User Fees Relating to Enrolled Agents and Enrolled Retirement Plan Agents, 11366-11371 [2022-04303]
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Alberta E. Mills, Division of the
Secretariat, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; (301) 504–7479,
cpsc-os@cpsc.gov.
SUPPLEMENTARY INFORMATION:
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112 and 1261
[Docket No. CPSC–2017–0044]
Safety Standard for Clothing Storage
Units; Notice of Opportunity for Oral
Presentation of Comments
Consumer Product Safety
Commission.
ACTION: Notice of proposed rulemaking;
opportunity for oral presentation of
comments.
AGENCY:
The Consumer Product Safety
Commission (Commission or CPSC) will
be providing an opportunity for
interested parties to present oral
comments on the notice of proposed
rulemaking (NPR) the Commission
issued regarding a safety standard for
clothing storage units (CSUs). Any oral
comments will be part of the rulemaking
record.
DATES: The meeting will begin at 10 a.m.
Eastern Standard Time (EST) on April 6,
2022, via webinar. All attendees should
pre-register for the webinar online at:
https://attendee.gotowebinar.com/
register/4382433867276269835. Any
individual interested in making an oral
presentation must register for the
webinar and submit a request to make
an oral presentation to the Division of
the Secretariat, along with the written
text of the oral presentation, and such
requests must be received no later than
5 p.m. EST on March 23, 2022. All other
individuals who wish to attend the
meeting should register before the start
of the hearing.
ADDRESSES: The hearing will be held via
webinar. Attendance is free of charge.
Submit requests to make oral
presentations and provide the written
text of oral presentations to the Division
of the Secretariat, with the caption,
‘‘Clothing Storage Units NPR; Oral
Presentation,’’ by email to cpsc-os@
cpsc.gov, or by mail to the Division of
the Secretariat, Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814. Detailed
instructions for those making oral
presentations and other attendees will
be made available on the CPSC public
calendar.
FOR FURTHER INFORMATION CONTACT: For
information about the subject matter of
this hearing, contact Kirsten Talcott,
Project Manager, Consumer Product
Safety Commission, 5 Research Place,
Rockville, MD 20850; phone: (301) 987–
2311, email: KTalcott@cpsc.gov. For
information about the procedure to
make an oral presentation, contact
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SUMMARY:
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I. Background 1
On February 3, 2022, the Commission
published an NPR in the Federal
Register, proposing to issue a safety
standard for CSUs under the Consumer
Product Safety Act (CPSA; 15 U.S.C.
2051–2089), and seeking written
comments. 87 FR 6246. The proposed
rule seeks to address the risk of injuries
and death, particularly to children,
associated with CSUs tipping over, by
requiring CSUs to be tested for stability
and to exceed minimum stability
requirements; to be marked and labeled
with safety information; and to bear a
hang tag providing performance and
technical data about the stability of the
CSU. The proposed rule would apply to
‘‘clothing storage units,’’ which the NPR
proposes to define as follows:
Clothing storage unit means a freestanding
furniture item, with drawer(s) and/or door(s),
that may be reasonably expected to be used
for storing clothing, that is greater than or
equal to 27 inches in height, and with a total
functional volume of the closed storage
greater than 1.3 cubic feet and greater than
the sum of the total functional volume of the
open storage and the total volume of the open
space. Common names for clothing storage
units include, but are not limited to: Chests,
bureaus, dressers, armoires, wardrobes,
chests of drawers, drawer chests, chifforobes,
and door chests. Whether a product is a
clothing storage unit depends on whether it
meets this definition. Some products that
generally do not meet the criteria in this
definition and, therefore, likely are not
considered clothing storage units are:
Shelving units, office furniture, dining room
furniture, laundry hampers, built-in closets,
and single-compartment closed rigid boxes
(storage chests).
The NPR proposes to exempt clothes
lockers and portable storage closets from
the standard. The NPR is available at:
https://www.govinfo.gov/content/pkg/
FR-2022-02-03/pdf/2022-01689.pdf, and
CPSC staff’s briefing package for the
NPR is available at: https://
www.cpsc.gov/s3fs-public/
Proposed%20Rule-%20Safety%20
Standard%20for%20Clothing%20
Storage%20Units.pdf.
II. The Public Hearing
The Administrative Procedure Act (5
U.S.C. 551–562) and section 9 of the
CPSA require the Commission to
provide interested parties with an
1 The Commission voted 4–0 to publish this
notice.
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opportunity to submit ‘‘written data,
views, or arguments’’ regarding a
proposed rule. 5 U.S.C. 553(c); 15 U.S.C.
2058(d)(2). The NPR invited such
written comments. In addition, section
9 of the CPSA requires the Commission
to provide interested parties ‘‘an
opportunity for oral presentation of
data, views, or arguments.’’ 15 U.S.C.
2058(d)(2). The Commission must keep
a transcript of such oral presentations.
Id. In accordance with this requirement,
the Commission is providing a forum for
oral presentations concerning the
proposed standard for CSUs.
To request the opportunity to make an
oral presentation, see the information
under the DATES and ADDRESSES sections
of this notice. Participants should limit
their presentations to approximately 10
minutes, excluding time for questioning
by the Commissioners or CPSC staff. To
avoid duplicate presentations, groups
should designate a spokesperson, and
the Commission reserves the right to
limit presentation times or impose
further restrictions, as necessary.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2022–04217 Filed 2–28–22; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 300
[REG–114209–21]
RIN 1545–BQ17
User Fees Relating to Enrolled Agents
and Enrolled Retirement Plan Agents
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
and notice of public hearing.
AGENCY:
This document contains
proposed amendments to the
regulations relating to user fees for
enrolled agents and enrolled retirement
plan agents. This document also
contains a notice of public hearing on
the proposed regulations. The proposed
regulations increase the renewal user fee
for enrolled retirement plan agents from
$67 to $140. In addition, the proposed
regulations increase both the enrollment
and renewal user fee for enrolled agents
from $67 to $140. The proposed
regulations affect individuals who are or
apply to become enrolled agents and
individuals who are enrolled retirement
plan agents. The Independent Offices
SUMMARY:
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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
Appropriation Act of 1952 authorizes
charging user fees.
DATES: Electronic or written comments
must be received by May 11, 2022. The
public hearing is being held by
teleconference on May 9, 2022 at 10
a.m. EST. Requests to speak and
outlines of topics to be discussed at the
public hearing must be received by May
2, 2022. If no outlines are received by
May 2, 2022, the public hearing will be
cancelled. Requests to attend the public
hearing must be received by 5 p.m. EST
on May 9, 2022. The telephonic hearing
will be made accessible to people with
disabilities. Requests for special
assistance during the telephonic hearing
must be received by May 6, 2022.
ADDRESSES: Commenters are strongly
encouraged to submit public comments
electronically. Submit electronic
submissions via the Federal
eRulemaking Portal at
www.regulations.gov (indicate IRS and
REG–114209–21). Once submitted to the
Federal eRulemaking Portal, comments
cannot be edited or withdrawn. The IRS
expects to have limited personnel
available to process comments that are
submitted on paper or through the mail.
Any comments submitted on paper will
be considered to the extent practicable.
The IRS will publish any comments
submitted electronically, and to the
extent practicable comments submitted
on paper, to the public docket. Send
submissions to: CC:PA:LPD:PR (REG–
114209–21), Room 5203, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044.
For those requesting to speak during
the hearing, send an outline of topic
submissions electronically via the
Federal eRulemaking Portal at
www.regulations.gov (indicate IRS and
REG–114209–21).
Individuals who want to testify (by
telephone) at the public hearing must
send an email to publichearings@irs.gov
to receive the telephone number and
access code for the hearing. The subject
line of the email must contain the
regulation number REG–114209–21 and
the word TESTIFY. For example, the
subject line may say: Request to
TESTIFY at Hearing for REG–114209–
21. The email should include a copy of
the speaker’s public comments and
outline of topics. Individuals who want
to attend (by telephone) the public
hearing must also send an email to
publichearings@irs.gov to receive the
telephone number and access code for
the hearing. The subject line of the
email must contain the regulation
number REG–114209–21 and the word
ATTEND. For example, the subject line
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may say: Request to ATTEND Hearing
for REG–114209–21. To request special
assistance during the telephonic
hearing, contact the Publications and
Regulations Branch of the Office of
Associate Chief Counsel (Procedure and
Administration) by sending an email to
publichearings@irs.gov (preferred) or by
telephone at (202) 317–5177 (not a tollfree number).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Mark Shurtliff at (202) 317–6845;
concerning cost methodology, Michael
A. Weber at (202) 803–9738; concerning
submission of comments, the public
hearing, and the access code to attend
the hearing by telephone, Regina
Johnson at (202) 317–5177 (not toll-free
numbers) or publichearings@IRS.gov.
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
This document contains proposed
amendments to 26 CFR part 300
regarding user fees.
A. Enrolled Agents and Enrolled
Retirement Plan Agents
Section 330 of Title 31 of the United
States Code authorizes the Secretary of
the Treasury to regulate the practice of
representatives before the Department of
the Treasury (Treasury Department) and
requires that an individual seeking to
practice demonstrate the necessary
qualifications, competency, and good
character, and reputation. The rules
governing practice before the IRS are
published in 31 CFR, Subtitle A, part
10, and reprinted as Treasury
Department Circular No. 230 (Circular
230).
Section 10.4(a) of Circular 230
authorizes the IRS to grant enrollment
as enrolled agents to individuals who
demonstrate special competence in tax
matters by passing a written
examination, the Enrolled Agent Special
Enrollment Examination (EA SEE), and
who have not engaged in any conduct
that would justify suspension or
disbarment under Circular 230.
Section 10.4(b) of Circular 230
authorizes the IRS to grant status as
enrolled retirement plan agents to
individuals who demonstrate special
competence in qualified retirement plan
matters by passing a written
examination, the Enrolled Retirement
Plan Agent Special Enrollment
Examination (ERPA SEE), and who have
not engaged in any conduct that would
justify suspension or disbarment under
Circular 230. The IRS stopped offering
the ERPA SEE as of February 12, 2016,
and no longer accepts applications for
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new enrollment as an enrolled
retirement plan agent. Individuals who
were already enrolled as enrolled
retirement plan agents may continue to
apply for renewal of their status.
Section 10.4(d) also authorizes the
IRS to grant enrollment as an enrolled
agent or an enrolled retirement plan
agent to a qualifying former IRS
employee by virtue of past IRS service
and technical experience if the former
employee has not engaged in any
conduct that would justify suspension
or disbarment under the provisions of
Circular 230 and meets certain other
requirements. Application for
enrollment as an enrolled agent based
on former employment with the IRS
must be made within three years from
the date of separation from that
employment and does not require
passing the EA–SEE. When the IRS
discontinued offering the ERPA–SEE
necessary for enrollment as an enrolled
retirement plan agent for individuals
without IRS work experience, effective
February 12, 2016, the IRS stopped
granting individuals enrollment as
enrolled retirement plan agents by
virtue of past service and technical
experience in the IRS.
Once eligible for enrollment as an
enrolled agent, whether by examination
or former employment with the IRS, an
individual must file an application for
enrollment with the IRS and currently
pay a $67 nonrefundable user fee. To
maintain active enrollment and practice
before the IRS, an individual who has
been enrolled as an enrolled agent or
enrolled retirement plan agent must file
an application to renew enrollment
every three years and currently pay a
$67 nonrefundable user fee. 31 CFR
10.6(d).
The IRS Return Preparer Office (RPO)
is responsible for certain matters related
to authority to practice before the IRS,
including acting on applications for
enrollment and renewal of enrolled
agents and for renewal of enrolled
retirement plan agents. 31 CFR 10.1. As
a condition for enrollment as an
enrolled agent, the RPO may conduct a
federal tax-compliance check to
determine whether an applicant has
filed all required tax returns and has no
outstanding federal tax debts and a
suitability check to determine whether
an applicant has engaged in any
conduct that would justify suspending
or disbarring any practitioner under
Circular 230. 31 CFR 10.5(d). As a
condition for renewal, enrolled agents
and enrolled retirement plan agents
must certify completion of the
continuing education requirements. 31
CFR 10.6(e).
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As part of its responsibility for
administering the enrollment and
renewal program, RPO determines
whether applicants have met the above
requirements. 31 CFR 10.6(j)(1). An
applicant who is denied enrollment as
an enrolled agent for failure to pass a
tax-compliance check may reapply if the
applicant becomes current with respect
to the applicant’s tax liabilities. 31 CFR
10.5(d)(2). Applicants who fail to meet
the continuing education and fee
payment requirements for renewal
receive from RPO a notice that states the
basis for RPO’s determination of
noncompliance and provides an
opportunity to cure the failure. 31 CFR
10.6(j)(1).
B. User Fee Authority
The Independent Offices
Appropriation Act of 1952 (IOAA) (31
U.S.C. 9701) authorizes each agency to
promulgate regulations establishing the
charge for services provided by the
agency. 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,
which are currently set forth in the
Office of Management and Budget
(OMB) Circular A–25 (OMB Circular),
58 FR 38142 (July 15, 1993).
Section 6a(1) of OMB Circular A–25
states that when a service offered by an
agency provides 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.
Section 8e of OMB Circular A–25
requires agencies to review user fees
biennially and update the fees as
necessary to reflect changes in the cost
of providing the underlying services.
During the biennial review, an agency
must calculate the full cost of providing
each service, taking into account all
direct and indirect costs to any part of
the U.S. government. Under section
6d(1) of OMB Circular A–25, the full
cost of providing a service includes, but
is not limited to, an appropriate share of
salaries, medical insurance and
retirement benefits, management costs,
and physical overhead and other
indirect costs, including rents, utilities,
and travel, associated with providing
the service.
An agency should set the user fee at
an amount that recovers the full cost of
providing the service unless the agency
requests, and the OMB grants, an
exception to the full-cost requirement.
Under section 6c(2) of OMB Circular A–
25, the OMB may grant exceptions when
the cost of collecting the fees would
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represent an unduly large part of the fee
for the activity or when any other
condition exists that, in the opinion of
the agency head, justifies an exception.
When the OMB grants an exception, the
agency does not collect the full cost of
providing the service and must fund the
remaining cost of providing the service
from other available funding sources.
Consequently, the agency subsidizes the
cost of the service to the recipients of
reduced-fee services even though the
service confers a special benefit on
those recipients who would otherwise
be required to pay the full cost of
receiving the benefit as provided for by
the IOAA and OMB Circular A–25.
C. Enrollment and Renewal User Fees
for the Enrolled Agent and Renewal
User Fee for the Enrolled Retirement
Plan Agent
As discussed in section A of this
preamble, an individual who has been
granted enrollment as an enrolled agent
or an enrolled retirement plan agent
may practice before the IRS. The IRS
confers benefits on individuals who are
enrolled agents or enrolled retirement
plan agents beyond those that accrue to
the general public by allowing them to
practice before the IRS. Because the
ability to practice before the IRS is a
special benefit, the IRS charges a user
fee to recover the full cost associated
with administering the program for
enrollment and renewal of enrolled
agents and renewal of enrolled
retirement plan agents. Final regulations
(TD 9858) published in the Federal
Register (84 FR 20801–01) on May 13,
2019, established the current $67 fee per
enrollment or renewal of enrollment. At
that time the Treasury Department and
the IRS determined that a $67 user fee
would recover the full direct and
indirect costs the government would
incur to administer the enrollment and
renewal program.
As required by the IOAA and the
OMB Circular, the RPO completed its
2021 biennial review of the enrollment
and renewal user fees associated with
enrolled agents and enrolled retirement
plan agents. As discussed in section D
of this preamble, during its review the
RPO took into account the increase in
labor, benefits, and overhead costs
incurred in connection with providing
services to individuals who enroll or
renew enrollment as enrolled agents and
enrolled retirement plan agents since
the user fee was last changed in 2019.
The increase took into account
additional staffing that allows RPO to
provide a higher quality of service to
individuals seeking to enroll or renew
enrollment. The RPO also took into
account a re-allocation of certain labor
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costs in their methodology. The RPO
determined that the full cost of
administering the program for enrolled
agents and enrolled retirement plan
agents has increased from $67 to $140
per application for enrollment or
renewal. The proposed fee complies
with the directive in the OMB Circular
to recover the full cost of providing a
service that confers special benefits on
identifiable recipients beyond those
accruing to the general public.
D. Calculation of User Fees Generally
The IRS follows generally accepted
accounting principles (GAAP) in
calculating the full cost of processing an
application for enrollment or renewal.
The Federal Accounting Standards
Advisory Board (FASAB) is the body
that establishes GAAP that apply for
federal reporting entities, such as the
IRS. FASAB publishes the FASAB
Handbook of Accounting Standards and
Other Pronouncements, as Amended
(Current Handbook), which is available
at https://files.fasab.gov/pdffiles/2017_
fasab_handbook.pdf. The Current
Handbook includes the Statement of
Federal Financial Accounting
Standards (SFFAS) No. 4: Managerial
Cost Accounting Concepts and
Standards for the Federal Government.
SFFAS No. 4 establishes internal costing
standards under GAAP to accurately
measure and manage the full cost of
federal programs, and the methodology
below is in accordance with SFFAS No.
4.
1. Cost Center Allocation
The IRS determines the cost of its
services and the activities involved in
producing them through a costaccounting system that tracks costs to
organizational units. The lowest
organizational unit in the IRS’s costaccounting system is called a cost
center. Cost centers are usually separate
offices that are distinguished by subjectmatter area of responsibility or
geographic region. All costs of operating
a cost center are recorded in the IRS’s
cost-accounting system and allocated to
that cost center. The costs allocated to
a cost center are the direct costs for the
cost center’s activities in addition to
allocated overhead. Some cost centers
work on different services across the IRS
and are not fully devoted to the services
for which the IRS charges user fees.
2. Cost Estimation of Direct Costs
The IRS uses various costmeasurement techniques to estimate the
cost attributable to administering the
program for enrollment and renewal of
enrolled agents and renewal of enrolled
retirement plan agents. These
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techniques include using various
timekeeping systems to measure the
time required to accomplish activities,
or using information provided by
subject-matter experts on the time
devoted to a service or activity. To
determine the labor and benefits costs
incurred to administer the enrollment
and renewal program, the IRS estimated
the number of full-time employees
required to conduct activities related to
administering the program. The number
of full-time employees is based on both
current employment numbers and
future hiring estimates. Direct costs are
incurred by the RPO and include direct
costs for enrollment and renewal
submission processing; tax compliance
and background checks; continuing
education and testing-related activities;
communications, which include a tollfree helpline; and other oversight and
support costs. Other direct costs
associated with administering the
program include travel, training and
supplies.
3. Overhead
When the indirect cost of a service or
activity is not specifically identified
from the cost accounting system, an
overhead rate is added to the
identifiable direct cost to arrive at full
cost. Overhead is an indirect cost of
operating an organization that cannot be
immediately associated with an activity.
Overhead includes costs of resources
that are jointly or commonly consumed
by one or more organizational unit’s
activities but are not specifically
identifiable to a single activity.
These costs can include:
• General management and
administrative services of sustaining
and supporting organizations.
• Facilities management and ground
maintenance services (security, rent,
utilities, and building maintenance).
• Procurement and contracting
services.
• Financial management and
accounting services.
• Information technology services.
• Services to acquire and operate
property, plants and equipment.
• Publication, reproduction, and
graphics and video services.
• Research, analytical, and statistical
services.
• Human resources/personnel
services.
• Library and legal services.
To calculate the overhead allocable to
a service, the IRS multiplies an
overhead rate by the labor and benefits
costs. The IRS calculates the overhead
rate annually based on cost elements
underlying the Statement of Net Cost
included in the IRS annual financial
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statements. The financial statements are
audited by the Government
Accountability Office. The overhead
rate is the ratio of the IRS’s indirect
costs divided by the direct costs of its
organizational units. Indirect costs are
labor, benefits, and non-labor costs
(excluding IT related to taxpayer
services, enforcement, and business
system modernization) from the
supporting and sustaining
organizational units. Direct costs are the
labor, benefits, and non-labor costs for
the IRS’s organizational units that
interact directly with taxpayers.
For this program user fee review, the
Fiscal Year (FY) 2021 rate of 58.83
percent was used. The rate was
calculated based on the FY 2020
Statement of Net Cost as follows:
Total Indirect
Costs ..................
Total Direct Costs
Overhead Rate ......
......
÷
......
$4,274,512,375
$7,265,460,800
58.83%
E. Calculation of User Fee for Enrolled
Agent Enrollment and Renewal and
Enrolled Retirement Plan Agent
Renewal
1. Cost Estimate
The IRS projected the estimated costs
of direct labor and benefits based on the
actual salary and benefits of employees
who administer the enrollment and
renewal program, reduced to reflect the
percentage of time each individual
spends administering the program.
RPO’s managers estimated the
percentage of time these employees
devote to administering the program
based on their knowledge of actual
program assignments. Fourteen
employees work full-time on
administering enrollment and renewal
program-related activities. Additional
staffing costs include oversight and
support associated with these functions.
The baseline for the labor and benefits
was the actual salary and benefits for FY
2021. From this baseline, the IRS
estimated the direct labor and benefits
costs over the next three years using an
inflation factor for FYs 2022, 2023, and
2024. The IRS used a three-year
projection because the increase in future
labor and benefits costs are reliably
predictable representations of the actual
costs that will be incurred by the RPO.
These estimated labor and benefits costs
were then reduced to reflect the
percentage of time each individual
devoted to the program and are set out
in the following table:
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Year
Estimated
direct labor
and benefit
costs
2022 ......................................
2023 ......................................
2024 ......................................
$2,115,293.00
2,173,464.00
2,233,234.00
Total ...............................
6,521,991.00
The IRS estimated $15,000 in
additional direct costs for each year for
travel, training, and supplies.
The total estimated direct costs for the
three years is $6,566,991. After
estimating the total direct costs, the IRS
applied the FY 2021 overhead rate of
58.83 percent to the estimated direct
costs to calculate indirect costs of
$3,863,360, for a total cost for the threeyear period of $10,430,351.
The calculation of the total costs of
the program for 2022 through 2024 is
below:
Direct Costs ...........................
Overhead at 58.83% .............
Total Program Costs ..........
......
+
......
$6,566,991
3,863,360
10,430,351
2. Volume of Applications
The number of enrollments and
renewals processed during FYs 2018,
2019, and 2020 were 22,703; 29,350;
and 22,367, respectively. The total
number for the three years was 74,420.
The IRS used this historical three-year
volume to estimate the number of
applications it expects to process in FYs
2022, 2023, and 2024.
3. Unit Cost Per Application
To arrive at the total cost per
application, the IRS divided the
estimated three-year total of program
costs by the total volume of applications
expected over the same three-year
period to determine a unit cost per
application of $140, as shown below:
Total Program Cost ...............
Volume ..................................
Unit Cost ...............................
......
÷
......
$10,430,351
74,420
140
Special Analyses
Regulatory Planning and Review
This regulation is not significant and
is not subject to review under section
6(b) of Executive Order 12866 pursuant
to the Memorandum of Agreement
(April 11, 2018) between the Treasury
Department and the Office of
Management and Budget regarding
review of tax regulations.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. chapter 6), it is hereby
certified that this regulation will not
have a significant economic impact on
a substantial number of small entities.
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Only individuals, not businesses, can be
enrolled agents or enrolled retirement
plan agents. Accordingly, the user fee
primarily affects individuals who are
enrolled agents, apply to become
enrolled agents, or are enrolled
retirement plan agents. The Treasury
Department and the IRS estimate that
approximately 24,807 individuals will
apply annually for enrollment as an
enrolled agent, renewal as an enrolled
agent, or renewal as an enrolled
retirement plan agent.
Since individuals are not ‘‘small
entities’’ for purposes of the Regulatory
Flexibility Act, any economic impact of
the user fee on small entities generally
will occur only when an enrolled agent
or enrolled retirement plan agent owns
a small business or when a small
business employs enrolled agents or
enrolled retirement plan agents and
reimburses them for their renewal fees.
Therefore, a substantial number of small
entities is not likely to be affected.
Further, the economic impact on any
small entities affected would be limited
to paying the $73 difference in cost
between the $140 user fee and the
previous $67 user fee (for each enrolled
agent or enrolled retirement plan agent
that a small entity employs and pays
for), which is unlikely to present a
significant economic impact. The total
economic impact of this regulation is
thus approximately $1,810,911
annually, which is the product of the
approximately 24,807 individuals and
the $73 increase in the fee. Accordingly,
the rule is not expected to have a
significant economic impact on a
substantial number of small entities,
and a regulatory flexibility analysis is
not required.
Pursuant to section 7805(f), this
notice of proposed rulemaking has been
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
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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
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.
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18:06 Feb 28, 2022
Jkt 256001
IV. Executive Order 13132: Federalism
Executive Order 13132 (entitled
‘‘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 proposed 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.
Comments and Public Hearing
Before these proposed amendments to
the regulations are adopted as final
regulations, consideration will be given
to any comments that are submitted
timely to the IRS as prescribed in the
preamble under the ADDRESSES section.
The Treasury Department and the IRS
request comments on all aspects of the
proposed regulations. Any electronic
comments submitted, and to the extent
practicable, any paper comments
submitted, will be made available at
www.regulations.gov or upon request.
A public hearing is being held by
teleconference on May 11, 2022,
beginning at 10 a.m. EST unless no
outlines are received by May 2, 2022.
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
to comment by telephone at the hearing
must submit written or electronic
comments and an outline of the topics
to be discussed and the time to be
devoted to each topic by May 2, 2022 as
prescribed in the preamble under the
ADDRESSES section.
A period of 10 minutes will be
allocated to each person for making
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available at
www.regulations.gov, search IRS and
REG–114209–21. Copies of the agenda
will also be available by emailing a
request to publichearings@irs.gov.
Please put ‘‘REG–114209–21 Agenda
Request’’ in the subject line of the email.
Announcement 2020–4, 2020–17
I.R.B. 667 (April 20, 2020), provides that
until further notice, public hearings
conducted by the IRS will be held
telephonically. Any telephonic hearing
will be made accessible to people with
disabilities.
Drafting Information
The principal author of these
regulations is Mark Shurtliff, Office of
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
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, User fees.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 300 is
proposed to be amended 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 300.5 is amended by
revising paragraphs (b) and (d) to read
as follows:
■
§ 300.5
Enrollment of enrolled agent fee.
*
*
*
*
*
(b) Fee. The fee for initially enrolling
as an enrolled agent with the IRS is
$140.
*
*
*
*
*
(d) Applicability date. This section is
applicable beginning [the date that is 30
days after these regulations are
published as final regulations in the
Federal Register].
■ Par. 3. Section 300.6 is amended by
revising paragraphs (b) and (d) to read
as follows:
§ 300.6 Renewal of enrollment of enrolled
agent fee.
*
*
*
*
*
(b) Fee. The fee for renewal of
enrollment as an enrolled agent with the
IRS is $140.
*
*
*
*
*
(d) Applicability date. This section is
applicable beginning [the date that is 30
days after these regulations are
published as final regulations in the
Federal Register].
■ Par. 4. Section 300.10 is amended by
revising paragraphs (b) and (d) to read
as follows:
§ 300.10 Renewal of enrollment of enrolled
retirement plan agent fee.
*
*
*
*
*
(b) Fee. The fee for renewal of
enrollment as an enrolled retirement
plan agent with the IRS is $140.
*
*
*
*
*
(d) Applicability date. This section is
applicable beginning [the date that is 30
days after these regulations are
E:\FR\FM\01MRP1.SGM
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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
published as final regulations in the
Federal Register].
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
II. Background, Purpose, and Legal
Basis
[FR Doc. 2022–04303 Filed 2–25–22; 11:15 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0026]
RIN 1625–AA00
Safety Zone; Lady Liberty Sharkfest
Swim, Upper New York Harbor, Liberty
Island, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
navigable waters of Upper New York
Bay, in the vicinity of Liberty Island,
within a 100-yard radius of each
swimmer during the Lady Liberty
Sharkfest Swim on July 16, 2022. The
safety zone is needed to protect the
maritime public and event participants
from the hazards associated with swim
events taking place in a high vessel
traffic area. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port New York or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 31, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0026 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email MST1 L.
Gutierrez, Waterways Management
Division, U.S. Coast Guard, telephone
718–354–4352, email D01-SMB-SecNYWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
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FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port New York
VerDate Sep<11>2014
18:06 Feb 28, 2022
Jkt 256001
The Enviro-Sports Productions Inc.
notified the Coast Guard that it will be
conducting the Lady Liberty Sharkfest
Swim on July 16, 2022, from 7:30 a.m.
to 8:30 a.m. with approximately 200
participants and several support vessels.
Participants will swim between Liberty
Island, New York and Morris Canal,
New Jersey. The Captain of the Port
New York (COTP) has determined that
swimming events in close proximity to
marine traffic pose significant risk to
public safety and property. The
combination of increased numbers of
recreation vessels, congested waterways,
and large numbers of swimmers in the
water has the potential to result in
serious injuries or fatalities. In order to
protect the safety of all waterway users
including event participants and
spectators, this proposed rule would
establish temporary safety zones for the
duration of the swim event.
This rule would prevent vessels from
entering into, transiting through,
mooring or anchoring within a 100-yard
radius of each participating swimmer
during the period of enforcement unless
authorized by the COTP, or the
designated representative.
The purpose of this rulemaking is to
ensure the safety of vessels, event
participants and the navigable waters
within a 100 yard radius of swimmers
until the conclusion of the scheduled
swim event. The Coast Guard proposes
this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
The Coast Guard is proposing to
establish a temporary safety zone within
100 yards of each participants for the
swim event on the navigable waters of
the Upper New York Bay located
between Liberty Island, New York and
Morris Canal, New Jersey. A portion of
the navigable waters will be closed
during the effective period to all vessel
traffic except patrol crafts. The swim
event will occur from approximately
7:30 a.m. until approximately 8:30 a.m.
on July 16, 2022. In order to coordinate
the safe movement of vessels within the
area and to ensure that the area is clear
of unauthorized persons and vessels
before, during, and immediately after
the swim event, this zone will be
effective from approximately 7 a.m.
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
11371
until approximately 10 a.m. on July 16,
2022.
Vessels will still be able to transit the
surrounding area and may be authorized
to transit through the proposed safety
zone with the permission from the
COTP or the designated representative.
The COTP does not anticipate any
negative impact on vessel traffic due to
this proposed safety zone. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This proposed rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, this proposed rule has not
been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone. The
Coast Guard’s enforcement of this
proposed safety zone will be of short
duration, lasting only 3 hours. The
proposed safety zone will restrict access
to only a small portion of the navigable
waterways of the Upper New York Bay.
Vessels will be able to navigate around
the proposed safety zone. Furthermore,
vessels may be authorized to transit
through the proposed safety zone with
the permission of the COTP. The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the proposed
rule allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
E:\FR\FM\01MRP1.SGM
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Agencies
[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Proposed Rules]
[Pages 11366-11371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04303]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 300
[REG-114209-21]
RIN 1545-BQ17
User Fees Relating to Enrolled Agents and Enrolled Retirement
Plan Agents
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking and notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: This document contains proposed amendments to the regulations
relating to user fees for enrolled agents and enrolled retirement plan
agents. This document also contains a notice of public hearing on the
proposed regulations. The proposed regulations increase the renewal
user fee for enrolled retirement plan agents from $67 to $140. In
addition, the proposed regulations increase both the enrollment and
renewal user fee for enrolled agents from $67 to $140. The proposed
regulations affect individuals who are or apply to become enrolled
agents and individuals who are enrolled retirement plan agents. The
Independent Offices
[[Page 11367]]
Appropriation Act of 1952 authorizes charging user fees.
DATES: Electronic or written comments must be received by May 11, 2022.
The public hearing is being held by teleconference on May 9, 2022 at 10
a.m. EST. Requests to speak and outlines of topics to be discussed at
the public hearing must be received by May 2, 2022. If no outlines are
received by May 2, 2022, the public hearing will be cancelled. Requests
to attend the public hearing must be received by 5 p.m. EST on May 9,
2022. The telephonic hearing will be made accessible to people with
disabilities. Requests for special assistance during the telephonic
hearing must be received by May 6, 2022.
ADDRESSES: Commenters are strongly encouraged to submit public comments
electronically. Submit electronic submissions via the Federal
eRulemaking Portal at www.regulations.gov (indicate IRS and REG-114209-
21). Once submitted to the Federal eRulemaking Portal, comments cannot
be edited or withdrawn. The IRS expects to have limited personnel
available to process comments that are submitted on paper or through
the mail. Any comments submitted on paper will be considered to the
extent practicable. The IRS will publish any comments submitted
electronically, and to the extent practicable comments submitted on
paper, to the public docket. Send submissions to: CC:PA:LPD:PR (REG-
114209-21), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC 20044.
For those requesting to speak during the hearing, send an outline
of topic submissions electronically via the Federal eRulemaking Portal
at www.regulations.gov (indicate IRS and REG-114209-21).
Individuals who want to testify (by telephone) at the public
hearing must send an email to [email protected] to receive the
telephone number and access code for the hearing. The subject line of
the email must contain the regulation number REG-114209-21 and the word
TESTIFY. For example, the subject line may say: Request to TESTIFY at
Hearing for REG-114209-21. The email should include a copy of the
speaker's public comments and outline of topics. Individuals who want
to attend (by telephone) the public hearing must also send an email to
[email protected] to receive the telephone number and access code
for the hearing. The subject line of the email must contain the
regulation number REG-114209-21 and the word ATTEND. For example, the
subject line may say: Request to ATTEND Hearing for REG-114209-21. To
request special assistance during the telephonic hearing, contact the
Publications and Regulations Branch of the Office of Associate Chief
Counsel (Procedure and Administration) by sending an email to
[email protected] (preferred) or by telephone at (202) 317-5177
(not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Mark Shurtliff at (202) 317-6845; concerning cost methodology, Michael
A. Weber at (202) 803-9738; concerning submission of comments, the
public hearing, and the access code to attend the hearing by telephone,
Regina Johnson at (202) 317-5177 (not toll-free numbers) or
[email protected]
SUPPLEMENTARY INFORMATION:
Background and Explanation of Provisions
This document contains proposed amendments to 26 CFR part 300
regarding user fees.
A. Enrolled Agents and Enrolled Retirement Plan Agents
Section 330 of Title 31 of the United States Code authorizes the
Secretary of the Treasury to regulate the practice of representatives
before the Department of the Treasury (Treasury Department) and
requires that an individual seeking to practice demonstrate the
necessary qualifications, competency, and good character, and
reputation. The rules governing practice before the IRS are published
in 31 CFR, Subtitle A, part 10, and reprinted as Treasury Department
Circular No. 230 (Circular 230).
Section 10.4(a) of Circular 230 authorizes the IRS to grant
enrollment as enrolled agents to individuals who demonstrate special
competence in tax matters by passing a written examination, the
Enrolled Agent Special Enrollment Examination (EA SEE), and who have
not engaged in any conduct that would justify suspension or disbarment
under Circular 230.
Section 10.4(b) of Circular 230 authorizes the IRS to grant status
as enrolled retirement plan agents to individuals who demonstrate
special competence in qualified retirement plan matters by passing a
written examination, the Enrolled Retirement Plan Agent Special
Enrollment Examination (ERPA SEE), and who have not engaged in any
conduct that would justify suspension or disbarment under Circular 230.
The IRS stopped offering the ERPA SEE as of February 12, 2016, and no
longer accepts applications for new enrollment as an enrolled
retirement plan agent. Individuals who were already enrolled as
enrolled retirement plan agents may continue to apply for renewal of
their status.
Section 10.4(d) also authorizes the IRS to grant enrollment as an
enrolled agent or an enrolled retirement plan agent to a qualifying
former IRS employee by virtue of past IRS service and technical
experience if the former employee has not engaged in any conduct that
would justify suspension or disbarment under the provisions of Circular
230 and meets certain other requirements. Application for enrollment as
an enrolled agent based on former employment with the IRS must be made
within three years from the date of separation from that employment and
does not require passing the EA-SEE. When the IRS discontinued offering
the ERPA-SEE necessary for enrollment as an enrolled retirement plan
agent for individuals without IRS work experience, effective February
12, 2016, the IRS stopped granting individuals enrollment as enrolled
retirement plan agents by virtue of past service and technical
experience in the IRS.
Once eligible for enrollment as an enrolled agent, whether by
examination or former employment with the IRS, an individual must file
an application for enrollment with the IRS and currently pay a $67
nonrefundable user fee. To maintain active enrollment and practice
before the IRS, an individual who has been enrolled as an enrolled
agent or enrolled retirement plan agent must file an application to
renew enrollment every three years and currently pay a $67
nonrefundable user fee. 31 CFR 10.6(d).
The IRS Return Preparer Office (RPO) is responsible for certain
matters related to authority to practice before the IRS, including
acting on applications for enrollment and renewal of enrolled agents
and for renewal of enrolled retirement plan agents. 31 CFR 10.1. As a
condition for enrollment as an enrolled agent, the RPO may conduct a
federal tax-compliance check to determine whether an applicant has
filed all required tax returns and has no outstanding federal tax debts
and a suitability check to determine whether an applicant has engaged
in any conduct that would justify suspending or disbarring any
practitioner under Circular 230. 31 CFR 10.5(d). As a condition for
renewal, enrolled agents and enrolled retirement plan agents must
certify completion of the continuing education requirements. 31 CFR
10.6(e).
[[Page 11368]]
As part of its responsibility for administering the enrollment and
renewal program, RPO determines whether applicants have met the above
requirements. 31 CFR 10.6(j)(1). An applicant who is denied enrollment
as an enrolled agent for failure to pass a tax-compliance check may
reapply if the applicant becomes current with respect to the
applicant's tax liabilities. 31 CFR 10.5(d)(2). Applicants who fail to
meet the continuing education and fee payment requirements for renewal
receive from RPO a notice that states the basis for RPO's determination
of noncompliance and provides an opportunity to cure the failure. 31
CFR 10.6(j)(1).
B. User Fee Authority
The Independent Offices Appropriation Act of 1952 (IOAA) (31 U.S.C.
9701) authorizes each agency to promulgate regulations establishing the
charge for services provided by the agency. 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, which
are currently set forth in the Office of Management and Budget (OMB)
Circular A-25 (OMB Circular), 58 FR 38142 (July 15, 1993).
Section 6a(1) of OMB Circular A-25 states that when a service
offered by an agency provides 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.
Section 8e of OMB Circular A-25 requires agencies to review user fees
biennially and update the fees as necessary to reflect changes in the
cost of providing the underlying services. During the biennial review,
an agency must calculate the full cost of providing each service,
taking into account all direct and indirect costs to any part of the
U.S. government. Under section 6d(1) of OMB Circular A-25, the full
cost of providing a service includes, but is not limited to, an
appropriate share of salaries, medical insurance and retirement
benefits, management costs, and physical overhead and other indirect
costs, including rents, utilities, and travel, associated with
providing the service.
An agency should set the user fee at an amount that recovers the
full cost of providing the service unless the agency requests, and the
OMB grants, an exception to the full-cost requirement. Under section
6c(2) of OMB Circular A-25, the OMB may grant exceptions when the cost
of collecting the fees would represent an unduly large part of the fee
for the activity or when any other condition exists that, in the
opinion of the agency head, justifies an exception. When the OMB grants
an exception, the agency does not collect the full cost of providing
the service and must fund the remaining cost of providing the service
from other available funding sources. Consequently, the agency
subsidizes the cost of the service to the recipients of reduced-fee
services even though the service confers a special benefit on those
recipients who would otherwise be required to pay the full cost of
receiving the benefit as provided for by the IOAA and OMB Circular A-
25.
C. Enrollment and Renewal User Fees for the Enrolled Agent and Renewal
User Fee for the Enrolled Retirement Plan Agent
As discussed in section A of this preamble, an individual who has
been granted enrollment as an enrolled agent or an enrolled retirement
plan agent may practice before the IRS. The IRS confers benefits on
individuals who are enrolled agents or enrolled retirement plan agents
beyond those that accrue to the general public by allowing them to
practice before the IRS. Because the ability to practice before the IRS
is a special benefit, the IRS charges a user fee to recover the full
cost associated with administering the program for enrollment and
renewal of enrolled agents and renewal of enrolled retirement plan
agents. Final regulations (TD 9858) published in the Federal Register
(84 FR 20801-01) on May 13, 2019, established the current $67 fee per
enrollment or renewal of enrollment. At that time the Treasury
Department and the IRS determined that a $67 user fee would recover the
full direct and indirect costs the government would incur to administer
the enrollment and renewal program.
As required by the IOAA and the OMB Circular, the RPO completed its
2021 biennial review of the enrollment and renewal user fees associated
with enrolled agents and enrolled retirement plan agents. As discussed
in section D of this preamble, during its review the RPO took into
account the increase in labor, benefits, and overhead costs incurred in
connection with providing services to individuals who enroll or renew
enrollment as enrolled agents and enrolled retirement plan agents since
the user fee was last changed in 2019. The increase took into account
additional staffing that allows RPO to provide a higher quality of
service to individuals seeking to enroll or renew enrollment. The RPO
also took into account a re-allocation of certain labor costs in their
methodology. The RPO determined that the full cost of administering the
program for enrolled agents and enrolled retirement plan agents has
increased from $67 to $140 per application for enrollment or renewal.
The proposed fee complies with the directive in the OMB Circular to
recover the full cost of providing a service that confers special
benefits on identifiable recipients beyond those accruing to the
general public.
D. Calculation of User Fees Generally
The IRS follows generally accepted accounting principles (GAAP) in
calculating the full cost of processing an application for enrollment
or renewal. The Federal Accounting Standards Advisory Board (FASAB) is
the body that establishes GAAP that apply for federal reporting
entities, such as the IRS. FASAB publishes the FASAB Handbook of
Accounting Standards and Other Pronouncements, as Amended (Current
Handbook), which is available at https://files.fasab.gov/pdffiles/2017_fasab_handbook.pdf. The Current Handbook includes the Statement of
Federal Financial Accounting Standards (SFFAS) No. 4: Managerial Cost
Accounting Concepts and Standards for the Federal Government. SFFAS No.
4 establishes internal costing standards under GAAP to accurately
measure and manage the full cost of federal programs, and the
methodology below is in accordance with SFFAS No. 4.
1. Cost Center Allocation
The IRS determines the cost of its services and the activities
involved in producing them through a cost-accounting system that tracks
costs to organizational units. The lowest organizational unit in the
IRS's cost-accounting system is called a cost center. Cost centers are
usually separate offices that are distinguished by subject-matter area
of responsibility or geographic region. All costs of operating a cost
center are recorded in the IRS's cost-accounting system and allocated
to that cost center. The costs allocated to a cost center are the
direct costs for the cost center's activities in addition to allocated
overhead. Some cost centers work on different services across the IRS
and are not fully devoted to the services for which the IRS charges
user fees.
2. Cost Estimation of Direct Costs
The IRS uses various cost-measurement techniques to estimate the
cost attributable to administering the program for enrollment and
renewal of enrolled agents and renewal of enrolled retirement plan
agents. These
[[Page 11369]]
techniques include using various timekeeping systems to measure the
time required to accomplish activities, or using information provided
by subject-matter experts on the time devoted to a service or activity.
To determine the labor and benefits costs incurred to administer the
enrollment and renewal program, the IRS estimated the number of full-
time employees required to conduct activities related to administering
the program. The number of full-time employees is based on both current
employment numbers and future hiring estimates. Direct costs are
incurred by the RPO and include direct costs for enrollment and renewal
submission processing; tax compliance and background checks; continuing
education and testing-related activities; communications, which include
a toll-free helpline; and other oversight and support costs. Other
direct costs associated with administering the program include travel,
training and supplies.
3. Overhead
When the indirect cost of a service or activity is not specifically
identified from the cost accounting system, an overhead rate is added
to the identifiable direct cost to arrive at full cost. Overhead is an
indirect cost of operating an organization that cannot be immediately
associated with an activity. Overhead includes costs of resources that
are jointly or commonly consumed by one or more organizational unit's
activities but are not specifically identifiable to a single activity.
These costs can include:
General management and administrative services of
sustaining and supporting organizations.
Facilities management and ground maintenance services
(security, rent, utilities, and building maintenance).
Procurement and contracting services.
Financial management and accounting services.
Information technology services.
Services to acquire and operate property, plants and
equipment.
Publication, reproduction, and graphics and video
services.
Research, analytical, and statistical services.
Human resources/personnel services.
Library and legal services.
To calculate the overhead allocable to a service, the IRS
multiplies an overhead rate by the labor and benefits costs. The IRS
calculates the overhead rate annually based on cost elements underlying
the Statement of Net Cost included in the IRS annual financial
statements. The financial statements are audited by the Government
Accountability Office. The overhead rate is the ratio of the IRS's
indirect costs divided by the direct costs of its organizational units.
Indirect costs are labor, benefits, and non-labor costs (excluding IT
related to taxpayer services, enforcement, and business system
modernization) from the supporting and sustaining organizational units.
Direct costs are the labor, benefits, and non-labor costs for the IRS's
organizational units that interact directly with taxpayers.
For this program user fee review, the Fiscal Year (FY) 2021 rate of
58.83 percent was used. The rate was calculated based on the FY 2020
Statement of Net Cost as follows:
Total Indirect Costs...................... ... $4,274,512,375
Total Direct Costs........................ / $7,265,460,800
Overhead Rate............................. ... 58.83%
E. Calculation of User Fee for Enrolled Agent Enrollment and Renewal
and Enrolled Retirement Plan Agent Renewal
1. Cost Estimate
The IRS projected the estimated costs of direct labor and benefits
based on the actual salary and benefits of employees who administer the
enrollment and renewal program, reduced to reflect the percentage of
time each individual spends administering the program. RPO's managers
estimated the percentage of time these employees devote to
administering the program based on their knowledge of actual program
assignments. Fourteen employees work full-time on administering
enrollment and renewal program-related activities. Additional staffing
costs include oversight and support associated with these functions.
The baseline for the labor and benefits was the actual salary and
benefits for FY 2021. From this baseline, the IRS estimated the direct
labor and benefits costs over the next three years using an inflation
factor for FYs 2022, 2023, and 2024. The IRS used a three-year
projection because the increase in future labor and benefits costs are
reliably predictable representations of the actual costs that will be
incurred by the RPO. These estimated labor and benefits costs were then
reduced to reflect the percentage of time each individual devoted to
the program and are set out in the following table:
------------------------------------------------------------------------
Estimated
direct labor
Year and benefit
costs
------------------------------------------------------------------------
2022.................................................... $2,115,293.00
2023.................................................... 2,173,464.00
2024.................................................... 2,233,234.00
---------------
Total............................................... 6,521,991.00
------------------------------------------------------------------------
The IRS estimated $15,000 in additional direct costs for each year
for travel, training, and supplies.
The total estimated direct costs for the three years is $6,566,991.
After estimating the total direct costs, the IRS applied the FY 2021
overhead rate of 58.83 percent to the estimated direct costs to
calculate indirect costs of $3,863,360, for a total cost for the three-
year period of $10,430,351.
The calculation of the total costs of the program for 2022 through
2024 is below:
Direct Costs....................................... ... $6,566,991
Overhead at 58.83%................................. + 3,863,360
Total Program Costs.............................. ... 10,430,351
2. Volume of Applications
The number of enrollments and renewals processed during FYs 2018,
2019, and 2020 were 22,703; 29,350; and 22,367, respectively. The total
number for the three years was 74,420. The IRS used this historical
three-year volume to estimate the number of applications it expects to
process in FYs 2022, 2023, and 2024.
3. Unit Cost Per Application
To arrive at the total cost per application, the IRS divided the
estimated three-year total of program costs by the total volume of
applications expected over the same three-year period to determine a
unit cost per application of $140, as shown below:
Total Program Cost................................. ... $10,430,351
Volume............................................. / 74,420
Unit Cost.......................................... ... 140
Special Analyses
Regulatory Planning and Review
This regulation is not significant and is not subject to review
under section 6(b) of Executive Order 12866 pursuant to the Memorandum
of Agreement (April 11, 2018) between the Treasury Department and the
Office of Management and Budget regarding review of tax regulations.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), it
is hereby certified that this regulation will not have a significant
economic impact on a substantial number of small entities.
[[Page 11370]]
Only individuals, not businesses, can be enrolled agents or enrolled
retirement plan agents. Accordingly, the user fee primarily affects
individuals who are enrolled agents, apply to become enrolled agents,
or are enrolled retirement plan agents. The Treasury Department and the
IRS estimate that approximately 24,807 individuals will apply annually
for enrollment as an enrolled agent, renewal as an enrolled agent, or
renewal as an enrolled retirement plan agent.
Since individuals are not ``small entities'' for purposes of the
Regulatory Flexibility Act, any economic impact of the user fee on
small entities generally will occur only when an enrolled agent or
enrolled retirement plan agent owns a small business or when a small
business employs enrolled agents or enrolled retirement plan agents and
reimburses them for their renewal fees. Therefore, a substantial number
of small entities is not likely to be affected. Further, the economic
impact on any small entities affected would be limited to paying the
$73 difference in cost between the $140 user fee and the previous $67
user fee (for each enrolled agent or enrolled retirement plan agent
that a small entity employs and pays for), which is unlikely to present
a significant economic impact. The total economic impact of this
regulation is thus approximately $1,810,911 annually, which is the
product of the approximately 24,807 individuals and the $73 increase in
the fee. Accordingly, the rule is not expected to have a significant
economic impact on a substantial number of small entities, and a
regulatory flexibility analysis is not required.
Pursuant to section 7805(f), this notice of proposed rulemaking has
been submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on its impact on small business.
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 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 (entitled ``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 proposed 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.
Comments and Public Hearing
Before these proposed amendments to the regulations are adopted as
final regulations, consideration will be given to any comments that are
submitted timely to the IRS as prescribed in the preamble under the
ADDRESSES section. The Treasury Department and the IRS request comments
on all aspects of the proposed regulations. Any electronic comments
submitted, and to the extent practicable, any paper comments submitted,
will be made available at www.regulations.gov or upon request.
A public hearing is being held by teleconference on May 11, 2022,
beginning at 10 a.m. EST unless no outlines are received by May 2,
2022.
The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who
wish to comment by telephone at the hearing must submit written or
electronic comments and an outline of the topics to be discussed and
the time to be devoted to each topic by May 2, 2022 as prescribed in
the preamble under the ADDRESSES section.
A period of 10 minutes will be allocated to each person for making
comments. After the deadline for receiving outlines has passed, the IRS
will prepare an agenda containing the schedule of speakers. Copies of
the agenda will be made available at www.regulations.gov, search IRS
and REG-114209-21. Copies of the agenda will also be available by
emailing a request to [email protected]. Please put ``REG-114209-
21 Agenda Request'' in the subject line of the email.
Announcement 2020-4, 2020-17 I.R.B. 667 (April 20, 2020), provides
that until further notice, public hearings conducted by the IRS will be
held telephonically. Any telephonic hearing will be made accessible to
people with disabilities.
Drafting Information
The principal author of these regulations is Mark Shurtliff, 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, User fees.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 300 is proposed to be amended as follows:
PART 300--USER FEES
0
Paragraph. 1. The authority citation for part 300 continues to read as
follows:
Authority: 31 U.S.C. 9701.
0
Par. 2. Section 300.5 is amended by revising paragraphs (b) and (d) to
read as follows:
Sec. 300.5 Enrollment of enrolled agent fee.
* * * * *
(b) Fee. The fee for initially enrolling as an enrolled agent with
the IRS is $140.
* * * * *
(d) Applicability date. This section is applicable beginning [the
date that is 30 days after these regulations are published as final
regulations in the Federal Register].
0
Par. 3. Section 300.6 is amended by revising paragraphs (b) and (d) to
read as follows:
Sec. 300.6 Renewal of enrollment of enrolled agent fee.
* * * * *
(b) Fee. The fee for renewal of enrollment as an enrolled agent
with the IRS is $140.
* * * * *
(d) Applicability date. This section is applicable beginning [the
date that is 30 days after these regulations are published as final
regulations in the Federal Register].
0
Par. 4. Section 300.10 is amended by revising paragraphs (b) and (d) to
read as follows:
Sec. 300.10 Renewal of enrollment of enrolled retirement plan agent
fee.
* * * * *
(b) Fee. The fee for renewal of enrollment as an enrolled
retirement plan agent with the IRS is $140.
* * * * *
(d) Applicability date. This section is applicable beginning [the
date that is 30 days after these regulations are
[[Page 11371]]
published as final regulations in the Federal Register].
Douglas W. O'Donnell,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2022-04303 Filed 2-25-22; 11:15 am]
BILLING CODE 4830-01-P