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26542 Federal Register / Vol. 72, No.

90 / Thursday, May 10, 2007 / Rules and Regulations

§ 135.364 Maximum flying time outside the Issued in Washington, DC, on May 2, 2007. 2. On page 18387, column 1, in the
United States. Rebecca MacPherson, preamble, under the paragraph heading
After February 15, 2008, no certificate Assistant Chief Counsel, Regulations ‘‘1. Time for Applying the 10-Percent
holder may operate an airplane, other Division. Shareholder Test’’, tenth line of the first
than an all-cargo airplane with more [FR Doc. E7–8810 Filed 5–9–07; 8:45 am] paragraph of the column, the language
than two engines, on a planned route BILLING CODE 4910–13–P ‘‘section 6031(c) is mailed or otherwise’’
that exceeds 180 minutes flying time (at is corrected to read ‘‘section 6031(b) is
the one-engine-inoperative cruise speed mailed or otherwise’’.
under standard conditions in still air) DEPARTMENT OF THE TREASURY LaNita Van Dyke,
from an Adequate Airport outside the Chief, Publications and Regulations Branch,
continental United States unless the Internal Revenue Service Legal Processing Division, Associate Chief
operation is approved by the FAA in Counsel (Procedure and Administration).
accordance with Appendix G of this 26 CFR Part 1 [FR Doc. E7–8923 Filed 5–9–07; 8:45 am]
part, Extended Operations (ETOPS). [TD 9323] BILLING CODE 4830–01–P

■ 5. In appendix G of part 135, in RIN 1545–BF64


section G135.2.8, revise paragraph (c)
and the introductory text to paragraph Revisions to Regulations Relating to DEPARTMENT OF THE TREASURY
(h) to read as follows: Repeal of Tax on Interest of
Internal Revenue Service
Nonresident Alien Individuals and
Appendix G to Part 135—Extended Foreign Corporations Received From
Operations (ETOPS) 26 CFR Part 1
Certain Portfolio Debt Investments;
* * * * * Correction
[TD 9323]
G135.2.8 Maintenance Program AGENCY: Internal Revenue Service (IRS),
Requirements Treasury. RIN 1545–BF64
* * * * * ACTION: Correction to final regulations.
(c) Limitations on dual maintenance. (1) Revisions to Regulations Relating to
Except as specified in paragraph SUMMARY: This document contains Repeal of Tax on Interest of
G135.2.8(c)(2) of this appendix, the corrections to final regulations (TD Nonresident Alien Individuals and
certificate holder may not perform scheduled 9323) that were published in the Foreign Corporations Received From
or unscheduled dual maintenance during the Federal Register on Thursday, April 12, Certain Portfolio Debt Investments;
same maintenance visit on the same or a 2007 (72 FR 18386) relating to the Correction
substantially similar ETOPS Significant exclusion from gross income of portfolio
System listed in the ETOPS maintenance interest paid to a nonresident alien AGENCY: Internal Revenue Service (IRS),
document, if the improper maintenance individual or foreign corporation. Treasury.
could result in the failure of an ETOPS DATES: The correction is effective May ACTION: Correcting amendment.
Significant System. 10, 2007.
(2) In the event dual maintenance as SUMMARY: This document contains a
FOR FURTHER INFORMATION CONTACT:
defined in paragraph G135.2.8(c)(1) of this correction to final regulations (TD 9323)
appendix cannot be avoided, the certificate
Kathryn Holman of the Office of the that were published in the Federal
holder may perform maintenance provided: Associate Chief Counsel (International), Register on Thursday, April 12, 2007
(i) The maintenance action on each (202) 622–3840 (not a toll-free call). (72 FR 18386) relating to the exclusion
affected ETOPS Significant System is SUPPLEMENTARY INFORMATION: from gross income of portfolio interest
performed by a different technician, or paid to a nonresident alien individual or
Background
(ii) The maintenance action on each foreign corporation.
affected ETOPS Significant System is The final regulations that are the
DATES: The correction is effective May
performed by the same technician under the subject of this correction are under
sections 871 and 881 of the Internal 10, 2007.
direct supervision of a second qualified
individual; and Revenue Code. FOR FURTHER INFORMATION CONTACT:
(iii) For either paragraph G135.2.8(c)(2)(i) Kathryn Holman of the Office of the
Need for Correction Associate Chief Counsel (International),
or (ii) of this appendix, a qualified individual
conducts a ground verification test and any As published, final regulations (TD (202) 622–3840 (not a toll-free call).
in-flight verification test required under the 9323) contain errors that may prove to SUPPLEMENTARY INFORMATION:
program developed pursuant to paragraph be misleading and are in need of
G135.2.8(d) of this appendix. clarification. Background
* * * * * The final regulations that are the
Correction of Publication
(h) Enhanced Continuing Analysis and subject of this correction are under
Surveillance System (E–CASS) program. A Accordingly, the publication of the sections 871 and 881 of the Internal
certificate holder’s existing CASS must be final regulations (TD 9323), which were Revenue Code.
enhanced to include all elements of the the subject of FR Doc. E7–6766, is
ETOPS maintenance program. In addition to corrected as follows: Need for Correction
the reporting requirements of § 135.415 and 1. On page 18386, column 3, in the As published, final regulations (TD
§ 135.417, the program includes reporting preamble, under the paragraph heading 9323) contain an error that may prove to
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procedures, in the form specified in ‘‘1. Time for Applying the 10-Percent be misleading and is in need of
§ 135.415(e), for the following significant Shareholder Test’’, ninth line of the last clarification.
events detrimental to ETOPS within 96 hours paragraph of the column, the language
of the occurrence to the certificate holding ‘‘under section 6031(c) is mailed, or List of Subjects in 26 CFR Part 1
district office (CHDO): the’’ is corrected to read ‘‘under section Income taxes, Reporting and
* * * * * 6031(b) is mailed, or the’’. recordkeeping requirements.

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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Rules and Regulations 26543

Correction of Publication nonmachinable surcharge to all Summary of First-Class Mail Changes


nonmachinable single-piece and
■ Accordingly, 26 CFR part 1 is Letter-rate First-Class Mail pieces
presorted First-Class Mail letters,
corrected by making the following with any of the nonmachinable
regardless of weight.
correcting amendment: characteristics in DMM 201.2.1 are
EFFECTIVE DATE: 12:01 a.m. on May 14, subject to a $0.17 nonmachinable
PART 1—INCOME TAXES 2007. surcharge. Originally the Commission
■ Paragraph 1. The authority citation FOR FURTHER INFORMATION CONTACT: Joel recommended the surcharge only for
for part 1 continues to read in part as Walker, 202–268–7261. pieces weighing 1 ounce or less.
follows: SUPPLEMENTARY INFORMATION: The Postal Summary of Priority Mail Changes
Authority: 26 U.S.C. 7805 * * * Service’s request in Docket No. R2006–
The USPS-produced flat-rate box is
■ Par. 2. Section 1.871–14 is amended 1 included mail classification changes,
charged $8.95, not $9.15 as the
by revising the second sentence of new pricing structures, and price
Commission originally recommended.
paragraph (g)(3)(ii) to read as follows: changes for most domestic mailing
We adopt the following amendments
services. This final rule provides new
§ 1.871–14 Rules relating to repeal of tax to Mailing Standards of the United
revisions to Mailing Standards of the
on interest of nonresident alien individuals States Postal Service, Domestic Mail
United States Postal Service, Domestic
and foreign corporations received from Manual (DMM), incorporated by
Mail Manual (DMM) that we will adopt
certain portfolio debt investments. reference in the Code of Federal
to implement two items that were
* * * * * Regulations. See 39 CFR 111.1.
reconsidered in the R2006–1 pricing
(g) * * * change. List of Subjects in 39 CFR Part 111
(3) * * *
(ii) * * * For example, in the case of You can find more information about Administrative practice and
U.S. source interest paid by a domestic the pricing change at http:// procedure, Postal Service.
corporation to a domestic partnership or www.usps.com/ratecase, including our
■ Accordingly, 39 CFR part 111 is
withholding foreign partnership (as proposed and final rules for all of the
rate and classification changes. Our Web amended as follows:
defined in § 1.1441–5(c)(2)), the 10-
percent shareholder test is applied site provides frequently asked PART 111—[AMENDED]
when any distributions that include the questions, press releases, and Mailers
interest are made to a foreign partner Companion and MailPro articles for ■ 1. The authority citation for 39 CFR
and, to the extent that a foreign partner’s business mailers. We also posted a new part 111 continues to read as follows:
distributive share of the interest has not version of the DMM with all of the Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
actually been distributed, on the earlier prices and standards effective May 14, 401, 403, 404, 414, 3001–3011, 3201–3219,
of the date that the statement required including the reconsidered prices in this 3403–3406, 3621, 3626, 5001.
under section 6031(b) is mailed or final rule. We encourage you to use ■ 2. Revise the following sections of
otherwise provided to such partner, or these materials as you prepare for the Mailing Standards of the United States
the due date for furnishing such pricing change. Postal Service, Domestic Mail Manual
statement. * * * Background (DMM), as follows:
* * * * * The Postal Service Board of Governors Mailing Standards of the United States
LaNita Van Dyke, set May 14, 2007, as the implementation Postal Service, Domestic Mail Manual
Chief, Publications and Regulations Branch, date for new prices and related changes (DMM)
Legal Processing Division, Associate Chief for all classes of mail and extra services, [Revise the rate tables and the text
Counsel (Procedure and Administration). with the exception of Periodicals mail, throughout the DMM to apply a $0.17
[FR Doc. E7–8922 Filed 5–9–07; 8:45 am] which we will implement on July 15, nonmachinable surcharge to all First-
BILLING CODE 4830–01–P 2007. While the Governors acted to Class Mail letters that meet one or more
implement all of the Postal Regulatory of the nonmachinable characteristics in
Commission’s recommended rates, they 101.1.2.]
POSTAL SERVICE also asked the Commission to
reconsider three issues: the prices for 100 Retail Mail: Letters, Cards, Flats,
39 CFR Part 111 Standard Mail flats, the application of and Parcels
the nonmachinable surcharge for First- * * * * *
New Standards for First-Class Mail and Class Mail letters, and the price for the
Priority Mail Services Priority Mail flat-rate box. 120 Retail Mail: Priority Mail
AGENCY: Postal Service. On April 27, 2007, the Commission 123 Rates and Eligibility
ACTION: Final rule. issued its Opinion and Recommended
1.0 Priority Mail Rates and Fees
Decision on Reconsideration regarding
SUMMARY: The Postal Service will adopt the nonmachinable surcharge for First- [Revise the rate tables to change the
new mailing standards and prices on Class Mail letters and the price for the Priority Mail flat-rate box price to
May 14, 2007, to support most of the Priority Mail flat-rate box. The $8.95.]
pricing change recommended by the Commission recommended that we * * * * *
Postal Regulatory Commission and remove the ‘‘1-ounce or less’’ limitation
approved by the Governors of the on the nonmachinable surcharge for 1.5 Flat-Rate Boxes and Envelopes
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United States Postal Service. After a First-Class Mail letters, and charge $8.95 * * * * *
reconsideration by the Postal Regulatory for the Priority Mail flat-rate box. The
1.5.1 Flat-Rate Boxes—Rate and
Commission, we are lowering the price Postal Service Board of Governors
Eligibility
for the Priority Mail flat-rate box to approved the recommended changes
$8.95 from the previously recommended and set May 14, 2007, as the effective [Update the flat-rate box price to $8.95
$9.15, and extending the $0.17 date. as follows:]

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