dealing between a ``disqualified person'' and a trust described in section 501(c)(21). Section 468A(e)(5) provides that, under regulations prescribed by the Secretary, for purposes of section 4951, the Fund shall be treated in the same manner as a trust described in section 501(c)(21). Section 1.468A-5(b)(1) states that the excise taxes imposed by section 4951 apply to each act of self-dealing between the Fund and a disqualified person. Section 1.468A-5(b)(2) defines ``self-dealing,'' for purposes of Sec. 1.468A-5(b), as any act described in section 4951(d), but provides for some exclusions, including a payment by a Fund for the purpose of satisfying, in whole or in part, the liability of the taxpayer who has elected section 468A and established a Fund (electing taxpayer) for decommissioning costs of the nuclear power plant to which the Fund relates. Section 1.468A-5(b)(3), by reference to section 4951(e)(4) and Sec. 53.4951-1(d), provides that the term ``disqualified person'' includes, with respect to a trust, a contributor to the trust and a trustee of the trust. The IRS has issued several private letter rulings holding that a reimbursement to an electing taxpayer or an unrelated party by a Fund of decommissioning costs, such as severance payments and pre- dismantlement decommissioning costs, is made for the purpose of satisfying the liability of the electing taxpayer for decommissioning costs of the nuclear power plant to which the Fund relates and therefore is not self-dealing. Thus, under these rulings, the reimbursement by a Fund of these costs represents a permissible use of the Funds. To remove any lingering uncertainty, as well as to avoid the burden on taxpayers of filing additional ruling requests on these issues, the proposed regulations clarify that reimbursements of decommissioning costs by the Fund to related parties (including the electing taxpayer) that paid such costs are not an act of self-dealing. However, no amount beyond what is actually paid by the related party, including amounts such as direct or indirect overhead or a reasonable profit element, may be included in the reimbursement by the Fund. 3. Definition of ``Substantial Completion'' in Sec. 1.468A-5(d)(3)(i) Existing Sec. 1.468A-5(d)(3)(i) defines the substantial completion date as ``the [[Page 95931]] date that the maximum acceptable radioactivity levels mandated by the Nuclear Regulatory Commission [NRC] with respect to a decommissioned nuclear power plant are satisfied.'' However, Sec. 1.468A-5(d)(3)(ii) provides that, if a significant portion of the total estimated decommissioning costs are not incurred on or before the substantial completion date, the electing taxpayer may request a ruling that designates a date subsequent to the substantial completion date as the termination date; such later date may be no later than the last day of the third taxable year after the taxable year that includes the substantial completion date. Under certain state and local requirements, the plant operator must return the site of the plant to conditions requiring time beyond that needed to reach the maximum radioactivity level mandated by the NRC. To accommodate these situations without requiring that the taxpayer request a ruling, the proposed regulations amend the definition of ``substantial completion'' to the date on which all Federal, state, local, and contractual decommissioning liabilities are fully satisfied. Proposed Effective/Applicability Date The rules contained in these regulations are proposed to apply to taxable years ending on or after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register. Notwithstanding the prospective effective date, the IRS will not challenge return positions consistent with these proposed regulations for taxable years ending on or after the date these proposed regulations are published. Special Analyses Certain IRS regulations, including these, are exempt from the requirements of Executive Order 12866, as supplemented and affirmed by Executive Order 13563. Therefore, a regulatory assessment is not required. It is hereby certified that these regulations will not have a significant economic impact on a substantial number of small entities. This certification is based on (1) the fact that the rules in these proposed regulations primarily affect owners of nuclear power plants which are not small entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601) and (2) the proposed regulations do not impose a collection of information on small entities. Accordingly, a Regulatory Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. 601) is not required. We request comment on the accuracy of this certification. Pursuant to section 7805(f) of the Code, these 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 comments (a signed original and eight (8) copies) or electronically generated comments that are submitted timely to the IRS. The Treasury Department and the IRS generally request comments on the clarity of the proposed rule and how it may be made easier to understand. All comments will be available for public inspection and copying. A public hearing may be scheduled if requested in writing by a person who timely submits comments. If a public hearing is scheduled, notice of the date, time, and place for the hearing will be published in the Federal Register. Drafting Information The principal author of these regulations is Jennifer C. Bernardini, Office of Associate Chief Counsel (Passthroughs and Special Industries). However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. 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 Sec. 1.468A-1 is amended by revising paragraph (b)(6) to read as follows: Sec. 1.468A-1 Nuclear decommissioning costs; general rules. * * * * * (b) * * * (6)(i) The term nuclear decommissioning costs or decommissioning costs includes all otherwise deductible expenses to be incurred in connection with the entombment, decontamination, dismantlement, removal and disposal of the structures, systems and components of a nuclear power plant, whether that nuclear power plant will continue to produce electric energy or has permanently ceased to produce electric energy. Such term includes all otherwise deductible expenses to be incurred in connection with the preparation for decommissioning, such as engineering and other planning expenses, and all otherwise deductible expenses to be incurred with respect to the plant after the actual decommissioning occurs, such as physical security and radiation monitoring expenses. An expense is otherwise deductible for purposes of this paragraph (b)(6) if it would be deductible or recoverable through depreciation or amortization under chapter 1 of the Internal Revenue Code without regard to section 280B. (ii) The term nuclear decommissioning costs or decommissioning costs also includes costs incurred in connection with the construction, operation, and ultimate decommissioning of a facility used solely to store, pending delivery to a permanent repository or disposal, spent nuclear fuel generated by the nuclear power plant or plants located on the same site as the storage facility (for example, an Independent Spent Fuel Storage Installation). Such term does not include otherwise deductible expenses to be incurred in connection with the disposal of spent nuclear fuel under the Nuclear Waste Policy Act of 1982 (Pub. L. 97-425). * * * * * 0 Par. 3. Paragraph Sec. 1.468A-5 is amended by revising the heading and paragraphs (b)(2)(i) and (d)(3)(i) to read as follows: Sec. 1.468A-5 Nuclear decommissioning fund--miscellaneous provisions. * * * * * (b) * * * (2) * * * (i) A payment by a nuclear decommissioning fund for the purpose of satisfying, in whole or in part, the liability of the electing taxpayer for decommissioning costs of the nuclear power plant to which the nuclear decommissioning fund relates, whether such payment is made to an unrelated party in satisfaction of the decommissioning liability or to the plant operator or other otherwise disqualified person as reimbursement solely for actual expenses paid by such person in satisfaction of the decommissioning liability; * * * * * (d) * * * (3) * * * (i) The substantial completion of the decommissioning of a nuclear power [[Page 95932]] plant occurs on the date on which all Federal, state, local, and contractual decommissioning requirements are fully satisfied (the substantial completion date). Except as otherwise provided in paragraph (d)(3)(ii) of this section, the substantial completion date is also the termination date. * * * * * John Dalrymple, Deputy Commissioner for Services and Enforcement. [FR Doc. 2016-31205 Filed 12-28-16; 8:45 am] BILLING CODE 4830-01-P
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after the transition period can be made mortality tables used pursuant to amounts in those trusts to
using a shorter experience study period § 1.430(h)(3)–1(a)(3) are permitted to be decommission nuclear plants. The
than would otherwise be permitted used for a multiemployer plan for this proposed regulations revise certain
under paragraph (c)(2)(iii)(B) of this purpose. However, for this purpose, provisions to: Address issues that have
section, provided that the experience substitute mortality tables under arisen as more nuclear plants have
study period begins with the date the § 1.430(h)(3)–2 are not permitted to be begun the decommissioning process;
plan becomes maintained within the used for a multiemployer plan. and clarify provisions in the current
sponsor’s controlled group and ends not (b) Effective/applicability date. This regulations regarding self-dealing and
more than one year and one day before section applies for plan years beginning the definition of substantial completion
the first day of the plan year. on or after January 1, 2018. For rules of decommissioning.
(iii) Demonstration relating to credible that apply to plan years beginning DATES: Written or electronic comments
mortality experience. If the experience before January 1, 2018 and on or after and requests for a public hearing must
study for a newly affiliated plan January 1, 2008, see § 1.431(c)(6)–1 (as be received by March 29, 2017.
excludes mortality experience data for contained in 26 CFR part 1 revised April ADDRESSES: Send submissions to:
the period prior to the date the plan 1, 2015). CC:PA:LPD:PR (REG–112800–16), Room
becomes maintained by a member of the ■ Par. 5. Section 1.433(h)(3)–1 is added 5203, Internal Revenue Service, P.O.
new plan sponsor’s controlled group to read as follows: Box 7604, Ben Franklin Station,
and the plan fails to demonstrate that it
§ 1.433(h)(3)–1 Mortality tables used to Washington, DC 20044. Submissions
does not have credible mortality
determine current liability. may be hand delivered Monday through
information for the plan year under the
(a) Mortality tables used to determine Friday between the hours of 8 a.m. and
rules of paragraph (f)(3)(ii) of this
current liability. In accordance with 4 p.m. to: CC:PA:LPD:PR (REG–112800–
section, then other plans within the
section 433(h)(3)(B), the mortality 16), Courier’s Desk, Internal Revenue
controlled group can continue to use
assumptions that apply to a defined Service, 1111 Constitution Avenue NW.,
substitute mortality tables only if
benefit plan for the plan year pursuant Washington, DC, or sent electronically,
substitute mortality tables are used for
to section 430(h)(3)(A) and via the Federal eRulemaking Portal at
the newly affiliated plan the plan year.
§ 1.430(h)(3)–1(a) are used to determine http://www.regulations.gov/ (IRS REG–
In such a case, the experience study
a CSEC plan’s current liability for 112800–16).
period can be a shorter period than the
purposes of applying the rules of section FOR FURTHER INFORMATION CONTACT:
period in paragraph (d)(2) of this
section, provided that the period is at 433(c)(7)(C). Either the static mortality Concerning the regulations, Jennifer C.
least one year. tables used pursuant to § 1.430(h)(3)– Bernardini, (202) 317–6853; concerning
(4) Definition of newly affiliated plan. 1(a)(3) or generational mortality tables submissions and to request a hearing,
For purposes of this paragraph (f), a used pursuant to § 1.430(h)(3)–1(a)(2) Regina Johnson, (202) 317–6901 (not
plan is treated as a newly affiliated plan are permitted to be used for a CSEC plan toll-free numbers).
if it becomes maintained by the plan for this purpose, but substitute mortality SUPPLEMENTARY INFORMATION:
sponsor (or by a member of the plan tables under § 1.430(h)(3)–2 are not Paperwork Reduction Act
sponsor’s controlled group) in permitted to be used for this purpose.
connection with a merger, acquisition, (b) Effective/applicability date. This There is no new collection of
or similar transaction described in section applies for plan years beginning information contained in this notice of
§ 1.410(b)–2(f). A plan also is treated as on or after January 1, 2018. proposed rulemaking. The collection of
a newly affiliated plan for purposes of information contained in the regulations
John Dalrymple, under section 468A has been reviewed
this section if the plan is established in
Deputy Commissioner for Services and and approved by the Office of
connection with a transfer of assets and Enforcement.
liabilities from another employer’s plan Management and Budget in accordance
[FR Doc. 2016–30906 Filed 12–28–16; 8:45 am] with the Paperwork Reduction Act of
in connection with a merger,
acquisition, or similar transaction BILLING CODE 4830–01–P 1995 (44 U.S.C. 3507(d)) under control
described in § 1.410(b)–2(f). number 1545–2091. Responses to these
(g) Effective/applicability date. This collections of information are required
DEPARTMENT OF THE TREASURY to obtain a tax benefit.
section applies for plan years beginning
on or after January 1, 2018, and any An agency may not conduct or
Internal Revenue Service sponsor, and a person is not required to
substitute mortality table used for a plan
for such a plan year must comply with respond to, a collection of information
26 CFR Part 1 unless it displays a valid control
the rules of this section.
■ Par. 4. Section 1.431(c)(6)–1 is revised [REG–112800–16] number assigned by the Office of
to read as follows: Management and Budget.
RIN 1545–BN42
Books or records relating to a
§ 1.431(c)(6)–1 Mortality tables used to collection of information must be
determine current liability.
Nuclear Decommissioning Funds
retained as long as their contents may
(a) Mortality tables used to determine AGENCY: Internal Revenue Service (IRS), become material in the administration
current liability. The mortality Treasury. of any internal revenue law. Generally,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
assumptions that apply to a defined ACTION: Notice of proposed rulemaking. tax returns and tax return information
benefit plan for the plan year pursuant are confidential, as required by section
to section 430(h)(3)(A) and SUMMARY: This document provides 6103 of the Code.
§ 1.430(h)(3)–1(a) are used to determine proposed changes to the regulations
a multiemployer plan’s current liability under section 468A of the Internal Background
for purposes of applying the rules of Revenue Code of 1986 (Code) relating to This proposed rulemaking consists of
section 431(c)(6). Either the generational deductions for contributions to trusts several amendments to the existing
mortality tables used pursuant to maintained for decommissioning regulations under section 468A. Section
§ 1.430(h)(3)–1(a)(2) or the static nuclear power plants and the use of the 468A was originally enacted by section
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date that the maximum acceptable these regulations have been submitted nuclear power plant will continue to
radioactivity levels mandated by the to the Chief Counsel for Advocacy of the produce electric energy or has
Nuclear Regulatory Commission [NRC] Small Business Administration for permanently ceased to produce electric
with respect to a decommissioned comment on their impact on small energy. Such term includes all
nuclear power plant are satisfied.’’ business. otherwise deductible expenses to be
However, § 1.468A–5(d)(3)(ii) provides incurred in connection with the
that, if a significant portion of the total Comments and Requests for a Public preparation for decommissioning, such
estimated decommissioning costs are Hearing as engineering and other planning
not incurred on or before the substantial Before these proposed regulations are expenses, and all otherwise deductible
completion date, the electing taxpayer adopted as final regulations, expenses to be incurred with respect to
may request a ruling that designates a consideration will be given to any the plant after the actual
date subsequent to the substantial written comments (a signed original and decommissioning occurs, such as
completion date as the termination date; eight (8) copies) or electronically physical security and radiation
such later date may be no later than the generated comments that are submitted monitoring expenses. An expense is
last day of the third taxable year after timely to the IRS. The Treasury otherwise deductible for purposes of
the taxable year that includes the Department and the IRS generally this paragraph (b)(6) if it would be
substantial completion date. Under request comments on the clarity of the deductible or recoverable through
certain state and local requirements, the proposed rule and how it may be made depreciation or amortization under
plant operator must return the site of the easier to understand. All comments will chapter 1 of the Internal Revenue Code
plant to conditions requiring time be available for public inspection and without regard to section 280B.
beyond that needed to reach the copying. A public hearing may be (ii) The term nuclear
maximum radioactivity level mandated scheduled if requested in writing by a decommissioning costs or
by the NRC. To accommodate these person who timely submits comments. decommissioning costs also includes
situations without requiring that the If a public hearing is scheduled, notice costs incurred in connection with the
taxpayer request a ruling, the proposed of the date, time, and place for the construction, operation, and ultimate
regulations amend the definition of hearing will be published in the Federal decommissioning of a facility used
‘‘substantial completion’’ to the date on Register. solely to store, pending delivery to a
which all Federal, state, local, and permanent repository or disposal, spent
contractual decommissioning liabilities Drafting Information nuclear fuel generated by the nuclear
are fully satisfied. The principal author of these power plant or plants located on the
regulations is Jennifer C. Bernardini, same site as the storage facility (for
Proposed Effective/Applicability Date
Office of Associate Chief Counsel example, an Independent Spent Fuel
The rules contained in these (Passthroughs and Special Industries). Storage Installation). Such term does not
regulations are proposed to apply to However, other personnel from the IRS include otherwise deductible expenses
taxable years ending on or after the date and Treasury Department participated to be incurred in connection with the
of publication of the Treasury decision in their development. disposal of spent nuclear fuel under the
adopting these rules as final regulations Nuclear Waste Policy Act of 1982 (Pub.
in the Federal Register. List of Subjects in 26 CFR Part 1
L. 97–425).
Notwithstanding the prospective Income taxes, Reporting and * * * * *
effective date, the IRS will not challenge recordkeeping requirements. ■ Par. 3. Paragraph § 1.468A–5 is
return positions consistent with these amended by revising the heading and
proposed regulations for taxable years Proposed Amendments to the
Regulations paragraphs (b)(2)(i) and (d)(3)(i) to read
ending on or after the date these as follows:
proposed regulations are published. Accordingly, 26 CFR part 1 is
proposed to be amended as follows: § 1.468A–5 Nuclear decommissioning
Special Analyses fund—miscellaneous provisions.
Certain IRS regulations, including PART 1—INCOME TAXES * * * * *
these, are exempt from the requirements (b) * * *
of Executive Order 12866, as ■ Paragraph 1. The authority citation (2) * * *
supplemented and affirmed by for part 1 continues to read in part as (i) A payment by a nuclear
Executive Order 13563. Therefore, a follows: decommissioning fund for the purpose
regulatory assessment is not required. It Authority: 26 U.S.C. 7805 * * * of satisfying, in whole or in part, the
is hereby certified that these regulations ■ Par. 2. Section § 1.468A–1 is amended liability of the electing taxpayer for
will not have a significant economic by revising paragraph (b)(6) to read as decommissioning costs of the nuclear
impact on a substantial number of small follows: power plant to which the nuclear
entities. This certification is based on decommissioning fund relates, whether
(1) the fact that the rules in these § 1.468A–1 Nuclear decommissioning such payment is made to an unrelated
proposed regulations primarily affect costs; general rules. party in satisfaction of the
owners of nuclear power plants which * * * * * decommissioning liability or to the
are not small entities as defined by the (b) * * * plant operator or other otherwise
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Regulatory Flexibility Act (5 U.S.C. 601) (6)(i) The term nuclear disqualified person as reimbursement
and (2) the proposed regulations do not decommissioning costs or solely for actual expenses paid by such
impose a collection of information on decommissioning costs includes all person in satisfaction of the
small entities. Accordingly, a Regulatory otherwise deductible expenses to be decommissioning liability;
Flexibility Analysis under the incurred in connection with the * * * * *
Regulatory Flexibility Act (5 U.S.C. 601) entombment, decontamination, (d) * * *
is not required. We request comment on dismantlement, removal and disposal of (3) * * *
the accuracy of this certification. the structures, systems and components (i) The substantial completion of the
Pursuant to section 7805(f) of the Code, of a nuclear power plant, whether that decommissioning of a nuclear power
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plant occurs on the date on which all shown in FOR FURTHER INFORMATION additional information we receive. Such
Federal, state, local, and contractual CONTACT by February 13, 2017. communications may lead to a final rule
decommissioning requirements are fully ADDRESSES: Written comments: You may that differs from this proposal. All
satisfied (the substantial completion submit comments by one of the comments, including commenters’
date). Except as otherwise provided in following methods: names and addresses, if provided to us,
paragraph (d)(3)(ii) of this section, the (1) Electronically: Go to the Federal will become part of the supporting
substantial completion date is also the eRulemaking Portal: http:// record.
termination date. www.regulations.gov. In the Search box, We are specifically requesting
* * * * * enter FWS–R2–ES–2016–0130, which is comments on:
the docket number for this rulemaking. (1) New information on the historical
John Dalrymple, Then, click on the Search button. On the and current status, range, distribution,
Deputy Commissioner for Services and resulting page, in the Search panel on and population size of the Tobusch
Enforcement. the left side of the screen, under the fishhook cactus, including the locations
[FR Doc. 2016–31205 Filed 12–28–16; 8:45 am] Document Type heading, click on the of any additional populations.
BILLING CODE 4830–01–P Proposed Rules link to locate this (2) New information on the known
document. You may submit a comment and potential threats to the Tobusch
by clicking on ‘‘Comment Now!’’ fishhook cactus.
DEPARTMENT OF THE INTERIOR (2) By hard copy: Submit by U.S. mail (3) New information regarding the life
or hand-delivery to: Public Comments history, ecology, and habitat use of the
Fish and Wildlife Service Processing, Attn: FWS–R2–ES–2016– Tobusch fishhook cactus.
0130, U.S. Fish and Wildlife Service, Please note that submissions merely
50 CFR Part 17 MS: BPHC, 5275 Leesburg Pike, Falls stating support for or opposition to the
Church, VA 22041–3803. action under consideration without
[Docket No. FWS–R2–ES–2016–0130; providing supporting information,
FXES11130900000 178 FF09E42000] We request that you send comments
only by the methods described above. although noted, will not be considered
RIN 1018–BB90 We will post all comments on http:// in making a determination, as section
www.regulations.gov. This generally 4(b)(1)(A) of the Act (16 U.S.C. 1531 et
Endangered and Threatened Wildlife means that we will post any personal seq.) directs that determinations as to
and Plants; Reclassifying the Tobusch information you provide us (see Public whether any species is an endangered or
Fishhook Cactus From Endangered to Comments, below, for more threatened species must be made
Threatened on the Federal List of information). ‘‘solely on the basis of the best scientific
Endangered and Threatened Plants Copies of Documents: This proposed and commercial data available.’’
rule and supporting documents are You may submit your comments and
AGENCY: Fish and Wildlife Service, materials concerning the proposed rule
Interior. available on http://www.regulations.gov.
In addition, the supporting file for this by one of the methods listed in
ACTION: Proposed rule and 12-month ADDRESSES. Comments must be
proposed rule will be available for
petition finding; request for comments. submitted to http://www.regulations.gov
public inspection, by appointment,
during normal business hours, at the before 11:59 p.m. (Eastern Time) on the
SUMMARY: Under the authority of the
Austin Ecological Services Field Office, date specified in DATES. We will not
Endangered Species Act of 1973, as
10711 Burnet Rd., Suite 200, Austin, TX consider hand-delivered comments that
amended (Act), we, the U.S. Fish and
78727; telephone 512–490–0057. we do not receive, or mailed comments
Wildlife Service (Service), propose to
FOR FURTHER INFORMATION CONTACT: that are not postmarked, by the date
reclassify the Tobusch fishhook cactus
Adam Zerrenner, Field Supervisor, U.S. specified in DATES.
(Sclerocactus brevihamatus ssp. We will post your entire comment—
tobuschii; currently listed as Fish and Wildlife Service, Austin
Ecological Services Field Office, 10711 including your personal identifying
Ancistrocactus tobuschii) from information—on http://
endangered to threatened on the Federal Burnet Rd., Suite 200, Austin, TX
78727; telephone 512–490–0057; or www.regulations.gov. If you provide
List of Endangered and Threatened personal identifying information in your
Plants (List). This determination is facsimile 512–490–0974. Persons who
use a telecommunications device for the comment, you may request at the top of
based on a thorough review of the best your document that we withhold this
available scientific and commercial deaf (TDD) may call the Federal
Information Relay Service (FIRS) at information from public review.
information, which indicates that the However, we cannot guarantee that we
threats to this plant have been reduced 800–877–8339.
will be able to do so.
to the point that it no longer meets the SUPPLEMENTARY INFORMATION: Comments and materials we receive,
definition of endangered under the Act, as well as supporting documentation we
Information Requested
but may still become endangered within used in preparing this proposed rule,
the foreseeable future. This document Public Comments will be available for public inspection
also serves as the 12-month finding on We want any final rule resulting from on http://www.regulations.gov, or by
a petition to reclassify this plant from this proposal to be as effective as appointment, during normal business
endangered to threatened. possible. Therefore, we invite tribal and hours at the U.S. Fish and Wildlife
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
DATES: We will accept comments governmental agencies, the scientific Service, Austin Ecological Services
received or postmarked on or before community, industry, and other Field Office (see FOR FURTHER
February 27, 2017. Please note that if interested parties to submit comments INFORMATION CONTACT).
you are using the Federal eRulemaking or recommendations concerning any
Portal (see ADDRESSES), the deadline for aspect of this proposed rule. Comments Public Hearing
submitting an electronic comment is should be as specific as possible. Section 4(b)(5)(E) of the Act provides
11:59 p.m. Eastern Time on this date. To issue a final rule to implement this for one or more public hearings on this
We must receive requests for public proposed action, we will take into proposed rule, if requested. We must
hearings, in writing, at the address consideration all comments and any receive requests for public hearings, in
VerDate Sep<11>2014 16:34 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\29DEP1.SGM 29DEP1](https://thefederalregister.org/doc/81_FR_96179/page/4.svg)
Document Created: 2016-12-29 01:58:47
Document Modified: 2016-12-29 01:58:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Written or electronic comments and requests for a public hearing must be received by March 29, 2017. | |
| Contact | Concerning the regulations, Jennifer C. Bernardini, (202) 317-6853; concerning submissions and to request a hearing, Regina Johnson, (202) 317-6901 (not toll-free numbers). | |
| FR Citation | 81 FR 95929 | |
| RIN Number | 1545-BN42 | |
| CFR Associated | Income Taxes and Reporting and Recordkeeping Requirements |
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