[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Rules and Regulations]
[Pages 59897-59898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24911]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 51

[TD 9544]
RIN 1545-BK34


Branded Prescription Drug Fee; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to temporary regulations.

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SUMMARY: This document contains corrections to temporary regulations 
that were published in the Federal Register on Thursday, August 18, 
2011. The temporary regulations provide guidance on the annual fee 
imposed on covered entities engaged in the business of manufacturing or 
importing branded prescription drugs. This fee was enacted by section 
9008 of the Patient Protection and Affordable Care Act, as amended by 
section 1404 of the Health Care and Education Reconciliation Act of 
2010.

DATES: This correction is effective on September 28, 2011 and applies 
to any fee on branded prescription drug sales that is due on or after 
September 30, 2011.

FOR FURTHER INFORMATION CONTACT: Celia Gabrysh, (202) 435-3130 (not a 
toll free number).

SUPPLEMENTARY INFORMATION:

Background

Need for Correction

    As published August 18, 2011 (76 FR 51245), the temporary 
regulations (TD 9544) contains errors that may prove to

[[Page 59898]]

be misleading and are in need of clarification.

Correction of Publication

    Accordingly, the temporary regulations (TD 9544), that are the 
subject of FR Doc. 2011-21011, are corrected as follows:
    1. On page 51247, column 3, in the preamble, under the paragraph 
heading ``IV. Information Provided by the Agencies'', line 6 of the 
third full paragraph of the column, the language ``with a specific 
HCPCS Code. CMS'' is corrected to read ``with a specific Healthcare 
Common Procedure Coding System (HCPCS) Code. CMS''.
    2. On page 51248, column 2, in the preamble, under the paragraph 
heading ``VI. Notice of Preliminary Fee Calculation'', line 5 from the 
bottom of the column, the language ``9008 (a)(2); the aggregate 
branded'' is corrected to read ``9008 (b)(2); the aggregate branded''.
    3. On page 51248, column 3, under the paragraph heading ``VIII. 
Notification and Payment of Fee'', line 1 of the paragraph, the 
language ``Section 9008(a) provides that the'' is corrected to read 
``Section 9008(a)(2) provides that the''
    4. On page 51248, column 3, under the paragraph heading ``VIII. 
Notification and Payment of Fee'', line 4 from the bottom of the 
column, the language ``section 9008(a)(2); the aggregate'' is corrected 
to read ``section 9008(b)(2); the aggregate''
    5. On page 51255, column 1, in the signature block line 2, the 
language ``Deputy Commissioner for Services and Enforcement.'' is 
corrected to read ``Acting Deputy Commissioner for Services and 
Enforcement.''

LaNita VanDyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, Procedure and Administration.
[FR Doc. 2011-24911 Filed 9-27-11; 8:45 am]
BILLING CODE 4830-01-P