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Federal Register / Vol. 72, No.

239 / Thursday, December 13, 2007 / Rules and Regulations 70779

may require the requester to certify in processes and programs, including DEPARTMENT OF THE TREASURY
writing that they will provide the full training, that were in place to prevent
disclosure within a specific time period. such violations, if any. In addition to Internal Revenue Service
(iv) Failure to provide a full immediately providing written
disclosure within a reasonable time may notification, persons are strongly urged 26 CFR Part 1
result in a decision by the Directorate of to conduct a thorough review of all
Defense Trade Controls not to consider [TD 9363]
export-related transactions where a
the notification as a mitigating factor in possible violation is suspected.
determining the appropriate disposition RIN 1545–BD65
of the violation. In addition, the (d) Documentation. (1) The written
disclosure should be accompanied by Returns Required on Magnetic Media;
Directorate of Defense Trade Controls
copies of substantiating documents. Correction
may direct the requester to furnish all
relevant information surrounding the Where appropriate, the documentation AGENCY: Internal Revenue Service (IRS),
violation. should include, but not be limited to: Treasury.
(2) Notification of a violation must be (i) Licensing documents (e.g., license ACTION: Correction to final regulations.
in writing and should include the applications, export licenses and end-
following information: user statements), exemption citation, or SUMMARY: This document contains
(i) A precise description of the nature other authorization description, if any; corrections to final regulations (TD
and extent of the violation (e.g., an 9363) that were published in the
unauthorized shipment, doing business * * * * * Federal Register on Tuesday, November
with a party denied U.S. export (e) Certification. A certification must 13, 2007 (72 FR 63807) relating to the
privileges, etc.); be submitted stating that all of the requirements for filing corporate income
(ii) The exact circumstances representations made in connection tax returns and returns of organizations
surrounding the violation (a thorough with the voluntary disclosure are true required to file returns under section
explanation of why, when, where, and and correct to the best of that person’s 6033 on magnetic media pursuant to
how the violation occurred); knowledge and belief. Certifications section 6011(e) of the Internal Revenue
(iii) The complete identities and should be executed by an empowered Code.
addresses of all persons known or
official (See § 120.25 of this subchapter), DATES: The correction is effective
suspected to be involved in the
or by a senior officer (e.g. chief December 13, 2007.
activities giving rise to the violation
(including mailing, shipping, and e-mail executive officer, president, vice- FOR FURTHER INFORMATION CONTACT:
addresses; telephone and fax/facsimile president, comptroller, treasurer, Michael E. Hara, (202) 622–4910 (not a
numbers; and any other known general counsel, or member of the board toll-free number).
identifying information); of directors). If the violation is a major SUPPLEMENTARY INFORMATION:
(iv) Department of State license violation, reveals a systemic pattern of
violations, or reflects the absence of an Background
numbers, exemption citation, or
description of any other authorization, if effective compliance program, the The final regulations (TD 9363) that
applicable; Directorate of Defense Trade Controls are the subject of this correction are
(v) U.S. Munitions List category and may require that such certification be under sections 6011, 6033 and 6037 of
subcategory, product description, made by a senior officer of the company. the Internal Revenue Code.
quantity, and characteristics or (f) Oral presentations. Oral Need for Correction
technological capability of the presentation is generally not necessary
hardware, technical data or defense As published, the final regulations
to augment the written presentation. (TD 9363) contain errors that may prove
service involved;
(vi) A description of corrective actions However, if the person making the to be misleading and are in need of
already undertaken that clearly disclosure believes a meeting is clarification.
identifies the new compliance desirable, a request should be included
with the written presentation. Correction of Publication
initiatives implemented to address the
causes of the violations set forth in the (g) Send voluntary disclosures to the Accordingly, the publication of the
voluntary disclosure and any internal Office of Defense Trade Controls final regulations (TD 9363), which was
disciplinary action taken; and how these Compliance, Directorate of Defense the subject of FR Doc. E7–22147, is
corrective actions are designed to deter Trade Controls. Consult the Directorate corrected as follows:
those particular violations from of Defense Trade Controls Web site at 1. On page 63808, column 2, in the
occurring again; http://www.pmddtc.state.gov for the preamble, under the paragraph heading
(vii) The name and address of the appropriate street address. ‘‘1. Returns Covered’’, line 11 from the
person making the disclosure and a bottom of the column, the language
point of contact, if different, should Dated: November 30, 2007. ‘‘990 series that are required to be
further information be needed. John C. Rood, filled’’ is corrected to read ‘‘990 series
(3) Factors to be addressed in the Acting Under Secretary for Arms Control and that are required to be filed’’.
voluntary disclosure include, for International Security, Department of State. 2. On page 63809, column 2, in the
example, whether the violation was [FR Doc. E7–24069 Filed 12–12–07; 8:45 am] preamble, under the paragraph heading
intentional or inadvertent; the degree to BILLING CODE 4710–25–P
‘‘4. Hardship Waiver’’, lines 6 through
which the person responsible for the 10 of the third paragraph of the column,
violation was familiar with the laws and the language ‘‘Providers for Form 1120/
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regulations, and whether the person was 1120S; IRS Publication 4206,
the subject of prior administrative or Modernized e-file information for
criminal action under the AECA; Authorized e-file Providers of Exempt
whether the violations are systemic; and Organization Filings; and on the IRS.gov
the details of compliance measures, Internet site.’’ is corrected to read

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70780 Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations

‘‘Providers for Form 1120/1120S; and on within the First Coast Guard District’’ to PART 161—VESSEL TRAFFIC
the IRS.gov Internet site.’’ amend an existing Regulated Navigation MANAGEMENT
LaNita Van Dyke,
Area (RNA) within the waters of the
First Coast Guard District. (72 FR ■ 1. The authority citation for part 161
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief 50052). Specifically, the Final Rule continues to read as follows:
Counsel (Procedure and Administration). required that certain tank vessels and Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.
[FR Doc. E7–24117 Filed 12–12–07; 8:45 am] tug/barge combinations transiting 70114, 70117; Pub. L. 107–295, 116 Stat.
BILLING CODE 4830–01–P
Buzzards Bay, Massachusetts, be 2064; Department of Homeland Security
accompanied by escort tugs and pilots Delegation No. 0170.1.
operating under a properly endorsed
DEPARTMENT OF HOMELAND Federal pilot’s license. To further this ■ 2. In § 161.12, revise footnote 5 of
SECURITY objective, the Coast Guard also table 161.12(c) to read as follows:
established a Vessel Movement
§ 161.12 Vessel operating requirements.
Coast Guard Reporting System (VMRS) for Buzzards
Bay, and requires that vessels subject to * * * * *
33 CFR Parts 161 and 165 the Vessel Bridge-to-Bridge VHF (c) * * *
[CGD01–04–133] Radiotelephone regulations participate 5 In addition to the vessels denoted in
in the VMRS. This correction alters two Section 161.16 of this chapter, requirements
RIN 1625–AB17 potentially confusing cross-references to set forth in subpart B of 33 CFR part 161 also
Regulated Navigation Area; Buzzards regulations mentioned in the final rule. apply to any vessel transiting VMRS
Bay, Massachusetts; Navigable The substantive requirements of the rule Buzzards Bay required to carry a bridge-to-
Waterways Within the First Coast are not altered by this technical bridge radiotelephone by part 26 of this
Guard District correction. chapter.

AGENCY: Coast Guard, DHS. Need for Correction * * * * *


ACTION: Final rule; correction. The Final Rule amended parts 161 PART 165—WATERWAYS SAFETY;
SUMMARY: The Coast Guard is making and 165 of Title 33 of the Code of REGULATED NAVIGATION AREAS
two technical corrections to a Final Rule Regulations. As explained in the AND LIMITED ACCESS AREAS
published in the Federal Register on preamble to the Final Rule, the inserted
August 30, 2007. The Final Rule titled language was intended to make the ■ 3. The authority citation for part 165
‘‘Regulated Navigation Area; Buzzards general VMRS operating requirements, continues to read as follows:
Bay, Massachusetts; Navigable set forth in subpart B of part 161,
applicable to all vessels transiting Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Waterways within the First Coast Guard
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
District’’ contained imprecise and Buzzard’s Bay that are subject to the
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
potentially confusing cross references Vessel Bridge-to-Bridge Radiotelephone
107–295, 116 Stat. 2064; Department of
regarding the applicability of certain Regulations, set forth in 33 CFR part 26. Homeland Security Delegation No. 0170.1.
regulations implemented by the rule. The Final Rule, as published, however,
The revised wording provided in this erroneously referred to ‘‘Subpart B of ■ 4. In § 165.100, revise(d)(5)(iv) to read
correction is intended to clarify the this chapter’’ and ‘‘Subpart B of this as follows:
intent of the final rule and eliminate any part’’ in part 161 and part 165,
possible confusion. respectively, instead of referring to § 165.100 Regulated Navigation Area:
DATES: This correction is effective as of ‘‘Subpart B of part 161’’ in the revisions Navigable waters within the First Coast
December 13, 2007. of both part 161 and part 165. The Guard District.
ADDRESSES: Comments and material language substituted by this correction * * * * *
received from the public concerning this is intended to eliminate any potential (d) * * *
correction will be made part of the confusion regarding what vessels are
(5) * * *
docket for the underlying rule and will required to participate in the Buzzard’s
be available for inspection and copying Bay VMRS, and what is required of (iv) In addition to the vessels denoted
at the offices of Commander, Coast those vessels. in § 161.16 of this chapter, requirements
Guard Sector Southeastern New set forth in subpart B of 33 CFR part 161
England, East Providence Office, 20 List of Subjects also apply to any vessel transiting
Risho Avenue, East Providence, RI 33 CFR Part 161 VMRS Buzzards Bay required to carry a
02914, between 8 a.m. and 3 p.m. bridge-to-bridge radiotelephone by Part
Monday through Friday, except Federal Harbors, Navigation (water), 26 of this chapter.
holidays. Reporting and recordkeeping * * * * *
FOR FURTHER INFORMATION CONTACT: Mr. requirements, Vessels, Waterways.
Dated: November 29, 2007.
Edward G. LeBlanc at Coast Guard
33 CFR Part 165 T.V. Skuby,
Sector Southeastern New England, East
Providence, RI, 401–435–2351. Harbors, Marine safety, Navigation Captain, U.S. Coast Guard, Acting
SUPPLEMENTARY INFORMATION: Commander, First Coast Guard District.
(water), Reporting and recordkeeping
requirements, Security measures, and [FR Doc. E7–24128 Filed 12–12–07; 8:45 am]
Background
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Waterways. BILLING CODE 4910–15–P


On August 30, 2007, the Coast Guard
published a Final Rule titled ‘‘Regulated ■ For the reasons discussed in the
Navigation Area; Buzzards Bay, preamble, the Coast Guard amends 33
Massachusetts; Navigable Waterways CFR parts 161 and 165 as follows:

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