Balanced System for Measuring Organizational and Employee Performance Within the Internal Revenue Service, 60627-60628 [E8-24335]
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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations
Regulation 30.10 petition must
represent in writing to the CFTC 8 that:
(a) Each firm for which relief is sought is
registered, licensed or authorized, as
appropriate, and is otherwise in good
standing under the standards in place in
Japan; such firm is engaged in business with
customers in Japan as well as in the U.S.; and
such firm and its principals and employees
who engage in activities subject to Part 30
would not be statutorily disqualified from
registration under Section 8a(2) of the Act, 7
U.S.C. 12a(2);
(b) It will monitor firms to which relief is
granted for compliance with the regulatory
requirements for which substituted
compliance is accepted and will promptly
notify the Commission or NFA of any change
in status of a firm that would affect its
continued eligibility for the exemption
granted hereunder, including the termination
of its activities in the U.S.;
(c) All transactions with respect to
customers resident in the U.S. will be made
on or subject to the regulations of TFX and
the Commission will receive prompt notice
of all material changes to the relevant laws
in Japan, any regulations promulgated
thereunder and TFX regulations;
(d) Customers located in the U.S. will be
provided no less stringent regulatory
protection than Japanese customers under all
relevant provisions of Japanese law; and
(e) It will cooperate with the Commission
with respect to any inquiries concerning any
activity subject to regulation under the Part
30 Regulations, including sharing the
information specified in Appendix A on an
‘‘as needed’’ basis and will use its best efforts
to notify the Commission if it becomes aware
of any information that in its judgment
affects the financial or operational viability of
a member firm doing business in the U.S.
under the exemption granted by this Order.
ebenthall on PROD1PC60 with RULES
(2) Each firm seeking relief hereunder
must represent in writing that it:
(a) Is located outside the U.S., its territories
and possessions and, where applicable, has
subsidiaries or affiliates domiciled in the
U.S. with a related business (e.g., banks and
broker/dealer affiliates) along with a brief
description of each subsidiary’s or affiliate’s
identity and principal business in the U.S.;
(b) Consents to jurisdiction in the U.S.
under the Act by filing a valid and binding
appointment of an agent in the U.S. for
service of process in accordance with the
requirements set forth in Regulation 30.5;
(c) Agrees to provide access to its books
and records related to transactions under Part
30 required to be maintained under the
applicable statutes and regulations in effect
in Japan upon the request of any
representative of the Commission or U.S.
Department of Justice at the place in the U.S.
designated by such representative, within 72
hours, or such lesser period of time as
specified by that representative as may be
reasonable under the circumstances after
notice of the request;
(d) Has no principal or employee who
solicits or accepts orders from customers
8 As described below, these representations are to
be filed with NFA.
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15:35 Oct 10, 2008
Jkt 217001
located in the U.S. who would be
disqualified under Section 8a(2) of the Act,
7 U.S.C. 12a(2), from doing business in the
U.S.;
(e) Consents to participate in any NFA
arbitration program that offers a procedure
for resolving customer disputes on the papers
where such disputes involve representations
or activities with respect to transactions
under Part 30, and consents to notify
customers located in the U.S. of the
availability of such a program;
(f) Undertakes to comply with the
applicable provisions of Japanese laws and
TFX regulations that form the basis upon
which this exemption from certain
provisions of the Act and Regulations
thereunder is granted.
As set forth in the Commission’s
September 11, 1997 Order delegating to
NFA certain responsibilities, the written
representations set forth in paragraph
(2) shall be filed with NFA.9 Each firm
seeking relief hereunder has an ongoing
obligation to notify NFA should there be
a material change to any of the
representations required in the firm’s
application for relief.
The Commission also confirms that
TFX members that receive confirmation
of relief set forth herein may engage in
limited marketing conduct with respect
to certain qualified customers located in
the U.S. from a non-permanent location
in the U.S., subject to the terms and
conditions set forth in prior
Commission Orders.10 The Commission
notes that any firm and their employees
or other representatives which engage in
marketing conduct pursuant to this
relief are deemed to have consented to
the Commission’s jurisdiction over such
marketing activities by their filing of a
valid and binding appointment of an
agent in the U.S. for service of process.
This Order will become effective as to
any designated TFX firm the later of the
date of publication of the Order in the
Federal Register or the filing of the
consents set forth in paragraphs (2)(a)–
(f). Upon filing of the notice required
under paragraph (1)(b) as to any such
firm, the relief granted by this Order
may be suspended immediately as to
that firm. That suspension will remain
9 62 FR 47792, 47793 (September 11, 1997).
Among other duties, the Commission authorized
NFA to receive requests for confirmation of
Regulation 30.10 relief on behalf of particular firms,
to verify such firms’ fitness and compliance with
the conditions of the appropriate Regulation 30.10
Order and to grant exemptive relief from
registration to qualifying firms.
10 See 57 FR 49644 (November 3, 1992)
(permitted limited marketing of foreign futures and
foreign option products to certain governmental and
institutional customers located in the U.S.); 59 FR
42156 (August 17, 1994) (expanding the relief set
forth in the 1992 release to conduct directed
towards ‘‘accredited investors’’, as defined in the
Securities and Exchange Commission’s Regulation
D issued pursuant to the Securities Act of 1933).
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60627
in effect pending further notice by the
Commission, or the Commission’s
designee, to the firm and TFX.
This Order is issued pursuant to
Regulation 30.10 based on the
representations made and supporting
material provided to the Commission
and the recommendation of the staff,
and is made effective as to any firm
granted relief hereunder based upon the
filings and representations of such firms
required hereunder. Any material
changes or omissions in the facts and
circumstances pursuant to which this
Order is granted might require the
Commission to reconsider its finding
that the standards for relief set forth in
Regulation 30.10 and, in particular,
Appendix A, have been met. Further, if
experience demonstrates that the
continued effectiveness of this Order in
general, or with respect to a particular
firm, would be contrary to public policy
or the public interest, or that the
systems in place for the exchange of
information or other circumstances do
not warrant continuation of the
exemptive relief granted herein, the
Commission may condition, modify,
suspend, terminate, withhold as to a
specific firm, or otherwise restrict the
exemptive relief granted in this Order,
as appropriate, on its own motion.
The Commission will continue to
monitor the implementation of its
program to exempt firms located in
jurisdictions generally deemed to have a
comparable regulatory program from the
application of certain of the foreign
futures and option regulations and will
make necessary adjustments if
appropriate.
Dated: October 8, 2008.
By the Commission.
David Stawick,
Secretary of the Commission.
[FR Doc. E8–24315 Filed 10–10–08; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 801
[TD 9426]
RIN 1545–BE45
Balanced System for Measuring
Organizational and Employee
Performance Within the Internal
Revenue Service
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
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14OCR1
60628
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations
SUMMARY: This document contains final
regulations relating to the modification
of regulations governing the IRS
Balanced System for Measuring
Organizational and Employee
Performance. These regulations affect
internal operations of the IRS and the
systems that the agency employs to
evaluate the performance of
organizations within the IRS and
individuals employed by the IRS.
DATES: Effective date. These regulations
are effective on October 14, 2008.
Applicability date. For dates of
applicability, see § 801.8.
FOR FURTHER INFORMATION CONTACT: Neil
Worden, (202) 927–0900.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 2005, the IRS
published in the Federal Register
proposed regulations (REG–114444–05)
at 70 FR 60256 and final and temporary
regulations (TD 9227) at 70 FR 60214
amending 26 CFR part 801. One written
comment was received. No public
hearing was requested. This document
adopts, without modification, the
proposed regulations as final
regulations.
ebenthall on PROD1PC60 with RULES
Summary of Comments
The commentator suggested that
modification of the regulation was not
needed. The commentator further
suggested that the Quantity measure
‘‘number of cases closed’’ should never
be used to evaluate IRS employees or
suggest goals. The amendment of Part
801 retains the absolute prohibition on
the use of quantity data to evaluate nonsupervisory employees who exercise
judgment with respect to tax
enforcement results. The amendment
allows communicating the quantity
goals of an organizational unit with
employees, including quantity
expectations, such as the average
number of case closures needed to meet
the unit’s goal. These communications
must recognize that the facts and
circumstances of each case will affect an
employee’s actual closures, and that the
employee is not being given a quota
which must be met. Accordingly, the
commentator’s suggestion was not
adopted.
In addition, the inclusion of some
outcome-neutral production data as
examples of quantity measures (for
example, cycle time and number or
percentage of overage cases) (§ 801.6(c))
does not preclude an organizational
unit’s use of this or other outcomeneutral production data as quality
measures.
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15:35 Oct 10, 2008
Jkt 217001
Special Analyses
§ 801.1
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
also has been determined that the
section 553(b) of the Administrative
Procedure Act (5 U.S.C. chapter 5) does
not apply to these regulations, and
because the regulation does not impose
a collection of information on small
entities, the Regulatory Flexibility Act
(5 U.S.C. chapter 6) does not apply.
Pursuant to section 7805(f) of the
Internal Revenue 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.
■ Par. 5. Newly designated § 801.1(a) is
amended by removing the language
‘‘(Pub. L. 105–106, 112 Stat. 685, 715–
716, 722)’’ and adding the language
‘‘(Pub. L. 105–106, 112 Stat. 685, 715–
716, 722)’’ in its place.
Drafting Information
The principal author of these
regulations is Karen F. Keller, Office of
Associate Chief Counsel (General Legal
Services). However, other personnel
from the IRS participated in their
development.
List of Subjects in 26 CFR part 801
Organization and functions
(Government agencies), Federal
employees.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR Part 801 is
amended as follows:
■ Paragraph 1. The authority citation
for Part 801 continues to read in part as
follows:
■
Authority: 5 U.S.C. 9501 * * *
PART 801—BALANCED SYSTEM FOR
MEASURING ORGANIZATIONAL AND
EMPLOYEE PERFORMANCE WITHIN
THE INTERNAL REVENUE SERVICE
§§ 801.1 through 801.7
[Removed]
■ Par. 2. The center heading and
§§ 801.1, 801.2, 801.3, 801.4, 801.5,
801.6, and 801.7 are removed.
§§ 801.1T through 801.8T [Redesignated
as §§ 801.1 through 801.8]
§ 801.2
[Amended]
[Amended]
■ Par. 6. Newly designated § 801.2 is
amended by removing the language
‘‘Pub. L. 104–106, 110 Stat. 186, 679);
the Government Performance and
Results Act of 1993 (Pub. L. 103–62, 107
Stat. 285); and the Chief Financial
Officers Act of 1990 (Pub. L. 101–576,
108 Stat. 2838)’’ and adding the
language ‘‘(Pub. L. 104–106, 110 Stat.
186, 679); the Government Performance
and Results Act of 1993 (Pub. L. 103–
62, 107 Stat. 285); and the Chief
Financial Officers Act of 1990 (Pub. L.
101–576, 108 Stat. 2838)’’ in its place.
§ 801.3
[Amended]
■ Par. 7. Newly designated § 801.3(e)(1)
and (e)(3) is amended by removing the
language ‘‘§ 801.6T’’ in each location
and adding the language ‘‘801.6’’ in its
place.
§ 801.7
[Amended]
■ Par. 8. Newly designated § 801.7(a)
introductory text is amended by
removing the language ‘‘§ 801.3T’’ and
adding the language ‘‘§ 801.3’’ in its
place.
■ Par. 9. New designated § 801.8 is
revised to read as follows:
§ 801.8
Effective/applicability dates.
The provisions of §§ 801.1 through
801.7 apply on or after October 17,
2005.
Approved: October 7, 2008.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E8–24335 Filed 10–10–08; 8:45 am]
BILLING CODE 4830–01–P
Par. 3. The center heading preceding
§ 801.1T is removed.
■ Par. 4. Sections 801.1T, 801.2T,
801.3T, 801.4T, 801.5T, 801.6T, 801.7T,
and 801.8T are redesignated as §§ 801.1,
801.2, 801.3, 801.4, 801.5, 801.6, 801.7,
and 801.8 and the language ‘‘T’’
following the section number and
‘‘(temporary)’’ is removed from each
section heading, respectively.
■
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]]>Agencies
[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Pages 60627-60628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24335]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 801
[TD 9426]
RIN 1545-BE45
Balanced System for Measuring Organizational and Employee
Performance Within the Internal Revenue Service
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulations.
-----------------------------------------------------------------------
[[Page 60628]]
SUMMARY: This document contains final regulations relating to the
modification of regulations governing the IRS Balanced System for
Measuring Organizational and Employee Performance. These regulations
affect internal operations of the IRS and the systems that the agency
employs to evaluate the performance of organizations within the IRS and
individuals employed by the IRS.
DATES: Effective date. These regulations are effective on October 14,
2008. Applicability date. For dates of applicability, see Sec. 801.8.
FOR FURTHER INFORMATION CONTACT: Neil Worden, (202) 927-0900.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 2005, the IRS published in the Federal Register
proposed regulations (REG-114444-05) at 70 FR 60256 and final and
temporary regulations (TD 9227) at 70 FR 60214 amending 26 CFR part
801. One written comment was received. No public hearing was requested.
This document adopts, without modification, the proposed regulations as
final regulations.
Summary of Comments
The commentator suggested that modification of the regulation was
not needed. The commentator further suggested that the Quantity measure
``number of cases closed'' should never be used to evaluate IRS
employees or suggest goals. The amendment of Part 801 retains the
absolute prohibition on the use of quantity data to evaluate non-
supervisory employees who exercise judgment with respect to tax
enforcement results. The amendment allows communicating the quantity
goals of an organizational unit with employees, including quantity
expectations, such as the average number of case closures needed to
meet the unit's goal. These communications must recognize that the
facts and circumstances of each case will affect an employee's actual
closures, and that the employee is not being given a quota which must
be met. Accordingly, the commentator's suggestion was not adopted.
In addition, the inclusion of some outcome-neutral production data
as examples of quantity measures (for example, cycle time and number or
percentage of overage cases) (Sec. 801.6(c)) does not preclude an
organizational unit's use of this or other outcome-neutral production
data as quality measures.
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 also has been
determined that the section 553(b) of the Administrative Procedure Act
(5 U.S.C. chapter 5) does not apply to these regulations, and because
the regulation does not impose a collection of information on small
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not
apply. Pursuant to section 7805(f) of the Internal Revenue 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 Karen F. Keller,
Office of Associate Chief Counsel (General Legal Services). However,
other personnel from the IRS participated in their development.
List of Subjects in 26 CFR part 801
Organization and functions (Government agencies), Federal
employees.
Adoption of Amendments to the Regulations
0
Accordingly, 26 CFR Part 801 is amended as follows:
0
Paragraph 1. The authority citation for Part 801 continues to read in
part as follows:
Authority: 5 U.S.C. 9501 * * *
PART 801--BALANCED SYSTEM FOR MEASURING ORGANIZATIONAL AND EMPLOYEE
PERFORMANCE WITHIN THE INTERNAL REVENUE SERVICE
Sec. Sec. 801.1 through 801.7 [Removed]
0
Par. 2. The center heading and Sec. Sec. 801.1, 801.2, 801.3, 801.4,
801.5, 801.6, and 801.7 are removed.
Sec. Sec. 801.1T through 801.8T [Redesignated as Sec. Sec. 801.1
through 801.8]
0
Par. 3. The center heading preceding Sec. 801.1T is removed.
0
Par. 4. Sections 801.1T, 801.2T, 801.3T, 801.4T, 801.5T, 801.6T,
801.7T, and 801.8T are redesignated as Sec. Sec. 801.1, 801.2, 801.3,
801.4, 801.5, 801.6, 801.7, and 801.8 and the language ``T'' following
the section number and ``(temporary)'' is removed from each section
heading, respectively.
Sec. 801.1 [Amended]
0
Par. 5. Newly designated Sec. 801.1(a) is amended by removing the
language ``(Pub. L. 105-106, 112 Stat. 685, 715-716, 722)'' and adding
the language ``(Pub. L. 105-106, 112 Stat. 685, 715-716, 722)'' in its
place.
Sec. 801.2 [Amended]
0
Par. 6. Newly designated Sec. 801.2 is amended by removing the
language ``Pub. L. 104-106, 110 Stat. 186, 679); the Government
Performance and Results Act of 1993 (Pub. L. 103-62, 107 Stat. 285);
and the Chief Financial Officers Act of 1990 (Pub. L. 101-576, 108
Stat. 2838)'' and adding the language ``(Pub. L. 104-106, 110 Stat.
186, 679); the Government Performance and Results Act of 1993 (Pub. L.
103-62, 107 Stat. 285); and the Chief Financial Officers Act of 1990
(Pub. L. 101-576, 108 Stat. 2838)'' in its place.
Sec. 801.3 [Amended]
0
Par. 7. Newly designated Sec. 801.3(e)(1) and (e)(3) is amended by
removing the language ``Sec. 801.6T'' in each location and adding the
language ``801.6'' in its place.
Sec. 801.7 [Amended]
0
Par. 8. Newly designated Sec. 801.7(a) introductory text is amended by
removing the language ``Sec. 801.3T'' and adding the language ``Sec.
801.3'' in its place.
0
Par. 9. New designated Sec. 801.8 is revised to read as follows:
Sec. 801.8 Effective/applicability dates.
The provisions of Sec. Sec. 801.1 through 801.7 apply on or after
October 17, 2005.
Approved: October 7, 2008.
Linda E. Stiff,
Deputy Commissioner for Services and Enforcement.
Eric Solomon,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. E8-24335 Filed 10-10-08; 8:45 am]
BILLING CODE 4830-01-P
