[Federal Register Volume 61, Number 209 (Monday, October 28, 1996)]
[Rules and Regulations]
[Pages 55690-55707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27365]
[[Page 55689]]
_______________________________________________________________________
Part II
Department of the Treasury
_______________________________________________________________________
Fiscal Service
Bureau of the Public Debt
_______________________________________________________________________
31 CFR Part 344
Regulations Governing United States Treasury Certificates of
Indebtedness, Treasury Notes, and Treasury Bonds--State and Local
Government Series; Final Rule
Demand Deposit Securities of the State and Local Government Series;
Notice
Federal Register / Vol. 61, No. 209 / Monday, October 28, 1996 /
Rules and Regulations
[[Page 55690]]
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 344
[Department of the Treasury Circular, Public Debt Series No. 3-72]
Regulations Governing United States Treasury Certificates of
Indebtedness, Treasury Notes, and Treasury Bonds--State and Local
Government Series
AGENCY: Bureau of the Public Debt, Fiscal Service, Treasury.
ACTION: Final rule.
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SUMMARY: The Department of the Treasury hereby publishes a final rule
governing United States Treasury Certificates of Indebtedness, Notes,
and Bonds of the State and Local Government Series (SLGS). These
securities are available for purchase by issuers of state and local
government bonds described in Section 103 of the Internal Revenue Code
for proceeds (or amounts treated as proceeds) which are subject to
yield restrictions or arbitrage rebate requirements of the Income Tax
regulations under sections 103, 148, 149 and 150 of the Internal
Revenue Code (tax regulations). This final rule makes the SLGS
securities program more flexible in a manner consistent with tax policy
objectives.
DATEs: The regulations are effective October 28, 1996, for securities
where the subscription is received on or after October 28, 1996 and are
applicable except that the revised notice period for early redemptions
applies to all SLGS issues. Subscribers for SLGS securities can
continue to use the current forms, lining out any obsolete parts, until
new forms are distributed.
FOR FURTHER INFORMATION CONTACT: Fred Pyatt, Director, or Howard
Stevens, Supervisory Program Analyst, Division of Special Investments,
at 304-480-7752 or Ed Gronseth, Deputy Chief Counsel, or Jim Kramer-
Wilt, Attorney/Adviser, Office of the Chief Counsel, at 304-480-5190.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Treasury, Bureau of the Public Debt, is
attempting to make the SLGS securities program more attractive and
flexible for State and local government issuers of debt obligations
that are subject to the arbitrage and rebate rules of the Internal
Revenue Code. It is the Department's intent to do so in a manner
consistent with tax policy objectives and in a manner that is cost
effective.
In recent years, market participants have advised the Department
that aspects of the existing SLGS securities regulations impose burdens
that are not needed or cost effective. On April 30, 1996, the
Department published an Advanced Notice of Proposed Rulemaking, noting
ten general changes the Department was considering in order to make the
SLGS securities program more flexible.
There were eight letters received commenting on the Advanced Notice
of Proposed Rulemaking (ANPR). In general, the comments were in favor
of the ten items contained in the ANPR. Several comments suggested
specific parameters for some of the ten items while others suggested
the Treasury Department consider changes not contained in the ANPR.
On July 26, 1996, the Department published a proposed rule,
outlining specific changes to the SLGS securities program. There were
five letters received which provided seven different comments on the
proposed rule.
(a) One commenter suggested that the Department consider amending
31 CFR Sec. 344.2(a)(3) to permit issuing bonds with a maturity period
exceeding 30 years. The commenter acknowledged that the calculation of
SLGS securities rates past the 30-year yield curve would be difficult
and indicated a willingness to accept a 30-year rate for maturities in
excess of 30 years.
The Department amended the final rule to permit the issuance of
bonds with maturities of up to 40 years. The maximum applicable rate
for securities with a maturity in excess of 30 years is the 30-year
rate.
(b) There were four comments received concerning the apparent
elimination of the ``mailbox rule''. This rule had provided that the
applicable rate table for any subscription was the one in effect on the
date the initial subscription was faxed, post-marked or carrier date-
stamped, rather than on the date received under the proposed rule. The
commenters argued that if a subscriber could not lock in the SLGS rate
on the pricing date, many issuers will choose open market securities in
order to lock in the required yield.
The commenters argued for issuers to have the option to use the
mailbox rule, rather than the ``actual receipt'' rule. The comments
suggested that in order to accommodate the Department's need for five
or seven days notice, the regulations should permit the issuer to lock
in the maximum interest rate by mailing the initial subscription, so
long as a copy of the initial subscription form (clearly marked to
indicate it is a duplicate of the mailed subscription), together with
proof of mailing is separately sent by means reasonably designed to
arrive at the Bureau of the Public Debt within the required five/seven
days notice period.
The Department considered this suggestion and amended the final
rule to provide that an issuer can either lock in a SLGS rate with a
timely fax to the Division of Special Investments, or, if a
subscription is mailed, it must be received by Public Debt on or before
the required five/seven day notice period in order to lock in the SLGS
rate for the day of mailing.
The Department considers it the responsibility of the subscriber to
confirm the receipt of any fax sent to Public Debt. The Division of
Special Investments has multiple fax machines that register the fax
number of the subscriber, even if a paper jam occurs. Therefore,
subscribers sending faxed subscriptions after the close of business at
Public Debt on the last day of the notice period should not have a
problem getting their fax timely received or getting confirmation the
next morning. If a failed attempt to subscribe is confirmed the
following morning, the subscriber can lock in the SLGS rates for the
previous day by immediately faxing another subscription.
(c) There were four comments stating that the addition in the
proposed rule of two new standards under which the Secretary can revoke
a subscription, 31 CFR Sec. 344.1(f)(3)(ii) and 31 CFR
Sec. 344.1(f)(3)(iii), are too ambiguous and, unlike non-callable open
market securities, permit the revocation of a SLGS subscription after
issuance. One of the commenters suggested that the previous language be
reinstated and that the regulations require a certification by the
subscriber that the amounts invested were gross proceeds of a tax-
exempt bond. Another commenter suggested that the authority of the
Secretary to revoke issuance of SLGS securities be limited to
circumstances where the issuance of SLGS securities is inconsistent
with the SLGS regulations and the Secretary determines that revocation
is in the public interest.
The Department considered the issues raised by these comments and
has deleted the language of the proposed regulations and has retained
the authority of the Secretary to revoke subscriptions for improper
certifications consistent with the previous regulations. Use of SLGS
securities in a manner which violates the tax regulations will be dealt
with under the tax laws.
(d) Another comment suggested that the Department consider issuing
zero interest SLGS securities where the
[[Page 55691]]
subscriptions for such securities are received more than 60 days before
the issue date (the current requirement). The suggestion was that the
Department extend this period to one year.
The Department decided that maintaining subscription requests for
longer than 60 days is an administrative burden and is not including
this suggestion in the final rule.
(e) One comment suggested that Public Debt put the daily SLGS
interest rate table on the World Wide Web.
Public Debt is currently posting these rates on the Internet at
ftp://ftp.publicdebt.treas.gov/secrate.txt
(f) Another comment advised that the terms used in the summary of
the proposed regulations and the text of the proposed regulations to
describe amounts which can be invested in SLGS securities are
inconsistent and create ambiguity.
The Department considered the suggestion and amended section
344.0(a) to specify that SLGS can be purchased with any amounts that
constitute gross proceeds of an issue or any other amounts which assist
an issuer of tax-exempt bonds in complying with any applicable
provisions of the Internal Revenue Code relating to such tax exemption.
(g) The final comment expressed the concern that the requirement
for a subscriber to provide the employer identification number only for
the issuer would unfairly penalize issuers in cases where the six-month
penalty for failure to settle a SLGS securities subscription is due to
the actions of a conduit borrower.
The concern of the commenter was that most states and cities have
loan programs for various purposes such as housing, health care and
education which service multiple conduit obligors. However, if any one
conduit obligor's failure to comply could subject all conduit obligors
under such a program to a six-month freeze-out, then no conduit obligor
could structure its plan of investment based on the assumption that
SLGS securities would be available to it as needed.
The Department decided to amend the language of section 344.1(h) to
provide that the six-month penalty applies to the government body
unless the government body provides the Tax Identification Number of
the conduit borrower to the Department when non-settlement occurs.
The Department made three additional changes that clarify or
improve the SLGS securities program.
(i) In section 344.5(a)(3)(ii), it is now clear that either a
premium or discount can occur when calculating early redemption value,
depending on whether the Treasury borrowing rate is lower or higher
than the stated interest rate of the early-redeemed SLGS security.
The Department added language to this section and to Appendix B to
make this clarification.
(ii) The maximum amount by which a subscription can be amended is
given greater flexibility by making the standard of section
344.3(b)(3)(ii) ``the greater of $10 million or ten percent of the
initial subscription amount.''
(iii) Section 344.5(a)(3)(ii) is revised to read that the term
``current Treasury borrowing rate'' means the applicable rate shown in
the table of maximum interest rates payable on United States
securities--State and Local government Series, for the day the request
for early redemption is received by Public Debt, plus 5 basis points.
Sections 344.5(a)(4)(ii) and 344.5(a)(5)(iii) are revised to refer to
the definition of the term ``current Treasury borrowing rate'' as set
forth in section 344.5(a)(3)(ii).
II. Section By Section Summary
Subpart A--General Information
Provisions included in the general information section apply to time
deposit and demand deposit State and Local Government Series
securities. Changes from the 1995 regulations are as follows:
Subpart A--General Information
(1) Section 344.0(a)--This section is amended to read that SLGS can
be purchased with any amounts that constitute gross proceeds of an
issue or any other amounts which assist an issuer of tax-exempt bonds
in complying with applicable provisions of the Internal Revenue Code
relating to such tax exemption.
(2) Section 344.0(b)--This section is changed to redefine the term
``government body'' to make it clear SLGS securities are issued only to
state and local governments and not to conduit borrowers.
(3) Section 344.0(c)--A new section is added to indicate that time
deposit SLGS securities are issued in a minimum amount of $1,000, or in
any increments of not less than $1.00. Demand Deposit securities are
still issued in any increment over the $1,000 minimum. The minimum
maturity period for zero percent certificates of indebtedness is
reduced from thirty days to fifteen days.
(4) Section 344.1(a)--This section is changed to note that copies
of the circular can be obtained from the Division of Special
Investments.
(5) Section 344.1(h)--A new section is added on noncompliance which
applies to all subparts and the previous noncompliance section in each
subpart is deleted. This section also clarifies that late payment fees
and administrative fees are due on demand. This section further
clarifies that the term ``government body'' is defined as the state or
local government entity rather than the conduit borrower for the
placement of the penalty for non-compliance, unless the state or local
government entity provides the Tax Identification Number of the conduit
borrower that caused the non-settlement to occur.
(6) Section 344.1(i)--Another general section is added, titled
General Redemption Provisions, stating a security will not be called
for redemption by the Secretary of the Treasury prior to maturity. If a
security matures on a non-business day, it will be redeemed on the next
business day. This section applies to all subparts and duplications of
this section that exist in the previous regulations are deleted.
(7) Section 344.1(j)--A new section is added to clarify that any
reference to days refers to calendar days, unless otherwise noted.
Subpart B--Time Deposit Securities
(1) Section 344.2(a)(1)--The reference to the $1,000 minimum is
deleted.
(2) Section 344.2(a)(2)--In light of Section 344.0(c), the
reference to the $1,000 minimum amount and the $100 increment above
this amount is deleted.
(3) Section 344.2(a)(3)--In light of Section 344.0(c), the
reference to the $1,000 minimum amount and the increment above this
amount is deleted. This section is also amended to provide for the
issuance of bonds with maturities up to 40 years. The maximum
applicable rate for securities with maturities in excess of 30 years is
the 30-year rate.
(4) Section 344.2(b)--The last sentence of this section states the
rates specified in the tables are five basis points below the then
current estimated Treasury borrowing rate for a security of comparable
maturity.
(5) Section 344.2(c)(2)--This section is amended to provide for
alternative methods of payment of redemptions prior to maturity, such
as by Fedwire.
(6) Section 344.3(b)(1)--This section is amended to indicate that
subscriptions must be received by Public Debt at least five days prior
to issue date for subscriptions of $10 million or less and seven days
for subscriptions of more than $10 million. Subscriptions of $10
million or less can be canceled without penalty up to five
[[Page 55692]]
days before the date of issuance. Subscriptions of more than $10
million can be canceled without penalty up to seven days before the
date of issuance.
This section also notes that a subscription sent in letter form
will not be accepted unless it provides the Tax Identification Number
of the government body.
In the example of an initial subscription in letter form, the words
``or other entity'' have been deleted to emphasize that the proper Tax
Identification Number to insert is that of the state or local
government owner, not that of a trustee bank or a conduit borrower.
This section further provides that a subscriber can lock in the
SLGS rates for the day it either sends a fax to Public Debt on or
before the five/seven day notice period or by mailing a subscription,
provided the mailed subscription is received by Public Debt on or
before the five/seven day notice period. It is the responsibility of
the sender of the fax to confirm its receipt.
(7) Section 344.3(b)(4)--This section is revised to read that no
initial subscription is required when a final subscription is received
at least five days before the issue date for subscriptions of $10
million or less or at least seven days before the issue date for
subscriptions of over $10 million.
(8) Section 344.3(c)--This section is amended to eliminate all
certifications other than the former section 344.3(c)(3), which has
been revised. The ``all or nothing'' rule of the certification in the
former section 344.3(c)(1) is eliminated to facilitate the use of the
time deposit securities for investment of proceeds that are subject to
arbitrage rebate. This change alleviates some of the need to calculate
rebate if funds can be invested at the bond yield for a longer term. In
general, to the extent that the certifications were a result of
concerns about abuse of the tax regulations and the SLGS program, the
Department determined that the yield restriction and rebate rules are
more appropriately enforced under the tax regulations. The
certification formerly in section 344.3(c)(3) is revised to apply only
to SLGS securities subscribed for prior to December 27, 1976. The
certification formerly in section 344.3(c)(4) is eliminated because of
certain prior changes to the SLGS securities regulations (such as the
change to daily SLGS securities rates), and because of changes to the
early redemption penalties under section 344.5, contained in these
final regulations. Additionally, the word ``beneficial owner'' is
changed to ``government body'' to make it clear that the proper Tax
Identification Number is that of the government entity.
(9) Section 344.3(b)(3)(ii)--This section is amended to read that
the aggregate subscription amount can not be changed by more than the
greater of $10 million or ten percent of the initial subscription
amount.
(10) Section 344.4(b)--This section is eliminated.
(11) Section 344.3(b)(4)(c)--This section is amended to read that
the final subscription must be for a total principal amount that is no
more than the greater of either $10 million or ten percent above or
below the aggregate principal amount specified in the initial
subscription.
(12) Section 344.5(a)--This section is eliminated.
(13) Section 344.5(b)(1)--This section is renumbered 344.5(a)(1)
and is amended to provide that zero interest certificates can be
redeemed before maturity at the owner's option no earlier than fifteen
days before maturity for certificates of fifteen to twenty-nine days
duration and no earlier than thirty days after the issue date in the
case of all other certificates, notes or bonds.
(14) Section 344.5(a)(2)--This section is a new section number and
the body of the section consists of the former section 344.5(b)(2). It
is amended to change the word ``subscriber'' to ``government body'' in
the 3rd sentence of this section. This section is further amended to
read that notice of redemption must be received by Public Debt no less
than ten days before the requested redemption date, rather than the
current fifteen-day requirement.
(15) Section 344.5(a)(3)--This is a new section which provides for
the calculation of redemption proceeds for SLGS securities subscribed
for on or after the effective date of this final rule. This section
changes the formula for determining the early redemption value of SLGS
securities to one where the remaining interest and principal payments
are discounted by the current Treasury borrowing rate for the remaining
term to maturity of the security redeemed.
This results in a premium or a discount in cases where the Treasury
borrowing rate is lower or higher than the stated interest rate of the
SLGS securities. This section further refers to Appendix B at the end
of Part 344 for the calculation of the formula.
This section provides no market charge for zero interest time
deposit securities. The redemption proceeds for a zero interest
security are a return of the principal invested.
(16) Sections 344.5(a)(3)(ii), 344.5(a)(4)(ii) and 344.5(a)(5)(iii)
are amended to redefine the term ``current Treasury borrowing rate''.
The term is defined in section 344.5(a)(3)(ii) and the other two
sections refer to the definition in this section.
(17) Sections 344.5(b)(3), (b)(4) and (b)(5)--These sections are
renumbered 344.5(a)(4), (a)(5) and (a)(6) respectively and remain
unchanged.
Subpart C--Demand Deposit Securities
(1) Section 344.6(a)--This section is revised to delete the
reference to a $1,000 minimum investment. This is now incorporated into
the new general section, 344.0(c).
(2) Section 344.6(b)(3)--Simultaneously with the publication of
these final regulations, the Department is publishing a Federal
Register notice which provides the marginal tax rate and the Treasury
Administrative Cost (TAC) used in the demand deposit program.
(3) Section 344.7(a)--This section is amended by stating that
subscriptions for $10 million or less must be received by Public Debt
at least five days prior to the date of issue and requires that
subscriptions of over $10 million be received by Public Debt at least
seven days prior to the date of issue.
(4) Section 344.7 (c)(1)--This section is removed since under the
final rule, the $35 million cap on issues of demand deposit securities
is eliminated.
(5) Section 344.7(c)(2) through (c)(6)--These sections are
eliminated because the certifications can be administered more
effectively under the tax regulations of Section 148 of the Internal
Revenue Code. The tax regulations will be amended to reflect the
transfer of these certifications (to the extent not already covered by
the tax regulations).
(6) Section 344.8(b)--This section is eliminated.
(7) Section 344.9(a)--This section is amended to state that notice
of redemptions for subscriptions of more than $10 million must be
received at least three business days prior to the scheduled date of
redemption. Redemption notice for subscriptions of $10 million or less
remains unchanged at one business day. This section also provides for
payments by Fedwire.
(8) Section 344.9(c)--This section is eliminated because the rules
regarding expenditure of proceeds are covered by the tax regulations.
Subpart D--Special Zero Interest Securities
(1) Section 344.10--This section is amended to state that the
Department has discontinued the issuance of this type of security as of
October 28, 1996.
[[Page 55693]]
The amendment to the time deposit security subpart, which permits
investment for rebate and yield restriction purposes, eliminates the
need for a separate Special Zero Interest Program. Under the revisions,
the following sections of this Subpart apply only to special zero
interest securities subscribed for before October 28, 1996. Subpart B,
governing time deposit securities, is changed in a manner that permits
the redemption of time deposit zero interest securities without
penalty. Investors that hold special zero interest securities
subscribed for before October 28, 1996 can still redeem these
securities without penalty.
(2) Section 344.11--This section is eliminated.
(3) Section 344.12--This section is eliminated.
(4) Section 344.13--This section is renumbered section 344.11 and
remains in effect for the special zero interest accounts now
outstanding. The word ``subscriber'' is changed to ``government body''
to clarify that the proper Tax Identification Number is that of the
government entity. Redemption notices must be received by Public Debt
within the proscribed limits.
Appendix A to Part 344--There is a clarifying statement that these
formulas apply to SLGS securities subscribed for before the effective
date of this final rule.
Appendix B to Part 344--This appendix contains a new formula for
determining the redemption value for all early-redeemed time deposit
SLGS securities. This formula reflects the change that the remaining
interest and principal payments are discounted by the Treasury
borrowing rate for the remaining term to maturity of the security
redeemed. This results in a premium or a discount, depending on whether
the Treasury borrowing rate is lower or higher than the stated interest
rate of the SLGS security.
Procedural Requirements
This final rule is not a significant regulatory action as defined
in Executive Order 12866. Therefore, an assessment of anticipated
benefits, costs and regulatory alternatives is not required.
This final rule relates to matters of public contract and
procedures for United States securities. The notice and public
procedures requirements of the Administrative Procedure Act are
inapplicable, pursuant to 5 U.S.C. 553(a)(2). Since no notice of
proposed Rulemaking was required, the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
The final rule does not alter the collection of information
previously reviewed and approved by the Office of Management and
Budget, in accordance with the requirements of the Paperwork Reduction
Act (44 U.S.C. 3507) under control number 1535-0091. The principal
purpose of the final rule is to make the SLGS securities program more
attractive and flexible for investors. The revision does not impose a
new collection of information requirement.
List of Subjects in 31 CFR Part 344
Bonds, Government securities, Securities.
Dated: October 21, 1996.
Gerald Murphy,
Fiscal Assistant Secretary.
For the reasons set forth in the preamble, Part 344 of title 31 of
the Code of Federal Regulations is revised to read as follows:
PART 344--REGULATIONS GOVERNING UNITED STATES TREASURY CERTIFICATES
OF INDEBTEDNESS, TREASURY NOTES, AND TREASURY BONDS--STATE AND
LOCAL GOVERNMENT SERIES
Subpart A--General Information
Sec.
344.0 Offering of securities.
344.1 General provisions.
Subpart B--Time Deposit Securities
344.2 Description of securities.
344.3 Subscription for purchase.
344.4 Issue date and payment.
344.5 Redemption.
Subpart C--Demand Deposit Securities
344.6 Description of securities.
344.7 Subscription for purchase.
344.8 Issue date and payment.
344.9 Redemption.
Subpart D--Special Zero Interest Securities
344.10 General.
344.11 Redemption.
Appendix A to Part 344--Early Redemption Market Charge Formulas and
Examples for Subscriptions From September 1, 1989, Through October 27,
1996
Appendix B to Part 344--Formula for Determining Redemption Value for
Securities Subscribed for and Early-Redeemed on or After October 28,
1996
Authority: 26 U.S.C. 141 note; 31 U.S.C. 3102.
Subpart A--General Information
Sec. 344.0 Offering of securities.
(a) In order to provide issuers of tax exempt securities with
investments from any amounts that constitute gross proceeds of an issue
or any other amounts which assist an issuer of tax-exempt bonds in
complying with applicable provisions of the Internal Revenue Code
relating to such tax exemption, the Secretary of the Treasury offers
for sale the following State and Local Government Series securities:
(1) Time deposit securities:
(i) United States Treasury Certificates of Indebtedness,
(ii) United States Treasury Notes, and
(iii) United States Treasury Bonds.
(2) Demand deposit securities--United States Treasury Certificates
of Indebtedness.
(b) As appropriate, the definitions of terms used in Part 344 are
those found in the relevant portions of the Internal Revenue Code and
the tax regulations. The term ``government body'' refers to issuers of
state or local government bonds described in section 103 of the
Internal Revenue Code.
(c) The securities in paragraph (a) of this section are issued in a
minimum amount of $1,000, or in any larger amount, in increments of not
less than $1.00 for time deposit securities and in any increments over
the $1,000 minimum for demand deposit securities.
(d) This offering continues until terminated by the Secretary of
the Treasury.
Sec. 344.1 General provisions.
(a) Regulations. United States Treasury securities--State and Local
Government Series shall be subject to the general regulations with
respect to United States securities, which are set forth in the
Department of the Treasury Circular No. 300 (31 CFR Part 306), to the
extent applicable. Copies of the circular can be obtained from the
Bureau of the Public Debt, Division of Special Investments--Room 309,
200 Third Street, P.O. Box 396, Parkersburg, WV 26102-0396.
(b) Issuance. The securities are issued in book-entry form on the
books of the Department of the Treasury, Bureau of the Public Debt,
Parkersburg, WV. Transfer of securities by sale, exchange, assignment,
pledge, or otherwise is not permitted.
(c) Transfers. Securities held in an account of any one type, i.e.,
time deposit, demand deposit, or special zero interest, cannot be
transferred within that account or to an account of any other type.
(d) Fiscal agents. Selected Federal Reserve Banks and Branches, as
fiscal agents of the United States, can be designated to perform such
services requested of them by the Secretary of the Treasury in
connection with the
[[Page 55694]]
purchase of, transactions involving, and redemption of, the securities.
(e) Authority of subscriber. Where a commercial bank submits an
initial or final subscription on behalf of a government body, it must
certify it is acting under the latter's specific authorization.
Ordinarily, evidence of such authority is not required. Subscriptions
submitted by an agent, other than a commercial bank, must be
accompanied by evidence of the agent's authority to act. Such evidence
must describe the nature and scope of the agent's authorization, must
specify the legal authority under which the agent was designated, and
must relate by its terms to the investment action undertaken.
Subscriptions unsupported by such evidence are not acceptable.
(f) Reservations. Transaction requests, including requests for
subscription and redemption, are not acceptable if unsigned,
inappropriately completed, or not timely submitted. Any of these
actions shall be final. The authority of the Secretary to waive
regulations under 31 CFR 306.126 applies to Part 344. The Secretary of
the Treasury reserves the right:
(1) To reject any application for the purchase of securities under
this offering;
(2) To refuse to issue any such securities in any case or any
class(es) of cases; and
(3) To revoke the issuance of any security, and to declare the
subscriber ineligible thereafter to subscribe for securities under this
offering, if any security is issued on the basis of an improper
certification or other misrepresentation by the subscriber (other than
as the result of an inadvertent error), if the Secretary deems such
action in the public interest.
(g) Debt limit contingency. The Department of the Treasury reserves
the right to change or suspend the terms and conditions of this
offering, including provisions relating to subscriptions for, and
issuance of, securities, interest payments, redemptions, and rollovers,
as well as notices relating hereto, at any time the Secretary
determines that the issuance of obligations sufficient to conduct the
orderly financing operations of the United States cannot be made
without exceeding the statutory debt limit. Announcement of such
changes shall be provided by such means as the Secretary deems
appropriate.
(h) Noncompliance. The penalty imposed on any government body which
fails to make settlement on a subscription once submitted and not
canceled timely shall be to render the government body ineligible
thereafter to subscribe for securities under any offering in Part 344
for a period of six months, beginning on the date the subscription is
withdrawn or the proposed issue date, whichever occurs first.
(1) The penalty is imposed on the government body unless the
government body provides the Tax Identification Number of a conduit
borrower that is the actual party failing to make settlement of a
subscription. If this number is provided for a conduit borrower, the
conduit borrower shall be the entity on which the six-month penalty is
imposed.
(2) The Division of Special Investments can determine to waive the
six-month penalty, pursuant to the provisions governing the waiver of
regulations set forth under 31 CFR 306.126. Where settlement occurs
after the proposed issue date and the Division of Special Investments
determines, pursuant to 31 CFR 306.126, that settlement is acceptable
on an exception basis, the six-month penalty will be waived and the
government body shall be subject to a late payment assessment. The late
payment assessment will equal the amount of interest that will have
accrued on the securities from the proposed issue date to the date of
settlement, as well as an administrative fee of $100 per subscription.
Assessments of late payment fees and administrative fees under Part 344
are due on demand.
(i) General redemption provisions. A security can not be called for
redemption by the Secretary of the Treasury prior to maturity. Upon the
maturity of a security, the Department will make payment of the
principal amount and interest due to the owner thereof. A security
scheduled for maturity on a non-business day will be redeemed on the
next business day.
(j) Business or calendar days. Unless otherwise noted, any
reference herein to days refers to calendar days.
Subpart B--Time Deposit Securities
Sec. 344.2 Description of securities.
(a) Terms. (1) Certificates. The certificates are issued with
maturity periods fixed by the government body, from thirty days up to
and including one year, or for any intervening period; provided, for
certificates that bear no interest, the maturity period can be fixed by
the government body from fifteen days up to and including one year or
for any intervening period.
(2) Notes. The notes are issued with maturity periods fixed by the
government body, from one year and one day up to and including ten
years, or for any intervening period.
(3) Bonds. The bonds are issued with maturity periods fixed by the
government body, from ten years and one day up to and including forty
years, or for any intervening period; provided that for any
subscription for a bond exceeding 30 years, the maximum available rate
shall be the rate on a 30-year bond.
(b) Interest rate. Each security shall bear such rate of interest
the government body designates, but the rate shall not exceed the
maximum interest rate. The applicable maximum interest rates for each
day shall equal rates shown in a SLGS securities rate table, which is
released by the Department to the public by 10:00 a.m., Eastern time,
each business day. If the Department finds that due to circumstances
beyond its control the rates are not available to the public by 10:00
a.m., Eastern time, on any given business day, the applicable interest
for the last preceding business day shall apply. The applicable rate
table for any subscription is the one in effect on the date the initial
subscription is faxed, postmarked or carrier date stamped. The rates
specified in the tables are five basis points below the then current
estimated Treasury borrowing rate for a Treasury security of comparable
maturity. These rates can be obtained:
(1) In the Commerce Department's Economic Bulletin Board;
(2) By contacting the Division of Special Investment's automated
fax at (304) 480-7548;
(3) By calling the Division of Special Investments at (304) 480-
7752; or
(4) On the Internet at ftp://ftp.publicdebt.treas.gov/secrate.txt
(c) Payment. (1) Interest computation and payment dates. Interest
on a certificate is computed on an annual basis and is paid at maturity
with the principal. Interest on a note or bond is paid semi-annually.
The government body specifies the first interest payment date, which
must occur any time between thirty days and one year of the date of
issue, and the final interest payment date must coincide with the
maturity date of the security. Interest for other than a full semi-
annual interest period is computed on the basis of a 365-day or 366-day
year (for certificates) and on the basis of the exact number of days in
the half-year (for notes and bonds). See the appendix to subpart E of
Part 306 of this chapter for rules regarding computation of interest.
(2) Method of payment. Payment can be made by the Automated
Clearing House method (ACH) for the owner's account at a financial
institution
[[Page 55695]]
designated by the owner. Redemptions prior to maturity are paid by
Fedwire. To the extent applicable, provisions of Sec. 357.26 on
``Payments'', set forth in 31 CFR Part 357 and provisions of 31 CFR
Part 370, shall govern ACH payments made under this offering. The
Department of the Treasury can employ alternate payment procedures,
instead of ACH, in any case, or class of cases where operational
considerations necessitate such action.
Sec. 344.3 Subscription for purchase.
(a) Subscription requirements. Subscriptions for purchase of
securities under this offering must be submitted to the Division of
Special Investments, Bureau of the Public Debt, 200 Third Street, P.O.
Box 396, Parkersburg, WV 26102-0396. Initial and final subscriptions
can be submitted by fax at (304) 480-6818, by mail, or by other
carrier. All subscriptions submitted by mail, whether initial or final,
should be sent by certified or registered mail.
(b) Initial subscriptions. (1) An initial subscription, either on a
designated Treasury form or in letter form, stating the principal
amount to be invested and the issue date, must be received by Public
Debt at least five days before the issue date for subscriptions of $10
million or less, and at least seven days before the issue date for
subscriptions of over $10 million, but in no event will subscriptions
be received more than 60 days prior to issue date. Subscriptions can be
sent by fax on (304) 480-6818, carrier service, U.S. Postal Service or
other means. If the subscription is faxed, the original document must
be received by Public Debt no later than the issue date. Initial
subscriptions of $10 million or less can be canceled without penalty by
the subscriber prior to the fifth day before issue date. If the fifth
day before issue date is a non-business day, the cancellation must
occur on the preceding business day. Subscriptions of more than $10
million can be canceled without penalty by the subscriber prior to the
seventh day before issue date. For example, if securities totaling $10
million or less are to be issued on March 16, the initial subscription
must be received by Public Debt no later than March 11. If securities
totaling more than $10 million are to be issued on March 16, the
initial subscription must be received by Public Debt no later than
March 9. A subscriber can lock in the SLGS rate for the day it submits
its subscription by sending a fax to the Division of Special
Investments on or before the five/seven day notice period. A subscriber
can also lock in the SLGS rate on the date of the postmark of a mailed
subscription, provided the subscription is received on or before the
five/seven day notice period. It is the responsibility of the sender of
a faxed subscription to confirm its receipt. If the initial
subscription is in letter form, it must contain the Tax Identification
Number of the government body or it is unacceptable. It should read
substantially as follows:
To: Bureau of the Public Debt
----------------------------------------------------------------------
Pursuant to the provisions of Department of the Treasury
Circular, Public Debt Series No. 3-72, current revision, the
undersigned hereby subscribes for United States Treasury Time
Deposit Securities--State and Local Government Series, issued as
entries on the books of the Bureau of the Public Debt, Department of
the Treasury, in the total amount and with the issue date shown
below, which date is at least five/seven days after the date of this
subscription:
Principal Amount
$----------------------------------------------------------------------
Issue Date
----------------------------------------------------------------------
The undersigned agrees the final subscription and payment will
be submitted on or before the issue date.
----------------------------------------------------------------------
(Tax I.D. Number of state or local government body eligible to
purchase State and Local Government Series securities)
----------------------------------------------------------------------
(Name of state or local government body eligible to purchase State
and Local Government Series securities)
(Date)-----------------------------------------------------------------
By---------------------------------------------------------------------
(Signature and Title)
(2) The provisions set out in paragraph (e) of Sec. 344.1, dealing
with the authority of the subscriber to act on behalf of a government
body, and in Sec. 344.1(h), relating to the failure to complete a
subscription, apply to initial and to final subscriptions.
(3) An initial subscription can be amended on or before the issue
date, but no later than 3:00 p.m., Eastern time, on the issue date.
Notification can be faxed to the Bureau of the Public Debt at (304)
480-6818 provided the request is clearly identified as an amendment and
is immediately followed by the submission, by mail or other carrier, of
written notification. Amendments to initial subscriptions are
acceptable with the following exceptions:
(i) The issue date can not be changed to require issuance earlier
than the issue date originally specified. The issue date can be changed
up to 7 days after the original issue date. If such a change is made,
notification should be provided to the Bureau of the Public Debt as
soon as possible, but no later than 3:00 p.m., Eastern time, one
business day before the originally specified issue date;
(ii) The aggregate amount can not be changed by more than the
greater of $10 million or ten percent above or below the aggregate
principal amount specified in the initial subscription;
(iii) An interest rate can not be changed to a rate that exceeds
the maximum interest rate in the table that was in effect for a
security of comparable maturity on the date the initial subscription
was submitted under the provisions of Sec. 344.3(b)(1); and
(iv) Where an amendment is not submitted timely, the Division of
Special Investments can determine, pursuant to the provisions governing
waiver of regulations set forth under 31 CFR 306.126, that such an
amendment is acceptable on an exception basis. Where an amendment is
determined acceptable on an exception basis, the amended information
shall be used as the basis for issuing the securities, and an
administrative fee of $100 per subscription will be assessed. This
administrative fee is due on demand as provided for in Sec. 344.1(h).
The Secretary reserves the right to reject amendments which are not
submitted timely.
(4) No initial subscription is required where a final subscription
is received at least five days before the issue date for subscriptions
of $10 million or less and at least seven days before the issue date
for subscriptions of over $10 million. Such final subscription is
treated as the initial subscription for purposes of determining the
applicable interest rate table (see Sec. 344.2(b)), and can be amended
on or before the issue date, subject to the exceptions in paragraph
(b)(3) of this section.
(c) Final subscriptions. A final subscription must be received by
the Bureau of the Public Debt on or before the issue date, but no later
than 3:00 p.m., Eastern time, on the issue date. The final subscription
can be faxed to the Bureau of the Public Debt at (304) 480-6818,
provided the fax is properly identified as a final subscription and is
immediately followed by the submission of the original subscription
form by mail or other carrier. The final subscription must be for a
total principal amount that is no more than the greater of either $10
million or ten percent above or below the aggregate principal amount
specified in the initial subscription. The final subscription, dated
and signed by an official authorized to make the purchase and showing
the Taxpayer Identification Number of the government body, must be
accompanied by a copy of the initial subscription, where applicable.
The various maturities, interest rates, and interest payment dates (in
the case of
[[Page 55696]]
notes and bonds), must be specified in the final subscription, as well
as the title(s) of the designated official(s) authorized to request
early redemption. Final subscriptions submitted for certificates, notes
and bonds must separately itemize securities of each maturity and each
interest rate. The final subscription must contain a statement by the
subscriber that none of the proceeds submitted in payment is derived
(directly or indirectly) from the redemption before maturity of other
securities of the State and Local Government Series subscribed for on
or before December 27, 1976.
Sec. 344.4 Issue date and payment.
(a) General. The subscriber shall fix the issue date of each
security in the initial subscription. The issue date must be a business
day and can not exceed by more than sixty days the date the initial
subscription is received by Public Debt. Full payment for each
subscription must be submitted by the Fedwire funds transfer system
with credit directed to the Treasury's General Account. Full payment
should be submitted by 3:00 p.m., Eastern time, to ensure that
settlement of the securities occurs on the date of issue.
(b) [Reserved].
Sec. 344.5 Redemption.
(a) Redemption before maturity--(1) In general. A security can be
redeemed at the owner's option no earlier than twenty-five days after
the issue date in the case of a certificate of thirty days or more, no
earlier than fifteen days before the scheduled maturity for zero
interest certificates of fifteen to twenty-nine days maturity, and no
earlier than thirty days after the issue date in the case of a note or
bond. Partial redemptions can be requested in any amount; however, an
account balance of less than $1,000 will be redeemed in total.
(2) Notice. Notice of redemption prior to maturity must be
submitted, either on a designated Treasury form or by letter, by the
official(s) authorized to redeem the securities, as shown on the final
subscription form, to the Division of Special Investments, Bureau of
the Public Debt, 200 Third Street, P.O. Box 396, Parkersburg, WV 26102-
0396. The notice must be received by Public Debt no less than ten days
before the requested redemption date, but no more than sixty days
before the requested redemption date. The notice must show the account
number, the maturities of the securities to be redeemed, and the Tax
Identification Number of the government body. A notice of redemption
prior to maturity can not be canceled.
(3) Redemption proceeds--Subscriptions on or after October 28,
1996. For securities subscribed for on or after October 28, 1996, the
amount of the redemption proceeds is calculated as follows:
(i) Interest. If a security is redeemed before maturity on a date
other than a scheduled interest payment date, interest is paid for the
fractional interest period since the last interest payment date.
(ii) Redemption value. The remaining interest and principal
payments are discounted by the current Treasury borrowing rate for the
remaining term to maturity of the security redeemed. This results in a
premium or discount to the government body, depending on whether the
current Treasury borrowing rate is lower or higher than the stated
interest rate of the early-redeemed SLGS security. This does not apply
to SLGS securities subscribed for before October 28, 1996. The term
``current Treasury borrowing rate'' means the applicable rate shown in
the table of maximum interest rates payable on United States Treasury
securities--State and Local Government Series--for the day the request
for early redemption is received by Public Debt, plus five basis
points. There is no market charge for the redemption of zero interest
time deposit securities subscribed for on or after October 28, 1996.
Redemption proceeds in the case of a zero-interest security are a
return of the principal invested. The formulas for calculating the
redemption value under this section, including examples of the
determination of premiums and discounts are set forth in Appendix B of
this Part.
(4) Redemption proceeds--Subscriptions from September 1, 1989,
through October 27, 1996. For securities subscribed for from September
1, 1989, through October 27, 1996, the amount of the redemption
proceeds is calculated as follows:
(i) Interest. If a security is redeemed before maturity on a date
other than a scheduled interest payment date, interest is paid for the
fractional interest period since the last interest payment date.
(ii) Market charge. An amount shall be deducted from the redemption
proceeds in all cases where the current borrowing rate of the
Department of the Treasury for the remaining period to original
maturity of the security prematurely redeemed exceeds the rate of
interest originally fixed for such security. The amount shall be the
present value of the future increased borrowing cost to the Treasury.
The annual increased borrowing cost for each interest period is
determined by multiplying the principal by the difference between the
two rates. For notes and bonds, the increased borrowing cost for each
remaining interest period to original maturity is determined by
dividing the annual cost by two. For certificates, the increased
borrowing cost for the remaining period to original maturity is
determined by multiplying the annual cost by the number of days
remaining until original maturity divided by the number of days in the
calendar year. Present value shall be determined by using the current
Treasury borrowing rate as the discount factor. The term ``current
Treasury borrowing rate'' is determined in section 344.5(a)(3)(ii).
Where redemption is requested on a date less than thirty days before
the original maturity date, such applicable rate is the rate shown for
a security with a maturity of thirty days. The market charge for bonds,
notes, and certificates of indebtedness can be computed by use of the
formulas in Appendix A to this Part.
(5) Redemption proceeds--Subscriptions from December 28, 1976,
through August 31, 1989. For securities subscribed for from December
28, 1976, through August 31, 1989, the amount of the redemption
proceeds is calculated as follows:
(i) Interest. Interest for the entire period the security was
outstanding shall be recalculated on the basis of the lesser of the
original interest rate at which the security was issued, or the
interest rate that would have been set at the time of the initial
subscription had the term for the security been for the shorter period.
If a note or bond is redeemed before maturity on a date other than a
scheduled interest payment date, no interest is paid for the fractional
interest period since the last interest payment date.
(ii) Overpayment of interest. If there have been overpayments of
interest, as determined under paragraph (a)(5)(i) of this section,
there shall be deducted from the redemption proceeds the aggregate
amount of such overpayments, plus interest, compounded semi-annually
thereon, from the date of each overpayment to the date of redemption.
The interest rate used used in calculating the interest on the
overpayment shall be one-eighth of one percent above the maximum rate
that would have applied to the initial subscription had the term of the
security been for the shorter period.
(iii) Market charge. An amount shall be deducted from the
redemption proceeds in all cases where the current borrowing rate of
the Department of the Treasury for the remaining period to original
maturity of the security
[[Page 55697]]
prematurely redeemed exceeds the rate of interest originally fixed for
such security. The amount shall be calculated using the formula in
paragraph (a)(3)(ii) of this section.
(6) Redemption proceeds--Subscriptions on or before December 27,
1976. For securities subscribed for on or before December 27, 1976, the
amount of the redemption proceeds is calculated as follows.
(i) The interest for the entire period the security was outstanding
shall be re-calculated on the basis of the lesser of the original
interest rate at which the security was issued, or an adjusted interest
rate reflecting both the shorter period during which the security was
actually outstanding and a penalty. The adjusted interest rate is the
Treasury rate which would have been in effect on the date of issuance
for a marketable Treasury certificate, note, or bond maturing on the
quarterly maturity date prior to redemption (in the case of
certificates), or on the semi-annual maturity period prior to
redemption (in the case of notes and bonds), reduced in either case by
a penalty which shall be the lesser of:
(A) One-eighth of one percent times the number of months from the
date of issuance to original maturity, divided by the number of full
months elapsed from the date of issue to redemption; or
(B) One-fourth of one percent.
(ii) There shall be deducted from the redemption proceeds, if
necessary, any overpayment of interest resulting from previous payments
made at a higher rate based on the original longer period to maturity.
(b) [Reserved]
Subpart C--Demand Deposit Securities
Sec. 344.6 Description of securities.
(a) Terms. The securities are one-day certificates of indebtedness.
Each subscription is established as a unique account. Securities are
automatically rolled over each day unless redemption is requested.
(b) Interest rate.
(1) Each security shall bear a variable rate of interest based on
an adjustment of the average yield for three-month Treasury bills at
the most recent auction. A new rate is effective on the first business
day following the regular auction of three-month Treasury bills and is
shown in the SLGS rate table, available to the public on such business
day. Interest is accrued and added to principal daily. Interest is
computed on the balance of the principal, plus interest accrued through
the preceding day.
(2)(i) The annualized effective demand deposit rate in decimals,
designated ``I'' in Equation 1 is calculated as:
[GRAPHIC] [TIFF OMITTED] TR28OC96.000
where
P=Average auction price for the most recently auctioned 13-week
Treasury bill, per hundred, to three decimals.
Y=365 if the year following issue date does not contain a leap year day
and 366 if it does contain a leap year day.
DTM=The number of days from date of issue to maturity for the most
recently auctioned 13-week Treasury bill.
MTR=Estimated marginal tax rate, in decimals, of purchasers of tax-
exempt bonds.
TAC=Treasury administrative costs, in decimals.
(ii) The daily factor for the demand deposit rate is then
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR28OC96.001
(3) Information on the estimated average marginal tax rate and
costs for administering the demand deposit State and Local Government
Series securities program, both to be determined by Treasury from time
to time, will be published in the Federal Register.
(c) Payment. Interest earned on the securities is added to the
principal and is reinvested daily until redemption. At any time the
Secretary determines that issuance of obligations sufficient to conduct
the orderly financing operations of the United States cannot be made
without exceeding the statutory debt limit, the Department will invest
any unredeemed demand deposit securities in special ninety-day
certificates of indebtedness. These ninety-day certificates are payable
at maturity, but redeemable before maturity, provided funds are
available for redemption, or reinvested in demand deposit securities
when regular Treasury borrowing operations resume, both at the owner's
option. Funds invested in the ninety-day certificates of indebtedness
earn simple interest equal to the daily factor in effect at the time
demand deposit security issuance is suspended, multiplied by the number
of days outstanding.
Sec. 344.7 Subscription for purchase.
(a) Subscription requirements. Subscriptions for purchase of
securities under this offering must be submitted to the Division of
Special Investments, Bureau of the Public Debt, 200 Third Street, P.O.
Box 396, Parkersburg, WV 26102-0396. Subscriptions must be submitted on
a designated Treasury form, must specify the principal amount invested
and the issue date, and must be signed by an official authorized to
make the purchase. The Bureau of the Public Debt must receive the
subscription at least five days before the issue date for subscriptions
of $10 million or less and at least seven days before the issue date
for subscriptions of more than $10 million. Subscriptions for $10
million or less can be canceled without penalty up to five days prior
to the issue date. Subscriptions for more than $10 million can be
canceled without penalty up to seven days prior to the issue date. The
subscription can be submitted by fax at (304) 480-6818, by certified or
registered mail, or by other carrier. If faxed, the original
subscription form must be received by the Division of Special
Investments by 3:00 p.m., Eastern time, on the issue date. Public Debt
will not accept subscriptions for demand deposit securities more than
60 days prior to the issue date.
(b) Amending subscriptions. The principal amount to be invested can
be changed without penalty on or before the issue date, but no later
than 1:00 p.m. Eastern time, on the issue date. The request must be
clearly identified as an amendment and must be followed immediately by
the submission, by mail or other carrier, of written notification.
Where an amendment is not submitted timely, the Division of Special
Investments can determine, pursuant to the provisions governing waiver
of
[[Page 55698]]
regulations set forth under 31 CFR 306.126, that such an amendment is
acceptable on an exception basis. Where an amendment is determined
acceptable on an exception basis, the amended information shall be used
as the basis for issuing the securities, and an administrative fee of
$100 per subscription is then assessed. This administrative fee is due
on demand as provided for in Sec. 344.1(h). The Secretary reserves the
right to reject amendments which are not submitted timely.
Sec. 344.8 Issue date and payment.
The subscriber shall fix the issue date on the subscription at
least five days after receipt of the subscription by the Division of
Special Investments for subscriptions of $10 million or less and seven
days after receipt of the subscription by the Division of Special
Investments for subscriptions of more than $10 million. Full payment
for each subscription must be submitted by the Fedwire funds transfer
system with credit directed to the Treasury's General Account. Full
payment should be received by the Division of Special Investments by
3:00 p.m., Eastern time, to ensure that settlement on the securities
occurs on the issue date.
Sec. 344.9 Redemption.
(a) General. A security can be redeemed at the owner's option,
provided a request for redemption is received not less than one
business day prior to the requested redemption date for redemptions of
$10 million or less and received not less than three business days for
redemptions of more than $10 million. Partial redemptions can be
requested in any amount; however, an account balance of less than
$1,000 is redeemed in total. Payment is made by Fedwire.
(b) Notice. Notice of redemption must be submitted, either on a
designated Treasury form or by letter, by the official(s) authorized to
redeem the securities, as shown on the subscription form, to the
Division of Special Investments, Bureau of the Public Debt, 200 Third
Street, P.O. Box 396, Parkersburg, WV 26102-0396. The notice can be
submitted by fax to the Bureau of the Public Debt at (304) 480-6818, by
mail, or by other carrier. The notice must show the account number and
the Tax Identification Number of the government body. The notice of
redemption must be received at the Bureau of the Public Debt by 1:00
p.m., Eastern time on the required day.
Subpart D--Special Zero Interest Securities
Sec. 344.10 General.
Provisions of subpart B of this Part (Time Deposit Securities)
apply except as specified in subpart D of this Part. Special zero
interest securities can not be subscribed for after October 28, 1996.
All zero interest securities subscribed for after October 28, 1996 will
be zero interest time deposit securities, subject to the rules of
subpart B of this Part.
Sec. 344.11 Redemption.
(a) Before maturity. Provisions of Section 344.5(a) apply. In
general, a security can be redeemed at the owner's option no earlier
than twenty-five days after the issue date in the case of a certificate
and one year after the issue date in the case of a note. No market
charge or penalty shall apply in the case of the redemption of a
special zero interest security before maturity.
(b) Notice. Notice of redemption prior to maturity must be
submitted, either on a designated Treasury form or by letter, by the
official(s) authorized to redeem the securities, as shown on the final
subscription form, to the Division of Special Investments, Bureau of
the Public Debt, 200 Third Street, P.O. Box 396, Parkersburg, WV 26102-
0396. The notice can be submitted by fax to the Bureau of the Public
Debt at (304) 480-6818, by mail, or by other carrier. The notice must
show the account number, the maturities of the securities to be
redeemed, and the Tax Identification Number of the government body. The
notice must be received by Public Debt no less than ten days before the
requested redemption date, but no more than sixty days before the
requested redemption date. A notice of redemption prior to maturity
cannot be canceled.
Appendix A to Part 344--Early Redemption Market Charge Formulas and
Examples for Subscriptions From September 1, 1989, Through October
27, 1996
A. The amount of the market charge for bonds and notes subscribed
for before October 28, 1996 can be determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR28OC96.002
where:
M=Market charge
b=increased annual borrowing cost (i.e., principal multiplied by the
excess current borrowing rate for the period from redemption to
original maturity of note or bond over the rate for the security)
r=number of days from redemption date to next interest payment date
s=number of days in current semi-annual period
i=Treasury borrowing rate over the remaining term to maturity, based on
semi-annual interest payments and expressed in decimals.
n=number of remaining full semi-annual periods from the redemption date
to the original maturity date, except that if the redemption date is on
an interest payment date, n will be one less than the number of full
semi-annual periods remaining to maturity.
vn=1/(1 + i/2)n=present value of 1 due at the end of n
periods (Equation 2)
aa = (1-vn)/(i/2) = v + v2 + v3 + ... + vn =
present value of 1 per period for n periods (Equation 3)
B. The application of this formula can be illustrated by the
following example:
(1) Assume that a $600,000 note is issued on July 1, 1985, to
mature on July 1, 1995. Interest is payable at a rate of 8% on January
1 and July 1.
(2) Assume that the note is redeemed on February 1, 1989, and that
the current borrowing rate for Treasury at that time for the remaining
period of 6 years and 150 days is 11%.
(3) The increased annual borrowing cost is $18,000.
($600,000) x (11%-8%)
(4) The market charge is computed as follows:
[[Page 55699]]
[GRAPHIC] [TIFF OMITTED] TR28OC96.003
[GRAPHIC] [TIFF OMITTED] TR28OC96.004
C. The amount of the market charge for certificates subscribed for
before October 28, 1996 can be determined through use of the following
formula:
[GRAPHIC] [TIFF OMITTED] TR28OC96.005
where
M=market charge
b=increased borrowing cost for full period
r=number of days from redemption date to original maturity date
s=number of days in current annual period (365 or 366)
i=current borrowing rate expressed in decimals (discount factor)
D. The application of this formula can be illustrated by the
following example:
(1) Assume that a $50,000 certificate is issued on March 1, 1987,
to mature on November 1, 1987. Interest is payable at a rate of 10%.
(2) Assume that the certificate is redeemed on July 1, 1987, and
that the current borrowing cost to Treasury for the 123-day period from
July 1, 1987, to November 1, 1987, is 11.8%.
(3) The increased annual borrowing cost is $900. ($50,000) x
(11.8%-10%)
(4) The market charge is computed as follows:
[[Page 55700]]
[GRAPHIC] [TIFF OMITTED] TR28OC96.006
Appendix B to Part 344--Formula for Determining Redemption Value
for Securities Subscribed for and Early-Redeemed on or After
October 28, 1996
This results in a premium or discount to the government body,
depending on whether the current Treasury borrowing rate at the time of
early redemption is lower or higher than the stated interest rate of
the early-redeemed SLGS security.
A. The total redemption value for bonds and notes can be determined
by the following two steps:
First, accrued interest payable in accordance with
Sec. 344.5(a)(3)(i) is calculated using the following formula:
[GRAPHIC] [TIFF OMITTED] TR28OC96.007
where
RV=Redemption value
F=Face amount redeemed
AI=Accrued interest=[(s-r)/s] x (C/2)
r=Number of days from redemption date to next interest payment date
s=number of days in current semi-annual period
i=Treasury borrowing rate over the remaining term to maturity, based on
semi-annual interest payments and expressed in decimals
C=the regular annual interest
n=number of remaining full semi-annual periods from the redemption date
to the original maturity date, except that, if the redemption date is
an interest payment date, n will be one less than the number of full
semi-annual periods remaining to maturity
vn=1/(1+i/2) n=present value of 1 due at the end of n periods
aa=(1-vn)/(i/2)=v + v2 + v3 + ... + vn =
present value of 1 per period for n periods
B. The application of this formula can be illustrated by the
following examples:
(i) The first example is for a redemption at a premium.
(1) Assume that an $800,000 2-year note is issued on December 10,
1996, to mature on December 10, 1998. Interest is payable at a rate of
7% on June 10 and December 10.
(2) Assume that the note is redeemed on October 21, 1997, and that
the current borrowing rate for Treasury at that time for the remaining
period of 1 year and 50 days is 6.25%.
(3) The redemption value is computed as follows:
First, the accrued interest payable is calculated as:
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(ii) The second example is for a redemption at a discount and it
uses the same assumptions as the first example, except the current
Treasury borrowing cost is assumed to be 8.00%:
(1) Assume that an $800,000 2-year note is issued on December 10,
1996, to mature on December 10, 1998. Interest is payable at a rate of
7% on June 10 and December 10.
(2) Assume that the note is redeemed on October 21, 1997, and that
the current borrowing rate for Treasury at that time for the remaining
period of 1 year and 50 days is 8.00%.
(3) The redemption value is computed as follows. First, the accrued
interest payable is caculated as:
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C. The total redemption value for certificates can be determined by
the following two steps:
First, accrued interest payable in accordance with Section
344.5(a)(3)(i) is calculated using the following formula:
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where:
RV=Redemption value
F=Face amount redeemed
AI=Accrued interest = [(d-r)/y] x C
d=Number of days from original issue of the certificate to its maturity
date
r=Number of days from redemption date to the certificate's maturity
date
y=365, if the number of days in the year following issue of the
certificate does not include a leap year day; 366, if the number of
days following issue of the certificate does include a leap year day
i=Treasury borrowing rate over the remaining term to maturity,
expressed in decimals
C=the regular annual interest
D. The application of this formula can be illustrated by the
following examples.
(i) First, for a redemption at a premium:
(1) Assume that a $300,000 security is issued on December 5, 1996,
to mature in 151 days on May 5, 1997. Interest at a rate of 5% is
payable at maturity.
(2) Assume that the security is redeemed on April 9, 1997, and that
the current borrowing rate for Treasury at that time for the remaining
period of 26 days is 4.00%.
(3) The redemption value is computed as follows. First, the accrued
interest payable is calculated as:
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(ii) Secondly, for a redemption at a discount:
(1) Assume that a $300,000 security is issued on December 5, 1996,
to mature in 151 days on May 5, 1997. Interest at a rate of 5% is
payable at maturity.
(2) Assume that the security is redeemed on April 9, 1997, and that
the current borrowing rate for Treasury at that time for the remaining
period of 26 days is 6.25%.
(3) The redemption value is computed as follows. First, the accrued
interest payable is calculated as:
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[FR Doc. 96-27365 Filed 10-21-96; 4:58 pm]
BILLING CODE 4810-39-W
