Guidance Under Section 355(e) Regarding Predecessors

Official source: Federal Register (GovInfo) (https://www.govinfo.gov/content/pkg/FR-2017-01-31/pdf/2017-01055.pdf), retrieved 2026-10-03. U.S. Government work (17 U.S.C. § 105).

Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations 8811

Federal election laws; and requiring the reimbursement to HUD of housing counseling grant funds that HUD finds were misused. After publication, HUD discovered an incorrect amendatory instruction. This document makes the necessary correction. The effective date for HUD’s final rule of January 13, 2017 is unchanged.

DATES: Effective January 31, 2017.

FOR FURTHER INFORMATION CONTACT: With respect to this supplementary document, contact Ariel Periera, Associate General Counsel for Legislation and Regulations, Department of Housing and Urban Development, 451 7th Street SW., Room 10238, Washington, DC 20410; telephone number 202–708–1793 (this is not a tollfree number). Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Relay Service at 800–877– 8339.

SUPPLEMENTARY INFORMATION: In the final rule FR Doc. 2016–29822, published in the Federal Register on December 14, 2016 (81 FR 90632), the following correction is made:

On page 90659, in the third column, revise amendatory instruction 17 to read ‘‘Add § 574.660 to read as follows:’’.

Dated: January 4, 2017. Aaron Santa Anna, Assistant General Counsel for Regulations.

[FR Doc. 2017–00255 Filed 1–30–17; 8:45 am]

BILLING CODE 4210–67–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 9805]

RIN 1545–BN18

Guidance Under Section 355(e) Regarding Predecessors, Successors, and Limitation on Gain Recognition; Guidance Under Section 355(f); Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Temporary regulations; correction.

SUMMARY: This document contains corrections to temporary regulations (TD 9805) that published in the Federal Register on Monday, December 19, 2016 (81 FR 91738). The temporary regulations provide guidance regarding the distribution by a distributing corporation of stock or securities of a

for ‘‘679.24(a)’’, ‘‘679.42(a) through (j)’’, and ‘‘679.24’’, ‘‘679.42(b), (k)(2), and (l)’’ are stayed until March 12, 2017.

Title 50—Wildlife and Fisheries

PART 300—INTERNATIONAL FISHERIES REGULATIONS

Subpart E—Pacific Halibut Fisheries

1. The authority citation for part 300, subpart E, continues to read as follows:

Authority: 16 U.S.C. 773–773k.

§ 300.61 [Amended]

1. In § 300.61, the definitions of ‘‘Fishing’’ and ‘‘IFQ halibut’’ are stayed until March 12, 2017.

PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

1. The authority citation for part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 111–281.

§ 679.2 [Amended]

1. In § 679.2, the definition of ‘‘Authorized fishing gear,’’ paragraphs (4)(i), (iii), and (iv), and the definition of ‘‘IFQ halibut’’ are stayed until March 12, 2017.

§ 679.5 [Amended]

1. In § 679.5, paragraph (a)(4)(i), the note to the table at paragraph (c)(1)(vi)(B), paragraphs (c)(2)(iii)(A), (c)(3)(i)(B), (c)(3)(ii)(A)( 1 ), (c)(3)(ii)(B)( 1 ), (c)(3)(iv)(A)( 2 ), (c)(3)(iv)(B)( 2 ), (c)(3)(v)(G), (l)(1)(iii)(F) and (G), and (l)(1)(iii)(H) and (I) are stayed until March 12, 2017.

§ 679.7 [Amended]

1. In § 679.7, paragraphs (a)(6) introductory text, (a)(6)(i), (a)(13) introductory text, (a)(13)(ii) introductory text, (a)(13)(iv), and (f)(17) through (25) are stayed until March 12, 2017.

§ 679.20 [Amended]

1. In § 679.20, paragraph (a)(4)(i), the paragraph (a)(4)(ii) heading, and paragraph (a)(4)(ii)(A) are stayed until March 12, 2017.

§ 679.23 [Amended]

1. In § 679.23, paragraph (g)(2) is stayed until March 12, 2017.

§ 679.24 [Amended]

1. In § 679.24, paragraphs (a)(3), (b)(1)(iii), (c)(2)(i)(A) and (B), and (c)(3) are stayed until March 12, 2017.

§ 679.42 [Amended]

1. In § 679.42, paragraphs (b)(1) and (2), (k)(1) and (2), and paragraph (l) are stayed until March 12, 2017.

§ 679.51 [Amended]

1. In § 679.51, paragraphs (a)(1)(i) introductory text and (a)(1)(i)(B) are stayed until March 12, 2017.

Table 15 to Part 679—[Amended]

1. In Table 15 to part 679, entries for ‘‘Pot’’, ‘‘Authorized gear for sablefish harvested from any GOA reporting area’’, and ‘‘Authorized gear for halibut harvested from any IFQ regulatory area’’, and ‘‘Authorized gear for halibut harvested from any IFQ regulatory area in the BSAI’’ are stayed until March 12,

[FR Doc. 2017–02055 Filed 1–30–17; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 574

[Docket No. FR 5339–C–04]

RIN 2502–AI94

Housing Counseling: New Certification Requirements; Correction

AGENCY: Office of the General Counsel, HUD.

ACTION: Final rule; correction.

SUMMARY: On December 14, 2016, HUD published a final rule implementing changes to HUD’s housing counseling statute to improve the effectiveness of housing counseling in HUD programs by, among other things: Establishing the Office of Housing Counseling and giving this office the authority over the establishment, coordination, and administration of all regulations, requirements, standards, and performance measures under programs and laws administered by HUD that relate to housing counseling; requiring that organizations providing housing counseling required under or in connection with HUD programs be approved to participate in the Housing Counseling Program (Housing Counseling Agencies, or HCAs) and have all individuals providing such housing counseling certified by HUD as competent to provide such services; prohibiting the distribution of housing counseling grant funds awarded to agencies participating in HUD’s Housing Counseling Program that are found in violation of Federal election laws or that have employees found in violation of

VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\31JAR1.SGM 31JAR1

8812 Federal Register / Vol. 82, No. 19 / Tuesday, January 31, 2017 / Rules and Regulations

controlled corporation without the recognition of income, gain, or loss.

DATES: This correction is effective January 31, 2017 and applicable December 19, 2016.

FOR FURTHER INFORMATION CONTACT: Richard K. Passales at (202) 317–5024 or Marie C. Milnes-Vasquez, (202) 317– 7700 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulation (TD 9805) that is the subject of this correction is under section 355 of the Internal Revenue Code.

Need for Correction

As published, the final regulation (TD 9805) contains errors that may prove to be misleading and are in need of clarification.

Correction of Publication

Accordingly, the final regulation (TD 9805), that are the subject of FR Doc. 2016–30160, are corrected as follows:

On page 91745, in the preamble, third column, the last line from the bottom of the last full paragraph, the language ‘‘Controlled stock its distributes.’’ is corrected to read ‘‘Controlled stock it distributes’’.

Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).

[FR Doc. 2017–01055 Filed 1–30–17; 8:45 am]

BILLING CODE 4830–01–P

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1601

RIN 3046–AB06

The 2017 Adjustment of the Penalty for Violation of Notice Posting Requirements

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, this final rule adjusts for inflation the civil monetary penalty for violation of the noticeposting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act.

DATES: This final rule is effective March 2, 2017.

FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal Counsel, (202) 663–4668, or Ashley M. Martin, General Attorney, (202) 663– 4695, Office of Legal Counsel, 131 M St. NE., Washington, DC 20507. Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663–4191 (voice) or (202) 663– 4494 (TTY), or to the Publications Information Center at 1–800–669–3362 (toll free).

SUPPLEMENTARY INFORMATION:

I. Background

Under section 711 of the Civil Rights Act of 1964 (Title VII), which is incorporated by reference in section 105 of the Americans with Disabilities Act (ADA) and section 207 of the Genetic Information Non-Discrimination Act (GINA), and 29 CFR 1601.30(a), every employer, employment agency, labor organization, and joint labormanagement committee controlling an apprenticeship or other training program covered by Title VII, ADA, or GINA must post notices describing the pertinent provisions of Title VII, ADA, or GINA. Such notices must be posted in prominent and accessible places where notices to employees, applicants, and members are customarily maintained.

The EEOC first adjusted the civil monetary penalty for violations of the notice posting requirements in 1997 pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIA Act), 28 U.S.C. 2461 note, as amended by the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104–134, Sec. 31001(s)(1), 110 Stat. 1373. A final rule was published in the Federal Register on May 16, 1997, at 62 FR 26934, which raised the maximum penalty per violation from $100 to $110. The EEOC’s second adjustment, made pursuant to the FCPIA Act, as amended by the DCIA, was published in the Federal Register on March 19, 2014, at 79 FR 15220 and raised the maximum penalty per violation from $110 to $210.

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114–74, Sec. 701(b), 129 Stat. 599, further amended the FCPIA Act, to require each federal agency, not later than July 1, 2016, and not later than January 15 of every year thereafter, to issue regulations adjusting for inflation the maximum civil penalty that may be imposed pursuant to each agency’s statutes. The EEOC’s initial adjustment

made pursuant to the 2015 Act was published in the Federal Register on June 2, 2016, at 81 FR 35269 and raised the maximum penalty per violation from $210 to $525. The purpose of the annual adjustment for inflation is to maintain the remedial impact of civil monetary penalties and promote compliance with the law. These periodic adjustments to the penalty are to be calculated pursuant to the inflation adjustment formula provided in section 5(b) of the 2015 Act and, in accordance with section 6 of the 2015 Act, the adjusted penalty will apply only to penalties assessed after the effective date of the adjustment. Generally, the periodic inflation adjustment to a civil monetary penalty under the 2015 Act will be based on the percentage change between the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October preceding the date of adjustment and the prior year’s October CPI–U.

II. Mathematical Calculation

The adjustment set forth in this final rule was calculated by comparing the CPI–U for October 2016 with the CPI– U for October 2015, resulting in an inflation adjustment factor of 1.01636. The first step of the calculation is to multiply the inflation adjustment factor (1.01636) by the most recent civil penalty amount ($525) to calculate the inflation-adjusted penalty level ($533.589). The second step is to round this inflation-adjusted penalty to the nearest dollar ($534). Accordingly, we are adjusting the maximum penalty per violation specified in 29 CFR 1601.30(a) from $525 to $534.

III. Regulatory Procedures

Administrative Procedure Act

The Administrative Procedure Act (APA) provides an exception to the notice and comment procedures where an agency finds good cause for dispensing with such procedures, on the basis that they are impracticable, unnecessary, or contrary to the public interest. EEOC finds that under 5 U.S.C. 553(b)(3)(B) good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule because this adjustment of the civil monetary penalty is required by the 2015 Act, the formula for calculating the adjustment to the penalty is prescribed by statute, and the Commission has no discretion in determining the amount of the published adjustment. Accordingly, we are issuing this revised regulation as a final rule without notice and comment.

VerDate Sep<11>2014 15:52 Jan 30, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\31JAR1.SGM 31JAR1