User Fees Relating to Enrolled Actuaries, 72366-72370 [2023-23301]
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72366
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations
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VerDate Sep<11>2014
Female
0.00088
0.00092
0.00098
0.00104
0.00113
0.00124
0.00137
0.00153
0.00173
0.00206
0.00253
0.00296
0.00344
0.00397
0.00458
0.00523
0.00615
0.00703
0.00774
0.00861
0.00957
0.01054
0.01163
0.01283
0.01419
0.01575
0.01750
0.01949
0.02175
0.02433
0.02729
0.03069
0.03460
0.03912
0.04442
0.05008
0.05649
0.06372
0.07192
0.08126
0.09180
0.10364
0.11688
0.13148
0.14733
0.16404
0.18111
0.19847
0.21588
0.23319
0.25152
0.27010
0.28899
0.30836
0.32788
0.34742
0.36672
0.38574
0.40436
0.42191
0.43897
0.45520
0.47064
0.48536
0.49448
0.49552
0.49656
0.49756
0.49870
0.49975
0.49990
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TABLE 3 TO PARAGRAPH (e)—
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0.00051
0.00055
0.00059
0.00064
0.00070
0.00080
0.00090
0.00101
0.00115
0.00138
0.00170
0.00195
0.00225
0.00258
0.00299
0.00343
0.00409
0.00478
0.00537
0.00619
0.00707
0.00786
0.00871
0.00968
0.01082
0.01217
0.01368
0.01540
0.01742
0.01975
0.02240
0.02540
0.02878
0.03254
0.03715
0.04158
0.04650
0.05202
0.05823
0.06527
0.07337
0.08255
0.09305
0.10480
0.11790
0.13141
0.14547
0.16007
0.17495
0.19020
0.20655
0.22354
0.24127
0.25965
0.27862
0.29799
0.31750
0.33705
0.35650
0.37576
0.39452
0.41279
0.43024
0.44694
0.46282
0.47794
0.49215
0.49820
0.49900
0.49980
0.49990
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118
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Male
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I
0.49995
0.50000
0.50000
1.00000
Female
0.50000
0.50000
0.50000
1.00000
(f) Applicability date. This section
applies for valuation dates occurring on
or after January 1, 2024.
Par. 3. Section 1.430(h)(3)–2 is
amended by:
■ a. In paragraph (c)(3)(ii) deleting the
text ‘‘§ 1.430(h)(3)–1(a)(2)(i)(E)’’ and
adding in its place ‘‘§ 1.430(h)(3)–
1(b)(2)(ii)’’;
■ b. Revising paragraph (c)(6)(ii)(E); and
■ c. In paragraph (d)(4)(iii)(A):
■ i. Deleting the text ‘‘§ 1.430(h)(3)–
1(a)(2)(i)(E)’’ and adding in its place
‘‘§ 1.430(h)(3)–1(b)(2)(ii)’’;
■ ii. Deleting ‘‘2006’’ and adding in its
place ‘‘2012’’; and
■ iii. Deleting the text ‘‘§ 1.430(h)(3)–
1(a)(2)(i)(C)’’ and adding in its place
‘‘§ 1.430(h)(3)–1(b)(1)(iii).’’
The revision reads as follows:
■
§ 1.430(h)(3)–2 Plan-specific substitute
mortality tables used to determine present
value.
*
*
*
*
*
(c) * * *
(6) * * *
(ii) * * *
(E) The date specified in guidance
published in the Internal Revenue
Bulletin (see § 601.601(d) of this
chapter) in conjunction with a
replacement of mortality tables
specified under section 430(h)(3)(A) and
§ 1.430(h)(3)–1 (other than changes to
the mortality improvement rates under
§ 1.430(h)(3)–1(b)(1)(iii) or annual
updates to the static mortality tables
issued as noted in § 1.430(h)(3)–
1(c)(1)(iv)).
*
*
*
*
*
■ Par. 4. Section 1.431(c)(6)–1 is revised
to read as follows:
used pursuant to § 1.430(h)(3)–1(b) or
the static mortality tables used pursuant
to § 1.430(h)(3)–1(c) are permitted to be
used without regard to whether the plan
is a small plan. However, substitute
mortality tables under §§ 1.430(h)(3)–
1(a)(2)(i) and 1.430(h)(3)–2 are not
permitted to be used for purposes of this
paragraph (a).
(b) Applicability date. This section
applies for valuation dates occurring on
or after January 1, 2024.
Par. 5. Section 1.433(h)(3)–1 is
revised to read as follows:
■
§ 1.433(h)(3)–1 Mortality tables used to
determine current liability.
(a) Mortality tables used to determine
current liability. In accordance with
section 433(h)(3)(B), the mortality
assumptions that apply to a singleemployer defined benefit plan for the
plan year pursuant to section
430(h)(3)(A) and (D) and §§ 1.430(h)(3)–
1(a)(1) and (a)(2)(ii) are used to
determine a cooperative and small
employer charity (CSEC) plan’s current
liability under section 433(h). For
purposes of this paragraph (a), either the
generational mortality tables used
pursuant to § 1.430(h)(3)–1(b) or the
static mortality tables used pursuant to
§ 1.430(h)(3)–1(c) are permitted to be
used without regard to whether the plan
is a small plan as defined in
§ 1.430(h)(3)–1(c)(1)(ii). However,
substitute mortality tables under
§§ 1.430(h)(3)–1(a)(2)(i) and 1.430(h)(3)–
2 are not permitted to be used for
purposes of this paragraph (a).
(b) Applicability date. This section
applies for valuation dates occurring on
or after January 1, 2024.
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
Approved: October 4, 2023.
Lily L. Batchelder,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2023–23267 Filed 10–19–23; 8:45 am]
BILLING CODE 4830–01–P
§ 1.431(c)(6)–1 Mortality tables used to
determine current liability.
(a) Mortality tables used to determine
current liability. In accordance with
section 431(c)(6)(D), the mortality
assumptions that apply to a singleemployer defined benefit plan for the
plan year pursuant to section
430(h)(3)(A) and (D) and §§ 1.430(h)(3)–
1(a)(1) and (a)(2)(ii) are used to
determine a multiemployer plan’s
current liability for purposes of
applying the rules of section 431(c)(6).
For purposes of this paragraph (a),
either the generational mortality tables
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 300
[TD 9982]
RIN 1545–BQ26
User Fees Relating to Enrolled
Actuaries
Internal Revenue Service (IRS),
Treasury.
AGENCY:
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Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations
ACTION:
Final regulations.
These final regulations amend
existing regulations relating to user fees
for enrolled actuaries. The final
regulations increase both the enrollment
and renewal of enrollment user fees for
enrolled actuaries from $250 to $680.
These regulations affect individuals
who apply to become an enrolled
actuary or seek to renew their
enrollment. The Independent Offices
Appropriation Act of 1952 authorizes
charging user fees.
DATES:
Effective date: These regulations are
effective on October 20, 2023.
Applicability date: For the
applicability dates, see §§ 300.7(d) and
300.8(d).
FOR FURTHER INFORMATION CONTACT:
Carolyn M. Lee at 202–317–6845 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
This document contains amendments
to 26 CFR part 300—User Fees. On
October 5, 2022, a notice of proposed
rulemaking (NPRM) (REG–100719–21)
and notice of public hearing was
published in the Federal Register (87
FR 60357). The NPRM proposed
amending the regulations relating to the
user fees for enrolled actuaries. The
document proposed increasing the
amount of the user fee for both the new
enrollment and renewal of enrollment
for enrolled actuaries from $250 to $680
per enrollment application or renewal
application. The NPRM contained a
detailed explanation of the legal
background and user fee calculations
regarding the amendment to these
regulations.
Four comments were submitted in
response to the notice of proposed
rulemaking. There were no requests to
speak at the scheduled public hearing.
Consequently, the public hearing was
cancelled (87 FR 80109). After
consideration of the written comments,
the Department of the Treasury
(Treasury Department) and the IRS have
decided to adopt without modification
the regulations proposed by the notice
of proposed rulemaking.
Summary of Comments
The four comments submitted in
response to the notice of proposed
rulemaking are available at https://
www.regulations.gov or upon request.
1. Comments Not Seeking Modification
or Clarification of the User Fee
Some comments did not address
modification or clarification of the user
fee.
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One comment expressed concern
about the applicability date of the user
fees for enrolled actuaries who apply to
renew their enrollment for the 2023–
2025 enrollment cycle. The proposed
regulation amending 26 CFR 300.8,
Renewal of enrollment of enrolled
actuary fee, stated the effective date
would be 30 days after the regulation is
published as a final regulation in the
Federal Register. The comment noted
that applications for the enrollment
renewal would be available in early
January 2023 to enrolled actuaries
seeking to renew their enrollment for
the 2023–2025 enrollment cycle, and
renewal of enrollment applications and
fees must be submitted by March 1,
2023, to be effective beginning April 1,
2023. These final regulations are being
published after the close of the 2023
season for timely renewal of enrollment.
Consequently, the $250 renewal of
enrollment user fee in effect on January
1, 2023, was in effect throughout the
timely renewal season that closed
March 1, 2023.
Another comment recommended
adding a provision to the user fee
regulations to eliminate the in-person
continuing education formal program
requirements. Continuing education
requirements for enrolled actuaries are
governed by 20 CFR 901.11. The
comment regarding continuing
education requirements for enrolled
actuaries is outside the scope of these
regulations.
In addition, a comment recommended
that the Joint Board for the Enrollment
of Actuaries (Joint Board) consider
approaches to make its cost structure
more efficient, presenting as examples
adopting a longer enrollment cycle, and
making the continuing professional
education (CPE) audit process more
efficient for enrolled actuaries and for
qualifying sponsors of enrolled actuary
continuing education. These regulations
relate to the methodology used to
determine user fees for new enrollment
and renewal of enrollments. The
operation of the Joint Board is outside
the scope of these regulations.
Nonetheless, the IRS continually looks
for program efficiencies, which it takes
into consideration during the enrolled
actuary user fee biennial review.
2. Comments Seeking Modification or
Clarification of the User Fee
The summary of comments below
addresses those comments that make
recommendations concerning, or
seeking clarification of, the user fees set
forth in the proposed regulations
relating to the user fees for new
enrollments and renewal of enrollments
for enrolled actuaries.
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72367
A. Enrolled Actuary Enrollment
Processes Must Be Financially SelfSustaining
One comment questioned why the
user fee is calculated based on the
number of enrolled actuary applicants.
Enrolled actuary applicants seeking to
be enrolled as new enrolled actuaries or
to renew their enrolled actuary
enrollment are the principal
beneficiaries of the services provided by
the Joint Board; that is, the enrolled
actuary new enrollment and renewal of
enrollment processes conducted by the
IRS Return Preparer Office (RPO) under
the oversight of the Joint Board. An
individual who has been granted new
enrollment or renewal of enrollment as
an enrolled actuary by the Joint Board
may perform pension actuarial services
under the Employee Retirement Income
Security Act of 1974 (ERISA) Public
Law 93–406, Title III, section 3042,
Sept. 2, 1974, 88 Stat. 1002, and practice
before the IRS as provided by the rules
governing practice before the IRS,
published in 31 CFR subtitle A, part 10,
and reprinted as Treasury Department
Circular No. 230 (Circular 230).
Enrollment confers special benefits on
individuals who are enrolled actuaries
beyond those that accrue to the general
public.
The Independent Offices
Appropriation Act of 1952 (IOAA) (31
U.S.C. 9701) authorizes each agency to
promulgate regulations establishing the
charge for services the agency provides
(user fees). The IOAA states that the
services provided by an agency should
be self-sustaining to the extent possible.
31 U.S.C. 9701(a). The IOAA provides
that user fee regulations are subject to
policies prescribed by the President.
The policies are currently set forth in
the Office of Management and Budget
(OMB) Circular A–25 (OMB Circular A–
25), 58 FR 38142 (July 15, 1993).
Section 6a(1) of OMB Circular A–25
states that when a service offered by an
agency confers special benefits to
identifiable recipients beyond those
accruing to the general public, the
agency is to charge a user fee to recover
the full cost of providing the service
(unless the agency requests, and the
OMB grants, an exception to the fullcost requirement). An agency that seeks
to impose a user fee for governmentprovided services must calculate the full
cost of providing those services.
In accordance with OMB Circular A–
25, the RPO completed its 2021 biennial
review of the enrollment and renewal of
enrollment user fees associated with
enrolled actuaries. As discussed in the
notice of proposed rulemaking, during
its review, the RPO took into account
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increases in labor, benefits, and
overhead costs incurred in connection
with providing enrollment services to
individuals who enroll or renew
enrollment as enrolled actuaries since
the user fee was promulgated in 2007.
The costs include activities related to
verifying that an individual meets the
requirements for enrollment or renewal
of enrollment as an enrolled actuary.
The RPO also took into account a
reallocation of certain labor costs in
their methodology to include costs
associated with certain human resource
matters, formalizing policies and
procedures, and other administrative
support. The RPO followed the
generally accepted accounting
principles established by the Federal
Accounting Standards Advisory Board.
As required by section 6a(1) of OMB
Circular A–25, the costs allocated to the
enrollment and renewal processes for
enrolled actuaries are borne in full by
the identifiable group of actuaries who
apply for new enrollment and renewal
of enrollment services. Accordingly, the
number of enrolled actuary applicants is
used by the RPO to determine the perapplicant user fee. As described in the
proposed regulations, to arrive at the
total cost per application, the IRS
divided the estimated three-year total of
enrolled actuary costs by the total
volume of applications expected over
the same three-year period. Based on the
number of applicants, the full cost of
administering the enrollment and
renewal for enrollment processes for
enrolled actuaries increased from $250
to $680 per enrollment.
B. Justification for the Increase in User
Fees
Several comments were received
expressing concern about the amount by
which the user fees increased, and
sought clarification for what caused the
increase. One commenter requested an
explanation of the difference in
outcomes between the 2019 biennial
review when user fees were not
increased and the 2021 biennial review.
Commenters also inquired about the
factors causing the reallocation of RPO’s
human resources, resulting in RPO’s
correction during the 2021 biennial
review of the average time allocated to
enrolled actuary enrollment and
renewal of enrollment processes from 40
percent to 65 percent. Another
commenter, questioning the increase in
enrollment user fees between the 2019
biennial review and the 2021 biennial
review, stated for comparison that the
Bureau of Labor Statistics (BLS)
Employment Cost Index (ECI) for private
industry worker wages and salaries
showed an increase of no more than 10
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percent to 15 percent from the 2020–
2022 enrollment cycle to the 2023–2025
enrollment cycle. The same commenter
observed that many of the intellectual
capital services the Treasury
Department and the IRS provide across
the organization are not directly
relevant to enrolled actuaries and the
services they provide to qualified
pension plans. In the same vein, a
commenter expressed an incorrect belief
that the enrolled actuary enrollment
user fees include costs not attributable
to the enrolled actuary program for
government employees who, among
their overall responsibilities not
allocated to the enrolled actuary
program, have duties including working
for the Joint Board.
More specifically, a commenter
questioned the accuracy of the IRS’s
determination that 65 percent of four
RPO employees’ time is dedicated to
enrollment activities during the threeyear enrollment cycle, given the
unevenness in enrollments and
renewals during each of the three years.
The 2021 biennial review was based on
214 applications in 2018, 132
applications in 2019, and 3,584
applications in 2020. According to this
commenter, if the volume of
applications is uneven, the percentage
of time IRS employees spend working
on enrollment activities would be
similarly uneven and would not average
65 percent over the three-year
enrollment cycle. Another commenter
requested information about the change
in the number of applicants relative to
prior years. The commenter posited that
if enrollments were decreasing,
enrollment processes costs also should
decrease because there are fewer
applications to review. Enrolled actuary
total new and renewal of enrollment
applications have declined. The 2021
biennial review, based on fiscal years
2018, 2019, and 2020, showed
approximately 450 fewer enrolled
actuary applicants compared to the
previous cycles.
These comments generally reflect an
assumption that the enrolled actuary
enrollment fees are solely attributable to
enrollment applications processing. As
explained in the proposed regulations,
the methodology for calculating full
costs associated with new and renewal
of enrollment applications was updated
during the 2021 biennial review. Prior
costing analyses only considered the
time associated with the actual
processing of new and renewal of
enrollment applications. However,
application processing is only one
aspect of the cost analysis. The current
increase in user fees was, in part, the
result of the RPO determining that the
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methodology previously used to
compute labor allocations was outdated
and did not capture the full costs
associated with administering enrolled
actuary enrollment and renewal of
enrollment. Under the previous
methodology, the salaries and benefits
of RPO staff supporting the new and
renewal of enrollment of enrolled
actuaries were computed at 40 percent
of four RPO staff members’ salaries and
benefits, with associated overhead. To
more accurately calculate the full RPO
costs directly associated with the
enrolled actuary enrollment program,
the updated costing analysis accounts
for not only the time and resources
involved in application processing, but
also the additional time and resources
spent to administer the enrolled actuary
program. These activities continue
throughout the three-year enrollment
cycle even though enrollment
application volume fluctuates. The
RPO’s responsibilities with respect to
the enrolled actuary program beyond
application processing include
conducting yearly tax compliance and
continuing professional education (CPE)
audits of enrolled actuaries,
communicating with inactive enrolled
actuaries, implementing regulatory
improvements, investigating discipline
cases, and supporting the work of Joint
Board Advisory Committee members.
The 2021 biennial review established
that four RPO employees devoted an
average of 65 percent of their time over
the three-year enrollment cycle to
enrolled actuary enrollment activities.
Accordingly, the correct allocation of
RPO’s labor costs to the enrolled actuary
enrollment and renewal of enrollment
processes was 65 percent of the four
RPO staff members’ time, which was
used to calculate the user fees in these
final regulations. More specifically,
during the 2021 biennial review, the IRS
projected the estimated costs of direct
labor and benefits based on the actual
salary and benefits of the four
employees who devote time to
conducting enrolled actuary enrollment
and renewal of enrollment processes,
reduced to reflect the percentage of time
each individual actually spends on
those activities. The RPO’s managers
estimated the percentage of time these
employees devoted to conducting
enrollment activities based on the
managers’ knowledge of program
assignments. In addition, the full costs
of related oversight and support costs,
plus travel, training, and supplies, were
included in the 2021 biennial review
user fee computations. These costs had
not been included in the user fee
computation previously.
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Applying the refined methodology
and including full costs in the 2021
biennial review resulted in the increase
of $430 in new and renewal of
enrollment user fees for the three-year
enrollment cycle to $680, or $143.33 per
year.
One commenter appeared to not
understand that the change in the
internal allocation methodology applied
only to the RPO staff who actually
provided the enrollment services. This
commenter observed that a change in
the Treasury Department’s and IRS’s
internal allocation methodology for
human resources should not result in a
significant increase in enrolled actuary
user fees because many of the services
the agencies provide are not directly
relevant to enrolled actuaries. Human
resource allocation throughout the
Treasury Department was not used as a
cost factor attributed to the four RPO
staff providing enrollment services.
Neither were costs associated with
agency-wide IRS human resource
allocation; instead, those costs were one
of several indirect costs used to
compute the overhead rate included in
the rate calculation methodology as
described in the notice of proposed
rulemaking.
C. Impact of User Fees on New and
Renewal of Enrollments
Two comments questioned whether
increasing user fees may discourage
individuals from enrolling as enrolled
actuaries or renewing their enrollment.
These commenters were concerned that
a decline in the number of enrolled
actuaries could minimize the
competition for services, which could
result in increased costs passed to the
consumers of services provided by
enrolled actuaries. One commenter
queried whether there had been
consideration given to phasing in the
increased user fees and implementing a
cap on the user fees. The same
commenter stated that, in circumstances
of declining enrolled actuary
enrollment, the remaining enrolled
actuaries might in effect be penalized by
substantially increasing user fees. This
commenter observed that requiring
enrolled actuaries to bear the full cost of
enrollment processing may be to the
detriment, instead of the benefit, of the
enrollment of actuaries.
The Treasury Department and the IRS
recognize the valuable service enrolled
actuaries provide to taxpayers. As
discussed in section 2.A of the
Summary of Comments, OMB Circular
A–25 states that when a service offered
by a Federal agency provides special
benefits to identifiable recipients
beyond those accruing to the general
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public, the agency will establish a user
fee to recover the full cost to the
government of providing the service
(unless the agency requests, and the
OMB grants, an exception to the fullcost requirement). Also discussed in
section 2.A of the Summary of
Comments, the IRS confers benefits on
individuals who are enrolled actuaries
beyond those that accrue to the general
public by allowing them to perform
pension actuarial services under ERISA
and to practice before the IRS. The
Treasury Department and the IRS
comply with OMB Circular A–25 by
charging user fees to recover the full
cost of overseeing the enrollment and
renewal of enrollment processes. Based
on the 2021 biennial review, the RPO
determined that the full cost of
administering the enrolled actuary new
and renewal of enrollment processes
increased from $250 to $680 per
enrollment application for the threeyear enrollment period. The fee is an
increase of $143.33 per year for the
period. The Treasury Department and
the IRS have not requested an exception
from the OMB because there is no data
that indicates the user fee for new
enrollment or renewal of enrollment is
cost prohibitive or that any other
condition exists that justifies an
exception.
D. Applicability of OMB Circular A–25
One commenter queried whether
there should be an exemption from the
user fee in certain circumstances, as
permitted by OMB Circular A–25. As an
example, the commenter described a
scenario when enrolled actuary status is
required to qualify for employment but
the employment position itself does not
involve providing pension actuarial
services or representing a taxpayer
before the IRS. According to the
commenter, the enrolled actuary in this
scenario should not be subject to the
user fee because the employer does not
benefit from the performance of the
particular services the enrolled actuary
status permits. This is a
misunderstanding of the role ‘‘benefit’’
plays in the OMB Circular A–25
requirement to charge a user fee. As
explained in the notice of proposed
rulemaking and this preamble, the user
fee is required to recover the full cost of
providing the service of new and
renewal of enrollment to an individual
who has been approved by the Joint
Board to perform actuarial services
required under ERISA and to represent
clients in certain circumstances before
the IRS. This service confers special
benefits to the enrolled actuary. Any
third-party benefit, such as to an
enrolled actuary’s employer or clients,
PO 00000
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Fmt 4700
Sfmt 4700
72369
is not a consideration with respect to
the OMB Circular A–25 requirement.
The scenario presented by the
commenter does not justify an exception
to the full-cost recovery requirement.
Special Analyses
I. Regulatory Planning and Review
Pursuant to the Memorandum of
Agreement, Review of Treasury
Regulations under Executive Order
12866 (June 9, 2023), tax regulatory
actions issued by the IRS are not subject
to the requirements of section 6(b) of
Executive Order 12866, as amended.
Therefore, a regulatory impact
assessment is not required.
II. Regulatory Flexibility Act (RFA)
The notice of proposed rulemaking
included an initial regulatory flexibility
analysis (IRFA). No comments
pertaining to the analysis were received.
Based on the IRFA, the Treasury
Department and the IRS determined the
rule is not expected to have a significant
economic impact on a substantial
number of small entities and a final
regulatory flexibility analysis is not
required. As discussed in the IRFA, the
regulations affect actuaries who apply
for enrollment as an enrolled actuary or
renewal of enrollment with the Joint
Board. Only individuals, not businesses,
can apply for new enrollment or to
renew enrolled actuary certification.
Therefore, the economic impact of these
regulations, an increase of $143.33 per
year for the three-year enrollment
period, on any small entity generally
will be the result of an individual
actuary owning a small business, or a
small business employing an actuary
and requiring the individual to apply for
enrolled actuary status or renew as an
enrolled actuary with the Joint Board.
Pursuant to the RFA (5 U.S.C. chapter
6), it is hereby certified that these
regulations will not have a significant
economic impact on a substantial
number of small entities.
Pursuant to section 7805(f) of the
Internal Revenue Code, the notice of
proposed rulemaking was submitted to
the Office of Chief Counsel for
Advocacy of the Small Business
Administration (SBA) for comment on
its impact on small business. The Chief
Counsel for the Office of Advocacy of
the SBA did not provide any comments.
III. Unfunded Mandates Reform Act
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated
costs and benefits and take certain other
actions before issuing a final rule that
includes any Federal mandate that may
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20OCR1
72370
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Rules and Regulations
result in expenditures in any one year
by a state, local, or tribal government, in
the aggregate, or by the private sector, of
$100 million in 1995 dollars, updated
annually for inflation. This rule does
not include any Federal mandate that
may result in expenditures by state,
local, or tribal governments, or by the
private sector in excess of that
threshold.
IV. Executive Order 13132: Federalism
Executive Order 13132 (Federalism)
prohibits an agency from publishing any
rule that has federalism implications if
the rule either imposes substantial,
direct compliance costs on state and
local governments, and is not required
by statute, or preempts state law, unless
the agency meets the consultation and
funding requirements of section 6 of the
Executive order. These final regulations
do not have federalism implications and
do not impose substantial direct
compliance costs on state and local
governments or preempt state law
within the meaning of the Executive
order.
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
Drafting Information
The principal author of these
regulations is Carolyn M. Lee, Office of
the Associate Chief Counsel (Procedure
and Administration). Other personnel
from the Treasury Department and the
IRS participated in the development of
the regulations.
List of Subjects in 26 CFR Part 300
Reporting and recordkeeping
requirements, Use fees.
PART 300—USER FEES
Paragraph 1. The authority citation
for part 300 continues to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
Authority: 31 U.S.C. 9701.
Par. 2. Section 300.7 is amended by
revising paragraphs (b) and (d) to read
as follows:
■
Enrollment of enrolled actuary fee.
*
*
*
*
*
(b) Fee. The fee for initially enrolling
as an enrolled actuary with the Joint
VerDate Sep<11>2014
17:07 Oct 19, 2023
Jkt 262001
Par. 3. Section 300.8 is amended by
revising paragraphs (b) and (d) to read
as follows:
■
§ 300.8 Renewal of enrollment of enrolled
actuary fee.
*
*
*
*
*
(b) Fee. The fee for renewal of
enrollment as an enrolled actuary with
the Joint Board for the Enrollment of
Actuaries is $680.00.
*
*
*
*
*
(d) Applicability date. This section is
applicable beginning November 20,
2023.
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
Approved: October 4, 2023.
Lily L. Batchelder,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2023–23301 Filed 10–19–23; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0797]
RIN 1625–AA00
Safety Zone; Cumberland River,
Nashville, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
Adoption of Amendments to the
Regulations
Accordingly, the Treasury Department
and the IRS amend 26 CFR part 300 as
follows:
§ 300.7
Board for the Enrollment of Actuaries is
$680.00.
*
*
*
*
*
(d) Applicability date. This section is
applicable beginning November 20,
2023.
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Cumberland
River extending from mile marker 190
through 191. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards created by aerial operations.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley.
DATES: This rule is effective from 7 a.m.
on October 21, 2023 through 6 p.m. on
October 22, 2023. This rule will be
enforced from 7 a.m. through 6 p.m.
daily during the effective period.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0797 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Joshua Carter, MSD
Nashville, U.S. Coast Guard; telephone
615–736–5421, email Joshua.D.Carter@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to respond
and repair to the potential safety
hazards associated with the aerial
operations. It is impracticable to publish
an NPRM because we must establish
this safety zone by October 21st, 2023.
An aerial conductor will be replaced by
Nashville Electric Service between mile
markers 190–191 which could cause a
hazard to navigation on the Cumberland
River. The safety zone must be
established to protect people and
vessels associated with and resulting
from the aerial operations and we lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
This safety zone may include closures
or navigation restrictions and
requirements that are vital to maintain
safe navigation on the Cumberland
River during aerial operations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because action is needed to respond to
E:\FR\FM\20OCR1.SGM
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Agencies
[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Rules and Regulations]
[Pages 72366-72370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23301]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 300
[TD 9982]
RIN 1545-BQ26
User Fees Relating to Enrolled Actuaries
AGENCY: Internal Revenue Service (IRS), Treasury.
[[Page 72367]]
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: These final regulations amend existing regulations relating to
user fees for enrolled actuaries. The final regulations increase both
the enrollment and renewal of enrollment user fees for enrolled
actuaries from $250 to $680. These regulations affect individuals who
apply to become an enrolled actuary or seek to renew their enrollment.
The Independent Offices Appropriation Act of 1952 authorizes charging
user fees.
DATES:
Effective date: These regulations are effective on October 20,
2023.
Applicability date: For the applicability dates, see Sec. Sec.
300.7(d) and 300.8(d).
FOR FURTHER INFORMATION CONTACT: Carolyn M. Lee at 202-317-6845 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This document contains amendments to 26 CFR part 300--User Fees. On
October 5, 2022, a notice of proposed rulemaking (NPRM) (REG-100719-21)
and notice of public hearing was published in the Federal Register (87
FR 60357). The NPRM proposed amending the regulations relating to the
user fees for enrolled actuaries. The document proposed increasing the
amount of the user fee for both the new enrollment and renewal of
enrollment for enrolled actuaries from $250 to $680 per enrollment
application or renewal application. The NPRM contained a detailed
explanation of the legal background and user fee calculations regarding
the amendment to these regulations.
Four comments were submitted in response to the notice of proposed
rulemaking. There were no requests to speak at the scheduled public
hearing. Consequently, the public hearing was cancelled (87 FR 80109).
After consideration of the written comments, the Department of the
Treasury (Treasury Department) and the IRS have decided to adopt
without modification the regulations proposed by the notice of proposed
rulemaking.
Summary of Comments
The four comments submitted in response to the notice of proposed
rulemaking are available at https://www.regulations.gov or upon
request.
1. Comments Not Seeking Modification or Clarification of the User Fee
Some comments did not address modification or clarification of the
user fee.
One comment expressed concern about the applicability date of the
user fees for enrolled actuaries who apply to renew their enrollment
for the 2023-2025 enrollment cycle. The proposed regulation amending 26
CFR 300.8, Renewal of enrollment of enrolled actuary fee, stated the
effective date would be 30 days after the regulation is published as a
final regulation in the Federal Register. The comment noted that
applications for the enrollment renewal would be available in early
January 2023 to enrolled actuaries seeking to renew their enrollment
for the 2023-2025 enrollment cycle, and renewal of enrollment
applications and fees must be submitted by March 1, 2023, to be
effective beginning April 1, 2023. These final regulations are being
published after the close of the 2023 season for timely renewal of
enrollment. Consequently, the $250 renewal of enrollment user fee in
effect on January 1, 2023, was in effect throughout the timely renewal
season that closed March 1, 2023.
Another comment recommended adding a provision to the user fee
regulations to eliminate the in-person continuing education formal
program requirements. Continuing education requirements for enrolled
actuaries are governed by 20 CFR 901.11. The comment regarding
continuing education requirements for enrolled actuaries is outside the
scope of these regulations.
In addition, a comment recommended that the Joint Board for the
Enrollment of Actuaries (Joint Board) consider approaches to make its
cost structure more efficient, presenting as examples adopting a longer
enrollment cycle, and making the continuing professional education
(CPE) audit process more efficient for enrolled actuaries and for
qualifying sponsors of enrolled actuary continuing education. These
regulations relate to the methodology used to determine user fees for
new enrollment and renewal of enrollments. The operation of the Joint
Board is outside the scope of these regulations. Nonetheless, the IRS
continually looks for program efficiencies, which it takes into
consideration during the enrolled actuary user fee biennial review.
2. Comments Seeking Modification or Clarification of the User Fee
The summary of comments below addresses those comments that make
recommendations concerning, or seeking clarification of, the user fees
set forth in the proposed regulations relating to the user fees for new
enrollments and renewal of enrollments for enrolled actuaries.
A. Enrolled Actuary Enrollment Processes Must Be Financially Self-
Sustaining
One comment questioned why the user fee is calculated based on the
number of enrolled actuary applicants. Enrolled actuary applicants
seeking to be enrolled as new enrolled actuaries or to renew their
enrolled actuary enrollment are the principal beneficiaries of the
services provided by the Joint Board; that is, the enrolled actuary new
enrollment and renewal of enrollment processes conducted by the IRS
Return Preparer Office (RPO) under the oversight of the Joint Board. An
individual who has been granted new enrollment or renewal of enrollment
as an enrolled actuary by the Joint Board may perform pension actuarial
services under the Employee Retirement Income Security Act of 1974
(ERISA) Public Law 93-406, Title III, section 3042, Sept. 2, 1974, 88
Stat. 1002, and practice before the IRS as provided by the rules
governing practice before the IRS, published in 31 CFR subtitle A, part
10, and reprinted as Treasury Department Circular No. 230 (Circular
230). Enrollment confers special benefits on individuals who are
enrolled actuaries beyond those that accrue to the general public.
The Independent Offices Appropriation Act of 1952 (IOAA) (31 U.S.C.
9701) authorizes each agency to promulgate regulations establishing the
charge for services the agency provides (user fees). The IOAA states
that the services provided by an agency should be self-sustaining to
the extent possible. 31 U.S.C. 9701(a). The IOAA provides that user fee
regulations are subject to policies prescribed by the President. The
policies are currently set forth in the Office of Management and Budget
(OMB) Circular A-25 (OMB Circular A-25), 58 FR 38142 (July 15, 1993).
Section 6a(1) of OMB Circular A-25 states that when a service
offered by an agency confers special benefits to identifiable
recipients beyond those accruing to the general public, the agency is
to charge a user fee to recover the full cost of providing the service
(unless the agency requests, and the OMB grants, an exception to the
full-cost requirement). An agency that seeks to impose a user fee for
government-provided services must calculate the full cost of providing
those services.
In accordance with OMB Circular A-25, the RPO completed its 2021
biennial review of the enrollment and renewal of enrollment user fees
associated with enrolled actuaries. As discussed in the notice of
proposed rulemaking, during its review, the RPO took into account
[[Page 72368]]
increases in labor, benefits, and overhead costs incurred in connection
with providing enrollment services to individuals who enroll or renew
enrollment as enrolled actuaries since the user fee was promulgated in
2007. The costs include activities related to verifying that an
individual meets the requirements for enrollment or renewal of
enrollment as an enrolled actuary. The RPO also took into account a
reallocation of certain labor costs in their methodology to include
costs associated with certain human resource matters, formalizing
policies and procedures, and other administrative support. The RPO
followed the generally accepted accounting principles established by
the Federal Accounting Standards Advisory Board.
As required by section 6a(1) of OMB Circular A-25, the costs
allocated to the enrollment and renewal processes for enrolled
actuaries are borne in full by the identifiable group of actuaries who
apply for new enrollment and renewal of enrollment services.
Accordingly, the number of enrolled actuary applicants is used by the
RPO to determine the per-applicant user fee. As described in the
proposed regulations, to arrive at the total cost per application, the
IRS divided the estimated three-year total of enrolled actuary costs by
the total volume of applications expected over the same three-year
period. Based on the number of applicants, the full cost of
administering the enrollment and renewal for enrollment processes for
enrolled actuaries increased from $250 to $680 per enrollment.
B. Justification for the Increase in User Fees
Several comments were received expressing concern about the amount
by which the user fees increased, and sought clarification for what
caused the increase. One commenter requested an explanation of the
difference in outcomes between the 2019 biennial review when user fees
were not increased and the 2021 biennial review. Commenters also
inquired about the factors causing the reallocation of RPO's human
resources, resulting in RPO's correction during the 2021 biennial
review of the average time allocated to enrolled actuary enrollment and
renewal of enrollment processes from 40 percent to 65 percent. Another
commenter, questioning the increase in enrollment user fees between the
2019 biennial review and the 2021 biennial review, stated for
comparison that the Bureau of Labor Statistics (BLS) Employment Cost
Index (ECI) for private industry worker wages and salaries showed an
increase of no more than 10 percent to 15 percent from the 2020-2022
enrollment cycle to the 2023-2025 enrollment cycle. The same commenter
observed that many of the intellectual capital services the Treasury
Department and the IRS provide across the organization are not directly
relevant to enrolled actuaries and the services they provide to
qualified pension plans. In the same vein, a commenter expressed an
incorrect belief that the enrolled actuary enrollment user fees include
costs not attributable to the enrolled actuary program for government
employees who, among their overall responsibilities not allocated to
the enrolled actuary program, have duties including working for the
Joint Board.
More specifically, a commenter questioned the accuracy of the IRS's
determination that 65 percent of four RPO employees' time is dedicated
to enrollment activities during the three-year enrollment cycle, given
the unevenness in enrollments and renewals during each of the three
years. The 2021 biennial review was based on 214 applications in 2018,
132 applications in 2019, and 3,584 applications in 2020. According to
this commenter, if the volume of applications is uneven, the percentage
of time IRS employees spend working on enrollment activities would be
similarly uneven and would not average 65 percent over the three-year
enrollment cycle. Another commenter requested information about the
change in the number of applicants relative to prior years. The
commenter posited that if enrollments were decreasing, enrollment
processes costs also should decrease because there are fewer
applications to review. Enrolled actuary total new and renewal of
enrollment applications have declined. The 2021 biennial review, based
on fiscal years 2018, 2019, and 2020, showed approximately 450 fewer
enrolled actuary applicants compared to the previous cycles.
These comments generally reflect an assumption that the enrolled
actuary enrollment fees are solely attributable to enrollment
applications processing. As explained in the proposed regulations, the
methodology for calculating full costs associated with new and renewal
of enrollment applications was updated during the 2021 biennial review.
Prior costing analyses only considered the time associated with the
actual processing of new and renewal of enrollment applications.
However, application processing is only one aspect of the cost
analysis. The current increase in user fees was, in part, the result of
the RPO determining that the methodology previously used to compute
labor allocations was outdated and did not capture the full costs
associated with administering enrolled actuary enrollment and renewal
of enrollment. Under the previous methodology, the salaries and
benefits of RPO staff supporting the new and renewal of enrollment of
enrolled actuaries were computed at 40 percent of four RPO staff
members' salaries and benefits, with associated overhead. To more
accurately calculate the full RPO costs directly associated with the
enrolled actuary enrollment program, the updated costing analysis
accounts for not only the time and resources involved in application
processing, but also the additional time and resources spent to
administer the enrolled actuary program. These activities continue
throughout the three-year enrollment cycle even though enrollment
application volume fluctuates. The RPO's responsibilities with respect
to the enrolled actuary program beyond application processing include
conducting yearly tax compliance and continuing professional education
(CPE) audits of enrolled actuaries, communicating with inactive
enrolled actuaries, implementing regulatory improvements, investigating
discipline cases, and supporting the work of Joint Board Advisory
Committee members.
The 2021 biennial review established that four RPO employees
devoted an average of 65 percent of their time over the three-year
enrollment cycle to enrolled actuary enrollment activities.
Accordingly, the correct allocation of RPO's labor costs to the
enrolled actuary enrollment and renewal of enrollment processes was 65
percent of the four RPO staff members' time, which was used to
calculate the user fees in these final regulations. More specifically,
during the 2021 biennial review, the IRS projected the estimated costs
of direct labor and benefits based on the actual salary and benefits of
the four employees who devote time to conducting enrolled actuary
enrollment and renewal of enrollment processes, reduced to reflect the
percentage of time each individual actually spends on those activities.
The RPO's managers estimated the percentage of time these employees
devoted to conducting enrollment activities based on the managers'
knowledge of program assignments. In addition, the full costs of
related oversight and support costs, plus travel, training, and
supplies, were included in the 2021 biennial review user fee
computations. These costs had not been included in the user fee
computation previously.
[[Page 72369]]
Applying the refined methodology and including full costs in the
2021 biennial review resulted in the increase of $430 in new and
renewal of enrollment user fees for the three-year enrollment cycle to
$680, or $143.33 per year.
One commenter appeared to not understand that the change in the
internal allocation methodology applied only to the RPO staff who
actually provided the enrollment services. This commenter observed that
a change in the Treasury Department's and IRS's internal allocation
methodology for human resources should not result in a significant
increase in enrolled actuary user fees because many of the services the
agencies provide are not directly relevant to enrolled actuaries. Human
resource allocation throughout the Treasury Department was not used as
a cost factor attributed to the four RPO staff providing enrollment
services. Neither were costs associated with agency-wide IRS human
resource allocation; instead, those costs were one of several indirect
costs used to compute the overhead rate included in the rate
calculation methodology as described in the notice of proposed
rulemaking.
C. Impact of User Fees on New and Renewal of Enrollments
Two comments questioned whether increasing user fees may discourage
individuals from enrolling as enrolled actuaries or renewing their
enrollment. These commenters were concerned that a decline in the
number of enrolled actuaries could minimize the competition for
services, which could result in increased costs passed to the consumers
of services provided by enrolled actuaries. One commenter queried
whether there had been consideration given to phasing in the increased
user fees and implementing a cap on the user fees. The same commenter
stated that, in circumstances of declining enrolled actuary enrollment,
the remaining enrolled actuaries might in effect be penalized by
substantially increasing user fees. This commenter observed that
requiring enrolled actuaries to bear the full cost of enrollment
processing may be to the detriment, instead of the benefit, of the
enrollment of actuaries.
The Treasury Department and the IRS recognize the valuable service
enrolled actuaries provide to taxpayers. As discussed in section 2.A of
the Summary of Comments, OMB Circular A-25 states that when a service
offered by a Federal agency provides special benefits to identifiable
recipients beyond those accruing to the general public, the agency will
establish a user fee to recover the full cost to the government of
providing the service (unless the agency requests, and the OMB grants,
an exception to the full-cost requirement). Also discussed in section
2.A of the Summary of Comments, the IRS confers benefits on individuals
who are enrolled actuaries beyond those that accrue to the general
public by allowing them to perform pension actuarial services under
ERISA and to practice before the IRS. The Treasury Department and the
IRS comply with OMB Circular A-25 by charging user fees to recover the
full cost of overseeing the enrollment and renewal of enrollment
processes. Based on the 2021 biennial review, the RPO determined that
the full cost of administering the enrolled actuary new and renewal of
enrollment processes increased from $250 to $680 per enrollment
application for the three-year enrollment period. The fee is an
increase of $143.33 per year for the period. The Treasury Department
and the IRS have not requested an exception from the OMB because there
is no data that indicates the user fee for new enrollment or renewal of
enrollment is cost prohibitive or that any other condition exists that
justifies an exception.
D. Applicability of OMB Circular A-25
One commenter queried whether there should be an exemption from the
user fee in certain circumstances, as permitted by OMB Circular A-25.
As an example, the commenter described a scenario when enrolled actuary
status is required to qualify for employment but the employment
position itself does not involve providing pension actuarial services
or representing a taxpayer before the IRS. According to the commenter,
the enrolled actuary in this scenario should not be subject to the user
fee because the employer does not benefit from the performance of the
particular services the enrolled actuary status permits. This is a
misunderstanding of the role ``benefit'' plays in the OMB Circular A-25
requirement to charge a user fee. As explained in the notice of
proposed rulemaking and this preamble, the user fee is required to
recover the full cost of providing the service of new and renewal of
enrollment to an individual who has been approved by the Joint Board to
perform actuarial services required under ERISA and to represent
clients in certain circumstances before the IRS. This service confers
special benefits to the enrolled actuary. Any third-party benefit, such
as to an enrolled actuary's employer or clients, is not a consideration
with respect to the OMB Circular A-25 requirement. The scenario
presented by the commenter does not justify an exception to the full-
cost recovery requirement.
Special Analyses
I. Regulatory Planning and Review
Pursuant to the Memorandum of Agreement, Review of Treasury
Regulations under Executive Order 12866 (June 9, 2023), tax regulatory
actions issued by the IRS are not subject to the requirements of
section 6(b) of Executive Order 12866, as amended. Therefore, a
regulatory impact assessment is not required.
II. Regulatory Flexibility Act (RFA)
The notice of proposed rulemaking included an initial regulatory
flexibility analysis (IRFA). No comments pertaining to the analysis
were received. Based on the IRFA, the Treasury Department and the IRS
determined the rule is not expected to have a significant economic
impact on a substantial number of small entities and a final regulatory
flexibility analysis is not required. As discussed in the IRFA, the
regulations affect actuaries who apply for enrollment as an enrolled
actuary or renewal of enrollment with the Joint Board. Only
individuals, not businesses, can apply for new enrollment or to renew
enrolled actuary certification. Therefore, the economic impact of these
regulations, an increase of $143.33 per year for the three-year
enrollment period, on any small entity generally will be the result of
an individual actuary owning a small business, or a small business
employing an actuary and requiring the individual to apply for enrolled
actuary status or renew as an enrolled actuary with the Joint Board.
Pursuant to the RFA (5 U.S.C. chapter 6), it is hereby certified that
these regulations will not have a significant economic impact on a
substantial number of small entities.
Pursuant to section 7805(f) of the Internal Revenue Code, the
notice of proposed rulemaking was submitted to the Office of Chief
Counsel for Advocacy of the Small Business Administration (SBA) for
comment on its impact on small business. The Chief Counsel for the
Office of Advocacy of the SBA did not provide any comments.
III. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires that agencies assess anticipated costs and benefits and take
certain other actions before issuing a final rule that includes any
Federal mandate that may
[[Page 72370]]
result in expenditures in any one year by a state, local, or tribal
government, in the aggregate, or by the private sector, of $100 million
in 1995 dollars, updated annually for inflation. This rule does not
include any Federal mandate that may result in expenditures by state,
local, or tribal governments, or by the private sector in excess of
that threshold.
IV. Executive Order 13132: Federalism
Executive Order 13132 (Federalism) prohibits an agency from
publishing any rule that has federalism implications if the rule either
imposes substantial, direct compliance costs on state and local
governments, and is not required by statute, or preempts state law,
unless the agency meets the consultation and funding requirements of
section 6 of the Executive order. These final regulations do not have
federalism implications and do not impose substantial direct compliance
costs on state and local governments or preempt state law within the
meaning of the Executive order.
V. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
Drafting Information
The principal author of these regulations is Carolyn M. Lee, Office
of the Associate Chief Counsel (Procedure and Administration). Other
personnel from the Treasury Department and the IRS participated in the
development of the regulations.
List of Subjects in 26 CFR Part 300
Reporting and recordkeeping requirements, Use fees.
Adoption of Amendments to the Regulations
Accordingly, the Treasury Department and the IRS amend 26 CFR part
300 as follows:
PART 300--USER FEES
0
Paragraph 1. The authority citation for part 300 continues to read as
follows:
Authority: 31 U.S.C. 9701.
0
Par. 2. Section 300.7 is amended by revising paragraphs (b) and (d) to
read as follows:
Sec. 300.7 Enrollment of enrolled actuary fee.
* * * * *
(b) Fee. The fee for initially enrolling as an enrolled actuary
with the Joint Board for the Enrollment of Actuaries is $680.00.
* * * * *
(d) Applicability date. This section is applicable beginning
November 20, 2023.
0
Par. 3. Section 300.8 is amended by revising paragraphs (b) and (d) to
read as follows:
Sec. 300.8 Renewal of enrollment of enrolled actuary fee.
* * * * *
(b) Fee. The fee for renewal of enrollment as an enrolled actuary
with the Joint Board for the Enrollment of Actuaries is $680.00.
* * * * *
(d) Applicability date. This section is applicable beginning
November 20, 2023.
Douglas W. O'Donnell,
Deputy Commissioner for Services and Enforcement.
Approved: October 4, 2023.
Lily L. Batchelder,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2023-23301 Filed 10-19-23; 8:45 am]
BILLING CODE 4830-01-P