83_FR_10860 83 FR 10811 - Disclosure of Returns and Return Information in Connection With Written Contracts or Agreements for the Acquisition of Property or Services for Tax Administration Purposes

83 FR 10811 - Disclosure of Returns and Return Information in Connection With Written Contracts or Agreements for the Acquisition of Property or Services for Tax Administration Purposes

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 83, Issue 49 (March 13, 2018)

Page Range10811-10813
FR Document2018-04971

This document contains proposed regulations under section 6103(n) of the Internal Revenue Code (Code) to authorize the Department of State to disclose returns and return information to its contractors who assist the Department of State in carrying out its responsibilities under section 32101 of the Fixing America's Surface Transportation (FAST) Act. The FAST Act requires the IRS to notify the Department of State of certified seriously delinquent tax debts, and the Department of State procures services from outside contractors in connection with carrying out its responsibilities under the FAST Act.

Federal Register, Volume 83 Issue 49 (Tuesday, March 13, 2018)
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Proposed Rules]
[Pages 10811-10813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04971]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[REG-129260-16]
RIN 1545-BN96


Disclosure of Returns and Return Information in Connection With 
Written Contracts or Agreements for the Acquisition of Property or 
Services for Tax Administration Purposes

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This document contains proposed regulations under section 
6103(n) of the Internal Revenue Code (Code) to authorize the Department 
of State to disclose returns and return information to its contractors 
who assist the Department of State in carrying out its responsibilities 
under section 32101 of the Fixing America's Surface Transportation 
(FAST) Act. The FAST Act requires the IRS to notify the Department of 
State of certified seriously delinquent tax debts, and the Department 
of State procures services from outside contractors in connection with 
carrying out its responsibilities under the FAST Act.

DATES: Written and electronic comments and requests for a public 
hearing must be received by April 12, 2018.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-129260-16), Room 
5207, 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 8:00 a.m. and 4:00 p.m. to CC:PA:LPD:PR 
(REG-129260-16), Courier's Desk, Internal Revenue Service, 1111 
Constitution Avenue NW, Washington, DC 20224. Alternatively, taxpayers 
may submit comments electronically via the Federal eRulemaking Portal 
at www.regulations.gov (IRS REG-129260-16).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Brittany Harrison of the Office of Associate Chief Counsel (Procedure 
and Administration), (202) 317-6833; concerning the submission of 
comments and requests for a public hearing, Regina Johnson, (202) 317-
6901 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background and Explanation of Provisions

    This document contains proposed amendments to the Procedure and 
Administration Regulations (26 CFR part 301) under section 6103(n) of 
the Code. On December 4, 2015, the FAST Act, Public Law 114-94, 129 
Stat. 1312, was enacted into law. Section 32101 of the FAST Act adds 
section 7345 to the Internal Revenue Code. Section 7345 requires the 
IRS to notify the Department of State of tax debts that the IRS 
certifies as seriously delinquent. Section 7345(b) generally defines a 
seriously delinquent tax debt as an unpaid, legally enforceable Federal 
tax liability of an individual that has been assessed, is greater than 
$50,000 (as indexed for inflation), and with respect to which a notice 
of lien has been filed pursuant to section 6323 and the administrative 
rights under section 6320 with respect to such filing have been 
exhausted or have lapsed, or a levy has been made pursuant to section 
6331. Section 32101 of the FAST Act generally requires the Department 
of State to deny a passport (or the renewal of a passport) in the case 
of an individual if notified by the IRS that the individual has been 
certified as having a seriously delinquent tax debt and permits the 
Department of State to revoke a passport previously issued to such 
person.
    Under section 6103(a) of the Code, returns and return information 
are confidential unless the Code otherwise authorizes disclosure. The 
FAST Act added section 6103(k)(11), which provides that, upon 
certification under section 7345, the IRS is authorized to disclose 
return information to the Department of State with respect to a 
taxpayer who has a seriously delinquent tax debt. Specifically, upon 
certification under section 7345, section 6103(k)(11)(A) authorizes the 
IRS to disclose to officers and employees of the Department of State 
(i) the taxpayer identity information with respect to the certified 
taxpayer and (ii) the amount of such seriously delinquent tax debt. 
Section 6103(k)(11)(A). Section 6103(k)(11)(B) limits the use of return 
information disclosed under subparagraph (A) for the purposes of, and 
to the extent necessary in, carrying out the requirements of section 
32101 of the FAST Act.

[[Page 10812]]

    The Department of State engages contractors to assist in carrying 
out its responsibilities with respect to passports, including 
responsibilities related to implementation of section 32101 of the FAST 
Act. Because such contractors are not ``officers and employees'' of the 
Department of State, section 6103(k)(11) of the Code does not authorize 
the disclosure of return information to such contractors.
    Section 6103(n) of the Code authorizes, pursuant to regulations 
prescribed by the Secretary, the disclosure of returns and return 
information to any person for purposes of tax administration to the 
extent necessary in connection with, among other things, a written 
contract for services. The definition of the term ``tax 
administration'' includes ``the administration, management, conduct, 
direction, and supervision of the execution and application of the 
internal revenue laws or related statutes. . . .'' Section 6103(b)(4). 
Because implementation of the FAST Act relates to the administration, 
management, conduct, direction, and supervision of the execution and 
application of the internal revenue laws and related statutes, 
disclosure of return information for the purpose of carrying out 
responsibilities under the FAST Act is a tax administration purpose.
    The Treasury regulations provide that, pursuant to the provisions 
of section 6103(n) of the Code and subject to certain conditions, 
officers and employees of the Treasury Department, a State tax agency, 
the Social Security Administration, or the Department of Justice are 
authorized to disclose returns and return information to any person or 
to an officer or employee of the person, for purposes of tax 
administration (as defined in section 6103(b)(4)), to the extent 
necessary in connection with a written contract or an agreement for the 
acquisition of the providing of services. Section 301.6103(n)-1(a)(1). 
Any person, or officer or employee of the person, who receives such 
disclosed returns or return information may further disclose the 
returns or return information to its own officers or employees whose 
duties or responsibilities require such information in order to provide 
the services. Section 301.6103(n)-1(a)(2)(i). When authorized in 
writing by the IRS, such person, or officer or employee of the person, 
may further disclose such information to the extent necessary to 
provide services, including to its agents or subcontractors (or such 
agents' or subcontractors' officers or employees). Section 301.6103(n)-
1(a)(2)(ii). Agents or subcontractors (or their officers or employees) 
who receive such returns or return information may further disclose the 
returns or return information to their officers or employees whose 
duties or responsibilities require the returns or return information 
for a purpose described in Sec.  301.6103(n)-1(a). Section 301.6103(n)-
1(a)(3). The regulations under section 6103(n) of the Code provide a 
number of rules related to limitations on such disclosures, penalties 
potentially applicable to recipients of returns and return information, 
notification requirements applicable to recipients of returns and 
return information, and safeguards requirements. See section 
301.6103(n)-1(b), -1(c), -1(d), -1(e).
    These proposed regulations add the Department of State to the list 
of agencies in current Sec.  301.6103(n)-1(a)(1) whose officers and 
employees may disclose returns and return information to any person or 
to an officer or employee of such person for tax administration 
purposes to the extent necessary in connection with a written contract 
for the acquisition of property or services. These proposed regulations 
authorize the Department of State to disclose returns and return 
information to its contractors providing services in connection with 
the revocation or denial of passports pursuant to the requirements of 
section 7345 and the FAST Act.

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.
    The purpose of these regulations is to allow the Department of 
State to share tax return information with its contractors for tax 
administration purposes. As a recipient of tax return information, the 
Department of State is required to comply with the reporting and other 
requirements under section 6103(p)(4). The Department of State is also 
responsible for the training and inspection of its contractors and 
ensuring that all safeguarding standards are met. These proposed 
regulations do not impose a reporting burden on the Department of 
State's contractors and will not require the contractors to file 
information with the IRS. Because the proposed regulations do not 
impose a collection of information on entities other than the 
Department of State, they do not impose a collection of information on 
small entities. Accordingly, it is hereby certified that these 
regulations will not have a significant economic impact on a 
substantial number of small entities. Accordingly, a regulatory 
flexibility analysis is not required under the Regulatory Flexibility 
Act (5 U.S.C. chapter 6).
    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 Public Hearing

    Before the regulations proposed herein are adopted as final 
regulations, consideration will be given to any electronic and written 
comments that are submitted timely to the IRS as prescribed in this 
preamble under the ADDRESSES heading. The Treasury Department and the 
IRS request comments on all aspects of the proposed regulations. All 
comments submitted will be made available at www.regulations.gov or 
upon request. A public hearing may be scheduled if requested in writing 
by a person that timely submits written comments. If a public hearing 
is scheduled, notice of the date, time, and place of the hearing will 
be published in the Federal Register.

Drafting Information

    The principal author of these proposed regulations is Brittany 
Harrison of the Office of the Associate Chief Counsel (Procedure and 
Administration).

List of Subjects in 26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 301 is proposed to be amended as follows:

PART 301--PROCEDURE AND ADMINISTRATION

0
Paragraph 1. The authority citation for part 301 continues to read in 
part as follows:

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

0
Par. 2. Sections 6103(n)-1(a)(1) and (e)(4)(i) are amended by removing 
the language ``or the Department of Justice'' and adding the language 
``the Department of Justice, or the Department of State'' in its place.
0
Par. 3. Section 301.6103(n)-1(g) is amended to read as follows:

[[Page 10813]]

    (g) Applicability date. This section is applicable on June 5, 2007, 
except that paragraphs (a) and (e)(4)(i) of this section apply to the 
Department of State on or after March 12, 2018.

Kirsten Wielobob,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2018-04971 Filed 3-12-18; 8:45 am]
BILLING CODE 4830-01-P



                                                                       Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Proposed Rules                                           10811

                                               serviceable pre MOD 3/1010 wing strut bolt                 Issued in Kansas City, Missouri, on March          Administration), (202) 317–6833;
                                               that has been inspected following paragraph             6, 2018.                                              concerning the submission of comments
                                               A of Viking DHC–3 Otter SB Number: V3/                  Pat Mullen,                                           and requests for a public hearing,
                                               0006, Revision B, dated March 9, 2017.                  Acting Deputy Director, Policy & Innovation           Regina Johnson, (202) 317–6901 (not
                                                  (3) After the effective date of this AD, pre         Division, Aircraft Certification Service.             toll-free numbers).
                                               MOD 3/1010 bolts may continue to be used
                                                                                                       [FR Doc. 2018–05012 Filed 3–12–18; 8:45 am]           SUPPLEMENTARY INFORMATION:
                                               provided these bolts are inspected for pitting
                                               immediately before installation following               BILLING CODE 4910–13–P
                                                                                                                                                             Background and Explanation of
                                               paragraph A of the Accomplishment
                                               Instructions of Viking DHC–3 Otter SB
                                                                                                                                                             Provisions
                                               Number: V3/0006, Revision B, dated March                DEPARTMENT OF THE TREASURY                               This document contains proposed
                                               9, 2017, and the accomplishment of the                                                                        amendments to the Procedure and
                                               inspection must be documented in the                    Internal Revenue Service                              Administration Regulations (26 CFR
                                               airplane maintenance records.                                                                                 part 301) under section 6103(n) of the
                                               (g) Credit for Actions Accomplished in                  26 CFR Part 301                                       Code. On December 4, 2015, the FAST
                                               Accordance With Previous Service                                                                              Act, Public Law 114–94, 129 Stat. 1312,
                                               Information                                             [REG–129260–16]
                                                                                                                                                             was enacted into law. Section 32101 of
                                                  This AD allows credit for the actions                RIN 1545–BN96                                         the FAST Act adds section 7345 to the
                                               required in paragraph (f)(1) or (2) of this AD                                                                Internal Revenue Code. Section 7345
                                               if done before the effective date of this AD            Disclosure of Returns and Return                      requires the IRS to notify the
                                               following SB Viking DHC–3 Otter V3/0006                 Information in Connection With Written                Department of State of tax debts that the
                                               Revision NC or A.                                       Contracts or Agreements for the                       IRS certifies as seriously delinquent.
                                               (h) Other FAA AD Provisions                             Acquisition of Property or Services for               Section 7345(b) generally defines a
                                                                                                       Tax Administration Purposes                           seriously delinquent tax debt as an
                                                 The following provisions also apply to this
                                               AD:                                                                                                           unpaid, legally enforceable Federal tax
                                                                                                       AGENCY: Internal Revenue Service (IRS),
                                                 (1) Alternative Methods of Compliance                                                                       liability of an individual that has been
                                                                                                       Treasury.
                                               (AMOCs): The Manager, New York ACO                                                                            assessed, is greater than $50,000 (as
                                                                                                       ACTION: Notice of proposed rulemaking.                indexed for inflation), and with respect
                                               Branch, FAA, has the authority to approve
                                               AMOCs for this AD, if requested using the               SUMMARY:   This document contains                     to which a notice of lien has been filed
                                               procedures found in 14 CFR 39.19. Send
                                                                                                       proposed regulations under section                    pursuant to section 6323 and the
                                               information to ATTN: Aziz Ahmed,                                                                              administrative rights under section 6320
                                               Aerospace Engineer, FAA, New York ACO                   6103(n) of the Internal Revenue Code
                                                                                                       (Code) to authorize the Department of                 with respect to such filing have been
                                               Branch, 1600 Stewart Avenue, Suite 410,                                                                       exhausted or have lapsed, or a levy has
                                               Westbury, New York 11590; telephone: (516)              State to disclose returns and return
                                                                                                       information to its contractors who assist             been made pursuant to section 6331.
                                               287–7329; fax: (516) 794–5531; email:
                                                                                                       the Department of State in carrying out               Section 32101 of the FAST Act
                                               aziz.ahmed@faa.gov. Before using any
                                               approved AMOC on any airplane to which                  its responsibilities under section 32101              generally requires the Department of
                                               the AMOC applies, notify your appropriate               of the Fixing America’s Surface                       State to deny a passport (or the renewal
                                               principal inspector (PI) in the FAA Flight              Transportation (FAST) Act. The FAST                   of a passport) in the case of an
                                               Standards District Office (FSDO), or lacking            Act requires the IRS to notify the                    individual if notified by the IRS that the
                                               a PI, your local FSDO.
                                                                                                       Department of State of certified                      individual has been certified as having
                                                 (2) Contacting the Manufacturer: For any
                                                                                                       seriously delinquent tax debts, and the               a seriously delinquent tax debt and
                                               requirement in this AD to obtain corrective                                                                   permits the Department of State to
                                               actions from a manufacturer, the action must            Department of State procures services
                                                                                                       from outside contractors in connection                revoke a passport previously issued to
                                               be accomplished using a method approved                                                                       such person.
                                               by the Manager, New York ACO Branch,                    with carrying out its responsibilities
                                               FAA; or Transport Canada; or Viking Air                 under the FAST Act.                                      Under section 6103(a) of the Code,
                                               Limited’s Transport Canada Design                                                                             returns and return information are
                                                                                                       DATES: Written and electronic comments
                                               Organization Approval (DOA). If approved by                                                                   confidential unless the Code otherwise
                                                                                                       and requests for a public hearing must                authorizes disclosure. The FAST Act
                                               the DOA, the approval must include the
                                                                                                       be received by April 12, 2018.                        added section 6103(k)(11), which
                                               DOA-authorized signature.
                                                                                                       ADDRESSES: Send submissions to:                       provides that, upon certification under
                                               (i) Related Information                                 CC:PA:LPD:PR (REG–129260–16), Room                    section 7345, the IRS is authorized to
                                                  Refer to MCAI Transport Canada AD                    5207, Internal Revenue Service, P.O.                  disclose return information to the
                                               Number CF–2017–11, dated March 9, 2017,                 Box 7604, Ben Franklin Station,                       Department of State with respect to a
                                               for related information. You may examine the            Washington, DC 20044. Submissions
                                               MCAI on the internet at http://
                                                                                                                                                             taxpayer who has a seriously delinquent
                                                                                                       may be hand delivered Monday through                  tax debt. Specifically, upon certification
                                               www.regulations.gov by searching for and
                                                                                                       Friday between the hours of 8:00 a.m.                 under section 7345, section
                                               locating Docket No. FAA–2018–0189. For
                                               service information related to this AD,                 and 4:00 p.m. to CC:PA:LPD:PR (REG–                   6103(k)(11)(A) authorizes the IRS to
                                               contact Viking Air Limited Technical                    129260–16), Courier’s Desk, Internal                  disclose to officers and employees of the
                                               Support, 1959 De Havilland Way, Sidney,                 Revenue Service, 1111 Constitution                    Department of State (i) the taxpayer
                                               British Columbia, Canada, V8L 5V5;                      Avenue NW, Washington, DC 20224.                      identity information with respect to the
                                               telephone: (North America) (800) 663–8444;              Alternatively, taxpayers may submit                   certified taxpayer and (ii) the amount of
                                               fax: (250) 656–0673; email:                             comments electronically via the Federal
amozie on DSK30RV082PROD with PROPOSALS




                                                                                                                                                             such seriously delinquent tax debt.
                                               technical.support@vikingair.com; internet:              eRulemaking Portal at                                 Section 6103(k)(11)(A). Section
                                               http://www.vikingair.com/support/service-               www.regulations.gov (IRS REG–129260–
                                               bulletins. You may review this referenced
                                                                                                                                                             6103(k)(11)(B) limits the use of return
                                                                                                       16).                                                  information disclosed under
                                               service information at the FAA, Policy and
                                               Innovation Division, 901 Locust, Kansas City,           FOR FURTHER INFORMATION CONTACT:                      subparagraph (A) for the purposes of,
                                               Missouri 64106. For information on the                  Concerning the proposed regulations,                  and to the extent necessary in, carrying
                                               availability of this material at the FAA, call          Brittany Harrison of the Office of                    out the requirements of section 32101 of
                                               (816) 329–4148.                                         Associate Chief Counsel (Procedure and                the FAST Act.


                                          VerDate Sep<11>2014   16:40 Mar 12, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\13MRP1.SGM   13MRP1


                                               10812                   Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Proposed Rules

                                                  The Department of State engages                      employees) who receive such returns or                significant economic impact on a
                                               contractors to assist in carrying out its               return information may further disclose               substantial number of small entities.
                                               responsibilities with respect to                        the returns or return information to their            Accordingly, a regulatory flexibility
                                               passports, including responsibilities                   officers or employees whose duties or                 analysis is not required under the
                                               related to implementation of section                    responsibilities require the returns or               Regulatory Flexibility Act (5 U.S.C.
                                               32101 of the FAST Act. Because such                     return information for a purpose                      chapter 6).
                                               contractors are not ‘‘officers and                      described in § 301.6103(n)–1(a). Section                Pursuant to section 7805(f) of the
                                               employees’’ of the Department of State,                 301.6103(n)–1(a)(3). The regulations                  Code, these proposed regulations have
                                               section 6103(k)(11) of the Code does not                under section 6103(n) of the Code                     been submitted to the Chief Counsel for
                                               authorize the disclosure of return                      provide a number of rules related to                  Advocacy of the Small Business
                                               information to such contractors.                        limitations on such disclosures,                      Administration for comment on their
                                                  Section 6103(n) of the Code                          penalties potentially applicable to                   impact on small business.
                                               authorizes, pursuant to regulations                     recipients of returns and return
                                               prescribed by the Secretary, the                        information, notification requirements                Comments and Requests for Public
                                               disclosure of returns and return                        applicable to recipients of returns and               Hearing
                                               information to any person for purposes                  return information, and safeguards                      Before the regulations proposed
                                               of tax administration to the extent                     requirements. See section 301.6103(n)–                herein are adopted as final regulations,
                                               necessary in connection with, among                     1(b), –1(c), –1(d), –1(e).                            consideration will be given to any
                                               other things, a written contract for                      These proposed regulations add the                  electronic and written comments that
                                               services. The definition of the term ‘‘tax              Department of State to the list of                    are submitted timely to the IRS as
                                               administration’’ includes ‘‘the                         agencies in current § 301.6103(n)–1(a)(1)             prescribed in this preamble under the
                                               administration, management, conduct,                    whose officers and employees may                      ADDRESSES heading. The Treasury
                                               direction, and supervision of the                       disclose returns and return information               Department and the IRS request
                                               execution and application of the                        to any person or to an officer or                     comments on all aspects of the proposed
                                               internal revenue laws or related                        employee of such person for tax                       regulations. All comments submitted
                                               statutes. . . .’’ Section 6103(b)(4).                   administration purposes to the extent                 will be made available at
                                               Because implementation of the FAST                      necessary in connection with a written                www.regulations.gov or upon request. A
                                               Act relates to the administration,                      contract for the acquisition of property              public hearing may be scheduled if
                                               management, conduct, direction, and                     or services. These proposed regulations               requested in writing by a person that
                                               supervision of the execution and                        authorize the Department of State to                  timely submits written comments. If a
                                               application of the internal revenue laws                disclose returns and return information               public hearing is scheduled, notice of
                                               and related statutes, disclosure of return              to its contractors providing services in              the date, time, and place of the hearing
                                               information for the purpose of carrying                 connection with the revocation or                     will be published in the Federal
                                               out responsibilities under the FAST Act                 denial of passports pursuant to the                   Register.
                                               is a tax administration purpose.                        requirements of section 7345 and the
                                                  The Treasury regulations provide that,               FAST Act.                                             Drafting Information
                                               pursuant to the provisions of section
                                                                                                       Special Analyses                                        The principal author of these
                                               6103(n) of the Code and subject to
                                                                                                          Certain IRS regulations, including this            proposed regulations is Brittany
                                               certain conditions, officers and
                                                                                                       one, are exempt from the requirements                 Harrison of the Office of the Associate
                                               employees of the Treasury Department,
                                                                                                       of Executive Order 12866, as                          Chief Counsel (Procedure and
                                               a State tax agency, the Social Security
                                                                                                       supplemented and reaffirmed by                        Administration).
                                               Administration, or the Department of
                                               Justice are authorized to disclose returns              Executive Order 13563. Therefore, a                   List of Subjects in 26 CFR Part 301
                                               and return information to any person or                 regulatory impact assessment is not
                                                                                                       required.                                               Employment taxes, Estate taxes,
                                               to an officer or employee of the person,
                                                                                                          The purpose of these regulations is to             Excise taxes, Gift taxes, Income taxes,
                                               for purposes of tax administration (as
                                               defined in section 6103(b)(4)), to the                  allow the Department of State to share                Penalties, Reporting and recordkeeping
                                               extent necessary in connection with a                   tax return information with its                       requirements.
                                               written contract or an agreement for the                contractors for tax administration                    Proposed Amendments to the
                                               acquisition of the providing of services.               purposes. As a recipient of tax return                Regulations
                                               Section 301.6103(n)–1(a)(1). Any                        information, the Department of State is
                                               person, or officer or employee of the                   required to comply with the reporting                   Accordingly, 26 CFR part 301 is
                                               person, who receives such disclosed                     and other requirements under section                  proposed to be amended as follows:
                                               returns or return information may                       6103(p)(4). The Department of State is
                                                                                                                                                             PART 301—PROCEDURE AND
                                               further disclose the returns or return                  also responsible for the training and
                                                                                                                                                             ADMINISTRATION
                                               information to its own officers or                      inspection of its contractors and
                                               employees whose duties or                               ensuring that all safeguarding standards              ■ Paragraph 1. The authority citation
                                               responsibilities require such                           are met. These proposed regulations do                for part 301 continues to read in part as
                                               information in order to provide the                     not impose a reporting burden on the                  follows:
                                               services. Section 301.6103(n)–1(a)(2)(i).               Department of State’s contractors and
                                               When authorized in writing by the IRS,                  will not require the contractors to file                  Authority: 26 U.S.C. 7805 * * *
amozie on DSK30RV082PROD with PROPOSALS




                                               such person, or officer or employee of                  information with the IRS. Because the                 ■ Par. 2. Sections 6103(n)–1(a)(1) and
                                               the person, may further disclose such                   proposed regulations do not impose a                  (e)(4)(i) are amended by removing the
                                               information to the extent necessary to                  collection of information on entities                 language ‘‘or the Department of Justice’’
                                               provide services, including to its agents               other than the Department of State, they              and adding the language ‘‘the
                                               or subcontractors (or such agents’ or                   do not impose a collection of                         Department of Justice, or the
                                               subcontractors’ officers or employees).                 information on small entities.                        Department of State’’ in its place.
                                               Section 301.6103(n)–1(a)(2)(ii). Agents                 Accordingly, it is hereby certified that              ■ Par. 3. Section 301.6103(n)–1(g) is
                                               or subcontractors (or their officers or                 these regulations will not have a                     amended to read as follows:


                                          VerDate Sep<11>2014   16:40 Mar 12, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\13MRP1.SGM   13MRP1


                                                                        Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Proposed Rules                                                 10813

                                                 (g) Applicability date. This section is               EPA public comment policy,                            SIP revision also amends paragraph 3
                                               applicable on June 5, 2007, except that                 information about CBI or multimedia                   and adds paragraphs 4 and 5 to the
                                               paragraphs (a) and (e)(4)(i) of this                    submissions, and general guidance on                  Chattanooga Code, Chapter 4 of Part II,
                                               section apply to the Department of State                making effective comments, please visit               Section 4–2 definition of VOC.
                                               on or after March 12, 2018.                             http://www2.epa.gov/dockets/                          Tennessee is updating the Hamilton
                                                                                                       commenting-epa-dockets.                               County portion of its SIP to be
                                               Kirsten Wielobob,
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      consistent with changes to federal and
                                               Deputy Commissioner for Services and                                                                          other similar SIP-approved regulations.1
                                               Enforcement.                                            Tiereny Bell, Air Regulatory
                                               [FR Doc. 2018–04971 Filed 3–12–18; 8:45 am]
                                                                                                       Management Section, Air Planning and                  II. Analysis of State’s Submittal
                                                                                                       Implementation Branch, Air, Pesticides
                                               BILLING CODE 4830–01–P
                                                                                                       and Toxics Management Division, U.S.                     On June 25, 2008, Tennessee
                                                                                                       Environmental Protection Agency,                      submitted a SIP revision 2 to EPA for
                                                                                                       Region 4, 61 Forsyth Street SW, Atlanta,              review and approval. The revision
                                               ENVIRONMENTAL PROTECTION                                Georgia 30303–8960. Ms. Bell can be                   amends the definition of VOC found in
                                               AGENCY                                                  reached by phone at (404) 562–9088 or                 Chapter 4 of Part II, Section 4–2, of the
                                                                                                                                                             Chattanooga Code. Specifically, the
                                               40 CFR Part 52                                          via electronic mail at bell.tiereny@
                                                                                                                                                             revision adds the following compounds
                                                                                                       epa.gov.
                                               [EPA–R04–OAR–2017–0395; FRL–9975–40–                                                                          to the list of negligibly reactive
                                                                                                       SUPPLEMENTARY INFORMATION:                            compounds to be consistent with federal
                                               Region 4]
                                                                                                       I. Background                                         and other similar SIP-approved
                                               Air Plan Approval; Tennessee: Volatile                                                                        regulations: 1,1,1,2,2,3,3,4,4-nonafluoro-
                                               Organic Compounds                                          Tropospheric ozone, commonly                       4-methoxy-butane (HFE–7100); methyl
                                                                                                       known as smog, occurs when VOC and                    acetate; 1,1,1,2,2,3,3-heptafluoro-3-
                                               AGENCY:  Environmental Protection                       nitrogen oxides (NOX) react in the                    methoxy-propane (n-C3 F7OCH3, HFE–
                                               Agency.                                                 atmosphere in the presence of sunlight.               7000); 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-
                                               ACTION: Proposed rule.                                  Because of the harmful health effects of              dodecafluoro-2-(trifluoromethyl) hexane
                                                                                                       ozone, EPA and state governments limit                (HFE–7500); 1,1,1,2,3,3,3-
                                               SUMMARY:    The Environmental Protection                the amount of VOC and NOX that can
                                               Agency (EPA) is proposing to approve a                                                                        heptafluoropropane (HFC 227ea); and
                                                                                                       be released into the atmosphere. VOC                  methyl formate (HCOOCH3). These
                                               portion of a revision to the Hamilton                   are those compounds of carbon
                                               County portion of the Tennessee State                                                                         compounds are excluded from the VOC
                                                                                                       (excluding carbon monoxide, carbon                    definition on the basis that each of these
                                               Implementation Plan (SIP) submitted by                  dioxide, carbonic acid, metallic carbides
                                               the State of Tennessee through the                                                                            compounds makes a negligible
                                                                                                       or carbonates, and ammonium                           contribution to tropospheric ozone
                                               Tennessee Department of Environment                     carbonate) that form ozone through                    formation. EPA is proposing to approve
                                               and Conservation from Chattanooga/                      atmospheric photochemical reactions.                  this revision because it is consistent
                                               Hamilton County Air Pollution Control                   Compounds of carbon (or organic                       with the definition of VOC at 40 CFR
                                               Bureau on June 25, 2008. The revision                   compounds) have different levels of                   51.100(s). EPA is also proposing to
                                               amends the definition of ‘‘volatile                     reactivity; they do not react at the same             approve this revision because it is
                                               organic compounds’’ (VOC) to be                         speed or do not form ozone to the same                consistent with other similar SIP-
                                               consistent with state and federal                       extent.                                               approved regulations.
                                               regulations. This action is being taken                    Section 302(s) of the CAA specifies                   The revision includes minor changes
                                               pursuant to the Clean Air Act (CAA or                   that EPA has the authority to define the              to paragraph 3 of Chattanooga Code,
                                               Act).                                                   meaning of ‘‘VOC,’’ and hence what                    Chapter 4 of Part II, Section 4–2
                                               DATES: Comments must be received on                     compounds shall be treated as VOC for                 definition of VOC to be consistent with
                                               or before April 12, 2018.                               regulatory purposes. It has been EPA’s                federal and other similar SIP-approved
                                               ADDRESSES: Submit your comments,                        policy that compounds of carbon with                  regulations. As a precondition to
                                               identified by Docket ID No. EPA–R04–                    negligible reactivity need not be                     excluding compounds as VOCs,
                                               OAR–2017–0395 http://                                   regulated to reduce ozone and should be               paragraph 3 states that: ‘‘As a
                                               www.regulations.gov. Follow the online                  excluded from the regulatory definition               precondition to excluding these
                                               instructions for submitting comments.                   of VOC. See 42 FR 35314 (July 8, 1977),               compounds as VOC or at any time
                                               Once submitted, comments cannot be                      70 FR 54046 (September 13, 2005). EPA                 thereafter, the Director shall require an
                                               edited or removed from Regulations.gov.                 determines whether a given carbon                     owner or operator to provide monitoring
                                               EPA may publish any comment received                    compound has ‘‘negligible’’ reactivity by             or testing methods and results
                                               to its public docket. Do not submit                     comparing the compound’s reactivity to                demonstrating the amount of negligibly-
                                               electronically any information you                      the reactivity of ethane. EPA lists these             reactive compounds in the source’s
                                               consider to be Confidential Business                    compounds in its regulations at 40 CFR                emissions.’’ The SIP revision changes
                                               Information (CBI) or other information                  51.100(s) and excludes them from the                  the precondition for the director to
                                               whose disclosure is restricted by statute.              definition of VOC. The chemicals on                   require this testing from ‘‘shall’’ to
                                               Multimedia submissions (audio, video,                   this list are often called ‘‘negligibly               ‘‘may’’ and adds that any testing be ‘‘to
                                               etc.) must be accompanied by a written                  reactive.’’ EPA may periodically revise               the satisfaction of the Director’’ of the
                                               comment. The written comment is                         the list of negligibly reactive                       Chattanooga-Hamilton County Air
amozie on DSK30RV082PROD with PROPOSALS




                                               considered the official comment and                     compounds to add or delete                            Pollution Control Bureau. The SIP
                                               should include discussion of all points                 compounds.
                                               you wish to make. EPA will generally                       In this rulemaking, EPA is proposing                 1 EPA approved similar revisions to the

                                               not consider comments or comment                        action to approve Hamilton County’s                   Tennessee SIP on April 23, 2006. See 71 FR 19124.
                                               contents located outside of the primary                 SIP revision which amends the                         EPA also approved a Knox County portion of the
                                                                                                                                                             Tennessee SIP on January 4, 2007. See 72 FR 265.
                                               submission (i.e., on the web, cloud, or                 definition of ‘‘Volatile Organic                        2 EPA will consider the other changes included in
                                               other file sharing system). For                         Compounds’’ in the Chattanooga Code,                  Tennessee’s June 25, 2008, SIP revision in a future
                                               additional submission methods, the full                 Chapter 4 of Part II, Section 4–2. This               rulemaking.



                                          VerDate Sep<11>2014   16:40 Mar 12, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\13MRP1.SGM   13MRP1



Document Created: 2018-03-13 01:57:10
Document Modified: 2018-03-13 01:57:10
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
ActionNotice of proposed rulemaking.
DatesWritten and electronic comments and requests for a public hearing must be received by April 12, 2018.
ContactConcerning the proposed regulations, Brittany Harrison of the Office of Associate Chief Counsel (Procedure and Administration), (202) 317-6833; concerning the submission of comments and requests for a public hearing, Regina Johnson, (202) 317- 6901 (not toll-free numbers).
FR Citation83 FR 10811 
RIN Number1545-BN96
CFR AssociatedEmployment Taxes; Estate Taxes; Excise Taxes; Gift Taxes; Income Taxes; Penalties and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR