[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40438-40440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13409]


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DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 356


Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, 
and Bonds

AGENCY: Department of the Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury (Treasury) is issuing in final 
form several technical amendments to the terms and conditions for the 
sale and issuance to the public of marketable Treasury securities. 
These amendments are designed to modernize the regulations, enhance 
clarity, and improve consistency in the use of terminology.

DATES: Effective August 8, 2022.

ADDRESSES: This final rule is available at http://www.treasurydirect.gov.

FOR FURTHER INFORMATION CONTACT: Lori Santamorena (Executive Director), 
Kurt Eidemiller (Associate Director), Kevin Hawkins (Associate 
Director) or John Garrison (Associate Director), Government Securities 
Regulations Staff, Bureau of the Fiscal Service, Department of the 
Treasury, (202) 504-3632 or email us at <a href="/cdn-cgi/l/email-protection#ed8a829b9e888e9f888aad8b849e8e8c81c3999f888c9e989f94c38a829b"><span class="__cf_email__" data-cfemail="2a4d455c594f49584f4d6a4c4359494b46045e584f4b595f5853044d455c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Chapter 31 of Title 31 of the United States 
Code authorizes the Secretary of the Treasury to issue United States 
obligations, and to offer them for sale under such terms and conditions 
as the Secretary may prescribe. Title 31 CFR part 356, also referred to 
as the Uniform Offering Circular (UOC), sets out the terms and 
conditions for the sale and issuance by Treasury to the public of 
marketable, book-entry Treasury bills, notes, and bonds.\1\ The UOC, 
together with the auction announcement for each Treasury security 
auction, represents a comprehensive statement of those terms and 
conditions. Following a review of the UOC, Treasury is issuing in final 
form eight technical amendments.
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    \1\ The Uniform Offering Circular was published as a final rule 
on January 5, 1993 (58 FR 412).
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    The first change removes specific references to the Legacy Treasury 
Direct and TreasuryDirect systems. This change removes outdated 
references to legacy technology and reduces the likelihood that 
Treasury would need to make future regulation changes based on 
technological developments.
    The second change removes references to ``press release'' 
throughout part 356 to allow for a range of distribution methods for 
Treasury auction announcements and results.
    The third change modifies Sec.  356.5 paragraphs (b)(2) and (c)(2) 
to clarify that Treasury does not conduct unscheduled reopenings of 
Treasury inflation-protected securities (TIPS). In a reopening, 
Treasury auctions an additional amount of an outstanding security. 
Treasury's planned auction schedule includes regularly scheduled 
reopenings. In an unscheduled reopening, the highest accepted yield 
determined in the auction of a new, non-indexed note or bond 
coincidentally aligns with the yield of an outstanding non-indexed note 
or bond with the same maturity date. In that situation, Treasury 
reopens the outstanding non-indexed note or bond rather than issuing a 
new security. Because TIPS have a 6-digit, inflation-index ratio set 
when each security is issued, there is an extremely low probability 
that a previously issued TIPS will have an initial index ratio, coupon 
rate, and maturity date that coincidentally aligns with a newly issued 
TIPS. Therefore, Treasury does not conduct unscheduled reopenings of 
TIPS.
    The fourth change increases the noncompetitive bid limit for all 
marketable Treasury securities auctions from $5 million to $10 million 
considering the increase in auction sizes and inflation over several 
decades. This change aims to encourage participation by smaller 
investors by expanding their opportunities to bid noncompetitively.
    The fifth change adds clarifying language at Sec.  356.14(a) to 
confirm that the bidder has been properly identified when submitting a 
customer bid in an auction. Currently, the UOC does not directly 
address the identification of customers on bids that satisfy guarantee 
arrangements.\2\ To eliminate any potential ambiguity regarding such 
bids, the UOC is being amended to explicitly require the identification 
of customers on bids that satisfy guarantee arrangements. Treasury 
expects any entity guaranteeing bids to confirm that the customer has 
been properly identified on the bid and raise any questions with 
Treasury staff.
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    \2\ In 2009, Treasury amended the UOC to remove a provision 
regarding auction bids that fulfilled a guarantee. The guarantee 
provision was intended for multiple-price auctions which Treasury no 
longer conducts. 74 FR 26084 (June 1, 2009).
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    The sixth change revises paragraph Sec.  356.20(b) to clarify that 
new inflation-protected notes and bonds are issued with a minimum 
interest rate of \1/8\ of one percent.\3\
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    \3\ On March 1, 2011, Treasury published in the Federal Register 
a final amendment to the UOC that established a minimum interest 
rate of \1/8\ of one percent for all new Treasury note and bond 
issues, including inflation-protected securities (76 FR 11079).
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    The seventh change revises certain examples in Appendix B to part 
356 to replace references to ``inflation-indexed'' with ``inflation-
protected'' for consistency.
    The eighth change adds clarifying language in Appendix B to part 
356 to the examples for calculating the investment rate (coupon-
equivalent yield) for Treasury bills. The clarifying language explains 
how to calculate variable y when the year following the issue date of a 
Treasury bill is a leap year.
    To provide market participants and Treasury sufficient time to 
modify their systems and to make any other

[[Page 40439]]

operational changes that may be needed, we are providing a 30-day 
delayed effective date.

Procedural Requirements

    Executive Order 12866. This final rule is not a significant 
regulatory action pursuant to Executive Order 12866.
    Administrative Procedure Act (APA). This rule falls within the 
contract exception to the APA, 5 U.S.C. 553(a)(2), because it relates 
to United States securities, which are contracts between Treasury and 
the owner of the security. 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 final 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. We ask for no collections of information 
in this final rule. Therefore, the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., does not apply.
    Congressional Review Act (CRA). This final rule is not a major rule 
pursuant to the CRA, 5 U.S.C. 801 et seq.

List of Subjects in 31 CFR Part 356

    Banks, Banking, Bonds, Federal Reserve System, Government 
securities, Reporting and recordkeeping requirements, Securities.

Text of Amendments

    For the reasons set forth in the preamble, amend 31 CFR part 356 as 
follows:

PART 356--SALE AND ISSUE OF MARKETABLE BOOK-ENTRY TREASURY BILLS, 
NOTES, AND BONDS (DEPARTMENT OF THE TREASURY CIRCULAR, FISCAL 
SERVICE SERIES NO. 1-93)

0
1. The authority citation for part 356 continues to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 3102, et seq.; 12 U.S.C. 391.


0
2. Amend Sec.  356.2 by revising the definitions of ``Book-entry 
security'', ``Index rate'', removing the definition of ``Legacy 
Treasury Direct'', revising the definition of ``Security'', and 
removing the definition of ``TreasuryDirect''.
    The revisions read as follows:


Sec.  356.2   What definitions do I need to know to understand this 
part?

    Book-entry security means a security that is issued or maintained 
as an accounting entry or electronic record. (See Sec.  356.4.)
* * * * *
    Index rate means the simple-interest money market yield, computed 
on an actual/360 basis and rounded to nine decimal places, from the 
highest accepted discount rate of a 13-week bill auction as announced 
in the Treasury auction results. (See appendix B for methods and 
examples for computing the index rate.)
* * * * *
    Security means a Treasury bill, note, or bond, each as described in 
this part. Security also means any other obligation we issue that is 
subject to this part according to its auction announcement. Security 
includes an interest or principal component under the STRIPS program, 
as well as a certificate of indebtedness.
* * * * *

0
3. Amend Sec.  356.4 by revising the introductory text and paragraph 
(b) and removing paragraph (c) to read as follows:


Sec.  356.4   What are the book-entry systems in which auctioned 
Treasury securities may be issued or maintained?

    We issue marketable Treasury securities into the commercial book-
entry system and into accounts maintained directly on the records of 
the Department of the Treasury (``securities held directly with 
Treasury'').
* * * * *
    (b) Securities held directly with Treasury. Account holders 
maintain accounts in a book-entry system directly on the records of the 
Department of the Treasury. Securities held directly with Treasury are 
subject to the terms and conditions in this part, the auction 
announcement, and the regulations governing the system in which the 
securities are held. (See subtitle B, chapter II of this title.)

0
4. Amend Sec.  356.5 by revising the introductory text and footnote 1 
to paragraph (b)(1) introductory text and adding paragraphs (b)(2)(vi) 
and (c)(2)(vi) to read as follows:


Sec.  356.5   What types of securities does the Treasury auction?

    We offer securities under this part exclusively in book-entry form 
and as direct obligations of the United States issued under Chapter 31 
of Title 31 of the United States Code. When we issue additional 
securities with the same CUSIP number as outstanding securities, we 
consider them to be the same securities as the outstanding securities.
* * * * *
    (b) * * *
    (1) * * *
    \1\ We use the term ``non-indexed'' in this part to distinguish 
such notes and bonds from ``inflation-protected securities'' and 
``floating rate notes.'' We refer to non-indexed notes and non-indexed 
bonds as ``notes'' and ``bonds'' in official Treasury publications, 
such as auction announcements and auction results, as well as in 
auction systems.
    (2) * * *
    (vi) Are only reopened as scheduled or announced.
* * * * *
    (c) * * *
    (2) * * *
    (vi) Are only reopened as scheduled or announced.

0
5. Amend Sec.  356.11 by revising the first sentence of paragraph 
(a)(1), revising paragraph (c), and removing paragraph (d) to read as 
follows:


Sec.  356.11   How are bids submitted in an auction?

    (a) * * *
    (1) All bids must be submitted using an approved method, which 
depends on the system into which the awarded securities will be issued. 
(See Sec.  356.4.) * * *
* * * * *
    (c) Securities held directly with Treasury. You must submit your 
bids in accordance with the regulations governing the system in which 
the security will be held. You may reinvest the proceeds of a maturing 
security held directly with Treasury as permitted by the system in 
which it is held.

0
6. Amend Sec.  356.12 by revising paragraphs (b)(1) and (c)(3) to read 
as follows:


Sec.  356.12   What are the different types of bids and do they have 
specific requirements or restrictions?

* * * * *
    (b) * * *
    (1) Maximum bid. You may not bid noncompetitively for more than $10 
million. The maximum bid limitation does not apply if you are bidding 
solely through a request to reinvest the proceeds of a maturing 
security held directly with Treasury, which is a noncompetitive bid.
* * * * *
    (c) * * *
    (3) Additional restrictions. You may not bid competitively in an 
auction in which you are bidding noncompetitively. You may not bid 
competitively for securities to be held directly with Treasury.

[[Page 40440]]


0
7. Amend Sec.  356.14 by revising paragraph (a) to read as follows:


Sec.  356.14   What are the requirements for submitting bids for 
customers?

    (a) Institutions that may submit bids for customers. Only 
depository institutions or dealers may submit bids for customers (see 
definitions at Sec.  356.2), or for customers of intermediaries, under 
the requirements set out in this section. If a bid fulfills a guarantee 
to sell to a customer a specified amount of securities at the price 
determined in the auction, then the bid is a bid of that customer.
* * * * *

0
8. Amend Sec.  356.17 by revising paragraph (b), removing paragraph 
(c), and redesignating paragraph (d) as paragraph (c) to read as 
follows:


Sec.  356.17   How and when do I pay for securities awarded in an 
auction?

* * * * *
    (b) Securities held directly with Treasury. You must pay for your 
awarded securities by a debit entry to a deposit account that you are 
authorized to debit or by using the redemption proceeds of your 
certificate of indebtedness. Payment by debit entry occurs on the 
settlement date for the actual settlement amount due. (See Sec.  
356.25.)
* * * * *

0
9. Amend Sec.  356.20 by revising paragraph (b) introductory text to 
read as follows:


Sec.  356.20   How does the Treasury determine auction awards?

* * * * *
    (b) Determining the interest rate for new non-indexed and 
inflation-protected note and bond issues. If a Treasury non-indexed or 
inflation-protected note or bond auction results in a yield lower than 
0.125 percent, the interest rate will be set at \1/8\ of one percent, 
and successful bidders' award prices will be calculated accordingly. 
(See appendix B to this part for formulas.)
* * * * *

0
10. Amend Sec.  356.22 by revising paragraph (a) to read as follows:


Sec.  356.22   Does the Treasury have any limitations on auction 
awards?

    (a) Awards to noncompetitive bidders. The maximum award to any 
noncompetitive bidder is $10 million. This limit does not apply to 
bidders bidding solely through a request to reinvest the proceeds of a 
maturing security held directly with Treasury.
* * * * *

0
11. Amend Sec.  356.23 by revising paragraph (a) and paragraph (b) 
introductory text to read as follows:


Sec.  356.23   How are the auction results announced?

    (a) After the conclusion of the auction, we will make the auction 
results available on our website at http://www.treasurydirect.gov.
    (b) The auction results will include such information as:
* * * * *

0
12. Amend Sec.  356.25 by revising paragraphs (a) and (b) and removing 
paragraph (d) to read as follows:


Sec.  356.25   How does the settlement process work?

* * * * *
    (a) Payment by debit entry to a deposit account. If you are paying 
by debit entry to a deposit account as provided for in Sec.  356.17(b), 
we will charge the settlement amount to the specified account on the 
issue date.
    (b) Payment by authorized charge to a funds account. Where the 
submitter's method of payment is an authorized charge to the funds 
account of a depository institution as provided for in Sec.  356.17(c), 
we will charge the settlement amount to the specified funds account on 
the issue date.
* * * * *

0
13. Amend Sec.  356.30 by revising the paragraph heading to paragraph 
(c)(2) and removing paragraph (c)(3) to read as follows:


Sec.  356.30   When does the Treasury pay principal and interest on 
securities?

* * * * *
    (c) * * *
    (2) Securities held directly with Treasury. * * *

0
14. Amend appendix B to part 356:
0
a. In section I.C, by revising the first four sentences in paragraph 1 
and the first two sentences in paragraph 3;
0
b. In section III.A and B, by removing ``inflation-indexed'' and adding 
in its place ``inflation-protected'' wherever it occurs; and
0
c. In section VI.D, by revising the first occurrence of the variable y 
in paragraphs 1 and 2.
    The revisions read as follows:

Appendix B to Part 356--Formulas and Tables

* * * * *
    I. * * *
    C. * * *
    1. * * * We issue floating rate notes with a daily interest 
accrual feature. This means that the interest rate ``floats'' based 
on changes in the representative index rate. We pay interest on a 
quarterly basis. The index rate is the High Rate of the 13-week 
Treasury bill auction announced on the auction results that has been 
converted into a simple-interest money market yield computed on an 
actual/360 basis and rounded to nine decimal places. * * *
* * * * *
    3. * * * In general, accrued interest for a particular calendar 
day in an accrual period is calculated by using the index rate from 
the most recent auction of 13-week bills that took place before the 
accrual day, plus the spread determined at the time of a new 
floating rate note auction, divided by 360, subject to a zero-
percent minimum daily interest accrual rate. However, the rate 
determined in a 13-week bill auction that takes place in the two-
business-day period prior to a settlement date or interest payment 
date will be excluded from the calculation of accrued interest for 
purposes of the settlement amount or interest payment. * * *
* * * * *
    VI. * * *
    D. * * *
    1. * * *
    y = number of days in year following the issue date; normally 
365, but if the period from the issue date to the same date 1 year 
ahead contains February 29, then y is 366. (e.g., 2020 is a leap 
year. Suppose the issue date for a 26-week bill is February 28, 
2019. The date 1 year ahead is February 28, 2020. That 1-year period 
from the issue date of the bill does not contain ``February 29,'' 
therefore y = 365. Now suppose the issue date of a 26-week bill is 
March 1, 2019. The date 1 year ahead is March 1, 2020. That 1-year 
period from the issue date of the bill contains ``February 29,'' 
therefore y = 366.)
* * * * *
    2. * * *
    y = number of days in year following the issue date; normally 
365, but if the period from the issue date to the same date 1 year 
ahead contains February 29, then y is 366. (e.g., 2020 is a leap 
year. Suppose the issue date for a 26-week bill is February 28, 
2019. The date 1 year ahead is February 28, 2020. That 1-year period 
from the issue date of the bill does not contain ``February 29,'' 
therefore y = 365. Now suppose the issue date of a 26-week bill is 
March 1, 2019. The date 1 year ahead is March 1, 2020. That 1-year 
period from the issue date of the bill contains ``February 29,'' 
therefore y = 366.)

David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2022-13409 Filed 7-6-22; 8:45 am]
BILLING CODE 4810-AS-P


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