Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 18059 

1 Identify if the observation site is an original 

observation site or an alternate observation site. 2 Occupants refer to both drivers and passengers. 

3The standard error may not exceed 2.5 percent. 

using the reporting form in Appendix A 

to this part: (1) Spreadsheet in electronic format 

containing the raw data for each 

observation site and the observation site 

weight; (2) Statewide seat belt use rate 

estimate and standard error; 

(3) Nonresponse rate for the variable 

‘‘belt use,’’ as provided in § 1340.9(f); (4) Dates of the reported data 

collection; 

(5) Observation sites, identified by 

type of observation site (i.e., observation 

site selected in the original survey 

design, alternate observation site 

selected subsequent to the original 

survey design), and by characteristics of 

the observation site visit (i.e., at least 

one vehicle observed, no vehicles 

observed); and 

(6) Name of the State survey 

statistician meeting the qualification 

requirements, as provided in 

§ 1340.8(c). 

(b) Certifications by Governor’s 

Highway Safety Representative. The 

Governor’s Highway Safety 

Representative (GR) or if delegated in 

writing, the Coordinator of the State 

Highway Safety Office, shall sign the 

reporting form certifying that— (1) llllllllhas been 

designated by the Governor as the GR, 

and if applicable, the GR has delegated 

the authority to sign the certification in 

writing to llllllll, the 

Coordinator of the State Highway Safety 

Office; 

(2) The reported Statewide seat belt 

use rate is based on a survey design that 

was approved by NHTSA, in writing, as 

conforming to the Uniform Criteria for 

State Observational Surveys of Seat Belt 

Use, 23 CFR Part 1340; 

(3) The survey design has remained 

unchanged since the survey was 

approved by NHTSA; and 

(4) llllllll, a qualified 

survey statistician, reviewed the seat 

belt use rate reported in Part A (of the 

certification) and information reported 

in Part B and has determined that they 

meet the Uniform Criteria for State 

Observational Surveys of Seat Belt Use, 

23 CFR part 1340. 

(d) Audits. NHTSA may audit State 

survey results and data collection. The 

State shall retain the following records 

for five years and make them available 

to NHTSA in electronic format within 

four weeks of request: 

(1) Computation programs used in the 

sample selection; 

(2) Computation programs used to 

estimate the Statewide seat belt use rate 

and standard errors for the surveys 

conducted since the last NHTSA 

approval of the sample design; and 

(3) Sampling frame(s) for design(s) 

used since the last NHTSA approval of 

the sample design. 

APPENDIX A TO PART 1340—STATE 

SEAT BELT USE SURVEY REPORTING 

FORM 

PART A: To be completed by the 

Governor’s Highway Safety Representative 

(GR) or if applicable, the Coordinator of the 

State Highway Safety Office. 

State: llllllllllllllllll

Calendar Year of Survey: lllllllll

Statewide Seat Belt Use Rate: lllllll

I hereby certify that: 

• llllllllhas been designated by 

the Governor as the State’s Highway Safety 

Representative (GR), and if applicable, the 

GR has delegated the authority to sign the 

certification in writing to 

lllllllll, the Coordinator of the 

State Highway Safety Office. 

• The reported Statewide seat belt use rate 

is based on a survey design that was 

approved by NHTSA, in writing, as 

conforming to the Uniform Criteria for State 

Observational Surveys of Seat Belt Use, 23 

CFR Part 1340. 

• The survey design has remained 

unchanged since the survey was approved by 

NHTSA. 

• llllllll, a qualified survey 

statistician, has reviewed the seat belt use 

rate reported above and information reported 

in Part B and has determined that they meet 

the Uniform Criteria for State Observational 

Surveys of Seat Belt Use, 23 CFR Part 1340. 

lllllllllllllllllllll

Signature 

lllllllllllllllllllll

Date 

lllllllllllllllllllll

Printed name of signing official 

PART B—DATA COLLECTED AT OBSERVATION SITES

Site ID Site type 1 Date 

observed 

Sample 

weight 

Number of 

drivers 

Number of 

front Passengers 

Number of 

occupants 2

belted 

Number of 

occupants 

unbelted 

Number of 

occupants 

with 

unknown 

belt use 

Total 

Standard Error of Statewide Belt Use 

Rate 3lll 

Nonresponse Rate, as provided in 

§ 1340.9(f) 

Nonresponse rate for the survey variable 

seat belt use: llll 

Issued on: March 28, 2011. 

David L. Strickland, 

Administrator, National Highway Traffic 

Safety Administration. 

[FR Doc. 2011–7632 Filed 3–31–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9519] 

RIN 1545–BF33 

Taxpayer Assistance Orders 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations relating to taxpayer 


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18060 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 

assistance orders. These regulations 

reflect changes to the law made by the 

Taxpayer Bill of Rights II, the Internal 

Revenue Service Restructuring and 

Reform Act of 1998, the Community 

Renewal Tax Relief Act of 2000, and the 

American Jobs Creation Act of 2004. 

The final regulations affect taxpayers in 

cases where a taxpayer assistance order 

is being considered or issued. 

DATES: Effective date: These regulations 

are effective on April 1, 2011. 

Applicability date: For dates of 

applicability, see § 301.7811–1(f). 

FOR FURTHER INFORMATION CONTACT: 

Janice R. Feldman, (202) 622–8488 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

These final regulations contain rules 

related to taxpayer assistance orders 

under sections 7811 of the Internal 

Revenue Code (Code). These regulations 

are necessary to reflect changes to the 

law made by the Taxpayer Bill of Rights 

II (TBOR 2), the Internal Revenue 

Service Restructuring and Reform Act of 

1998 (RRA 98), the Community Renewal 

Tax Relief Act of 2000, and the 

American Jobs Creation Act of 2004. On 

July 27, 2009, a notice of proposed 

rulemaking (REG–152166–05) relating to 

taxpayer assistance orders was 

published in the Federal Register (74 

FR 36973). No comments were received 

from the public in response to the notice 

of proposed rulemaking. No public 

hearing was requested or held. The 

proposed regulations are adopted 

without substantive change by this 

Treasury decision with one exception. 

Example 3 in § 301.7811–1(a)(4)(iv) of 

the regulations illustrating significant 

costs was revised slightly. 

Furthermore, § 301.7811–1(g) of the 

final regulations (TD 8403) published on 

March 23, 1992, in the Federal Register 

(57 FR 9975) defined the term 

‘‘Ombudsman.’’ After these final 

regulations were published, section 101 

of TBOR 2, Public Law 104–168, 110 

Stat. 1452 (1996), amended section 7811 

by changing the name of the 

‘‘Ombudsman’’ to the ‘‘Taxpayer 

Advocate.’’ Section 1102 of RRA 98, 

Public Law 105–206, 112 Stat. 685 

(1998), further amended section 7811, 

by replacing ‘‘Taxpayer Advocate’’ with 

‘‘National Taxpayer Advocate.’’ Thus, 

§ 301.7811–1(g), which defined the 

obsolete term ‘‘ombudsman’’ is being 

removed by these final regulations as it 

is obsolete. Section 301.7811–1(e) of the 

existing final regulations (TD 8403), 

which contains the term ‘‘ombudsman’’ 

and concerns the suspension of the 

statute of limitations, was not revised by 

these final regulations as changes to that 

section may involve changes to IRS 

computer processing systems. Thus, all 

references to the term ‘‘ombudsman’’ in 

§ 301.7811–1(e) should, consistent with 

the current version of the statute, be 

construed as referring to the ‘‘National 

Taxpayer Advocate.’’ Possible revisions 

to § 301.7811–1(e) will be considered at 

a later date. 

Special Analyses 

It has been determined that this 

Treasury decision 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 these regulations. Pursuant to the 

Regulatory Flexibility Act (5 U.S.C. 

chapter 6), it is hereby certified that 

these regulations will not have a 

significant economic impact on a 

substantial number of small entities. 

The information required under this 

Treasury decision is already required by 

the current regulations and the Form 

911, ‘‘Request for Taxpayer Advocate 

Service Assistance (and Application for 

Taxpayer Assistance Order).’’ In 

addition, the Form 911 takes minimal 

time and expense to prepare, and the 

filing of a Form 911 is optional. 

Therefore, preparing the Form 911 does 

not significantly increase the burden on 

taxpayers. Based on these facts, the 

Treasury Department and the IRS have 

determined that these regulations will 

not have a significant economic impact 

on a substantial number of small 

entities. Furthermore, the substance of 

the regulations does not concern the 

Form 911, but the procedures the 

Taxpayer Advocate Service (TAS) or the 

Internal Revenue Service (IRS) must 

follow with respect to taxpayer 

assistance orders. Therefore, any burden 

created by these regulations is on the 

TAS or IRS, not taxpayers. Pursuant to 

section 7805(f) of the Code, the notice 

of proposed rulemaking preceding these 

regulations was submitted to the Chief 

Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Drafting Information 

The principal author of these 

regulations is Janice R. Feldman, Office 

of the Special Counsel (National 

Taxpayer Advocate Program) (CC:NTA). 

List of Subjects in 26 CFR Part 301 

Employment taxes, Estate taxes, 

Excise taxes, Gift taxes, Income taxes, 

Penalties, Reporting and recordkeeping 

requirements. 

Adoption of the Amendments to the 

Regulations 

Accordingly, 26 CFR part 301 is 

amended as follows: 

PART 301—PROCEDURE AND 

ADMINISTRATION 

■ Paragraph 1. The authority citation 

for part 301 continues to read in part as 

follows: 

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

■ Par. 2. Section 301.7811–1 is 

amended by revising paragraphs (a), (b), 

(c) and (d), removing paragraphs (f), (g), 

(h) and redesignating paragraph (h) as (f) 

and revising newly designated 

paragraph (f) to read as follows: 

§ 301.7811–1 Taxpayer assistance orders. 

(a) Authority To Issue—(1) In general. 

When an application for a taxpayer 

assistance order (TAO) is filed by the 

taxpayer or the taxpayer’s authorized 

representative in the form, manner and 

time specified in paragraph (b) of this 

section, the National Taxpayer Advocate 

(NTA) may issue a TAO if, in the 

determination of the NTA, the taxpayer 

is suffering or is about to suffer a 

significant hardship as a result of the 

manner in which the internal revenue 

laws are being administered by the 

Internal Revenue Service (IRS), 

including action or inaction on the part 

of the IRS. 

(2) The National Taxpayer Advocate 

defined. The term National Taxpayer 

Advocate includes any designee of the 

NTA, such as a Local Taxpayer 

Advocate. 

(3) Issuance without a written 

application. The NTA may issue a TAO 

in the absence of a written application 

by the taxpayer under section 7811(a). 

(4) Significant hardship—(i) 

Determination required. Before a TAO 

may be issued, the NTA is required to 

make a determination regarding 

significant hardship. 

(ii) Term defined. The term significant 

hardship means a serious privation 

caused or about to be caused to the 

taxpayer as the result of the particular 

manner in which the revenue laws are 

being administered by the IRS. 

Significant hardship includes situations 

in which a system or procedure fails to 

operate as intended or fails to resolve 

the taxpayer’s problem or dispute with 

the IRS. A significant hardship also 

includes, but is not limited to: 

(A) An immediate threat of adverse 

action; 

(B) A delay of more than 30 days in 

resolving taxpayer account problems; 

(C) The incurring by the taxpayer of 

significant costs (including fees for 


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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 18061 

professional representation) if relief is 

not granted; or 

(D) Irreparable injury to, or a longterm adverse impact on, the taxpayer if 

relief is not granted. 

(iii) A delay of more than 30 days in 

resolving taxpayer account problems is 

further defined. A delay of more than 30 

days in resolving taxpayer account 

problems exists under the following 

conditions: 

(A) When a taxpayer does not receive 

a response by the date promised by the 

IRS; or 

(B) When the IRS has established a 

normal processing time for taking an 

action and the taxpayer experiences a 

delay of more than 30 days beyond the 

normal processing time. 

(iv) Examples of significant hardship. 

The provisions of this section are 

illustrated by the following examples: 

Example 1. Immediate threat of adverse 

action. The IRS serves a levy on A’s bank 

account. A needs the bank funds to pay for 

a medically necessary surgical procedure that 

is scheduled to take place in one week. If the 

levy is not released, A will lack the funds 

necessary to have the procedure. A is 

experiencing an immediate threat of adverse 

action. 

Example 2. Delay of more than 30 days. B 

files a Form 4506, ‘‘Request for a Copy of Tax 

Return.’’ B does not receive the photocopy of 

the tax return after waiting more than 30 days 

beyond the normal time for processing. B is 

experiencing a delay of more than 30 days. 

Example 3. Significant costs. The IRS 

sends XYZ, Inc. a notice requesting payment 

of the outstanding employment taxes and 

penalties owed by XYZ, Inc. The notice 

indicates that XYZ, Inc. has small 

employment tax balances with respect to 12 

employment tax quarters totaling $10X. XYZ, 

Inc. provides documentation to the IRS 

which it contends shows that if all payments 

were applied to each quarter correctly, there 

would be no balance due. The IRS requests 

additional records and documentation. 

Because there are 12 quarters involved, to 

comply with this request XYZ, Inc. asserts 

that it will need to hire an accountant, who 

estimates he will charge at least $5X to 

organize all the records and provide a 

detailed analysis of how to apply the 

deposits and payments. XYZ, Inc. is facing 

significant costs. 

Example 4. Irreparable injury. D has 

arranged with a bank to refinance his 

mortgage to lower his monthly payment. D is 

unable to make the current monthly 

payment. Unless the monthly payment 

amount is lowered, D will lose his residence 

to foreclosure. The IRS refuses to subordinate 

the Federal tax lien, as permitted by section 

6325(d), or discharge the property subject to 

the lien, as permitted by section 6325(b). As 

a result, the bank will not allow D to 

refinance. D is facing an irreparable injury if 

relief is not granted. 

(5) Distinction between significant 

hardship and the issuance of a TAO. A 

finding that a taxpayer is suffering or 

about to suffer a significant hardship as 

a result of the manner in which the 

internal revenue laws are being 

administered by the IRS will not 

automatically result in the issuance of a 

TAO. After making a determination of 

significant hardship, the NTA must 

determine whether the facts and the law 

support relief for the taxpayer. In cases 

where any IRS employee is not 

following applicable published 

administrative guidance (including the 

Internal Revenue Manual), the NTA 

shall construe the factors taken into 

account in determining whether to issue 

a TAO in the manner most favorable to 

the taxpayer. 

(b) Generally. A TAO is an order by 

the NTA to the IRS. The IRS will 

comply with a TAO unless it is 

appealed and then modified or 

rescinded by the NTA, the 

Commissioner, or the Deputy 

Commissioner. If a TAO is modified or 

rescinded by the Commissioner or the 

Deputy Commissioner, a written 

explanation of the reasons for the 

modification or rescission must be 

provided to the NTA. The NTA may not 

make a substantive determination of any 

tax liability. A TAO is also not intended 

to be a substitute for an established 

administrative or judicial review 

procedure, but rather is intended to 

supplement existing procedures if a 

taxpayer is about to suffer or is suffering 

a significant hardship. A request for a 

TAO shall be made on a Form 911, 

‘‘Request for Taxpayer Advocate Service 

Assistance (And Application for 

Taxpayer Assistance Order)’’ (or other 

specified form) or in a written statement 

that provides sufficient information for 

the Taxpayer Advocate Service (TAS) to 

determine the nature of the harm or the 

need for assistance. A taxpayer’s right to 

administrative or judicial review will 

not be diminished or expanded in any 

way as a result of the taxpayer’s seeking 

assistance from TAS. 

(c) Contents of taxpayer assistance 

orders. After establishing that the 

taxpayer is facing significant hardship 

and determining that the facts and law 

support relief to the taxpayer, the NTA 

may issue a TAO ordering the IRS 

within a specified time to— 

(1) Release a levy. Release levied 

property (to the extent that the IRS may 

by law release such property); or 

(2) Take certain other actions. Cease 

any action, take any action as permitted 

by law, or refrain from taking any action 

with respect to a taxpayer pursuant to— 

(i) Chapter 64 (relating to collection); 

(ii) Chapter 70, subchapter B (relating 

to bankruptcy and receiverships); 

(iii) Chapter 78 (relating to discovery 

of liability and enforcement of title); or 

(iv) Any other provision of the 

internal revenue laws specifically 

described by the NTA in the TAO. 

(3) Expedite, review, or reconsider an 

action at a higher level. Although the 

NTA may not make the substantive 

determination, a TAO may be issued to 

require the IRS to expedite, reconsider, 

or review at a higher level an action 

taken with respect to a determination or 

collection of a tax liability. 

(4) Examples. The following examples 

assume the existence of significant 

hardship: 

Example 1. J contacts a Local Taxpayer 

Advocate because a wage levy is causing 

financial difficulties. The NTA determines 

that the levy should be released as it is 

causing economic hardship (within the 

meaning of section 6343(a)(1)(D) and 

§ 301.6343–1(b)(4)). The NTA may issue a 

TAO ordering the IRS to release the levy in 

whole or in part by a specified date. 

Example 2. The IRS rejects K’s offer in 

compromise. K files a Form 911, ‘‘Request for 

Taxpayer Advocate Service Assistance (And 

Application for Taxpayer Assistance Order).’’ 

The NTA discovers facts that support 

acceptance of the offer in compromise. The 

NTA may issue a TAO ordering the IRS to 

reconsider its rejection of the offer or to 

review the rejection of the offer at a higher 

level. The TAO may include the NTA’s 

analysis of and recommendation for resolving 

the case. 

Example 3. L files a protest requesting 

Appeals consideration of IRS’s proposed 

denial of L’s request for innocent spouse 

relief. Appeals advises L that it is going to 

issue a Final Determination denying the 

request for innocent spouse relief. L files a 

Form 911, ‘‘Request for Taxpayer Advocate 

Service Assistance (And Application for 

Taxpayer Assistance Order).’’ The NTA 

reviews the administrative record and 

concludes that the facts support granting 

innocent spouse relief. The NTA may issue 

a TAO ordering Appeals to refrain from 

issuing a Final Determination and reconsider 

or review at a higher level its decision to 

deny innocent spouse relief. The TAO may 

include the NTA’s analysis of and 

recommendation for resolving the case. 

(d) Issuance. A TAO may be issued to 

any office, operating division, or 

function of the IRS. A TAO shall apply 

to persons performing services under a 

qualified tax collection contract (as 

defined in section 6306(b)) to the same 

extent and in the same manner as the 

order applies to IRS employees. A TAO 

will not be issued to IRS Criminal 

Investigation division (CI), or any 

successor IRS division responsible for 

the criminal investigation function, if 

the action ordered in the TAO could 

reasonably be expected to impede a 

criminal investigation. CI will 

determine whether the action ordered in 

the TAO could reasonably be expected 

to impede an investigation. Generally, a 


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18062 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Rules and Regulations 

TAO may not be issued to the Office of 

Chief Counsel. 

* * * * * 

(f) Effective/applicability date. These 

regulations are applicable for TAOs 

issued on or after April 1, 2011, except 

that paragraph (e) of this section is 

applicable beginning March 20, 1992. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: March 25, 2011. 

Michael Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2011–7770 Filed 3–31–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Parts 306, 356, 357, and 363 

U.S. Securities; Sale and Issue of 

Marketable Book-Entry Treasury Bills, 

Notes, and Bonds; Book-Entry 

Treasury Bonds, Notes and Bills Held 

in Treasury/Reserve Automated Debt 

Entry System (TRADES) and Legacy 

Treasury Direct; Securities Held in 

TreasuryDirect 

AGENCY: Bureau of the Public Debt, 

Fiscal Service, Treasury. 

ACTION: Final rule. 

SUMMARY: In order to reduce costs and 

duplication of systems, the Department 

of the Treasury (Treasury) is limiting 

options available in its Legacy Treasury 

Direct system. New customer accounts 

will no longer be opened and transfers 

of securities from other book-entry 

systems will no longer be accepted. 

Treasury also intends to limit the 

securities that will be available for 

purchase or reinvestment in existing 

accounts. 

DATES: Effective date: May 1, 2011. 

ADDRESSES: You can download this 

Final Rule at the following Internet 

addresses: http://www.publicdebt.

treas.gov, http://www.gpo.gov, or http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Elisha Whipkey, Director, Division of 

Program Administration, Office of Retail 

Securities, Bureau of the Public Debt, at 

(304) 480–6319 or 

elisha.whipkey@bpd.treas.gov. 

Lisa Martin, Attorney-Adviser; Mary 

Schaffer, Attorney-Adviser; Edward 

Gronseth, Deputy Chief Counsel, Office 

of the Chief Counsel, Bureau of the 

Public Debt, at (304) 480–8692 or 

lisa.martin@bpd.treas.gov. 

SUPPLEMENTARY INFORMATION: Legacy 

Treasury Direct ® is a book-entry, nonInternet-based system established in 

1986 for customers to buy, hold, and 

conduct permitted transactions in 

eligible marketable Treasury securities 

directly with Treasury rather than 

indirectly through an intermediary such 

as a dealer or a depository institution 

(51 FR 18260–01 (May 16, 1986) 

(codified at 31 CFR part 357)). Legacy 

Treasury Direct customers conduct 

transactions in paper form, although 

certain transactions can be made 

through an Internet interface or through 

an automated phone system. 

In 2002, Treasury launched 

TreasuryDirect ®, an Internet-based 

system for purchasing, holding, and 

conducting permitted transactions in 

eligible Treasury securities in bookentry form directly with Treasury rather 

than indirectly through an intermediary 

(67 FR 64276–01 (Oct. 17, 2002) 

(codified at 31 CFR part 363)). 

TreasuryDirect allows customers to 

invest in both savings bonds and 

marketable Treasury securities— 

Treasury bills, notes, bonds, and 

inflation-protected securities (TIPS)— 

using one Web-based account. In 

TreasuryDirect, customers can purchase 

securities and manage their holdings 

online and can conduct most 

transactions without assistance. 

When TreasuryDirect was 

implemented, the goal was to provide 

an up-to-date system that would 

eventually become Treasury’s only 

system for holding marketable securities 

directly with Treasury. It remains 

Treasury’s long-term plan to consolidate 

all retail sales of marketable Treasury 

securities in one system to avoid 

duplication of services and to create an 

all-electronic, cost-effective 

environment for holding marketable 

Treasury securities directly with 

Treasury. By gradually eliminating 

redundant systems and eventually 

consolidating all directly-held 

marketable securities into one system, 

Treasury will realize savings in 

administrative costs, and customers will 

be able to manage their accounts 

independently. 

As a step toward achieving this goal, 

Treasury will no longer accept the 

establishment of new accounts in 

Legacy Treasury Direct or transfers of 

marketable securities into existing 

Legacy Treasury Direct accounts, 

effective May 1, 2011. Concurrently, 

Treasury intends to limit the 

opportunities for purchasing and 

reinvesting in new securities in Legacy 

Treasury Direct by reducing the number 

of securities offered for auction that are 

eligible to be held in Legacy Treasury 

Direct. Treasury further intends to 

discontinue all offerings of securities 

eligible to be held in Legacy Treasury 

Direct by November 2012. 

For now, customers with existing 

Legacy Treasury Direct accounts can 

continue to hold and make permitted 

transactions in securities in those 

accounts. Current Legacy Treasury 

Direct account holders will be 

encouraged to transfer their holdings to 

accounts in TreasuryDirect. Customers 

will be provided with information about 

creating TreasuryDirect accounts and 

the transfer process, and assistance will 

be available for those choosing to make 

the transition to TreasuryDirect. 

Procedural Requirements 

Executive Order 12866. This rule is 

not a significant regulatory action 

pursuant to Executive Order 12866. 

Administrative Procedure Act (APA). 

Because this rule relates to United 

States securities, which are contracts 

between Treasury and the owner of the 

security, this rule falls within the 

contract exception to the APA, 5 U.S.C. 

553(a)(2). As a result, the notice, public 

comment, and delayed effective date 

provisions of the APA are inapplicable 

to this rule. 

Regulatory Flexibility Act. The 

provisions of the Regulatory Flexibility 

Act, 5 U.S.C. 601 et seq., do not apply 

to this rule because, pursuant to 5 

U.S.C. 553(a)(2), it is not required to be 

issued with notice and opportunity for 

public comment. 

Paperwork Reduction Act (PRA). 

There is no new collection of 

information contained in this final rule 

that would be subject to the PRA, 44 

U.S.C. 3501 et seq. Under the PRA, 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 OMB control number. 

The Office of Management and Budget 

already has approved all collections of 

information for these parts (OMB No. 

1535–0059, OMB No. 1535–0112, OMB 

No. 1535–0068, and OMB No. 1535– 

0138). 

Congressional Review Act (CRA). This 

rule is not a major rule pursuant to the 

CRA, 5 U.S.C. 801 et seq., because it is 

a minor amendment that is expected to 

decrease costs for taxpayers; therefore, 

this rule is not expected to lead to any 

of the results listed in 5 U.S.C. 804(2). 

This rule may take immediate effect 

after we submit a copy of it to Congress 

and the Comptroller General. 


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