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Federal Register / Vol. 72, No.

149 / Friday, August 3, 2007 / Rules and Regulations 43161

file a disclosure statement under this for a reportable transaction must be filed potential obligation of the person to
section must file a completed Form with the Office of Tax Shelter Analysis disclose the transaction under this
8918, ‘‘Material Advisor Disclosure (OTSA) by the last day of the month that section (or to maintain or furnish the list
Statement’’ (or successor form) in follows the end of the calendar quarter under § 301.6112–1) will not be
accordance with this paragraph (d) and in which the advisor became a material suspended during the period that the
the instructions to the form. To be advisor with respect to the reportable ruling request is pending.
considered complete, the information transaction or in which the (i) Effective/applicability date—(1) In
provided on the form must describe the circumstances necessitating an amended general. This section applies to
expected tax treatment and all potential disclosure statement occur. The transactions with respect to which a
tax benefits expected to result from the disclosure statement must be sent to material advisor makes a tax statement
transaction, describe any tax result OTSA at the address provided in the on or after August 3, 2007. However,
protection with respect to the instructions for Form 8918 (or a this section applies to transactions of
transaction, and identify and describe successor form). interest entered into on or after
the transaction in sufficient detail for (f) Designation agreements. If more November 2, 2006 with respect to which
the IRS to be able to understand the tax than one material advisor is required to a material advisor makes a tax statement
structure of the reportable transaction disclose a reportable transaction under under § 301.6111–3 on or after
and the identity of any material this section, the material advisors may November 2, 2006. Paragraph (h) of this
advisor(s) whom the material advisor designate by written agreement a single section applies to ruling requests
knows or has reason to know acted as material advisor to disclose the received on or after November 1, 2006.
a material advisor as defined in transaction. The transaction must be Otherwise, the rules that apply with
paragraph (b) of this section with disclosed by the last day of the month respect to transactions entered into
respect to the transaction. An following the end of the calendar before August 3, 2007 are contained in
incomplete form containing a statement quarter that includes the earliest date on Notice 2004–80 (2004–50 IRB 963);
that information will be provided upon which a material advisor who is a party Notice 2005–17 (2005–8 IRB 606); and
request is not considered a complete to the agreement became a material Notice 2005–22 (2005–12 IRB 756) (see
disclosure statement. A material advisor advisor with respect to the transaction § 601.601(d)(2)(ii)(b) in effect prior to
may file a single form for substantially as described in paragraph (b)(4) of this August 3, 2007.
similar transactions. An amended form section. The designation of one material (2) [Reserved].
must be filed if information previously advisor to disclose the transaction does
provided is no longer accurate, if not relieve the other material advisors of § 301.6111–3T [Removed]
additional information that was not their obligation to disclose the ■ Par. 3. Section 301.6111–3T is
disclosed becomes available, or if there transaction to the IRS in accordance removed.
are material changes to the transaction. with this section, if the designated
material advisor fails to disclose the Kevin M. Brown,
A material advisor is not required to file
an additional form for each additional transaction to the IRS in a timely Deputy Commissioner for Services and
taxpayer that enters into the same or manner. Enforcement.
substantially similar transaction. If the (g) Protective disclosures. If a Approved: July 25, 2007.
form is not completed in accordance potential material advisor is uncertain Eric Solomon,
with the provisions in this paragraph (d) whether a transaction must be disclosed Assistant Secretary of the Treasury (Tax
and the instructions to the form, the under this section, the advisor may Policy).
material advisor will not be considered disclose the transaction in accordance [FR Doc. 07–3788 Filed 7–31–07; 11:22 am]
to have complied with the disclosure with the requirements of this section BILLING CODE 4830–01–P
requirements of this section. and comply with all the provisions of
(2) Reportable transaction number. this section, and indicate on the
The IRS will issue to a material advisor disclosure statement that the disclosure DEPARTMENT OF DEFENSE
a reportable transaction number with statement is being filed on a protective
respect to the disclosed reportable basis. The IRS will not treat disclosure Department of the Army
transaction. Receipt of a reportable statements filed on a protective basis
transaction number does not indicate any differently than other disclosure 32 CFR Part 571
that the disclosure statement is statements filed under this section. For
a protective disclosure to be effective, [Docket No. USA–2007–0017]
complete, nor does it indicate that the
transaction has been reviewed, the advisor must comply with the RIN 0702–AA57
examined, or approved by the IRS. regulations under this section and
Material advisors must provide the § 301.6112–1 by providing to the IRS all Recruiting and Enlistments
reportable transaction number to all information requested by the IRS under AGENCY: Department of the Army, DoD.
taxpayers and material advisors for these sections.
(h) Rulings. If a potential material ACTION: Final rule.
whom the material advisor acts as a
material advisor as defined in paragraph advisor requests a ruling as to whether SUMMARY: The Department of the Army
(b) of this section. The reportable a specific transaction is a reportable has revised its regulation that prescribes
transaction number must be provided at transaction on or before the date that policies and procedures concerning
the time the transaction is entered into, disclosure would otherwise be required recruiting and enlistment into the
or, if the transaction is entered into under this section, the Commissioner in Regular Army and its Reserve
prior to the material advisor receiving his discretion may determine that the Components.
the reportable transaction number, submission satisfies the disclosure rules
DATES: Effective Date: September 4,
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within 60 calendar days from the date under this section for that transaction if
the reportable transaction number is the request fully discloses all relevant 2007.
mailed to the material advisor. facts relating to the transaction which ADDRESSES: Deputy Chief of Staff, G–1,
(e) Time of providing disclosure. The would otherwise be required to be ATTN: DAPE-MPA, 300 Army
material advisor’s disclosure statement disclosed under this section. The Pentagon, Washington, DC 20310.

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43162 Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: G. Executive Order 12866 (Regulatory (i) AR 601–210, Active and Reserve
Denise Mills, (703) 695–9262. Planning and Review) Components Enlistment Program. (Cited
The Department of the Army has in §§ 571.2, 571.3, and 571.5).
SUPPLEMENTARY INFORMATION:
determined that, according to the (ii) AR 40–501, Standards of Medical
A. Background criteria defined in Executive Order Fitness. (Cited in §§ 571.2 and 571.3).
(iii) AR 600–9, The Army Weight
12866, this rule is not a significant
The Administrative Procedure Act, as Control Program. (Cited in §§ 571.2 and
regulatory action. As such, the rule is
amended by the Freedom of Information 571.3).
not subject to Office of Management and
Act, requires publication of certain (2) Related Publications.
Budget review under section 6(a)(3) of (i) DOD Directive 1304.26,
policies and procedures and other the Executive Order.
information concerning the Department Qualifications for Enlistment,
of the Army in the Federal Register. The H. Executive Order 13045 (Protection of Appointment, and Induction.
policies and procedures covered by this Children From Environmental Health (ii) Army Retention Program.
part fall into that category. The Army Risk and Safety Risks) (c) Definitions. The following
has changed the publications and definitions apply to this part:
The Department of the Army has (1) Enlistment. Voluntary contract (DD
policies, thus requiring the rules in the determined that, according to the Form 4) for military service that creates
Federal Register to be updated. The criteria defined in Executive Order military status as an enlisted member of
Department of the Army published a 13045, this rule does not apply. the Regular Army or a Reserve
proposed rule in the Federal Register on
I. Executive Order 13132 (Federalism) Component. This includes enlistment of
May 10, 2007 (72 FR 26576) with the
The Department of the Army has both non-prior service and prior service
comment period ending on July 9, 2007. personnel.
The Department of the Army received determined that, according to the
(2) Reenlistment. The second or
no comments on the proposed rule. criteria defined in Executive Order
subsequent voluntary enrollment in the
13132, this rule does not apply because
B. Regulatory Flexibility Act Regular Army or a Reserve Component
it will not have a substantial effect on
as an enlisted member.
the States, on the relationship between (3) United States Army. The Regular
The Department of the Army has
the national government and the States, Army, Army of the United States (AUS),
determined that the Regulatory
or on the distribution of power and Army National Guard of the United
Flexibility Act does not apply because
responsibilities among the various States (ARNGUS), and the United States
the rule does not have a significant
levels of government. Army Reserve (USAR).
economic impact on a substantial
number of small entities within the Alphonsa D. Green, (4) Regular Army (RA). The Regular
meaning of the Regulatory Flexibility Chief, Recruiting Policy Branch. Army is the component of the Army that
Act, 5 U.S.C. 601–612. consists of persons whose continuous
List of Subjects in 32 CFR Part 571 service on active duty in both peace and
C. Unfunded Mandates Reform Act Military personnel. war is contemplated by law and of
■ For reasons stated in the preamble, the retired members of the Regular Army.
The Department of the Army has (5) Prior Service (PS). For persons
determined that the Unfunded Department of the Army revises 32 CFR
part 571 to read as follows: enlisting in the RA, those who have 180
Mandates Reform Act does not apply days or more of active duty in any
because the rule does not include a PART 571—RECRUITING AND component; or, for persons enlisting in
mandate that may result in estimated ENLISTMENTS a Reserve Component, those who have
costs to State, local, or tribal 180 days of active duty in any
governments in the aggregate, or the Subpart A—Recruiting and Enlistment component of the armed forces and who
private sector, of $100 million or more. Eligibility
have been awarded an MOS; or former
Sec. members of an armed forces academy
D. National Environmental Policy Act 571.1 General. who did not graduate and who served
571.2 Basic qualifications for enlistment.
The Department of the Army has 180 days or more.
571.3 Waiver enlistment criteria.
determined that the National 571.4 Periods of enlistment.
(6) Non-Prior Service (NPS). Those
Environmental Policy Act does not 571.5 Enlistment options. persons who have never served in any
apply because the rule does not have an component of the armed forces or who
Authority: 10 U.S.C. 504, 505, 509, 513, have served less than 180 days of active
adverse impact on the environment. 520, 3262.
duty as a member of any component of
E. Paperwork Reduction Act the armed forces. Reserve Component
Subpart A—Recruiting and Enlistment
Eligibility applicants must not have been awarded
The Department of the Army has
an MOS; or have enlisted illegally while
determined that the Paperwork § 571.1 General. underage and been separated for a void
Reduction Act does not apply because
(a) Purpose. This part gives the enlistment; or be a former member of a
the rule does not involve collection of
qualifications for men and women service academy who did not graduate
information from the public.
enlisting in the Regular Army (RA) or and who served fewer than 180 days; or
F. Executive Order 12630 (Government Reserve Components (RC). The have completed ROTC and served only
Actions and Interference With procedures simplify and standardize the Active Duty for Training as an officer.
Constitutionally Protected Property processing of recruited applicants. The (7) Delayed Entry Program (DEP). A
Rights) applicant’s ability to meet all program in which Soldiers may enlist
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requirements or exceptions will and are assigned to a United States


The Department of the Army has determine eligibility. This includes Army Reserve (USAR) Control Group
determined that Executive Order 12630 obtaining prescribed waivers. until they enlist in the Regular Army.
does not apply because the rule does not (b) References— The Commanding General, United
impair private property rights. (1) Required Publications. States Army Recruiting Command

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Federal Register / Vol. 72, No. 149 / Friday, August 3, 2007 / Rules and Regulations 43163

(USAREC) is authorized by 10 U.S.C. DEPARTMENT OF HOMELAND and times this rule will be in effect. If
513 to organize and administer DEP. SECURITY normal notice and comment procedures
were followed, this rule would not
§ 571.2 Basic qualifications for enlistment. Coast Guard become effective until after the date of
(a) Age requirements for non-prior the event.
service and prior service personnel are 33 CFR Part 100 On July 2, 2001, the Coast Guard
published a final rule (66 FR 34822)
defined in AR 601–210. [Docket No. CGD13–07–025]
modifying the regulations in 33 CFR
(b) Applicants must meet citizenship RIN 1625–AA08 100.1301 for the safe execution of the
requirements as defined in AR 601–210. Seattle Seafair Unlimited Hydroplane
(c) Non-prior and prior service Special Local Regulations, Seattle races on the waters of Lake Washington.
Seafair, Lake Washington, WA This special local regulation (SLR)
applicants must meet medical fitness
standards prescribed in AR 40–501. AGENCY: Coast Guard, DHS. provides for a regulated area to protect
Height and weight standards for non- ACTION: Temporary final rule. spectators while providing unobstructed
prior service personnel AR 40–501 and vessel traffic lanes to ensure timely
in AR 600–9 for prior service personnel. SUMMARY: The Coast Guard is arrival of emergency response craft.
establishing temporary special local Movements are regulated for all vessels
(d) Education standards, dependency regulations (SLR) for the Seattle Seafair, in the area as described under 33 CFR
criteria, and trainability requirements Lake Washington, Washington. These 100.1301 or unless otherwise regulated
are prescribed in AR 601–210. special local regulations limit the by the COTP or his designee. This
movement of non-participating vessels temporary final rule is required to
§ 571.3 Waiver enlistment criteria.
in the regulated race area and provide increase the length of time affected by
(a) Waiver criteria— for a viewing area for spectator craft. the regulation.
(1) All persons who process This rule is needed to provide for the Background and Purpose
applicants for enlistment in the Army safety of life on navigable waters during
Seafair. The rule adds four hours to the For more than 50 years Seafair on
use the utmost care to procure qualified Lake Washington has been a Pacific
personnel. Eligibility of personnel for effective time period each day of
enforcement of the existing SLR to Northwest tradition, entertaining
enlistment will be based upon their millions of people over that period.
accommodate the addition of a
ability to meet all requirements, However, this entertaining event
fireworks display in this year’s Seafair
including procurement of prescribed involves risks to both spectators and
and to promote safety for spectators and
waivers. participants. During Seafair, the marine
participants through consistency in
(2) Applicants applying for moral or enforcement periods. congestion associated with the number
medical waivers will document their DATES: This rule is effective from 8 p.m.
of boats, swimmers, and spectators on
waiver requests, as prescribed by AR until 11:59 p.m. on August 2–5, 2007 shore challenges even the most
601–210 or AR 40–501. unless sooner cancelled by the Captain experienced seaman. These conditions
of the Port. necessitate the maintenance of a
(3) The approval authorities for regulated area to protect spectators
various types of waiver requests are set ADDRESSES: Documents indicated in this
while providing unobstructed vessel
forth in AR 601–210. Commanders at preamble as being available in the traffic lanes to ensure timely arrival of
levels below the approval authority may docket are part of docket CGD13–07– emergency response craft.
disapprove waivers for applicants who 025 and are available for inspection or The Coast Guard is establishing this
do not meet prescribed standards and copying at the Waterways Management regulation to protect vessels and persons
who do not substantiate a meritorious Division, Coast Guard Sector Seattle, from the hazards associated with the
case. 1519 Alaskan Way South, Seattle, WA fallout of burning embers that will be
98134, between 8 a.m. and 4 p.m., generated by the fireworks display in
(4) Unless otherwise stated in AR Monday through Friday, except Federal
601–210, waivers are valid for 6 months. this year’s Seafair and to promote safety
holidays. for spectators and participants through
(b) Nonwaiver medical, moral, and FOR FURTHER INFORMATION CONTACT: consistency in enforcement periods. The
administrative disqualifications are Lieutenant Steve Kee, c/o Captain of the regulated area is also intended to protect
defined in AR 601–210. Port Puget Sound, 1519 Alaskan Way boaters from the hazards associated with
South, Seattle, Washington 98134, (206) excessive vessel congestion associated
§ 571.4 Periods of enlistment. 217–6002. with Seafair’s activities.
Enlistments are authorized for periods SUPPLEMENTARY INFORMATION:
Discussion of Rule
of 2, 3, 4, 5, 6, 7, or 8 years. Regulatory Information This rule will control the movement
§ 571.5 Enlistment options. We did not publish a notice of of all vessels in a regulated area on Lake
Personnel who enlist in the Regular proposed rulemaking (NPRM) for this Washington as indicated in section 2 of
regulation. Under 5 U.S.C. 553(b)(B) and this Temporary Final Rule. This rule
Army for 2 or more years may select
5 U.S.C. 553(d)(3), the Coast Guard finds adds four hours to the effective time
certain initial assignments or
that good cause exists for not publishing period each day of enforcement of the
classifications, provided they meet the a NPRM and for making this rule existing SLR to accommodate the
criteria set forth in AR 601–210 and effective less than 30 days after addition of a fireworks display for this
valid Army requirements exist for the publication in the Federal Register. year’s Seafair and to promote safety for
assignments and skills.
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Publishing a NPRM would be contrary spectators and participants through


[FR Doc. E7–15122 Filed 8–2–07; 8:45 am] to public interest since immediate consistency in enforcement periods.
BILLING CODE 3710–08–P action is necessary to ensure the safety The Coast Guard, through this action,
of commercial and recreational vessels intends to promote the safety of
in the vicinity of the events on the date personnel and vessels in the area. The

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