Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Proposed Rules 14827 

4Anti-Disruptive Trading Practices Authority 

Contained in the Dodd-Frank Wall Street Reform 

and Consumer Protection Act, 75 FR 211, Nov. 2, 

2010. 

New section 4c(a) expressly prohibits 

certain trading practices that are 

disruptive of fair and equitable trading. 

New section 4c(a) of the CEA makes it 

unlawful for any person to engage in 

any trading, practice, or conduct on or 

subject to the rules of a registered entity 

that— 

(A) Violates bids or offers; 

(B) Demonstrates intentional or reckless 

disregard for the orderly execution of 

transactions during the closing period; or 

(C) Is, is of the character of, or is commonly 

known to the trade as, ‘‘spoofing’’ (bidding or 

offering with the intent to cancel the bid or 

offer before execution). 

Section 747 of the Dodd-Frank Act 

also amended section 4c(a) by granting 

the Commission authority to promulgate 

such ‘‘rules and regulations as, in the 

judgment of the Commission, are 

reasonably necessary to prohibit the 

trading practices’’ enumerated in section 

747 ‘‘and any other trading practice that 

is disruptive of fair and equitable 

trading.’’ The prohibition on the 

disruptive practices specified in new 

section 4c(a) will become effective 360 

days after the enactment of the DoddFrank Act. 

On November 2, 2010, the 

Commission issued an ANPR inviting 

public comment on all aspects of 

section 747 of the Dodd-Frank Act.4

After reviewing the ANPR comments 

that were submitted, the Commission 

determined that it should address the 

disruptive practices by issuing a 

proposed order interpreting new CEA 

section 4c(a). Accordingly, this 

document terminates the ANPR issued 

on November 2, 2010. The proposed 

interpretive order referenced above, 

which incorporates the ANPR 

comments, is being published today 

elsewhere in the notice section of the 

Federal Register. 

This proposed interpretive order will 

provide market participants and the 

public with guidance on the scope of 

the three statutory disruptive practices 

set forth in new CEA section 4c(a). 

Issued in Washington, DC, on March 14, 

2011, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–6399 Filed 3–17–11; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[REG–153338–09] 

RIN 1545–BJ19 

Disclosure of Returns and Return 

Information to Designee of Taxpayer 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

and notice of public hearing. 

SUMMARY: This document contains a 

proposed regulation pertaining to the 

period for submission to the IRS of 

taxpayer authorizations permitting 

disclosure of returns and return 

information to third-party designees. 

Specifically, the proposed regulation 

extends from 60 days to 120 days the 

period within which a signed and dated 

authorization must be received by the 

IRS (or an agent or contractor of the IRS) 

in order for it to be effective. The 

proposed regulation extends the period 

as some institutions charged with 

assisting taxpayers in their financial 

dealings have encountered difficulty in 

obtaining written authorizations and 

submitting the authorizations within the 

60-day period allowed by the existing 

regulations. The proposed regulation 

will affect taxpayers who submit 

authorizations permitting disclosure of 

returns and return information to thirdparty designees. This document also 

provides notice of a public hearing on 

the proposed regulation. 

DATES: Written or electronic comments 

must be received by May 17, 2011. 

Outlines of topics to be discussed at the 

public hearing scheduled for Thursday, 

June 9, 2011 at 10 a.m. must be received 

by Wednesday, May 18, 2011. 

ADDRESSES: Send submissions to 

CC:PA:LPD:PR (REG–153338–09), room 

5205, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand delivered Monday through 

Friday between the hours of 8 a.m. and 

4 p.m. to: CC:PA:LPD:PR (REG–153338– 

09), Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC, or sent 

electronically via the Federal 

eRulemaking Portal at 

www.regulations.gov (IRS REG–153338– 

09). The public hearing will be held in 

Auditorium, Internal Revenue Service, 

1111 Constitution Avenue, NW., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulation, 

contact Amy Mielke, (202) 622–4570; 

concerning submissions of comments, 

the hearing, or to be placed on the 

building access list to attend the 

hearing, Oluwafunmilayo Taylor, (202) 

622–7180 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collection of information 

contained in this proposed regulation 

has been previously approved by the 

Office of Management and Budget in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)) under control number 

1545–1816. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by the Office of 

Management and Budget. 

Books and records relating to the 

collection of information must be 

retained as long as their contents may 

become material in the administration 

of any internal revenue law. Generally, 

tax returns and tax return information 

are confidential, as required by section 

6103. 

Background 

This document contains proposed 

amendments to the Procedure and 

Administration Regulations (26 CFR 

part 301). Section 6103(c) of the Internal 

Revenue Code (Code) authorizes the IRS 

(or an agent or contractor of the IRS) to 

disclose returns and return information 

to such person or persons as the 

taxpayer may designate in a request for 

or consent to disclosure. The proposed 

regulation amends § 301.6103(c)–1 by 

extending the period for submission to 

the IRS of taxpayer authorizations 

permitting disclosure of returns and 

return information to designees of a 

taxpayer. Specifically, the proposed 

regulation extends from 60 days to 120 

days the period within which a signed 

and dated authorization must be 

received by the IRS (or an agent or 

contractor of the IRS) in order for it to 

be effective. 

On December 18, 2009, the IRS 

published Notice 2010–8, 2010–3 IRB 

297, which announced an intention to 

amend the regulation under 

§ 301.6103(c)–1 to expand the time 

frame for submission of section 6103(c) 

authorizations. The notice additionally 

announced interim rules extending from 

60 days to 120 days the period within 

which section 6103(c) authorizations 

must be received in order to be effective. 

The interim rules apply to 

authorizations signed and dated on or 

after October 19, 2009. Per Notice 2010– 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
14828 Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Proposed Rules 

8, the interim rules remain in effect 

until promulgation of a final regulation 

under section 6103(c). See 

§ 601.601(d)(2)(ii)(d). 

Explanation of Provisions 

The IRS recognizes the importance of 

limiting the effective period of 

authorizations provided pursuant to 

section 6103(c). Reasonable limitation 

on the effective period of written 

authorizations helps ensure the 

currency of the authorization and 

protects taxpayer privacy. The 60-day 

period allowed by the existing 

regulation, however, has proven 

problematic. Some institutions charged 

with assisting taxpayers in their 

financial dealings have encountered 

difficulty in obtaining written 

authorizations and submitting the 

authorizations to the IRS within the 60 

days allowed by the existing regulation. 

To reduce the burden on taxpayers and 

the institutions and professionals 

assisting them, the IRS proposes 

amending the regulation under section 

6103(c) to extend from 60 days to 120 

days the period within which taxpayerprovided authorizations must be 

received by the IRS (or an agent or 

contractor of the IRS) in order to be 

effective. 

Proposed Effective Date 

This regulation, as proposed, will be 

effective upon publication in the 

Federal Register of a Treasury decision 

adopting this rule as a final regulation. 

The regulation, once effective, will 

apply to section 6103(c) authorizations 

signed on or after October 19, 2009. 

Effect on Other Documents 

Notice 2010–8, 2010–3 IRB 297, will 

be obsolete upon publication in the 

Federal Register of a Treasury decision 

adopting this rule as a final regulation. 

Special Analyses 

It has been determined that this 

proposed regulation is not a significant 

regulatory action as defined in 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to this regulation. Pursuant to section 

7805(f) of the Code, this notice of 

proposed rulemaking has been 

submitted to the Chief Counsel for 

Advocacy of the Small Business 

Administration for comment on its 

impact on small businesses. 

When an agency issues a rulemaking 

proposal, the Regulatory Flexibility Act 

(5 U.S.C. chapter 6), requires the agency 

to ‘‘prepare and make available for 

public comment an initial regulatory 

flexibility analysis’’ that will ‘‘describe 

the impact of the proposed rule on small 

entities.’’ (5 U.S.C. 603(a)). Section 605 

of the RFA provides an exception to this 

requirement if the agency certifies that 

the proposed rulemaking will not have 

a significant economic impact on a 

substantial number of small entities. It 

is hereby certified that the collection of 

information in this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

This certification is based upon the fact 

that any burden on taxpayers is 

minimal, since the regulation only 

applies to taxpayers which request or 

consent to the disclosure of returns or 

return information, and since the 

information collected is only that 

necessary to carry out the disclosure of 

returns or return information requested 

or consented to by the taxpayer (such as 

the name and taxpayer identification 

number of the taxpayer, the return or 

return information to be disclosed, and 

the identity of the designee). Moreover, 

it is based upon the fact that the 

regulation reduces the burden imposed 

upon taxpayers by the prior regulation 

by extending the period in which 

consents may be received by the IRS. 

Accordingly, a Regulatory Flexibility 

Analysis is not required. 

Comments and Public Hearing 

Before this proposed regulation is 

adopted as a final regulation, 

consideration will be given to any 

written comments (a signed original and 

eight (8) copies) and electronic 

comments that are timely submitted to 

the IRS. The IRS and the Treasury 

Department request comments on the 

clarity of the proposed rules and how 

they can be made easier to understand. 

All comments will be available for 

public inspection and copying. 

The public hearing is scheduled for 

Thursday, June 9, 2011 at 10 a.m., and 

will be held in Auditorium, Internal 

Revenue Service, 1111 Constitution 

Avenue, NW., Washington, DC. Due to 

building security procedures, visitors 

must enter at the Constitution Avenue 

entrance. All visitors must present 

photo identification to enter the 

building. Because of access restrictions, 

visitors will not be admitted beyond the 

immediate entrance area more than 30 

minutes before the hearing starts. For 

information about having your name 

placed on the building access list to 

attend the hearing, see the section of 

this preamble titled FOR FURTHER

INFORMATION CONTACT. 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who wish 

to present oral comments at the hearing 

must submit electronic or written 

comments and an outline of the topics 

to be discussed and the time to be 

devoted to each topic (signed original 

and eight (8) copies) by Wednesday, 

May 18, 2011. A period of 10 minutes 

will be allotted to each person for the 

making of comments. An agenda 

showing the scheduling of the speakers 

will be prepared after the deadline for 

receiving outlines has passed. Copies of 

the agenda will be available free of 

charge at the hearing. 

Drafting Information 

The principal author of this proposed 

regulation is Amy Mielke, Office of the 

Associate Chief Counsel (Procedure and 

Administration). 

List of Subjects in 26 CFR Part 301 

Administrative practice and 

procedure, Alimony, Bankruptcy, Child 

support, Continental shelf, Courts, 

Crime, Employment taxes, Estate taxes, 

Excise taxes, Gift taxes, Income taxes, 

Investigations, Law enforcement, Oil 

pollution, Penalties, Pensions, 

Reporting and recordkeeping 

requirements, Seals and insignia, 

Statistics, Taxes. 

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 301 is 

proposed to be amended as follows: 

PART 301—PROCEDURE AND 

ADMINISTRATION 

Paragraph 1. The authority citation 

for part 301 continues to read as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

Par. 2. Section 301.6103(c)–1 is 

amended by revising paragraphs (b)(2) 

and (f) and adding paragraph (g) to read 

as follows: 

§ 301.6103(c)–1 Disclosure of returns and 

return information to designee of taxpayer. 

* * * * * 

(b) * * * 

(2) Requirement that request or 

consent be received within one hundred 

twenty days of when signed and dated. 

The disclosure of a return or return 

information authorized by a written 

request for or written consent to the 

disclosure shall not be made unless the 

request or consent is received by the 

Internal Revenue Service (or an agent or 

contractor of the Internal Revenue 

Service) within 120 days following the 

date upon which the request or consent 

was signed and dated by the taxpayer. 

* * * * * 

(f) Applicability date. This section is 

applicable to section 6103(c) 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 53 / Friday, March 18, 2011 / Proposed Rules 14829 

authorizations signed on or after 

October 19, 2009. 

(g) Effective date. This section is 

effective on the date that the final 

regulations are published in the Federal 

Register. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2011–6449 Filed 3–17–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0114] 

RIN 1625–AA00 

Safety Zone; 2011 Hylebos Bridge 

Restoration, Hylebos Waterway, 

Tacoma, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Coast Guard is 

proposing to establish a temporary 

safety zone extending 50 yards to the 

north and south of the Hylebos Bridge, 

Tacoma, WA in both directions along 

the entire length of the Hylebos Bridge 

to ensure the safety of the boating public 

during the Hylebos Bridge restoration 

project. This safety zone is necessary to 

protect vessels transiting in the vicinity 

of the Hylebos Bridge from falling debris 

resulting from concrete removal 

performed as part of the bridge 

restoration. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 17, 2011. Requests for 

public meetings must be received by the 

Coast Guard on or before April 18, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–0114 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Ensign Anthony P. 

LaBoy, USCG Sector Puget Sound 

Waterways Management Division, Coast 

Guard; telephone 206–217–6323, e-mail 

SectorPugetSoundWWM@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–0114), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2011–0114’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2011– 

0114’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact Ensign Anthony 

P. LaBoy at the telephone number or email address indicated under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

Basis and Purpose 

The Hylebos Bridge restoration 

involves removal of deteriorated 


jlentini on DSKJ8SOYB1PROD with PROPOSALS