72366 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 

TABLE 3 TO PARAGRAPH (e)— 

Continued 

Age Male Female 

46 .............................. 0.00088 0.00051 

47 .............................. 0.00092 0.00055 

48 .............................. 0.00098 0.00059 

49 .............................. 0.00104 0.00064 

50 .............................. 0.00113 0.00070 

51 .............................. 0.00124 0.00080 

52 .............................. 0.00137 0.00090 

53 .............................. 0.00153 0.00101 

54 .............................. 0.00173 0.00115 

55 .............................. 0.00206 0.00138 

56 .............................. 0.00253 0.00170 

57 .............................. 0.00296 0.00195 

58 .............................. 0.00344 0.00225 

59 .............................. 0.00397 0.00258 

60 .............................. 0.00458 0.00299 

61 .............................. 0.00523 0.00343 

62 .............................. 0.00615 0.00409 

63 .............................. 0.00703 0.00478 

64 .............................. 0.00774 0.00537 

65 .............................. 0.00861 0.00619 

66 .............................. 0.00957 0.00707 

67 .............................. 0.01054 0.00786 

68 .............................. 0.01163 0.00871 

69 .............................. 0.01283 0.00968 

70 .............................. 0.01419 0.01082 

71 .............................. 0.01575 0.01217 

72 .............................. 0.01750 0.01368 

73 .............................. 0.01949 0.01540 

74 .............................. 0.02175 0.01742 

75 .............................. 0.02433 0.01975 

76 .............................. 0.02729 0.02240 

77 .............................. 0.03069 0.02540 

78 .............................. 0.03460 0.02878 

79 .............................. 0.03912 0.03254 

80 .............................. 0.04442 0.03715 

81 .............................. 0.05008 0.04158 

82 .............................. 0.05649 0.04650 

83 .............................. 0.06372 0.05202 

84 .............................. 0.07192 0.05823 

85 .............................. 0.08126 0.06527 

86 .............................. 0.09180 0.07337 

87 .............................. 0.10364 0.08255 

88 .............................. 0.11688 0.09305 

89 .............................. 0.13148 0.10480 

90 .............................. 0.14733 0.11790 

91 .............................. 0.16404 0.13141 

92 .............................. 0.18111 0.14547 

93 .............................. 0.19847 0.16007 

94 .............................. 0.21588 0.17495 

95 .............................. 0.23319 0.19020 

96 .............................. 0.25152 0.20655 

97 .............................. 0.27010 0.22354 

98 .............................. 0.28899 0.24127 

99 .............................. 0.30836 0.25965 

100 ............................ 0.32788 0.27862 

101 ............................ 0.34742 0.29799 

102 ............................ 0.36672 0.31750 

103 ............................ 0.38574 0.33705 

104 ............................ 0.40436 0.35650 

105 ............................ 0.42191 0.37576 

106 ............................ 0.43897 0.39452 

107 ............................ 0.45520 0.41279 

108 ............................ 0.47064 0.43024 

109 ............................ 0.48536 0.44694 

110 ............................ 0.49448 0.46282 

111 ............................ 0.49552 0.47794 

112 ............................ 0.49656 0.49215 

113 ............................ 0.49756 0.49820 

114 ............................ 0.49870 0.49900 

115 ............................ 0.49975 0.49980 

116 ............................ 0.49990 0.49990 

TABLE 3 TO PARAGRAPH (e)— 

Continued 

Age Male Female 

117 ............................ 0.49995 0.50000 

118 ............................ 0.50000 0.50000 

119 ............................ 0.50000 0.50000 

120 ............................ 1.00000 1.00000 

(f) Applicability date. This section 

applies for valuation dates occurring on 

or after January 1, 2024. 

■ Par. 3. Section 1.430(h)(3)–2 is 

amended by: 

■ a. In paragraph (c)(3)(ii) deleting the 

text ‘‘§ 1.430(h)(3)–1(a)(2)(i)(E)’’ and 

adding in its place ‘‘§ 1.430(h)(3)– 

1(b)(2)(ii)’’; 

■ b. Revising paragraph (c)(6)(ii)(E); and 

■ c. In paragraph (d)(4)(iii)(A): 

■ i. Deleting the text ‘‘§ 1.430(h)(3)– 

1(a)(2)(i)(E)’’ and adding in its place 

‘‘§ 1.430(h)(3)–1(b)(2)(ii)’’; 

■ ii. Deleting ‘‘2006’’ and adding in its 

place ‘‘2012’’; and 

■ iii. Deleting the text ‘‘§ 1.430(h)(3)– 

1(a)(2)(i)(C)’’ and adding in its place 

‘‘§ 1.430(h)(3)–1(b)(1)(iii).’’ 

The revision reads as follows: 

§ 1.430(h)(3)–2 Plan-specific substitute 

mortality tables used to determine present 

value. 

* * * * * 

(c) * * * 

(6) * * * 

(ii) * * * 

(E) The date specified in guidance 

published in the Internal Revenue 

Bulletin (see § 601.601(d) of this 

chapter) in conjunction with a 

replacement of mortality tables 

specified under section 430(h)(3)(A) and 

§ 1.430(h)(3)–1 (other than changes to 

the mortality improvement rates under 

§ 1.430(h)(3)–1(b)(1)(iii) or annual 

updates to the static mortality tables 

issued as noted in § 1.430(h)(3)– 

1(c)(1)(iv)). 

* * * * * 

■ Par. 4. Section 1.431(c)(6)–1 is revised 

to read as follows: 

§ 1.431(c)(6)–1 Mortality tables used to 

determine current liability. 

(a) Mortality tables used to determine 

current liability. In accordance with 

section 431(c)(6)(D), the mortality 

assumptions that apply to a singleemployer defined benefit plan for the 

plan year pursuant to section 

430(h)(3)(A) and (D) and §§ 1.430(h)(3)– 

1(a)(1) and (a)(2)(ii) are used to 

determine a multiemployer plan’s 

current liability for purposes of 

applying the rules of section 431(c)(6). 

For purposes of this paragraph (a), 

either the generational mortality tables 

used pursuant to § 1.430(h)(3)–1(b) or 

the static mortality tables used pursuant 

to § 1.430(h)(3)–1(c) are permitted to be 

used without regard to whether the plan 

is a small plan. However, substitute 

mortality tables under §§ 1.430(h)(3)– 

1(a)(2)(i) and 1.430(h)(3)–2 are not 

permitted to be used for purposes of this 

paragraph (a). 

(b) Applicability date. This section 

applies for valuation dates occurring on 

or after January 1, 2024. 

■ Par. 5. Section 1.433(h)(3)–1 is 

revised to read as follows: 

§ 1.433(h)(3)–1 Mortality tables used to 

determine current liability. 

(a) Mortality tables used to determine 

current liability. In accordance with 

section 433(h)(3)(B), the mortality 

assumptions that apply to a singleemployer defined benefit plan for the 

plan year pursuant to section 

430(h)(3)(A) and (D) and §§ 1.430(h)(3)– 

1(a)(1) and (a)(2)(ii) are used to 

determine a cooperative and small 

employer charity (CSEC) plan’s current 

liability under section 433(h). For 

purposes of this paragraph (a), either the 

generational mortality tables used 

pursuant to § 1.430(h)(3)–1(b) or the 

static mortality tables used pursuant to 

§ 1.430(h)(3)–1(c) are permitted to be 

used without regard to whether the plan 

is a small plan as defined in 

§ 1.430(h)(3)–1(c)(1)(ii). However, 

substitute mortality tables under 

§§ 1.430(h)(3)–1(a)(2)(i) and 1.430(h)(3)– 

2 are not permitted to be used for 

purposes of this paragraph (a). 

(b) Applicability date. This section 

applies for valuation dates occurring on 

or after January 1, 2024. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: October 4, 2023. 

Lily L. Batchelder, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2023–23267 Filed 10–19–23; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 300 

[TD 9982] 

RIN 1545–BQ26 

User Fees Relating to Enrolled 

Actuaries 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 


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I 
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 72367 

ACTION: Final regulations. 

SUMMARY: These final regulations amend 

existing regulations relating to user fees 

for enrolled actuaries. The final 

regulations increase both the enrollment 

and renewal of enrollment user fees for 

enrolled actuaries from $250 to $680. 

These regulations affect individuals 

who apply to become an enrolled 

actuary or seek to renew their 

enrollment. The Independent Offices 

Appropriation Act of 1952 authorizes 

charging user fees. 

DATES: 

Effective date: These regulations are 

effective on October 20, 2023. 

Applicability date: For the 

applicability dates, see §§ 300.7(d) and 

300.8(d). 

FOR FURTHER INFORMATION CONTACT: 

Carolyn M. Lee at 202–317–6845 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains amendments 

to 26 CFR part 300—User Fees. On 

October 5, 2022, a notice of proposed 

rulemaking (NPRM) (REG–100719–21) 

and notice of public hearing was 

published in the Federal Register (87 

FR 60357). The NPRM proposed 

amending the regulations relating to the 

user fees for enrolled actuaries. The 

document proposed increasing the 

amount of the user fee for both the new 

enrollment and renewal of enrollment 

for enrolled actuaries from $250 to $680 

per enrollment application or renewal 

application. The NPRM contained a 

detailed explanation of the legal 

background and user fee calculations 

regarding the amendment to these 

regulations. 

Four comments were submitted in 

response to the notice of proposed 

rulemaking. There were no requests to 

speak at the scheduled public hearing. 

Consequently, the public hearing was 

cancelled (87 FR 80109). After 

consideration of the written comments, 

the Department of the Treasury 

(Treasury Department) and the IRS have 

decided to adopt without modification 

the regulations proposed by the notice 

of proposed rulemaking. 

Summary of Comments 

The four comments submitted in 

response to the notice of proposed 

rulemaking are available at https://

www.regulations.gov or upon request. 

1. Comments Not Seeking Modification 

or Clarification of the User Fee 

Some comments did not address 

modification or clarification of the user 

fee. 

One comment expressed concern 

about the applicability date of the user 

fees for enrolled actuaries who apply to 

renew their enrollment for the 2023– 

2025 enrollment cycle. The proposed 

regulation amending 26 CFR 300.8, 

Renewal of enrollment of enrolled 

actuary fee, stated the effective date 

would be 30 days after the regulation is 

published as a final regulation in the 

Federal Register. The comment noted 

that applications for the enrollment 

renewal would be available in early 

January 2023 to enrolled actuaries 

seeking to renew their enrollment for 

the 2023–2025 enrollment cycle, and 

renewal of enrollment applications and 

fees must be submitted by March 1, 

2023, to be effective beginning April 1, 

2023. These final regulations are being 

published after the close of the 2023 

season for timely renewal of enrollment. 

Consequently, the $250 renewal of 

enrollment user fee in effect on January 

1, 2023, was in effect throughout the 

timely renewal season that closed 

March 1, 2023. 

Another comment recommended 

adding a provision to the user fee 

regulations to eliminate the in-person 

continuing education formal program 

requirements. Continuing education 

requirements for enrolled actuaries are 

governed by 20 CFR 901.11. The 

comment regarding continuing 

education requirements for enrolled 

actuaries is outside the scope of these 

regulations. 

In addition, a comment recommended 

that the Joint Board for the Enrollment 

of Actuaries (Joint Board) consider 

approaches to make its cost structure 

more efficient, presenting as examples 

adopting a longer enrollment cycle, and 

making the continuing professional 

education (CPE) audit process more 

efficient for enrolled actuaries and for 

qualifying sponsors of enrolled actuary 

continuing education. These regulations 

relate to the methodology used to 

determine user fees for new enrollment 

and renewal of enrollments. The 

operation of the Joint Board is outside 

the scope of these regulations. 

Nonetheless, the IRS continually looks 

for program efficiencies, which it takes 

into consideration during the enrolled 

actuary user fee biennial review. 

2. Comments Seeking Modification or 

Clarification of the User Fee 

The summary of comments below 

addresses those comments that make 

recommendations concerning, or 

seeking clarification of, the user fees set 

forth in the proposed regulations 

relating to the user fees for new 

enrollments and renewal of enrollments 

for enrolled actuaries. 

A. Enrolled Actuary Enrollment 

Processes Must Be Financially SelfSustaining 

One comment questioned why the 

user fee is calculated based on the 

number of enrolled actuary applicants. 

Enrolled actuary applicants seeking to 

be enrolled as new enrolled actuaries or 

to renew their enrolled actuary 

enrollment are the principal 

beneficiaries of the services provided by 

the Joint Board; that is, the enrolled 

actuary new enrollment and renewal of 

enrollment processes conducted by the 

IRS Return Preparer Office (RPO) under 

the oversight of the Joint Board. An 

individual who has been granted new 

enrollment or renewal of enrollment as 

an enrolled actuary by the Joint Board 

may perform pension actuarial services 

under the Employee Retirement Income 

Security Act of 1974 (ERISA) Public 

Law 93–406, Title III, section 3042, 

Sept. 2, 1974, 88 Stat. 1002, and practice 

before the IRS as provided by the rules 

governing practice before the IRS, 

published in 31 CFR subtitle A, part 10, 

and reprinted as Treasury Department 

Circular No. 230 (Circular 230). 

Enrollment confers special benefits on 

individuals who are enrolled actuaries 

beyond those that accrue to the general 

public. 

The Independent Offices 

Appropriation Act of 1952 (IOAA) (31 

U.S.C. 9701) authorizes each agency to 

promulgate regulations establishing the 

charge for services the agency provides 

(user fees). The IOAA states that the 

services provided by an agency should 

be self-sustaining to the extent possible. 

31 U.S.C. 9701(a). The IOAA provides 

that user fee regulations are subject to 

policies prescribed by the President. 

The policies are currently set forth in 

the Office of Management and Budget 

(OMB) Circular A–25 (OMB Circular A– 

25), 58 FR 38142 (July 15, 1993). 

Section 6a(1) of OMB Circular A–25 

states that when a service offered by an 

agency confers special benefits to 

identifiable recipients beyond those 

accruing to the general public, the 

agency is to charge a user fee to recover 

the full cost of providing the service 

(unless the agency requests, and the 

OMB grants, an exception to the fullcost requirement). An agency that seeks 

to impose a user fee for governmentprovided services must calculate the full 

cost of providing those services. 

In accordance with OMB Circular A– 

25, the RPO completed its 2021 biennial 

review of the enrollment and renewal of 

enrollment user fees associated with 

enrolled actuaries. As discussed in the 

notice of proposed rulemaking, during 

its review, the RPO took into account 


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72368 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 

increases in labor, benefits, and 

overhead costs incurred in connection 

with providing enrollment services to 

individuals who enroll or renew 

enrollment as enrolled actuaries since 

the user fee was promulgated in 2007. 

The costs include activities related to 

verifying that an individual meets the 

requirements for enrollment or renewal 

of enrollment as an enrolled actuary. 

The RPO also took into account a 

reallocation of certain labor costs in 

their methodology to include costs 

associated with certain human resource 

matters, formalizing policies and 

procedures, and other administrative 

support. The RPO followed the 

generally accepted accounting 

principles established by the Federal 

Accounting Standards Advisory Board. 

As required by section 6a(1) of OMB 

Circular A–25, the costs allocated to the 

enrollment and renewal processes for 

enrolled actuaries are borne in full by 

the identifiable group of actuaries who 

apply for new enrollment and renewal 

of enrollment services. Accordingly, the 

number of enrolled actuary applicants is 

used by the RPO to determine the perapplicant user fee. As described in the 

proposed regulations, to arrive at the 

total cost per application, the IRS 

divided the estimated three-year total of 

enrolled actuary costs by the total 

volume of applications expected over 

the same three-year period. Based on the 

number of applicants, the full cost of 

administering the enrollment and 

renewal for enrollment processes for 

enrolled actuaries increased from $250 

to $680 per enrollment. 

B. Justification for the Increase in User 

Fees 

Several comments were received 

expressing concern about the amount by 

which the user fees increased, and 

sought clarification for what caused the 

increase. One commenter requested an 

explanation of the difference in 

outcomes between the 2019 biennial 

review when user fees were not 

increased and the 2021 biennial review. 

Commenters also inquired about the 

factors causing the reallocation of RPO’s 

human resources, resulting in RPO’s 

correction during the 2021 biennial 

review of the average time allocated to 

enrolled actuary enrollment and 

renewal of enrollment processes from 40 

percent to 65 percent. Another 

commenter, questioning the increase in 

enrollment user fees between the 2019 

biennial review and the 2021 biennial 

review, stated for comparison that the 

Bureau of Labor Statistics (BLS) 

Employment Cost Index (ECI) for private 

industry worker wages and salaries 

showed an increase of no more than 10 

percent to 15 percent from the 2020– 

2022 enrollment cycle to the 2023–2025 

enrollment cycle. The same commenter 

observed that many of the intellectual 

capital services the Treasury 

Department and the IRS provide across 

the organization are not directly 

relevant to enrolled actuaries and the 

services they provide to qualified 

pension plans. In the same vein, a 

commenter expressed an incorrect belief 

that the enrolled actuary enrollment 

user fees include costs not attributable 

to the enrolled actuary program for 

government employees who, among 

their overall responsibilities not 

allocated to the enrolled actuary 

program, have duties including working 

for the Joint Board. 

More specifically, a commenter 

questioned the accuracy of the IRS’s 

determination that 65 percent of four 

RPO employees’ time is dedicated to 

enrollment activities during the threeyear enrollment cycle, given the 

unevenness in enrollments and 

renewals during each of the three years. 

The 2021 biennial review was based on 

214 applications in 2018, 132 

applications in 2019, and 3,584 

applications in 2020. According to this 

commenter, if the volume of 

applications is uneven, the percentage 

of time IRS employees spend working 

on enrollment activities would be 

similarly uneven and would not average 

65 percent over the three-year 

enrollment cycle. Another commenter 

requested information about the change 

in the number of applicants relative to 

prior years. The commenter posited that 

if enrollments were decreasing, 

enrollment processes costs also should 

decrease because there are fewer 

applications to review. Enrolled actuary 

total new and renewal of enrollment 

applications have declined. The 2021 

biennial review, based on fiscal years 

2018, 2019, and 2020, showed 

approximately 450 fewer enrolled 

actuary applicants compared to the 

previous cycles. 

These comments generally reflect an 

assumption that the enrolled actuary 

enrollment fees are solely attributable to 

enrollment applications processing. As 

explained in the proposed regulations, 

the methodology for calculating full 

costs associated with new and renewal 

of enrollment applications was updated 

during the 2021 biennial review. Prior 

costing analyses only considered the 

time associated with the actual 

processing of new and renewal of 

enrollment applications. However, 

application processing is only one 

aspect of the cost analysis. The current 

increase in user fees was, in part, the 

result of the RPO determining that the 

methodology previously used to 

compute labor allocations was outdated 

and did not capture the full costs 

associated with administering enrolled 

actuary enrollment and renewal of 

enrollment. Under the previous 

methodology, the salaries and benefits 

of RPO staff supporting the new and 

renewal of enrollment of enrolled 

actuaries were computed at 40 percent 

of four RPO staff members’ salaries and 

benefits, with associated overhead. To 

more accurately calculate the full RPO 

costs directly associated with the 

enrolled actuary enrollment program, 

the updated costing analysis accounts 

for not only the time and resources 

involved in application processing, but 

also the additional time and resources 

spent to administer the enrolled actuary 

program. These activities continue 

throughout the three-year enrollment 

cycle even though enrollment 

application volume fluctuates. The 

RPO’s responsibilities with respect to 

the enrolled actuary program beyond 

application processing include 

conducting yearly tax compliance and 

continuing professional education (CPE) 

audits of enrolled actuaries, 

communicating with inactive enrolled 

actuaries, implementing regulatory 

improvements, investigating discipline 

cases, and supporting the work of Joint 

Board Advisory Committee members. 

The 2021 biennial review established 

that four RPO employees devoted an 

average of 65 percent of their time over 

the three-year enrollment cycle to 

enrolled actuary enrollment activities. 

Accordingly, the correct allocation of 

RPO’s labor costs to the enrolled actuary 

enrollment and renewal of enrollment 

processes was 65 percent of the four 

RPO staff members’ time, which was 

used to calculate the user fees in these 

final regulations. More specifically, 

during the 2021 biennial review, the IRS 

projected the estimated costs of direct 

labor and benefits based on the actual 

salary and benefits of the four 

employees who devote time to 

conducting enrolled actuary enrollment 

and renewal of enrollment processes, 

reduced to reflect the percentage of time 

each individual actually spends on 

those activities. The RPO’s managers 

estimated the percentage of time these 

employees devoted to conducting 

enrollment activities based on the 

managers’ knowledge of program 

assignments. In addition, the full costs 

of related oversight and support costs, 

plus travel, training, and supplies, were 

included in the 2021 biennial review 

user fee computations. These costs had 

not been included in the user fee 

computation previously. 


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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 72369 

Applying the refined methodology 

and including full costs in the 2021 

biennial review resulted in the increase 

of $430 in new and renewal of 

enrollment user fees for the three-year 

enrollment cycle to $680, or $143.33 per 

year. 

One commenter appeared to not 

understand that the change in the 

internal allocation methodology applied 

only to the RPO staff who actually 

provided the enrollment services. This 

commenter observed that a change in 

the Treasury Department’s and IRS’s 

internal allocation methodology for 

human resources should not result in a 

significant increase in enrolled actuary 

user fees because many of the services 

the agencies provide are not directly 

relevant to enrolled actuaries. Human 

resource allocation throughout the 

Treasury Department was not used as a 

cost factor attributed to the four RPO 

staff providing enrollment services. 

Neither were costs associated with 

agency-wide IRS human resource 

allocation; instead, those costs were one 

of several indirect costs used to 

compute the overhead rate included in 

the rate calculation methodology as 

described in the notice of proposed 

rulemaking. 

C. Impact of User Fees on New and 

Renewal of Enrollments 

Two comments questioned whether 

increasing user fees may discourage 

individuals from enrolling as enrolled 

actuaries or renewing their enrollment. 

These commenters were concerned that 

a decline in the number of enrolled 

actuaries could minimize the 

competition for services, which could 

result in increased costs passed to the 

consumers of services provided by 

enrolled actuaries. One commenter 

queried whether there had been 

consideration given to phasing in the 

increased user fees and implementing a 

cap on the user fees. The same 

commenter stated that, in circumstances 

of declining enrolled actuary 

enrollment, the remaining enrolled 

actuaries might in effect be penalized by 

substantially increasing user fees. This 

commenter observed that requiring 

enrolled actuaries to bear the full cost of 

enrollment processing may be to the 

detriment, instead of the benefit, of the 

enrollment of actuaries. 

The Treasury Department and the IRS 

recognize the valuable service enrolled 

actuaries provide to taxpayers. As 

discussed in section 2.A of the 

Summary of Comments, OMB Circular 

A–25 states that when a service offered 

by a Federal agency provides special 

benefits to identifiable recipients 

beyond those accruing to the general 

public, the agency will establish a user 

fee to recover the full cost to the 

government of providing the service 

(unless the agency requests, and the 

OMB grants, an exception to the fullcost requirement). Also discussed in 

section 2.A of the Summary of 

Comments, the IRS confers benefits on 

individuals who are enrolled actuaries 

beyond those that accrue to the general 

public by allowing them to perform 

pension actuarial services under ERISA 

and to practice before the IRS. The 

Treasury Department and the IRS 

comply with OMB Circular A–25 by 

charging user fees to recover the full 

cost of overseeing the enrollment and 

renewal of enrollment processes. Based 

on the 2021 biennial review, the RPO 

determined that the full cost of 

administering the enrolled actuary new 

and renewal of enrollment processes 

increased from $250 to $680 per 

enrollment application for the threeyear enrollment period. The fee is an 

increase of $143.33 per year for the 

period. The Treasury Department and 

the IRS have not requested an exception 

from the OMB because there is no data 

that indicates the user fee for new 

enrollment or renewal of enrollment is 

cost prohibitive or that any other 

condition exists that justifies an 

exception. 

D. Applicability of OMB Circular A–25 

One commenter queried whether 

there should be an exemption from the 

user fee in certain circumstances, as 

permitted by OMB Circular A–25. As an 

example, the commenter described a 

scenario when enrolled actuary status is 

required to qualify for employment but 

the employment position itself does not 

involve providing pension actuarial 

services or representing a taxpayer 

before the IRS. According to the 

commenter, the enrolled actuary in this 

scenario should not be subject to the 

user fee because the employer does not 

benefit from the performance of the 

particular services the enrolled actuary 

status permits. This is a 

misunderstanding of the role ‘‘benefit’’ 

plays in the OMB Circular A–25 

requirement to charge a user fee. As 

explained in the notice of proposed 

rulemaking and this preamble, the user 

fee is required to recover the full cost of 

providing the service of new and 

renewal of enrollment to an individual 

who has been approved by the Joint 

Board to perform actuarial services 

required under ERISA and to represent 

clients in certain circumstances before 

the IRS. This service confers special 

benefits to the enrolled actuary. Any 

third-party benefit, such as to an 

enrolled actuary’s employer or clients, 

is not a consideration with respect to 

the OMB Circular A–25 requirement. 

The scenario presented by the 

commenter does not justify an exception 

to the full-cost recovery requirement. 

Special Analyses 

I. Regulatory Planning and Review 

Pursuant to the Memorandum of 

Agreement, Review of Treasury 

Regulations under Executive Order 

12866 (June 9, 2023), tax regulatory 

actions issued by the IRS are not subject 

to the requirements of section 6(b) of 

Executive Order 12866, as amended. 

Therefore, a regulatory impact 

assessment is not required. 

II. Regulatory Flexibility Act (RFA) 

The notice of proposed rulemaking 

included an initial regulatory flexibility 

analysis (IRFA). No comments 

pertaining to the analysis were received. 

Based on the IRFA, the Treasury 

Department and the IRS determined the 

rule is not expected to have a significant 

economic impact on a substantial 

number of small entities and a final 

regulatory flexibility analysis is not 

required. As discussed in the IRFA, the 

regulations affect actuaries who apply 

for enrollment as an enrolled actuary or 

renewal of enrollment with the Joint 

Board. Only individuals, not businesses, 

can apply for new enrollment or to 

renew enrolled actuary certification. 

Therefore, the economic impact of these 

regulations, an increase of $143.33 per 

year for the three-year enrollment 

period, on any small entity generally 

will be the result of an individual 

actuary owning a small business, or a 

small business employing an actuary 

and requiring the individual to apply for 

enrolled actuary status or renew as an 

enrolled actuary with the Joint Board. 

Pursuant to the RFA (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. 

Pursuant to section 7805(f) of the 

Internal Revenue Code, the notice of 

proposed rulemaking was submitted to 

the Office of Chief Counsel for 

Advocacy of the Small Business 

Administration (SBA) for comment on 

its impact on small business. The Chief 

Counsel for the Office of Advocacy of 

the SBA did not provide any comments. 

III. Unfunded Mandates Reform Act 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

requires that agencies assess anticipated 

costs and benefits and take certain other 

actions before issuing a final rule that 

includes any Federal mandate that may 


ddrumheller on DSK120RN23PROD with RULES1
72370 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations 

result in expenditures in any one year 

by a state, local, or tribal government, in 

the aggregate, or by the private sector, of 

$100 million in 1995 dollars, updated 

annually for inflation. This rule does 

not include any Federal mandate that 

may result in expenditures by state, 

local, or tribal governments, or by the 

private sector in excess of that 

threshold. 

IV. Executive Order 13132: Federalism 

Executive Order 13132 (Federalism) 

prohibits an agency from publishing any 

rule that has federalism implications if 

the rule either imposes substantial, 

direct compliance costs on state and 

local governments, and is not required 

by statute, or preempts state law, unless 

the agency meets the consultation and 

funding requirements of section 6 of the 

Executive order. These final regulations 

do not have federalism implications and 

do not impose substantial direct 

compliance costs on state and local 

governments or preempt state law 

within the meaning of the Executive 

order. 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

Drafting Information 

The principal author of these 

regulations is Carolyn M. Lee, Office of 

the Associate Chief Counsel (Procedure 

and Administration). Other personnel 

from the Treasury Department and the 

IRS participated in the development of 

the regulations. 

List of Subjects in 26 CFR Part 300 

Reporting and recordkeeping 

requirements, Use fees. 

Adoption of Amendments to the 

Regulations 

Accordingly, the Treasury Department 

and the IRS amend 26 CFR part 300 as 

follows: 

PART 300—USER FEES 

■ Paragraph 1. The authority citation 

for part 300 continues to read as 

follows: 

Authority: 31 U.S.C. 9701. 

■ Par. 2. Section 300.7 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.7 Enrollment of enrolled actuary fee. 

* * * * * 

(b) Fee. The fee for initially enrolling 

as an enrolled actuary with the Joint 

Board for the Enrollment of Actuaries is 

$680.00. 

* * * * * 

(d) Applicability date. This section is 

applicable beginning November 20, 

2023. 

■ Par. 3. Section 300.8 is amended by 

revising paragraphs (b) and (d) to read 

as follows: 

§ 300.8 Renewal of enrollment of enrolled 

actuary fee. 

* * * * * 

(b) Fee. The fee for renewal of 

enrollment as an enrolled actuary with 

the Joint Board for the Enrollment of 

Actuaries is $680.00. 

* * * * * 

(d) Applicability date. This section is 

applicable beginning November 20, 

2023. 

Douglas W. O’Donnell, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: October 4, 2023. 

Lily L. Batchelder, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2023–23301 Filed 10–19–23; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0797] 

RIN 1625–AA00 

Safety Zone; Cumberland River, 

Nashville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Cumberland 

River extending from mile marker 190 

through 191. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by aerial operations. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley. 

DATES: This rule is effective from 7 a.m. 

on October 21, 2023 through 6 p.m. on 

October 22, 2023. This rule will be 

enforced from 7 a.m. through 6 p.m. 

daily during the effective period. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0797 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Joshua Carter, MSD 

Nashville, U.S. Coast Guard; telephone 

615–736–5421, email Joshua.D.Carter@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is needed to respond 

and repair to the potential safety 

hazards associated with the aerial 

operations. It is impracticable to publish 

an NPRM because we must establish 

this safety zone by October 21st, 2023. 

An aerial conductor will be replaced by 

Nashville Electric Service between mile 

markers 190–191 which could cause a 

hazard to navigation on the Cumberland 

River. The safety zone must be 

established to protect people and 

vessels associated with and resulting 

from the aerial operations and we lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

This safety zone may include closures 

or navigation restrictions and 

requirements that are vital to maintain 

safe navigation on the Cumberland 

River during aerial operations. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because action is needed to respond to 


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