Income Taxes, 17951 [2022-06668]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Rules and Regulations
prior to March 28, 2016 and at all times
thereafter.
[FR Doc. 2022–06669 Filed 3–28–22; 8:45 am]
BILLING CODE 0099–10–D
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Income Taxes
CFR Correction
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
■ In Title 26 of the Code of Federal
Regulations, Part 1 (§§ 1.301 to 1.400),
revised as of April 1, 2021, in § 1.358–
6, revise paragraph (f)(1) and revise the
first sentence of paragraph (f)(3) to read
as follows:
§ 1.358–6 Stock basis in certain triangular
reorganizations.
*
*
*
*
*
(f) * * *
(1) General rule. Except as otherwise
provided in this paragraph (f), this
section applies to triangular
reorganizations occurring on or after
December 23, 1994.
*
*
*
*
*
(3) Triangular G reorganization and
special rule for triangular
reorganizations involving members of a
consolidated group. Paragraph (e)(1) of
this section shall apply to triangular
reorganizations occurring on or after
September 17, 2008. * * *
*
*
*
*
*
[FR Doc. 2022–06668 Filed 3–28–22; 8:45 am]
BILLING CODE 0099–10–D
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Information Security Oversight Office
32 CFR Part 2001
[FDMS No. NARA–22–0002; NARA–2022–
021]
lotter on DSK11XQN23PROD with RULES1
RIN 3095–AC06
Classified National Security
Information
Information Security Oversight
Office (ISOO), National Archives and
Records Administration (NARA).
ACTION: Direct final rule.
AGENCY:
VerDate Sep<11>2014
16:11 Mar 28, 2022
Jkt 256001
We are revising our Classified
National Security Information
regulation to permit digital signatures
that meet certain requirements on the
Standard Form (SF) 312, which is the
non-disclosure agreement required prior
to accessing classified information. Due
to agency needs during the COVID–19
pandemic and remote work situations,
combined with developments in digital
signatures since a regulatory prohibition
on electronic signatures was
implemented in 2010, it is both urgent
and appropriate to make this
administrative change at this time.
DATES: This rule is effective on May 9,
2022, unless we receive adverse
comments by April 28, 2022 that
warrant revising or rescinding this
rulemaking.
SUMMARY:
You may submit comments,
identified by RIN 3095–AC06, by the
following method:
• Federal eRulemaking Portal:
https://www.regulations.gov. Search for
RIN 3095–AC06 and follow the site’s
instructions for submitting comments.
We may publish any comments we
receive without changes, including any
personal information you include.
During the COVID–19 pandemic and
remote work situation we cannot accept
comments my mail or delivery because
we do not have staff in the office.
FOR FURTHER INFORMATION CONTACT:
Kimberly Keravuori, Regulatory and
External Policy Program Manager, by
email at regulation_comments@
nara.gov, or by telephone at
301.837.3151.
ADDRESSES:
These
regulations were last revised in 2010. At
that time, these regulations included a
prohibition against signing the Standard
Form (SF) 312 electronically, due to
concerns about integrity and legal
enforceability of any form of electronic
signature (e-signature) at the time. In the
decade-plus since then, encryption and
other measures for e-signatures have
advanced and they are now regularly
encouraged or required and deemed
legally enforceable. In addition, Federal
agencies are required to digitize services
and forms and accelerate the use of esignatures as much as possible (see, e.g.,
2018 21st Century Integrated Digital
Experience Act (21st Century IDEA), 44
U.S.C. 3501 note).
Since the COVID–19 pandemic began
in March 2020, numerous Federal
agencies have had to engage in remote
work to varying degrees and have had
difficulty bringing new workers onboard
who require access to classified
information, due to the requirement for
handwritten signatures on the SF 312. It
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
17951
has been placing employees at risk of
spreading the virus, as well as creating
logistical and other difficulties. Multiple
agencies have been consistently
requesting the ability to allow esignatures as a result, and the need
became critical and urgent once the
COVID–19 pandemic extended much
longer than originally anticipated.
The advances in technical ability to
ensure valid e-signatures, and legal
acceptance of such signatures, is clearly
the way of the future and necessary to
support a modernized classified
national security information system.
However, the timing to make this
change is more urgent now because of
COVID–19 related health risks.
Under laws such as the Government
Paperwork Elimination Act (GPEA), 44
U.S.C. 3504 note, the Uniform
Electronic Transactions Act (UETA), a
model act since adopted by 47 states
and the District of Columbia (the
remaining three states have comparable
laws), and the Electronic Signatures in
Global and National Commerce Act
(ESIGN), 15 U.S.C. 7001, et seq., an esignature has the same legal weight as
a handwritten signature and cannot be
considered invalid simply due to being
electronic. The laws establish criteria
for valid e-signatures, along the
following lines: Intent to sign, consent
to do business electronically,
association of the signature with the
record, attribution to the person signing,
and a record of the digital transactions.
The United States practices an opentechnology approach, meaning there’s
no law requiring use of a specific
signing technology for an e-signature to
be legally binding, as long as it meets
the criteria.
However, for the purpose of esignatures on the SF 312, ISOO has
established certain requirements
agencies must meet if they wish to allow
such signatures. We require that
agencies use digital signatures (rather
than other forms of e-signature) on the
SF 312 because digital signatures
provide the requisite level of security
and authenticity appropriate for these
agreements. Digital signatures are a
specific signature technology type of esignature that allows users to sign
documents and authenticate the signer.
Digital signatures are based on a
standard, accepted format, called public
key infrastructure (PKI), to provide the
highest levels of security and universal
acceptance through use of a
mathematical algorithm and other
features. The mathematical algorithm
acts like a cipher and encrypts the data
matching the signed document. The
resulting encrypted data is the digital
signature, which is also marked with the
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Rules and Regulations]
[Page 17951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06668]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
Income Taxes
CFR Correction
This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.
0
In Title 26 of the Code of Federal Regulations, Part 1 (Sec. Sec.
1.301 to 1.400), revised as of April 1, 2021, in Sec. 1.358-6, revise
paragraph (f)(1) and revise the first sentence of paragraph (f)(3) to
read as follows:
Sec. 1.358-6 Stock basis in certain triangular reorganizations.
* * * * *
(f) * * *
(1) General rule. Except as otherwise provided in this paragraph
(f), this section applies to triangular reorganizations occurring on or
after December 23, 1994.
* * * * *
(3) Triangular G reorganization and special rule for triangular
reorganizations involving members of a consolidated group. Paragraph
(e)(1) of this section shall apply to triangular reorganizations
occurring on or after September 17, 2008. * * *
* * * * *
[FR Doc. 2022-06668 Filed 3-28-22; 8:45 am]
BILLING CODE 0099-10-D
