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Federal Register / Vol. 71, No.

105 / Thursday, June 1, 2006 / Proposed Rules 31125

bizopNPR/ Web link. If this notice DEPARTMENT OF ENERGY Commission staff in preparing a final
appears at http://www.regulations.gov, rule in this proceeding.
you may also file an electronic comment Federal Energy Regulatory Interested persons wishing to
through that Web site. The Commission Commission participate in the technical conference
will consider all comments that are asked to notify Commission staff
regulations.gov forwards to it. You may 18 CFR Parts 366, 367, 368, 369 and electronically at https://www.ferc.gov/
also visit the FTC Web site at http:// 375 whats-new/registration/usoa-06–21-
www.ftc.gov/opa/2006/04/ speaker-form.asp by June 15, 2006.
newbizopprule.htm to read the Notice of [Docket No. RM06–11–000] Prospective attendees and
Proposed Rulemaking and the news participants are urged to watch for
release describing this proposed Rule. Financial Accounting, Reporting and further notices; a detailed agenda will
FOR FURTHER INFORMATION CONTACT: Records Retention Requirements be issued in advance of the conference.
Steven Toporoff, (202) 326–3135, Under the Public Utility Holding FERC conferences and meetings are
Division of Marketing Practices, Room Company Act of 2005 accessible under section 508 of the
288, Bureau of Consumer Protection, May 19, 2006. Rehabilitation Act of 1973. For
Federal Trade Commission, 600 accessibility accommodations please
AGENCY: Federal Energy Regulatory
Pennsylvania Avenue, NW., send an e-mail to accessibility@ferc.gov
Commission, DOE.
Washington, DC 20580. or call toll free (866) 208–3372 (voice)
ACTION: Notice of Proposed Rulemaking: or (202) 502–8659 (TTY), or send a fax
SUPPLEMENTARY INFORMATION: On April
12, 2006, the Commission published a Notice of Change in Date for Technical to (202) 208–2106 with the required
Notice of Proposed Rulemaking in Conference. accommodations.
connection with a Business Opportunity SUMMARY: On April 21, 2006, the
Questions about the conference
Rule. In that Notice, the Commission Commission issued Notice of Proposed should be directed to: Julia A. Lake,
solicited comment on a variety of topics Rulemaking in the above-docketed Office of the General Counsel—Energy
including the proposed definitions, the proceeding concerning Financial Markets and Reliability, Federal Energy
scope of the proposed Rule, and the Accounting, Reporting and Records Regulatory Commission, 888 First
proposed disclosures and prohibitions. Retention Requirements Under the Street, NE., Washington, DC 20426.
The Notice stated that the period for Public Utility Holding Company Act of (202) 502–8370. Julia.lake@ferc.gov.
submitting initial comments would 2005. (71 FR 28464 (2006). The Magalie R. Salas,
close on June 16, 2006, and that the Commission is rescheduling the date of
period for submitting rebuttal comments Secretary.
the technical conference which is being [FR Doc. 06–4999 Filed 5–31–06; 8:45 am]
would close on July 7, 2006. held pursuant to the directives of the
On May 5, 2006, the Commission BILLING CODE 6717–01–P
April 24, 2006, Notice of Proposed
received a letter from the Direct Selling
Rulemaking.
Association (‘‘DSA’’) requesting that the
Commission extend the comment period DATES: The conference previously DEPARTMENT OF HOMELAND
for 90 days. DSA asserts that the scheduled for June 21, 2006 is SECURITY
proposed Rule ‘‘could have a dramatic rescheduled for July 11, 2006.
negative impact on the direct selling FOR FURTHER INFORMATION CONTACT: Julia Bureau of Customs and Border
community.’’ DSA, however, does not A. Lake, Office of the General Counsel— Protection
identify any specific provision of the Energy Markets and Reliability, Federal
proposed Rule that might have such an Energy Regulatory Commission, 888 DEPARTMENT OF THE TREASURY
effect, nor does it advance any other First Street, NE., Washington, DC 20426.
facts from which the Commission can (202) 502–8370. Julia.lake@ferc.gov. 19 CFR Part 12
assess DSA’s claim that, in effect, it SUPPLEMENTARY INFORMATION: [USCBP–2006–0020]
would need a total of five months to
On April 21, 2006, the Federal Energy
formulate its comment. Without a more RIN 1505–AB68
Regulatory Commission (Commission)
detailed and persuasive explanation as
announced a staff technical conference
to why the petitioner needs so much Entry of Certain Cement Products
in the above-referenced proceeding to be
more time, the Commission is not From Mexico Requiring a Commerce
held at the Federal Energy Regulatory
persuaded that such an extension is Department Import License
Commission, 888 First Street, NE.,
justified in view of the need to avoid
Washington, DC 20426 in the AGENCY: Customs and Border Protection
unnecessary delay in this proceeding.
The Commission believes that a 30- Commission Meeting Room on June 21, (DHS); Treasury.
day extension should be sufficient to 2006, from 9 a.m. until 4:30 p.m. EDT. ACTION: Notice of proposed rulemaking.
enable DSA and all other commenters to This conference has now been
prepare and submit comments in rescheduled for July 11, 2006. All SUMMARY: This document proposes to
response to the proposed Rule. interested persons are invited to attend. amend title 19 of the Code of Federal
Accordingly, the Commission has There is no registration fee to attend. Regulations to set forth special
determined to extend the comment The purpose of the conference requirements for the entry of certain
period set forth in the Notice until July remains the same. It is to identify the cement products from Mexico requiring
17, 2006, for initial comments and until issues associated with the proposed a United States Department of
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August 7, 2006, for rebuttal comments. Uniform System of Accounts for Commerce import license. The cement
Centralized Service Companies, the products in question are those listed in
By direction of the Commission. proposed records retention the Agreement on Trade in Cement,
Donald S. Clark, requirements for holding companies and entered into between the Office of the
Secretary. service companies, and the revised United States Trade Representative, the
[FR Doc. E6–8546 Filed 5–31–06; 8:45 am] Form No. 60. The technical conference United States Department of Commerce,
BILLING CODE 6750–01–P will develop information for use by and Mexico’s Secretaria de Economia,

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31126 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules

on March 6, 2006. The changes might result from this proposed rule. registered, an importer or broker will
proposed in this document require an Comments that will provide the most submit the required license application
importer to submit to Customs and assistance to CBP in developing these information electronically to Commerce,
Border Protection (CBP) an import procedures will reference a specific and the system will then automatically
license number on the entry summary portion of the proposed rule, explain the issue a cement import license number
(CBP Form 7501), as well as a valid reason for any recommended change, for inclusion on the entry summary
Mexican export license with the entry and include data, information, or documentation filed with CBP.
documentation, for any cement product authority that supports such Under the Commerce proposal, all
for which the United States Department recommended change. importers of Mexican cement covered
of Commerce requires an import license by the Agreement will be required to
Background obtain a cement import license and to
under its cement licensing and import
monitoring program. I. Agreement on Trade in Cement provide the license information (i.e., the
DATES: Comments must be received on import license number) to CBP on the
On March 6, 2006, the Office of the entry summary (CBP Form 7501).
or before June 21, 2006. United States Trade Representative Similarly, importers will be required to
ADDRESSES: You may submit comments, (USTR), the United States Department of include the import license number on
identified by docket number, by one of Commerce (Commerce), and the the application for admission and/or
the following methods: Ministry of Economy of the United status designation into a Foreign Trade
• Federal eRulemaking Portal: http:// Mexican States (Secretaria de Economia) Zone (FTZ) on CBP Form 214 at the
www.regulations.gov. Follow the signed a bilateral Trade in Cement time of filing. Both the entry summary
instructions for submitting comments Agreement (Agreement) concerning and FTZ filings must be paper filings.
via docket number USCBP–2006–0020. trade in cement between the United
• Mail: Trade and Commercial The proposed Commerce regulations
States and Mexico. The Agreement also would require importers of the
Regulations Branch, Office of applies only to cement from Mexico as subject commodity to submit a valid
Regulations and Rulings, Bureau of defined in Section I.L. of the Agreement. Mexican export license to CBP together
Customs and Border Protection, 1300 A copy of the Agreement is available on with the entry summary documentation.
Pennsylvania Avenue, NW. (Mint the Commerce Web site: http:// A cement import license will be
Annex), Washington, DC 20229. www.ia.ita.doc.gov/download/mexico- required for every entry summary of
Instructions: All submissions received cement/cement-final-agreement.pdf. covered cement products. It is noted,
must include the agency name and The Agreement calls for the however, that a single import license
docket number for this rulemaking. All settlement or suspension of litigation in may cover multiple products so long as
comments received will be posted multiple disputes before the North the importer, exporter, manufacturer,
without change to http:// American Free Trade Agreement first unaffiliated customer, final
www.regulations.gov, including any (NAFTA) and World Trade Organization destination of the product, and country
personal information provided. For (WTO) panels, and for a compromise to of origin and exportation are the same
detailed instructions on submitting claims on antidumping duties currently for all the merchandise. If any of the
comments and additional information subject to administrative review. To above information differs with respect
on the rulemaking process, see the assist in rebuilding efforts in the Gulf to a given set of covered imported
‘‘Public Participation’’ heading of the Coast, the Agreement also sets forth cement products, a separate import
SUPPLEMENTARY INFORMATION section of geographical quantitative restrictions license will be required for that
this document. whereby an annual 3 million metric ton merchandise. As a result, a single CBP
Docket: For access to the docket to export limit is apportioned to eight entry summary may require more than
read background documents or defined sub-regions of the United States. one cement import license.
comments received, go to http:// Lastly, the Agreement requires the
www.regulations.gov. Submitted creation of an Export Licensing Program III. Proposed Amendments to Title 19 of
comments may also be inspected during by Mexico and an Import Licensing the Code of Federal Regulations
regular business days between the hours Program by Commerce to further enforce Primary responsibility for the cement
of 9 a.m. and 4:30 p.m. at the Office of these quantitative restrictions. The product import licensing and
Regulations and Rulings, Bureau of Agreement is scheduled to expire on monitoring rests with the Secretary of
Customs and Border Protection, 799 9th March 31, 2009, provided that it has not Commerce. The Secretary of the
Street, NW., 5th Floor, Washington, DC. been terminated before that date. See Treasury, through CBP, is responsible
Arrangements to inspect submitted Section XI.A. of the Agreement. for the promulgation and administration
comments should be made in advance of regulations regarding making entry of
by calling Mr. Joseph Clark at (202) 572– II. Proposed Department of Commerce the subject merchandise into the United
8768. Regulations States. Accordingly, this document
FOR FURTHER INFORMATION CONTACT: The International Trade proposes to amend title 19 of the Code
Alice Buchanan, Office of Field Administration of the Department of of Federal Regulations (19 CFR) to
Operations, Tel: (202) 344–2697. Commerce has just published in the provide an appropriate regulatory basis
SUPPLEMENTARY INFORMATION: Federal Register a proposed rule that for the collection of the required cement
would establish a cement licensing and trade data in accordance with the
Public Participation import monitoring program as directed proposed regulatory standards
Interested persons are invited to under the terms of the Agreement. promulgated by the Department of
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participate in this rulemaking by Commerce’s proposed rule would Commerce.


submitting written data, views, or prescribe a web-based registration The proposed changes to 19 CFR set
arguments on all aspects of the system for cement importers by which forth in this document consist of the
proposed rule. Customs and Border cement import licenses will be issued to addition of a new § 12.155 (19 CFR
Protection (CBP) also invites comments registered importers, customs brokers or 12.155) which requires the inclusion of
that relate to the economic, their agents through an automatic a cement import license number on the
environmental, or federalism effects that cement import licensing system. Once entry summary (CBP Form 7501), and

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Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules 31127

the submission of a valid Mexican amendment, which involves the United States Department of Commerce
export license with the entry summary addition of only one data element to an and Mexico’s Secretaria de Economia
documentation, in any case in which a existing required CBP form, will have a entered into an ‘‘Agreement on Trade in
cement import license is required negligible impact on importer Cement’’ (Agreement). Pursuant to the
pursuant to the terms set forth in 19 operations. Accordingly, the proposed Agreement, the United States
CFR 360.201(d). Additionally, all amendment is not subject to the Department of Commerce will
shipments of covered Mexican cement regulatory analysis or other administer an import licensing system
into a FTZ will require an import requirements of 5 U.S.C. 603 and 604. that covers imports of Mexican cement
license prior to the filing of the FTZ Further, these proposed amendments do as defined in section I.L. of the
admission documents. The license must not meet the criteria for a ‘‘significant
Agreement. The Secretary of the
be reported on the application for FTZ regulatory action’’ as specified in E.O.
Treasury, through the Bureau of
admission and/or status designation 12866.
(CBP Form 214) at the time of filing. Customs and Border Protection (CBP), is
Paperwork Reduction Act responsible for the promulgation and
There is no requirement to present
physical copies of the import license The collections of information in the administration of regulations regarding
forms at the time of submitting the CBP current regulations have already been making entry of the subject merchandise
Forms 7501 or 214; however, parties approved by the Office of Management into the United States. The Agreement
must maintain copies in accordance and Budget (OMB) in accordance with will terminate on March 31, 2009,
with CBP’s applicable recordkeeping the Paperwork Reduction Act of 1995 unless it has been terminated prior to
requirements. In the case of the export (44 U.S.C. 3507) and assigned OMB that date.
license, the original must be submitted control number 1515–0065 (entry (b) Reporting the import license
to CBP with the entry summary summary and continuation sheet) and
number. For every entry of merchandise
documentation. For multiple shipments OMB control number 1515–0086
for which a Mexican cement import
at multiple ports, or multiple entries at (Application for foreign trade zone
admission and/or status designation). license is required to be obtained under
a single port, the original Mexican regulations promulgated by the U.S.
export license must be presented to CBP This rule does not involve any material
change to the existing approved Department of Commerce, set forth at 19
with the first entry summary and a copy
information collection. An agency may CFR 360.201–205, the entry (unless
of the export license must be presented
with each subsequent entry summary. not conduct or sponsor, and a person is otherwise directed by CBP), must be a
The requirement to submit the import not required to respond to, a collection paper filing, and the license number
license number to CBP on the CBP Form of information unless the collection of must be included:
7501 will go into effect when the final information displays a valid control (1) On the entry summary (CBP Form
rule adopting this proposal becomes number assigned by OMB. 7501), at the time of filing, in the case
effective. Signing Authority of merchandise entered or withdrawn
Failure to timely provide the required from warehouse for consumption, in the
cement import license number to CBP This document is being issued in
accordance with 19 CFR 0.1(a)(1). custom territory of the United States; or
will constitute a breach of the terms of
the importer’s bond under § 113.62 of (2) On CBP Form 214, at the time of
List of Subjects in 19 CFR Part 12
title 19 of the CFR (19 CFR 113.62) and filing under part 146 of this chapter, in
Bonds, Customs duties and the case of merchandise admitted into a
could give rise to a claim for liquidated
inspection, Entry of merchandise, foreign trade zone.
damages under the bond equal to the
Imports, Prohibited merchandise,
value of the merchandise involved in (c) Recordkeeping. There is no
Reporting and recordkeeping
the default. requirement to present physical copies
requirements, Restricted merchandise.
Comments of the import license to CBP at the time
Proposed Amendment to the of filing the CBP Form 7501 or CBP
Submitted comments will be available Regulations Form 214; however copies must be
for public inspection in accordance with For the reasons stated above, it is maintained in accordance with the
the Freedom of Information Act (5 proposed to amend part 12 of title 19 of applicable recordkeeping provisions set
U.S.C. 552) and § 103.11(b) of title 19 of the Code of Federal Regulations (19 CFR forth in the chapter.
the CFR (19 CFR 103.11(b)), on regular part 12) as set forth below.
business days between the hours of 9 (d) Export license information. Under
a.m. and 4:30 p.m. at the Trade and PART 12—SPECIAL CLASSES OF regulations promulgated by the U.S.
Commercial Regulations Branch, Office MERCHANDISE Department of Commerce, set forth at 19
of Regulations and Rulings, Customs CFR 360.201(d), importers of Mexican
and Border Protection, 799 9th St., NW., 1. The authority citation for part 12 cement must submit a valid Mexican
Washington, DC. Arrangements to continues to read in part as follows: export license to CBP with the entry
inspect submitted documents should be Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 summary documentation. For multiple
made in advance by calling Mr. Joseph (General Note 3(i), Harmonized Tariff shipments at multiple ports, or multiple
Clark at (202) 572–8768. Schedule of the United States (HTSUS)),
entries at one port, the original physical
1624;
The Regulatory Flexibility Act and copy of the Mexican export license must
* * * * * be submitted to CBP with the first entry
Executive Order 12866 2. A new center heading and new
summary and a copy of the export
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Pursuant to the provisions of the § 12.155 are added to read as follows:


license must be presented with each
Regulatory Flexibility Act (5 U.S.C. 601 Mexican Cement Products
et seq.), it is certified that, if adopted, subsequent entry summary.
the proposed amendment will not have § 12.155 Entry or admission of Mexican
a significant economic impact on a cement products.
substantial number of small entities. (a) In general. On March 6, 2006, the
CBP believes that the proposed United States Trade Representative,

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31128 Federal Register / Vol. 71, No. 105 / Thursday, June 1, 2006 / Proposed Rules

(e) The provisions set forth in this Revenue Building, 1111 Constitution security procedures, visitors must enter
section are applicable for as long as the Avenue, NW., Washington, DC. at the Constitution Avenue entrance. In
Agreement remains in effect. FOR FURTHER INFORMATION CONTACT: addition, all visitors must present photo
Concerning the regulations, Paul identification to enter the building.
Deborah J. Spero,
Handleman or Lauren Ross Taylor, (202) Because of access restrictions, visitors
Acting Commissioner, Bureau of Customs and will not be admitted beyond the
Border Protection.
622–3040; concerning submission of
comments, the hearing, and/or to be immediate entrance area more than 30
Approved: May 25, 2006. minutes before the hearing starts. For
placed on the building access list to
Timothy E. Skud, attend the hearing, Richard A. Hurst, information about having your name
Deputy Assistant Secretary of the Treasury. (202) 622–7180 (not toll-free numbers). placed on the building access list to
[FR Doc. E6–8500 Filed 5–31–06; 8:45 am] SUPPLEMENTARY INFORMATION: attend the hearing, see the FOR FURTHER
BILLING CODE 9111–14–P INFORMATION CONTACT section of this
Background preamble.
Temporary regulations in the Rules The rules of 26 CFR 601.601(a)(3)
DEPARTMENT OF THE TREASURY and Regulations section of this issue of apply to the hearing.
the Federal Register amend the Income Persons who wish to present oral
Internal Revenue Service Tax Regulations (26 CFR part 1) relating comments at the hearing must submit
to section 199. The temporary electronic or written comments and an
26 CFR Part 1 regulations provide guidance under outline of the topics to be discussed and
section 199 for taxpayers providing the time to be devoted to each topic (a
[REG–111578–06]
computer software to customers for the signed original and eight (8) copies) by
RIN 1545–BF56 customers’ direct use while connected August 8, 2006. A period of 10 minutes
to the Internet. The text of those will be allotted to each person for
Computer Software Under Section regulations also serves as the text of making comments. An agenda showing
199(c)(5)(B) these proposed regulations. The the scheduling of the speakers will be
AGENCY: Internal Revenue Service (IRS), preamble to the temporary regulations prepared after the deadline for receiving
Treasury. explains the amendments. outlines has passed. Copies of the
ACTION: Notice of proposed rulemaking
agenda will be available free of charge
Special Analyses
by cross-reference to temporary at the hearing.
It has been determined that this notice
regulations and notice of public hearing. of proposed rulemaking is not a Drafting Information
SUMMARY: In the Rules and Regulations significant regulatory action as defined The principal authors of these
section of this issue of the Federal in Executive Order 12866. Therefore, a regulations are Paul Handleman and
Register, the IRS is issuing temporary regulatory assessment is not required. It Lauren Ross Taylor, Office of Associate
regulations concerning the application also has been determined that section Chief Counsel (Passthroughs and
of section 199 of the Internal Revenue 553(b) of the Administrative Procedure Special Industries), IRS. However, other
Code, which provides a deduction for Act (5 U.S.C. chapter 5) does not apply personnel from the IRS and Treasury
income attributable to domestic to these regulations, and because the Department participated in their
production activities, to certain regulations do not impose a collection development.
transactions involving computer of information on small entities, the
Regulatory Flexibility Act (5 U.S.C. List of Subjects in 26 CFR Part 1
software. The text of those regulations
chapter 6) does not apply. Pursuant to Income taxes, Reporting and
also serves as the text of these proposed
section 7805(f) of the Internal Revenue recordkeeping requirements.
regulations. This document also
provides notice of a public hearing on Code, this notice of proposed Proposed Amendments to the
these proposed regulations. rulemaking will be submitted to the Regulations
Chief Counsel for Advocacy of the Small
DATES: Written or electronic comments Accordingly, 26 CFR part 1 is
Business Administration for comment
must be received by August 30, 2006. on their impact on small business. proposed to be amended as follows:
Outlines of topics to be discussed at the
public hearing scheduled for Tuesday, Comments and Public Hearing PART 1—INCOME TAXES
August 29, 2006, must be received by Before these proposed regulations are Paragraph 1. The authority citation
August 8, 2006. adopted as final regulations, for part 1 continues to read, in part as
ADDRESSES: Send submissions to: consideration will be given to any follows:
CC:PA:LPD:PR (REG–111578–06), Room written comments (a signed original and
5203, Internal Revenue Service, POB Authority: 26 U.S.C. 7805 * * *
eight (8) copies) or electronic comments Section 1.199–3 also issued under 26
7604, Ben Franklin Station, Washington, that are submitted timely to the IRS. U.S.C. 199(d). * * *
DC 20044. Submissions may be hand Comments are requested on all aspects Section 1.199–8 also issued under 26
delivered Monday through Friday of the proposed regulations. In addition, U.S.C. 199(d). * * *
between the hours of 8 a.m. and 4 p.m. the IRS and Treasury Department Par. 2. Section 1.199–3 is amended to
to: CC:PA:LPD:PR (REG–111578–06), specifically request comments on the read as follows:
Courier’s Desk, Internal Revenue clarity of the proposed rules and how
Service, 1111 Constitution Avenue, they can be made easier to understand. § 1.199–3 Domestic production gross
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NW., Washington, DC, or sent All comments will be available for receipts.
electronically, via the IRS Internet site public inspection and copying. [The text of the amendments to this
at http://www.irs.gov/regs or via the A public hearing has been scheduled proposed section is the same as the text
Federal eRulemaking Portal at http:// for Tuesday, August 29, 2006, at 10 a.m. of § 1.199–3T published elsewhere in
www.regulations.gov (IRS–REG– in the IRS Auditorium, Internal Revenue this issue of the Federal Register.]
111578–06). The public hearing will be Building, 1111 Constitution Avenue, Par. 3. Section 1.199–8 is amended to
held in the IRS Auditorium, Internal NW., Washington, DC. Due to building read as follows:

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