88 FR 35 pgs. 11278-11283 - Semiannual Agenda and Regulatory Plan
Type: PRORULEVolume: 88Number: 35Pages: 11278 - 11283
Pages: 11278, 11279, 11280, 11281, 11282, 11283FR document: [FR Doc. 2023-02032 Filed 2-21-23; 8:45 am]
Agency: Treasury Department
Official PDF Version: PDF Version
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DEPARTMENT OF THE TREASURY
31 CFR Subtitles A and B
Semiannual Agenda and Regulatory Plan
AGENCY:
Department of the Treasury.
ACTION:
Semiannual Regulatory Agenda and Annual Regulatory Plan.
SUMMARY:
This notice is given pursuant to the requirements of the Regulatory Flexibility Act and Executive Order (E.O.) 12866 ("Regulatory Planning and Review"), which require the publication by the Department of a semiannual agenda of regulations. E.O. 12866 also requires the publication by the Department of a regulatory plan for the upcoming fiscal year. The purpose of the agenda is to provide advance information about pending regulatory activities and encourage public participation in the regulatory process.
FOR FURTHER INFORMATION CONTACT:
The Agency contact identified in the item relating to that regulation.
SUPPLEMENTARY INFORMATION:
The semiannual regulatory agenda includes regulations that the Department has issued or expects to issue and rules currently in effect that are under departmental or bureau review. For this edition of the regulatory agenda, the most important significant regulatory actions and a Statement of Regulatory Priorities are included in the Regulatory Plan, which appears in both the online Unified Agenda and in part II of the Federal Register publication that includes the Unified Agenda.
The complete Unified Agenda will be available online at www.reginfo.gov and www.regulations.gov in a format that offers users an enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agenda required by the Regulatory Flexibility Act (5 U.S.C. 602), Treasury's printed agenda entries include only:
(1) Rules that are in the regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and
(2) Rules that have been identified for periodic review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. Additional information on these entries is available in the Unified Agenda published on the internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan will continue to be printed in the Federal Register , as in past years.
The Department has listed in this agenda all regulations and regulatory reviews pending at the time of publication, except for technical, minor, and routine actions. On occasion, a regulatory matter may be inadvertently left off of the agenda or an emergency may arise that requires the Department to initiate a regulatory action not yet on the agenda. There is no legal significance to the omission of an item from this agenda. For most entries, Treasury includes a projected date for the next rulemaking action; however, the date is an estimate and is not a commitment to publish on the projected date. In addition, some agenda entries are marked as "withdrawn" when there has been no publication activity. Withdrawal of a rule from the agenda does not necessarily mean that a rule will not be included in a future agenda but may mean that further consideration is warranted and that the regulatory action is unlikely in the next 12 months.
Public participation in the rulemaking process is the foundation of effective regulations. For this reason, the Department invites comments on all regulatory and deregulatory items included in the agenda and invites input on items that should be included in the semiannual agenda.
Michael Briskin,
Deputy Assistant General Counsel for General Law and Regulation.
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 399 | Section 6101. Establishment of National Exam and Supervision Priorities | 1506-AB52 |
| 400 | Real Estate Transaction Reports and Records | 1506-AB54 |
| 401 | Beneficial Ownership Information Access and Safeguards, and Use of FinCEN Identifiers for Entities | 1506-AB59 |
| 402 | Revisions to Customer Due Diligence Requirements for Financial Institutions | 1506-AB60 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 403 | Section 6212. Pilot Program on Sharing of Information Related to Suspicious Activity Reports Within a Financial Group | 1506-AB51 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 404 | Amendments to the Definition of Broker or Dealer in Securities (Crowd Funding) | 1506-AB36 |
| 405 | Clarification of the Requirement to Collect, Retain, and Transmit Information on Transactions Involving Convertible Virtual Currencies and Digital Assets With Legal Tender Status | 1506-AB41 |
| 406 | Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets | 1506-AB47 |
| 407 | Section 6110. Bank Secrecy Act Application to Dealers in Antiquities and Assessment of Bank Secrecy Act Application to Dealers in Arts | 1506-AB50 |
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| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 408 | Beneficial Ownership Information Reporting Requirements | 1506-AB49 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 409 | Enforcement of Copyrights and the Digital Millennium Copyright Act | 1515-AE26 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 410 | Guidance on the Elimination of Interbank Offered Rates | 1545-BO91 |
| 411 | MEPs and the Unified Plan Rule | 1545-BO97 |
| 412 | Information Reporting of Health Insurance Coverage and Other Issues Under Sections 6055 and 6056 | 1545-BQ11 |
| Sequence No. | Title | Regulation Identifier No. |
|---|---|---|
| 413 | Section 42 Low-Income Housing Credit Average Income Test Regulations | 1545-BO92 |
| 414 | Requirements Related to Surprise Billing, Part 1 | 1545-BQ01 |
| 415 | Requirements Related to Surprise Billing, Part 2 | 1545-BQ02 |
| 416 | Requirements Related to Surprise Billing, Part 1 (Temporary Regulation) | 1545-BQ04 |
| 417 | Requirements Related to Surprise Billing, Part 2 (Temporary Regulation) | 1545-BQ05 |
DEPARTMENT OF THE TREASURY (TREAS)
Financial Crimes Enforcement Network (FINCEN)
Proposed Rule Stage
399. Section 6101. Establishment of National Exam and Supervision Priorities [1506-AB52]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
Abstract: FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) as part of the establishment of national exam and supervision priorities. The proposed rule implements Section 6101(b) of the Anti-Money Laundering Act of 2020 (AML Act), enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), that requires the Secretary of the Treasury (Secretary) to issue and promulgate rules for financial institutions to carry out the government-wide anti-money laundering and countering the financing of terrorism priorities (AML/CFT Priorities). The proposed rule: (i) incorporates a risk assessment requirement for financial institutions; (ii) requires financial institutions to incorporate AML/CFT Priorities into risk-based programs; and (iii) provides for certain technical changes. Once finalized, this proposed rule will affect all financial institutions subject to regulations under the Bank Secrecy Act and have AML/CFT program obligations.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 03/00/23 | |
| NPRM Comment Period End | 05/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: frc@fincen.gov.
RIN: 1506-AB52
400. Real Estate Transaction Reports and Records [1506-AB54]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
Abstract: FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) to address money laundering threats in the U.S. real estate sector.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| ANPRM | 12/08/21 | 86 FR 69589 |
| ANPRM Comment Period End | 02/07/22 | |
| NPRM | 04/00/23 | |
| NPRM Comment Period End | 06/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: frc@fincen.gov.
RIN: 1506-AB54
401. • Beneficial Ownership Information Access and Safeguards, and Use of FinCEN Identifiers for Entities [1506-AB59]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
[top] Abstract: FinCEN intends to issue a Notice of Proposed Rulemaking (NPRM) entitled Beneficial Ownership Information Access and Safeguards, and Use of FinCEN Identifiers for Entities. The proposed regulations will establish protocols to protect the security and confidentiality of the beneficial ownership information (BOI) that will
The third required rulemaking will revise the customer due diligence (CDD) requirements for financial institutions. FinCEN previously issued an Advance Notice of Proposed Rulemaking (ANPRM) entitled Beneficial Ownership Information Reporting Requirements on April 5, 2021, that solicited comments on a wide range of questions that concerned all three rulemakings. FinCEN also previously issued a Notice of Proposed Rulemaking with the same title on December 8, 2021 (BOI Reporting NPRM) that addressed only the first of the three rulemakings, but the comments FinCEN received related to all three subjects. This proposed rule reflects FinCEN's consideration of public comments that have been received in response to the ANPRM and BOI Reporting NPRM. The proposed rule will also re-issue certain provisions of the BOI Reporting NPRM related to the use of FinCEN identifiers.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 12/00/22 | |
| NPRM Comment Period End | 02/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: frc@fincen.gov.
RIN: 1506-AB59
402. • Revisions to Customer Due Diligence Requirements for Financial Institutions [1506-AB60]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
Abstract: FinCEN intends to issue an NPRM entitled Revisions to Customer Due Diligence Requirements for Financial Institutions, relating to Section 6403(d) of the Corporate Transparency Act (CTA). The CTA was enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA). Section 6403(d) of the CTA requires FinCEN to revise its customer due diligence (CDD) requirements for financial institutions to account for the changes created by the two other rulemakings FinCEN is required to issue pursuant to the CTA. With regard to the first required rulemaking, FinCEN issued a final rule entitled "Beneficial Ownership Information Reporting Requirements" (BOI reporting rule). The second required rulemaking relates to access by authorized recipients to beneficial ownership information (BOI) that will be reported to FinCEN and the use of FinCEN identifiers. FinCEN previously issued an ANPRM entitled Beneficial Ownership Information Reporting Requirements on April 5, 2021, that solicited comments on a wide range of questions that concerned all three rulemakings. FinCEN also previously issued a Notice of Proposed Rulemaking with the same title on December 8, 2021 (BOI Reporting NPRM) that addressed only the first of the three rulemakings, but the comments FinCEN received related to all three subjects. The proposed rule reflects FinCEN's consideration of public comments that have been received in response to the ANPRM and BOI Reporting NPRM. The CTA requires that the revisions to the CDD requirements be finalized within one year after the effective date of the BOI reporting rule.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 11/00/23 | |
| NPRM Comment Period End | 01/00/24 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: frc@fincen.gov.
RIN: 1506-AB60
DEPARTMENT OF THE TREASURY (TREAS)
Financial Crimes Enforcement Network (FINCEN)
Final Rule Stage
403. Section 6212. Pilot Program on Sharing of Information Related to Suspicious Activity Reports Within a Financial Group [1506-AB51]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
Abstract: FinCEN intends to issue a Final Rule in order to implement Section 6212 of the Anti-Money Laundering Act of 2020 (the AML Act). This section amends the Bank Secrecy Act (31 U.S.C. 5318(g)) to establish a pilot program that permits financial institutions to share suspicious activity report (SAR) information with their foreign branches, subsidiaries, and affiliates for the purpose of combating illicit finance risks. The section further requires the Secretary of the Treasury to issue rules to implement the amendment within one year of enactment of the AML Act.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 01/25/22 | 87 FR 3719 |
| NPRM Comment Period End | 03/28/22 | |
| Final Rule | 08/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183, Phone: 800 767-2825, Email: frc@fincen.gov.
RIN: 1506-AB51
DEPARTMENT OF THE TREASURY (TREAS)
Financial Crimes Enforcement Network (FINCEN)
Long-Term Actions
404. Amendments to the Definition of Broker or Dealer in Securities (Crowd Funding) [1506-AB36]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5332
[top] Abstract: FinCEN is finalizing amendments to the regulatory definitions of "broker or dealer in securities" under the regulations implementing the Bank Secrecy Act. The changes are intended to expand the
Note:
This is not a new requirement; it replaces RINs 1506-AB24 and 1506-AB29.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 04/04/16 | 81 FR 19086 |
| NPRM Comment Period End | 06/03/16 | |
| Final Action | To Be Determined |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767-2825, Email: frc@fincen.gov .
RIN: 1506-AB36
405. Clarification of the Requirement To Collect, Retain, and Transmit Information on Transactions Involving Convertible Virtual Currencies and Digital Assets With Legal Tender Status [1506-AB41]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
Abstract: The Board of Governors of the Federal Reserve System and FinCEN (collectively, the "Agencies") intend to issue a revised proposal to clarify the meaning of "money" as used in the rules implementing the Bank Secrecy Act requiring financial institutions to collect, retain, and transmit information on certain funds transfers and transmittals of funds. The Agencies intend that the revised proposal will ensure that the rules apply to domestic and cross-border transactions involving convertible virtual currency, which is a medium of exchange (such as cryptocurrency) that either has an equivalent value as currency, or acts as a substitute for currency, but lacks legal tender status. The Agencies further intend that the revised proposal will clarify that these rules apply to domestic and cross-border transactions involving digital assets that have legal tender status.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 10/27/20 | 85 FR 68005 |
| NPRM Comment Period End | 11/27/20 | |
| Second NPRM | 02/00/24 | |
| Second NPRM Comment Period End | 04/00/24 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767-2825, Email: frc@fincen.gov .
RIN: 1506-AB41
406. Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets [1506-AB47]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
Abstract: FinCEN is amending the regulations implementing the Bank Secrecy Act (BSA) to require banks and money service businesses (MSBs) to submit reports, keep records, and verify the identity of customers in relation to transactions involving convertible virtual currency (CVC) or digital assets with legal tender status ("legal tender digital assets" or "LTDA") held in unhosted wallets, or held in wallets hosted in a jurisdiction identified by FinCEN.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 12/23/20 | 85 FR 83840 |
| NPRM Comment Period End | 01/04/21 | |
| Final Action | 02/00/24 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767-2825, Email: frc@fincen.gov .
RIN: 1506-AB47
407. Section 6110. Bank Secrecy Act Application to Dealers in Antiquities and Assessment of Bank Secrecy Act Application to Dealers in Arts [1506-AB50]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
Abstract: FinCEN intends to issue a Notice of Proposed Rulemaking to implement Section 6110 of the Anti-Money Laundering Act of 2020 (the AML Act). This section amends the Bank Secrecy Act (31 U.S.C. 5312(a)(2)) to include as a financial institution a person engaged in the trade of antiquities, including an advisor, consultant, or any other person who engages as a business in the solicitation or the sale of antiquities, subject to regulations prescribed by the Secretary of the Treasury. The section further requires the Secretary of the Treasury to issue proposed rules to implement the amendment within 360 days of enactment of the AML Act.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| ANPRM | 09/24/21 | 86 FR 53021 |
| ANPRM Comment Period End | 10/25/21 | |
| NPRM | To Be Determined |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767-2825, Email: frc@fincen.gov .
RIN: 1506-AB50
DEPARTMENT OF THE TREASURY (TREAS)
Financial Crimes Enforcement Network (FINCEN)
Completed Actions
408. Beneficial Ownership Information Reporting Requirements [1506-AB49]
Legal Authority: 12 U.S.C. 1829b; 12 U.S.C. 1951 to 1960; 31 U.S.C. 5311 to 5314; 31 U.S.C. 5316 to 5336
[top] Abstract: On September 30, 2022, FinCEN issued a final rule entitled "Beneficial Ownership Information Reporting Requirements" (BOI reporting rule), requiring certain entities to file with FinCEN reports that identify two categories of individuals: the beneficial owners of the entity, and individuals who have filed an application with specified governmental authorities to create the entity or register it to do business. These regulations implement Section 6403 of the Corporate Transparency Act (CTA), enacted into law as part of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), and describe who must file a report, what information must be provided, and when a report is due. This final rule is the first of three rulemakings FinCEN is required to issue pursuant to the CTA. The other two required rulemakings which are discussed elsewhere in this regulatory plan are: (i) a regulation focused on establishing protocols to protect the security and confidentiality of beneficial ownership information (BOI) that will be reported to FinCEN, establishing the terms of access by authorized recipients
Completed:
| Reason | Date | FR Cite |
|---|---|---|
| Final Action | 09/30/22 | 87 FR 59498 |
| Final Action Effective | 01/01/24 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: FinCEN Regulatory Support Section, Phone: 800 767-2825, Email: frc@fincen.gov .
RIN: 1506-AB49
BILLING CODE 4810-02-P
DEPARTMENT OF THE TREASURY (TREAS)
Customs Revenue Function (CUSTOMS)
Final Rule Stage
409. Enforcement of Copyrights and the Digital Millennium Copyright Act [1515-AE26]
Legal Authority: Title III of the Trade Facilitation and Trade Enforcement Act of 2015 (Pub. L. 114-125); 19 U.S.C. 1595a(c)(2)(G); 19 U.S.C. 1624
Abstract: This rule amends the U.S. Customs and Border Protection (CBP) regulations pertaining to importations of merchandise that violate or are suspected of violating the copyright laws in accordance with title III of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA) and certain provisions of the Digital Millennium Copyright Act (DMCA).
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 10/16/19 | 84 FR 55251 |
| NPRM Comment Period End | 12/16/19 | |
| Final Rule | 07/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alaina Van Horn, Chief, Intellectual Property Enforcement Branch, Department of the Treasury, Customs Revenue Function, 1331 Pennsylvania Avenue NW, Washington, DC 20229, Phone: 202 325-0083, Email: alaina.vanhorn@cbp.dhs.gov .
RIN: 1515-AE26
BILLING CODE 9111-14-P
DEPARTMENT OF THE TREASURY (TREAS)
Internal Revenue Service (IRS)
Final Rule Stage
410. Guidance on the Elimination of Interbank Offered Rates [1545-BO91]
Legal Authority: 26 U.S.C. 882c and 7805; 26 U.S.C. 7805
Abstract: The final regulations will provide guidance on the tax consequences of the phased elimination of interbank offered rates (IBORs) that is underway in the United States and many foreign countries. Taxpayers have requested guidance that addresses the transition from IBOR to other reference rates and the determination of the interest expense deduction of a foreign corporation.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 10/09/19 | 84 FR 54068 |
| NPRM Comment Period End | 11/25/19 | |
| Final Action (TD 9961) | 01/04/22 | 87 FR 166 |
| Final Action Effective | 03/07/22 | |
| Final Action | 04/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Caleb Trimm, Attorney, Department of the Treasury, Internal Revenue Service, 1111 Constitution Avenue NW, Room 4579, Washington, DC 20224, Phone: 202 317-6002, Fax: 855 589-8672, Email: caleb.w.trimm2@irscounsel.treas.gov .
RIN: 1545-BO91
411. MEPS and the Unified Plan Rule [1545-BO97]
Legal Authority: 26 U.S.C. 7805; 26 U.S.C. 413
Abstract: These proposed regulations provide guidance relating to the tax qualification of multiple employer plans (MEPs) described in section 413(e) of the Internal Revenue Code (Code). The proposed regulations would provide an exception, if certain requirements are met, to the application of the "unified plan rule" for section 413(e) MEPs in the event of a failure by one or more participating employers to take actions required of them to satisfy the requirements of section 401(a) or 408 of the Code. The regulations affect participants in MEPs, MEP sponsors and administrators, and employers maintaining MEPs.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 07/03/19 | 84 FR 31777 |
| NPRM Comment Period End | 10/01/19 | |
| Second NPRM | 03/28/22 | 87 FR 17225 |
| Second NPRM Comment Period End | 05/27/22 | |
| Final Action | 05/00/23 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jamie Dvoretzky, Attorney, Department of the Treasury, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224, Phone: 202 317-4836, Fax: 885 605-5282, Email: jamie.l.dvoretzky@irscounsel.treas.gov .
RIN: 1545-BO97
412. Information Reporting of Health Insurance Coverage and Other Issues Under Sections 6055 and 6056 [1545-BQ11]
Legal Authority: 26 U.S.C. 7805; 26 U.S.C. 5000A; 26 U.S.C. 6056
Abstract: These regulations revise notice and filing requirements under sections 6055 and 6056 of the Internal Revenue Code. The regulations are needed to provide health coverage reporters an extension of time in which to furnish certain statements and an alternative manner of allowing certain health coverage reporters to provide information to covered individuals. These regulations also provide that the term "minimum essential coverage", as that term is defined in health insurance-related tax laws, does not include Medicaid coverage limited to COVID-19 testing and diagnostic services provided pursuant to the Families First Coronavirus Response Act.
Timetable:
| Action | Date | FR Cite |
|---|---|---|
| NPRM | 12/06/21 | 86 FR 68939 |
| NPRM Comment Period End | 02/04/22 | |
| Final Action | 12/00/22 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gerald Semasek, Attorney, Department of the Treasury, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20024, Phone: 202 317-7006, Fax: 855 576-2339, Email: gerald.semasek@irscounsel.treas.gov .
RIN: 1545-BQ11
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DEPARTMENT OF THE TREASURY (TREAS)
Internal Revenue Service (IRS)
Completed Actions
413. Section 42 Low-Income Housing Credit Average Income Test Regulations [1545-BO92]
Legal Authority: 26 U.S.C. 7805; 26 U.S.C. 42
Abstract: The Consolidated Appropriations Act of 2018 added a new applicable minimum set-aside test under section 42(g) of the Internal Revenue Code known as the average income test. This proposed regulation will implement requirements related to the average income test.
Completed:
| Reason | Date | FR Cite |
|---|---|---|
| Final Action | 10/12/22 | 87 FR 61489 |
| Final Action Effective | 10/12/22 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Dillon J. Taylor, Phone: 202 317-3734, Email: dillon.j.taylor@irscounsel.treas.gov .
RIN: 1545-BO92
414. Requirements Related to Surprise Billing, Part 1 [1545-BQ01]
Legal Authority: 26 U.S.C. 7805; Pub. L. 116-260, Division BB, Title I and Title II
Abstract: The regulations implement the protections against surprise medical bills under the No Surprises Act, including requirements on group health plans, issuers offering group or individual health insurance coverage, providers, facilities, and providers of air ambulance services.
Completed:
| Reason | Date | FR Cite |
|---|---|---|
| TD 9965 Final Rules | 08/26/22 | 87 FR 52618 |
| Final Action Effective | 10/25/22 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shira McKinlay, Phone: 202 317-5500, Email: shira.b.mckinlay@irscounsel.treas.gov .
RIN: 1545-BQ01
415. Requirements Related to Surprise Billing, Part 2 [1545-BQ02]
Legal Authority: 26 U.S.C. 7805; Pub. L. 116-260, Division BB, Title I and Title II
Abstract: The regulations would implement additional protections against surprise medical bills under the No Surprises Act, including provisions related to the independent dispute resolution process.
Completed:
| Reason | Date | FR Cite |
|---|---|---|
| TD 9965 Final Rules | 08/26/22 | 87 FR 52618 |
| Final Action Effective | 10/25/22 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Shira McKinlay, Phone: 202 317-5500, Email: shira.b.mckinlay@irscounsel.treas.gov .
RIN: 1545-BQ02
416. Requirements Related to Surprise Billing, Part 1 (Temporary Regulation) [1545-BQ04]
Legal Authority: 26 U.S.C. 7805; Pub. L. 116-260, Division BB, Title I and Title II
Abstract: This temporary regulation implements the protections against surprise medical bills under the No Surprises Act.
Completed:
| Reason | Date | FR Cite |
|---|---|---|
| Final Rule and Removal of Temporary Regulations: TD 9951 | 08/26/22 | 87 FR 52618 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kari L. DiCecco, Phone: 202 317-5500, Email: kari.l.dicecco@irscounsel.treas.gov .
RIN: 1545-BQ04
417. Requirements Related to Surprise Billing, Part 2 (Temporary Regulation) [1545-BQ05]
Legal Authority: 26 U.S.C. 7805; Pub. L. 116-260, Division BB, Title I and Title II
Abstract: This temporary regulation would implement additional protections against surprise medical bills under the No Surprises Act and certain provisions related to Title II of Division BB of the Consolidated Appropriations Act.
Completed:
| Reason | Date | FR Cite |
|---|---|---|
| Final Rule and Removal of Temporary Regulations: TD 9955 | 08/26/22 | 87 FR 52618 |
| Final Rule Effective | 10/25/22 |
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kari L. DiCecco, Phone: 202 317-5500, Email: kari.l.dicecco@irscounsel.treas.gov .
RIN: 1545-BQ05
[FR Doc. 2023-02032 Filed 2-21-23; 8:45 am]
BILLING CODE 4810-01-P