47436 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 524 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under the 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 524 is amended as follows: 

PART 524—OPHTHALMIC AND 

TOPICAL DOSAGE FORM NEW 

ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 524 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

§ 524.590 [Amended] 

■ 2. In § 524.590, remove the first 

sentence of paragraph (c)(3) ‘‘Not for use 

in horses intended for food.’’ and in its 

place add ‘‘Do not use in horses 

intended for human consumption.’’. 

Dated: September 11, 2009. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E9–22292 Filed 9–15–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 602 

[TD 9463] 

RIN 1545–BG77 

Modifications of Commercial Mortgage 

Loans Held by a Real Estate Mortgage 

Investment Conduit (REMIC) 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulation. 

SUMMARY: This document contains final 

regulations that expand the list of 

permitted loan modifications to include 

certain modifications that are often 

made to commercial mortgages. Changes 

to the regulations are necessary to better 

accommodate evolving practices in the 

commercial-mortgage industry. These 

changes will affect lenders, borrowers, 

servicers, and sponsors of 

securitizations of mortgages in REMICs. 

DATES: Effective Date: These regulations 

are effective on or after September 16, 

2009. 

Applicability Date: For date of 

applicability, see § 1.860A–1(b). 

FOR FURTHER INFORMATION CONTACT: 

Diana Imholtz or Susan Thompson 

Baker at (202) 622–3930 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collection of information 

contained in this final regulation has 

been reviewed and 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– 

2110. The collection of information in 

this final regulation is in § 1.860G– 

2(b)(7). This information is required in 

order to show that certain modifications 

to mortgages permitted by this final 

regulation will not cause the modified 

mortgage to cease to be a qualified 

mortgage. The collection of information 

is voluntary to obtain a benefit. 

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. 

Books or records relating to a 

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 26 

U.S.C. 6103. 

Background 

This document contains amendments 

to 26 CFR part 1 under section 860G of 

the Internal Revenue Code (Code). In 

Notice 2007–17 (2007–1 CB 748 (March 

19, 2007)), the IRS and the Treasury 

Department requested input on whether 

the present REMIC regulations should 

be amended to permit additional types 

of modifications incurred in connection 

with commercial mortgage loans. See 

§ 601.601(d)(2)(ii)(b). The IRS and the 

Treasury Department received several 

comments in response to this request 

(the Notice 2007–17 Comments). After 

consideration of the Notice 2007–17 

Comments, the IRS and the Treasury 

Department published in the Federal 

Register (72 FR 63523) on November 9, 

2007, proposed regulations (REG– 

127770–07) that would expand the list 

of permitted loan modifications to 

include certain modifications that are 

often made to commercial mortgages. 

The IRS and the Treasury Department 

received additional comments in 

response to the proposed regulations 

(the Proposed Regulation Comments). A 

public hearing was requested and was 

held on April 4, 2008 (73 FR 12041). 

After consideration of the Proposed 

Regulation Comments, the proposed 

regulations are adopted as revised by 

this Treasury decision. 

Summary of Comments and 

Explanation of Provisions 

Except as specifically provided in 

§ 1.860G–2(b)(3), if there is a significant 

modification of an obligation that is 

held by a REMIC, then the modified 

obligation is treated as one that was 

newly issued in exchange for the 

unmodified obligation that it replaced. 

See § 1.860G–2(b)(1). For this purpose, 

the rules in § 1.1001–3(e) determine 

whether a modification is ‘‘significant.’’ 

See § 1.860G–2(b)(2). Because of when it 

is treated as having been acquired in the 

deemed exchange, a significantly 

modified obligation generally fails to be 

a qualified mortgage. Section 1.860G– 

2(b)(3), however, contains a list of 

modifications that are expressly 

permitted without regard to the section 

1001 modification rules. 

The final regulations expand this list 

of permitted exceptions to include 

changes in collateral, guarantees, and 

credit enhancement of an obligation and 

changes to the recourse nature of an 

obligation. These changes are permitted 

so long as the obligation continues to be 

principally secured by an interest in real 

property. The final regulations also 

clarify when a release of a lien on real 

property securing a qualified mortgage 

does not disqualify the mortgage. 

The Proposed Regulation Comments 

included requests for clarification and 

recommendations relating to the 

following: (i) The lien release rule; (ii) 

the requirement to retest the collateral 

value; (iii) the appraisal requirement; 

(iv) changes in the nature of an 

obligation from nonrecourse to recourse; 

(v) investment trusts; and (vi) other 

proposals set forth in the Notice 2007– 

17 Comments that were not included in 

the proposed regulations. 

1. The Lien Release Rule 

The proposed regulations would 

provide that a lien release pursuant to 

certain changes in collateral would not 

cause a qualified mortgage to cease to be 

a qualified mortgage on the date the lien 

is released. Commentators indicated 

that, as drafted, the proposed 

regulations could be interpreted to 

prohibit other types of lien releases, 

including lien releases that are 

occasioned by a default or reasonably 

foreseeable default under § 1.860G– 

2(b)(3)(i) and lien releases that are 

permitted pursuant to the terms of the 

mortgage loan and are not modifications 

for purposes of § 1.1001–3. In response 


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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 47437 

to these comments, the final regulations 

clarify that a release of a lien on real 

property that does not result in a 

significant modification under § 1.1001– 

3 (for example, a release or substitution 

of collateral pursuant to the borrower’s 

unilateral option under the terms of the 

mortgage loan) is not a release that 

disqualifies a mortgage loan, so long as 

the mortgage continues to be principally 

secured by real property after giving 

effect to any releases, substitutions, 

additions, or other alterations to the 

collateral. Similarly, the final 

regulations clarify that a lien release 

occasioned by a default or a reasonably 

foreseeable default is not a release that 

disqualifies the mortgage, so long as the 

principally-secured test continues to be 

satisfied. 

2. The Requirement To Retest the 

Collateral Value 

Section 1.860G–2(a)(1) of the 

regulations provides that an obligation 

is principally secured by an interest in 

real property if the fair market value of 

the real property that secures the 

obligation equals at least 80 percent of 

the adjusted issue price of the 

obligation. The regulations require the 

80-percent test to be satisfied either at 

the time the obligation was originated or 

at the time the sponsor contributes the 

obligation to the REMIC. After the 

startup day, the regulations do not 

require ongoing satisfaction of the 80- 

percent test. 

Because certain types of modifications 

permitted by the proposed regulations 

could affect the value of the collateral 

securing the mortgage loan, the 

proposed regulations would require the 

80-percent test to be satisfied at the time 

the mortgage loan is modified with 

respect to changes in collateral, 

guarantees, and credit enhancement of 

an obligation or with respect to changes 

to the recourse nature of an obligation. 

Commentators indicated that retesting 

should be required only when the 

modification could cause a decrease in 

the value of real property collateral 

relative to the mortgage loan amount. 

For this reason, commentators further 

indicated that changes in guarantees, 

credit enhancements or the recourse 

nature of an obligation, as well as the 

addition of collateral, do not have the 

effect of decreasing the value of the real 

property securing the mortgage loan 

and, therefore, these types of changes 

should not require retesting. 

To ensure that a modified mortgage 

loan continues to be principally secured 

by an interest in real property, the IRS 

and the Treasury Department continue 

to believe that it is appropriate to retest 

at the time of the modification. 

Accordingly, the final regulations retain 

the retesting requirement, but amend 

the proposed standards for satisfying the 

principally secured test as described in 

section 3 in this preamble. In addition, 

to provide a more flexible standard for 

changes that do not decrease the value 

of real property securing the mortgage 

loan, the final regulations provide an 

alternative method for satisfying the 

principally secured test. 

For these types of changes (for 

example, a change from recourse to 

nonrecourse, or vice versa), the final 

regulations provide that a modified 

mortgage loan continues to be 

principally secured by real property if 

the fair market value of the interest in 

real property that secures the loan 

immediately after the modification 

equals or exceeds the fair market value 

of the interest in real property that 

secured the loan immediately before the 

modification. This alternative test is 

consistent with the general rule that a 

decline in the value of collateral does 

not cause a mortgage loan to cease to be 

principally secured by real property. 

The final regulations provide an 

example to illustrate the application of 

this alternative method for satisfying the 

principally secured test. 

The final regulations also require 

retesting with respect to a lien release 

that is not a significant modification for 

purposes of § 1.1001–3 (for example, a 

release of real property collateral 

pursuant to the borrower’s unilateral 

option under the terms of the mortgage 

loan). Here as well, the principally 

secured test is satisfied if either the 80- 

percent test is satisfied based on the 

current value of the real property 

securing the mortgage or the value of the 

real property collateral after the 

modification is no less than the value of 

the real property collateral immediately 

before. 

For purposes of retesting with respect 

to alterations to real property collateral, 

the transaction causing the alteration is 

looked at in its entirety in determining 

the value of the real property collateral. 

For example, if, as part of an overall 

plan to make improvements to real 

property collateral that secures a 

mortgage loan, a borrower demolishes 

an existing building and constructs a 

new building on that real property, the 

fair market value of the real property 

collateral is determined by taking into 

account both the demolition of the 

existing building and the construction 

of the new building. 

3. The Appraisal Requirement 

For purposes of retesting as of the 

date of modification, the proposed 

regulations would require a current 

appraisal determined by an independent 

appraiser. Several commentators 

indicated that requiring a formal 

appraisal in connection with a loan 

modification is a stricter standard than 

is currently required for satisfying the 

80-percent test at the startup day. See 

§ 1.860G–2(a)(3). For a number of 

business reasons, commentators 

indicated that servicers need more 

flexibility in complying with this 

retesting requirement and, therefore, 

requested that the proposed regulations 

be amended to permit servicers to use 

other types of reasonable valuation 

methods. 

In response to these comments and to 

make the retesting requirement more 

consistent with the current rules for 

satisfying the 80-percent test at the 

startup day, the final regulations 

provide that the principally-secured test 

will be satisfied if the servicer 

reasonably believes that the modified 

mortgage loan satisfies the 80-percent 

test at the time of the modification. The 

final regulations provide that a servicer 

must base a reasonable belief upon a 

commercially reasonable valuation 

method. The final regulations set forth 

a nonexclusive list of commercially 

reasonable valuation methods that can 

be used by servicers for retesting 

purposes. These same commercially 

reasonable methods can be used under 

the alternative test to establish that the 

value of the real property collateral 

immediately after the modification is no 

less than the value of the real property 

collateral immediately before it. 

4. Changes in the Nature of an 

Obligation From Nonrecourse to 

Recourse 

The final regulations clarify that 

changes in the nature of an obligation 

from nonrecourse (or substantially all 

nonrecourse) to recourse (or 

substantially all recourse) are permitted 

so long as the obligation continues to be 

principally secured by an interest in real 

property. 

5. Investment Trusts 

Section 301.7701–4(c) of the 

Procedure and Administration 

Regulations provides that an investment 

trust is not classified as a trust if there 

is a power under the trust agreement to 

vary the investment of the certificate 

holders. The IRS and the Treasury 

Department understand that changes to 

the terms of commercial mortgage loans 

held by investment trusts may raise 

issues as to whether a ‘‘power to vary’’ 

is present, and commentators 

recommended that the scope of the 

regulation project be expanded to 

permit investment trusts to modify 


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47438 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 

commercial mortgage loans in the same 

manner as REMICs. To avoid a 

significant delay in the publication of 

these final regulations, their scope has 

not been expanded to include 

modifications of mortgage loans held by 

investment trusts. In a separate notice to 

be published in the Internal Revenue 

Bulletin contemporaneously with these 

final regulations, the IRS and the 

Treasury Department intend to request 

comments on this issue. 

6. Other Proposals Set Forth in the 

Notice 2007–17 Comments 

In the Proposed Regulation 

Comments, commentators requested 

that the IRS and the Treasury 

Department reconsider other proposed 

loan modifications that were set forth in 

the Notice 2007–17 Comments but that 

were not included in the proposed 

regulations. For the reasons indicated in 

the preamble to the proposed 

regulations, the IRS and the Treasury 

Department determined that the 

remaining changes requested by 

commentators should not be included in 

the final regulations. 

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 this regulation. 

It is hereby certified that the 

collection of information requirement in 

this regulation will not have a 

significant economic impact on a 

substantial number of small business 

entities. This certification is based on 

the fact that the REMICs affected by this 

regulation will not be classified as small 

business entities. According to the 

Small Business Administration 

definition of a ‘‘small business,’’ 13 CFR 

121.201, a REMIC is classified under 

Sector 52 (Finance and Insurance), 

Subsector 525 (Funds, Trusts and Other 

Financial Vehicles) under the category 

‘‘Other Financial Vehicle’’, NAICS code 

525990, and is only considered a small 

business entity if it accumulates less 

than 6.5 million dollars in annual 

receipts. REMICs affected by this 

regulation generally hold pools of 

commercial mortgage loans with an 

average loan size of 18.1 million dollars, 

and have greater than 6.5 million dollars 

in annual receipts. Therefore, a 

Regulatory Flexibility Analysis under 

the Regulatory Flexibility Act (5 U.S.C. 

chapter 6) is not required. 

Pursuant to section 7805(f) of the 

Internal Revenue Code, the notice of 

proposed rulemaking preceding this 

regulation 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 Diana Imholtz of the 

Office of Associate Chief Counsel 

(Financial Institutions and Products). 

Other personnel from the IRS and the 

Treasury Department participated, 

however, in their development. 

List of Subjects 

26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

26 CFR Part 602 

Reporting and recordkeeping 

requirements. 

Adoption of the Amendments to the 

Regulations 

■ Accordingly, 26 CFR parts 1 and 602 

are amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 is amended by adding entries 

in numerical order to read in part as 

follows: 

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

Section 1.860A–0 also issued under 26 

U.S.C. 860G(e). 

Section 1.860G–2 also issued under 26 

U.S.C. 860G(e). * * * 

■ Par. 2. Section 1.860A–0 is amended 

by revising the entry for § 1.860G– 

2(a)(8) and adding an entry for 

§ 1.860G–2(b)(7) to read as follows: 

§ 1.860A–0 Outline of REMIC provisions. 

* * * * * 

§ 1.860G–2 Other rules. 

(a) * * * 

(8) Release of a lien on an interest in 

real property securing a qualified 

mortgage; defeasance. 

* * * * * 

(b) * * * 

(7) Test for determining whether an 

obligation continues to be principally 

secured following certain types of 

modifications. 

* * * * * 

■ Par. 3. Section 1.860A–1 is amended 

by adding paragraph (b)(6) to read as 

follows: 

§ 1.860A–1 Effective dates and transition 

rules. 

* * * * * 

(b) * * * 

(6) Exceptions for certain modified 

obligations. Paragraphs (a)(8)(i), 

(b)(3)(v), (b)(3)(vi), and (b)(7) of 

§ 1.860G–2 apply to modifications made 

to the terms of an obligation on or after 

September 16, 2009. 

■ Par. 4. Section 1.860G–2 is amended 

by: 

■ 1. Revising paragraphs (a)(8), (b)(3)(iii) 

and (b)(3)(iv). 

■ 2. Adding paragraphs (b)(3)(v), 

(b)(3)(vi) and (b)(7). 

The additions and revisions read as 

follows: 

§ 1.860G–2 Other rules. 

(a) * * * 

(8) Release of a lien on an interest in 

real property securing a qualified 

mortgage; defeasance. If a REMIC 

releases its lien on an interest in real 

property that secures a qualified 

mortgage, that mortgage ceases to be a 

qualified mortgage on the date the lien 

is released unless— 

(i) The REMIC releases its lien in a 

modification that— 

(A) Either is not a significant 

modification as defined in paragraph 

(b)(2) of this section or is one of the 

listed exceptions set forth in paragraph 

(b)(3) of this section; and 

(B) Following that modification, the 

obligation continues to be principally 

secured by an interest in real property 

as determined by paragraph (b)(7) of this 

section; or 

(ii) The mortgage is defeased in the 

following manner— 

(A) The mortgagor pledges substitute 

collateral that consists solely of 

government securities (as defined in 

section 2(a)(16) of the Investment 

Company Act of 1940 as amended (15 

U.S.C. 80a–1)); 

(B) The mortgage documents allow 

such a substitution; 

(C) The lien is released to facilitate 

the disposition of the property or any 

other customary commercial 

transaction, and not as part of an 

arrangement to collateralize a REMIC 

offering with obligations that are not 

real estate mortgages; and 

(D) The release is not within 2 years 

of the startup day. 

* * * * * 

(b) * * * 

(3) * * * 

(iii) Waiver of a due-on-sale clause or 

a due-on-encumbrance clause; 

(iv) Conversion of an interest rate by 

a mortgagor pursuant to the terms of a 

convertible mortgage; 

(v) A modification that releases, 

substitutes, adds, or otherwise alters a 

substantial amount of the collateral for, 


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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 47439 

a guarantee on, or other form of credit 

enhancement for, a recourse or 

nonrecourse obligation, so long as the 

obligation continues to be principally 

secured by an interest in real property 

following the release, substitution, 

addition, or other alteration as 

determined by paragraph (b)(7) of this 

section; and 

(vi) A change in the nature of the 

obligation from recourse (or 

substantially all recourse) to 

nonrecourse (or substantially all 

nonrecourse), or from nonrecourse (or 

substantially all nonrecourse) to 

recourse (or substantially all recourse), 

so long as the obligation continues to be 

principally secured by an interest in real 

property following such a change as 

determined by paragraph (b)(7) of this 

section. 

* * * * * 

(7) Test for determining whether an 

obligation continues to be principally 

secured following certain types of 

modifications. (i) For purposes of 

paragraphs (a)(8)(i), (b)(3)(v), and 

(b)(3)(vi) of this section, the obligation 

continues to be principally secured by 

an interest in real property following the 

modification only if, as of the date of the 

modification, the obligation satisfies 

either paragraph (b)(7)(ii) or paragraph 

(b)(7)(iii) of this section. 

(ii) The fair market value of the 

interest in real property securing the 

obligation, determined as of the date of 

the modification, must be at least 80 

percent of the adjusted issue price of the 

modified obligation, determined as of 

the date of the modification. If, as of the 

date of the modification, the servicer 

reasonably believes that the obligation 

satisfies the criterion in the preceding 

sentence, then the obligation is deemed 

to do so. A reasonable belief does not 

exist if the servicer actually knows, or 

has reason to know, that the criterion is 

not satisfied. For purposes of this 

paragraph (b)(7)(ii), a servicer must base 

a reasonable belief on— 

(A) A current appraisal performed by 

an independent appraiser; 

(B) An appraisal that was obtained in 

connection with the origination of the 

obligation and, if appropriate, that has 

been updated for the passage of time 

and for any other changes that might 

affect the value of the interest in real 

property; 

(C) The sales price of the interest in 

real property in the case of a 

substantially contemporary sale in 

which the buyer assumes the seller’s 

obligations under the mortgage; or 

(D) Some other commercially 

reasonable valuation method. 

(iii) If paragraph (b)(7)(ii) of this 

section is not satisfied, the fair market 

value of the interest in real property that 

secures the obligation immediately after 

the modification must equal or exceed 

the fair market value of the interest in 

real property that secured the obligation 

immediately before the modification. 

The criterion in the preceding sentence 

must be established by a current 

appraisal, an original (and updated) 

appraisal, or some other commercially 

reasonable valuation method; and the 

servicer must not actually know, or have 

reason to know, that the criterion in the 

preceding sentence is not satisfied. 

(iv) Example. The following example 

illustrates the rules of this paragraph 

(b)(7). 

Example. (i) S services mortgage loans that 

are held by R, a REMIC. Borrower B is the 

issuer of one of the mortgage loans held by 

R. The original amount of B’s mortgage loan 

was $100,000, and the loan was secured by 

real property X. At the time the loan was 

contributed to R, property X had a fair market 

value of $90,000. Sometime after the loan 

was contributed to R, B experienced financial 

difficulties such that it was reasonably 

foreseeable that B might default on the loan 

if the loan was not modified. Accordingly, S 

altered various terms of B’s loan to 

substantially reduce the risk of default. The 

alterations included the release of the lien on 

property X and the substitution of real 

property Y for property X as collateral for the 

loan. At the time the loan was modified, its 

adjusted issue price was $100,000. The fair 

market value of property X immediately 

before the modification (as determined by a 

commercially reasonable valuation method) 

was $70,000, and the fair market value of 

property Y immediately after the 

modification (as determined by a 

commercially reasonable valuation method) 

was $75,000. 

(ii) The alterations to B’s loan are a 

significant modification within the meaning 

of § 1.1001–3(e). The modification, however, 

is described in paragraphs (a)(8)(i) and (b)(3) 

of this section. Accordingly, the modified 

loan continues to be a qualified mortgage if, 

immediately after the modification, the 

modified loan continues to be principally 

secured by an interest in real property, as 

determined by paragraph (b)(7) of this 

section. 

(iii) Because the modification includes the 

release of the lien on property X and 

substitution of property Y for property X, the 

modified loan must satisfy paragraph (b)(7)(i) 

of this section (which requires satisfaction of 

either paragraph (b)(7)(ii) or paragraph 

(b)(7)(iii) of this section). The modified loan 

does not satisfy paragraph (b)(7)(ii) of this 

section because property Y is worth less than 

$80,000 (the amount equal to 80 percent of 

the adjusted issue price of the modified 

mortgage loan). The modified loan, however, 

satisfies paragraph (b)(7)(iii) of this section 

because the fair market value of the interest 

in real estate (real property Y) that secures 

the obligation immediately after the 

modification ($75,000) exceeds the fair 

market value of the interest in real estate (real 

property X) that secured the obligation 

immediately before the modification 

($70,000). Accordingly, the modified loan 

satisfies paragraph (b)(7)(i) of this section and 

continues to be principally secured by an 

interest in real property. 

* * * * * 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 5. The authority citation for part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ Par. 6. Section 602.101, paragraph (b) 

is amended by adding the entry in 

numerical order to the table to read as 

follows: 

§ 602.101 OMB Control numbers. 

* * * * * 

(b) * * * 

CFR part or section where 

identified and described 

Current OMB 

control no. 

* * * * * 

1.860G–2 .............................. 1545–2110 

* * * * * 

Approved: September 9, 2009. 

Linda M. Kroening, 

Acting Deputy Commissioner for Services and 

Enforcement. 

Michael Mundaca, 

Acting Assistant Secretary of the Treasury 

(Tax Policy). 

[FR Doc. E9–22215 Filed 9–15–09; 8:45 am] 

BILLING CODE 4830–01–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1253 

[Docket NARA–09–0002] 

RIN 3095–AB61 

NARA Facility Locations and Hours 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Final rule. 

SUMMARY: NARA is changing the hours 

open to the public for our Kansas City, 

Missouri, and New York City regional 

archives. The Kansas City regional 

archives relocated on March 17, 2009, to 

the Union Station Complex at 400 West 

Pershing Road, Kansas City, Missouri. 

NARA is shifting the hours open to the 

public at the New York City regional 

archives to better serve the public for 

the range of hours covering the majority 

of visits. This rule will affect the public. 


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