82_FR_43910 82 FR 43730 - Exchange of Coin

82 FR 43730 - Exchange of Coin

DEPARTMENT OF THE TREASURY
United States Mint

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range43730-43732
FR Document2017-19885

The United States Mint proposes to revise its regulations relating to the exchange of uncurrent, bent, partial, fused, and mixed coins. The proposed revisions include updates to redemption rates and procedures previously proposed in the Federal Register on July 16, 2014, as well as revisions that will enhance the integrity of the acceptance and processing of bent and partial United States coins.

Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Proposed Rules]
[Pages 43730-43732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19885]


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DEPARTMENT OF THE TREASURY

33 CFR 100

United States Mint


Exchange of Coin

AGENCY: United States Mint, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The United States Mint proposes to revise its regulations 
relating to the exchange of uncurrent, bent, partial, fused, and mixed 
coins. The proposed revisions include updates to redemption rates and 
procedures previously proposed in the Federal Register on July 16, 
2014, as well as revisions that will enhance the integrity of the 
acceptance and processing of bent and partial United States coins.

DATES: Send comments on or before November 3, 2017.

ADDRESSES: The United States Mint invites comments on all aspects of 
this proposed revision. You may send comments, identified by docket 
number and/or RIN number, by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for sending comments.
     Mail: Submit all written comments to Mutilated Coin 
Redemption Program; Financial Directorate; United States Mint; 801 9th 
Street NW., Washington, DC 20220.
     Hand Delivery/Courier: Same as mail address.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
regulations.gov, including any personal information provided. For 
additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.

FOR FURTHER INFORMATION CONTACT: Sheila Barnett, Legal Counsel, Office 
of the Chief Counsel, United States Mint, at (202) 354-7624 or 
sbarnett@usmint.treas.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Treasury Regulations appearing at 31 CFR part 100, subpart C, 
are promulgated under 31 U.S.C. 5120, and relate to the exchange of 
uncurrent, bent, partial, fused, and mixed coins. The last amendment to 
31 CFR part 100, subpart C, was on August 23, 1999. Since then, the 
United States Mint has identified portions of the regulations in need 
of revision to update redemption rates and procedures, and to enhance 
the integrity of the acceptance and processing of bent and partial 
United States coins.
    The first category of proposed revisions would update and improve 
the redemption process of bent and partial coins to enhance security 
and ensure the integrity of United States coinage. These revisions were 
not previously proposed. The revisions would establish procedures for 
certifying participants based on submission amounts and frequency, 
sampling submissions to authenticate material, conducting site visits 
for certain participants, and requiring information on how the 
submission came to be bent or partial. The revisions will also inform 
submitters of required banking information. Lastly, the revisions would 
provide the United States Mint discretion to cease processing 
submissions that appear to be part of an illegal scheme, or contain 
material that is not identifiable as bent or partial United States 
coinage.
    The second category of proposed revisions, previously proposed in 
79 FR 41468, July 16, 2014, relates to the redemption rates for 
uncurrent coins and bent and partial coins that have been withdrawn 
from circulation. For uncurrent coins, the revision would clarify the 
procedure for redemption by instructing the public to deposit the 
uncurrent coins with a financial institution that will accept them, or 
with a depository institution that has a direct relationship with a 
Federal Reserve Bank. The revision would make clear that a Federal 
Reserve Bank will redeem uncurrent coins based on the policies 
described in the Federal Reserve's Operating Circular 2.
    For bent or partial coins, the proposed revision would update the 
redemption rates of certain coins to reflect the current values and 
compositions of coins being redeemed. For example, in the existing 
regulation, the redemption rate for one-cent coins is $1.4585 per 
pound; this redemption rate was derived from the weight of brass one-
cent coins (3.11 grams or 0.1097 ounces each), which the United States 
Mint has not minted and issued since 1982. In 1983, the United States 
Mint began minting and issuing only copper-plated zinc one-cent coins, 
which weigh 2.50 grams or 0.0882 ounces each. Due to the weight 
difference, a pound (the minimum weight for redemption) of copper-
plated zinc one-cent coins contains a higher quantity of coins than a 
pound of brass one-cent coins. The proposed revisions would make the 
redemption rate $1.8100 for a pound consisting solely of copper-plated 
zinc one-cent coins. For brass one-cent coins, or a mix of both brass 
and copper-plated zinc one-cent coins, the lower redemption rate of 
$1.4585 will apply. A similar update would be made to the redemption 
rate for $1 coins.
    The third category of proposed revisions, also previously proposed 
in 79 FR 41468, July 16, 2014, would clarify that the United States 
Mint will not accept fused coins. The United States Mint will also not 
accept mixed coins (coins of several alloy categories presented 
together) for redemption, with the exception of bent or partial one-
cent coins and $1 coins that are presented in mixed years.

[[Page 43731]]

    The fourth category of proposed revisions puts the public on notice 
that the Director of the United States Mint may provide information 
pertaining to any bent or partial coin submission to law enforcement 
officials or other third parties for purposes of investigating related 
criminal activity or for purposes of seeking civil judgment. The 
revisions would also notify potential participants that they may be 
held criminally and/or civilly liable, fined, and/or imprisoned for 
fraudulent submissions.

II. Public Participation

    The United States Mint previously proposed updates to redemption 
rates and procedures in 79 FR 41468, July 16, 2014, and requested 
comments. The United States Mint received one comment, but it was not 
responsive to the proposed updates. A final rule was not published.
    In 81 FR 75922, Nov. 1, 2016, the United States Mint issued a 
request for public comment on new ways to enhance the integrity of the 
acceptance and processing of bent and partial coins. Seventeen comments 
were received and reviewed. The majority of comments were submitted by 
individuals or entities that previously exchanged bent or partial coins 
with the United States Mint.
    In general, most comments expressed support for requiring 
participant certification, particularly for participants submitting 
large quantities of bent or partial coins. Many comments expressed 
concern with the cost and feasibility of coinage material 
authentication but supported sampling or spot testing by the United 
States Mint.
    Many comments supported the suggestion of requiring chain of 
custody information regarding the bent or partial coin submissions. 
Comments from stakeholders in the recycling industry, however, 
discussed the difficulty they face in tracing coins recovered by auto 
and appliance shredding, and therefore recommended that recyclers be 
considered the point of origin. Multiple comments noted the importance 
of documenting the chain of custody of coins that had circulated 
outside of the United States.
    The suggestion of annual limitations on submissions was largely 
disfavored by those who submitted comments. Many comments described a 
backlog of bent or partial coins from the suspension of the exchange 
program and a lack of alternative forums to redeem such coins.

III. Procedural Analysis

Regulatory Planning and Review

    The Office of Management and Budget has determined that this 
proposed rule does not constitute a ``significant regulatory action'' 
under Executive Order 12866 or Executive Order 13771.

Regulatory Flexibility Act Analysis

    It is hereby certified that the proposed revisions will not have a 
significant economic impact on a substantial number of small entities. 
Accordingly, a regulatory flexibility analysis under the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., is not required. First, the 
regulations do not directly regulate any entities. The redemption of 
uncurrent, bent, or partial coins is a discretionary service offered to 
the public; participation is voluntary. Second, many of the coins 
presented for redemption in the past were submitted by individuals 
transacting with the United States Mint in their own names. The number 
of entities tendering significant quantities of coins for redemption is 
small. Even if each such individual or entity qualified as a ``small 
entity'' within the meaning of 5 U.S.C. 604(a), the United States Mint 
does not believe that the proposed revisions are likely to have a 
significant economic impact. The revisions do not change or limit the 
scope of what may be submitted for redemption or who may submit them. 
The revisions may require additional information from participants to 
deter potential fraud and abuse, but the added administrative costs for 
participants are expected to be minimal.

IV. Request for Comment

    Before the proposed revisions to the Treasury Regulations at 31 CFR 
part 100, subpart C, are adopted as final regulations, the United 
States Mint will consider any comments that are submitted to the bureau 
as prescribed in this preamble under the ``Dates'' and ``Addresses'' 
headings. The United States Mint and the Department of the Treasury 
request comments on all aspects of the proposed revisions.

List of Subjects in 31 CFR Part 100

    Coins.

    For the reasons set forth in the preamble, the United States Mint 
proposes to revise 31 CFR part 100, subpart C as follows:

PART 100--EXCHANGE OF PAPER CURRENCY AND COIN

Subpart C--Request for Examination of Coin for Possible Redemption
Sec.
100.10 Request for examination of uncurrent coin for possible 
redemption.
100.11 Request for examination of bent or partial coin for possible 
redemption.
100.12 Exchange of fused or mixed coin.
100.13 Notices.

PART 100--EXCHANGE OF PAPER CURRENCY AND COIN

Subpart C--Request for Examination of Coin for Possible Redemption


Sec.  100.10   Request for examination of uncurrent coin for possible 
redemption.

    (a) Definition. Uncurrent coins are whole U.S. coins which are 
merely worn or reduced in weight by natural abrasion yet are readily 
and clearly recognizable as to genuineness and denomination and which 
are machine countable.
    (b) Redemption process. The United States Mint will not accept 
uncurrent coins for redemption. Members of the public wishing to redeem 
lawfully held uncurrent coins must deposit the uncurrent coins with a 
bank or other financial institution that will accept them, or with a 
depository institution that has established a direct customer 
relationship with a Federal Reserve Bank. A Federal Reserve Bank will 
redeem uncurrent coins, based on the policies described in the Federal 
Reserve's Operating Circular 2.
    (c) Criteria for acceptance. Depository institutions that redeem 
uncurrent coins must sort the coins by denomination into packages in 
accordance with the Federal Reserve's Operating Circular 2. The Federal 
Reserve Banks have the right to reject any shipment containing objects 
that are not U.S. coins or any contaminant that could render the 
uncurrent coins unsuitable for coinage metal.
    (d) Redemption sites. The Federal Reserve Banks and branches listed 
in Sec.  100.17 are the only authorized redemption sites at which a 
depository institution that has established a direct customer 
relationship with a Federal Reserve Bank may redeem uncurrent coins.


Sec.  100.11   Request for examination of bent or partial coin for 
possible redemption.

    (a) General. Lawfully held bent or partial coins of the United 
States may be submitted to the United States Mint for examination in 
accordance with the provisions in this subpart. Any submission under 
this subpart shall be deemed an acceptance of all provisions of this 
subpart.
    (b) Definitions. (1) Bent coins are U.S. coins which are bent or 
deformed so as to preclude normal machine counting

[[Page 43732]]

but which are readily and clearly identifiable as to genuineness and 
denomination.
    (2) Partial coins are U.S. coins which are not whole; partial coins 
must be readily and clearly identifiable as to genuineness and 
denomination.
    (3) Participants are individuals or businesses that submit coins 
through the redemption process.
    (c) Redemption process.
    (1) Depending on submission amount and frequency, participants may 
be subject to a certification process by the United States Mint. The 
established annual weight threshold and details about the participant 
certification process will be published on the United States Mint's Web 
site. If certification is required, it must be done prior to 
submission.
    (2) All submissions for review shall include an estimate of the 
value of the coins and an explanation of how the submission came to be 
bent or partial. The submission should also contain the bank account 
number and routing number for a checking or savings account at a bank 
or other financial institution (such as a mutual fund, brokerage firm, 
or credit union) in the United States.
    (3) Participants may be required to provide documentation for how 
the participant came into custody of the bent or partial coins.
    (4) The United States Mint reserves the right to test samples from 
any submission to authenticate the material. The size of the sample 
will be limited to the amount necessary for authentication. Testing may 
result in partial or complete destruction of the sample.
    (5) The United States Mint reserves the right to conduct site 
visits for participants over a certain volume threshold to verify 
information provided to the United States Mint.
    (6) No redemption will be made when:
    (i) A submission, or any portion of a submission, demonstrates a 
pattern of intentional mutilation or an attempt to defraud the United 
States;
    (ii) A submission appears to be part of, or intended to further, 
any criminal activity;
    (iii) A submission contains a material misrepresentation of facts;
    (iv) Material presented is not identifiable as United States coins. 
In such instances, the participant will be notified to retrieve the 
entire submission, at the participant's sole expense, within 30 days. 
If the submission is not retrieved in a timely manner, the entire 
submission will be treated as voluntarily abandoned property, pursuant 
to 41 CFR 102-41.80, and will be retained or disposed of by the United 
States Mint;
    (v) A submission contains any contaminant that could render the 
coins unsuitable for coinage metal. In such instances, the participant 
will be notified to retrieve the entire submission, at the 
participant's sole expense, within 30 days. If the submission is not 
retrieved in a timely manner, the entire submission will be treated as 
voluntarily abandoned property, pursuant to 41 CFR 102-41.80, and will 
be retained or disposed of by the United States Mint; or
    (vi) A submission contains more than a nominal amount of uncurrent 
coins. In such instances, the participant may be notified to retrieve 
the entire submission, at the participant's sole expense, within 30 
days. If the submission is not retrieved in a timely manner, the entire 
submission will be treated as voluntarily abandoned property, pursuant 
to 41 CFR 102-41.80, and will be retained or disposed of by the United 
States Mint.
    (7) The Director of the United States Mint, or designee, shall have 
final authority with respect to all aspects of redemptions of bent or 
partial coin submissions.
    (d) Redemption rates.
    (1) Generally. Participants shall separate bent or partial coins by 
denomination in lots of at least one pound for each denomination 
category. The United States Mint will redeem bent or partial coins on 
the basis of their weight and denomination at the following rates:
    (i) One-Cent Coins: $1.4585 per pound.
    (ii) 5-Cent Coins: $4.5359 per pound.
    (iii) Dime, Quarter-Dollar, and Half-Dollar Coins: $20.00 per 
pound.
    (iv) $1 Coins: $20.00 per pound.
    (2) Exceptions. (i) The United States Mint will redeem one-cent 
coins inscribed with a year after 1982 at the rate set forth at 
subparagraph (1)(i) of this subsection unless such one-cent coins are 
presented unmixed from one-cent coins inscribed with a year before 
1983. The United States Mint will redeem unmixed one-cent coins 
inscribed with a year after 1982 at a rate of $1.8100 per pound.
    (ii) The United States Mint will redeem $1 coins inscribed with a 
year after 1978 at the rate set forth at subparagraph (1)(iv) of this 
subsection unless such $1 coins are presented unmixed from $1 coins 
inscribed with a year before 1979. The United States Mint will redeem 
unmixed $1 coins inscribed with a year after 1978 at a rate of $56.00 
per pound.
    (e) Redemption sites. Coins are shipped at the sender's risk of 
loss and expense.
    (1) Bent and partial coins submitted in quantities less than or 
equal to a threshold established annually will be redeemed only at the 
United States Mint at Philadelphia, P.O. Box 400, Philadelphia, PA 
19105.
    (2) Bent and partial coins submitted in quantities greater than a 
threshold established annually should be scheduled with the United 
States Mint to be sent directly to the authorized recycler(s) of the 
United States Mint.


Sec.  100.12   Exchange of fused or mixed coin.

    (a) Definitions. (1) Fused coins are U.S. coins which are melted to 
the extent that they are bonded together.
    (2) Mixed coins are U.S. coins of several alloy categories which 
are presented together, but are readily and clearly identifiable as 
U.S. coins.
    (b) The United States Mint will not accept fused coins for 
redemption. The United States Mint will not accept mixed coins for 
redemption, except as provided for in Sec.  100.11(d)(2).


Sec.  100.13   Notices.

    (a) Additional information and procedures about the United States 
Mint's redemption of bent or partial coins can be found on the United 
States Mint's Web site.
    (b) Criminal penalties connected with the defacement or mutilation 
of U.S. coins are provided in 18 U.S.C. 331.
    (c) The Director of the United States Mint may provide information 
pertaining to any bent or partial coin submissions to law enforcement 
officials or other third parties for purposes of investigating related 
criminal activity or for purposes of seeking a civil judgment.
    (d) Whoever intentionally files a false claim seeking reimbursement 
for uncurrent, bent or partial coins may be held criminally liable 
under a number of statutes including 18 U.S.C. 287 and 18 U.S.C. 1341 
and may be held civilly liable under 31 U.S.C. 3729, et seq.

    Dated: September 13, 2017.
Jean Gentry,
Chief Counsel, United States Mint.
[FR Doc. 2017-19885 Filed 9-18-17; 8:45 am]
 BILLING CODE P



                                                      43730               Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules

                                                      section 149(a), such as bonds that are                  of the acceptance and processing of bent              submitters of required banking
                                                      tax-exempt under section 103. For                       and partial United States coins.                      information. Lastly, the revisions would
                                                      purposes of determining whether an                      DATES: Send comments on or before                     provide the United States Mint
                                                      obligation is described in section                      November 3, 2017.                                     discretion to cease processing
                                                      4701(b)(1)(B), the rules of § 1.163–5(c) of             ADDRESSES: The United States Mint                     submissions that appear to be part of an
                                                      this chapter apply.                                     invites comments on all aspects of this               illegal scheme, or contain material that
                                                        (4) Registered form. The term                         proposed revision. You may send                       is not identifiable as bent or partial
                                                      registered form has the same meaning as                 comments, identified by docket number                 United States coinage.
                                                      in § 1.163–5(b) of this chapter.                        and/or RIN number, by any of the
                                                        (5) Issuer—(i) In general. Except as                                                                           The second category of proposed
                                                                                                              following methods:                                    revisions, previously proposed in 79 FR
                                                      provided in paragraph (b)(5)(ii) of this                   • Federal eRulemaking Portal:
                                                      section, the term issuer is the person                                                                        41468, July 16, 2014, relates to the
                                                                                                              www.regulations.gov. Follow the                       redemption rates for uncurrent coins
                                                      whose interest deduction would be                       instructions for sending comments.
                                                      disallowed solely by reason of section                                                                        and bent and partial coins that have
                                                                                                                 • Mail: Submit all written comments
                                                      163(f)(1).                                                                                                    been withdrawn from circulation. For
                                                                                                              to Mutilated Coin Redemption Program;
                                                        (ii) Sponsor treated as issuer. A pass-                                                                     uncurrent coins, the revision would
                                                                                                              Financial Directorate; United States
                                                      through certificate (as defined in                      Mint; 801 9th Street NW., Washington,                 clarify the procedure for redemption by
                                                      § 1.163–5(a)(3)(i)(B) of this chapter), a               DC 20220.                                             instructing the public to deposit the
                                                      participation interest described in                        • Hand Delivery/Courier: Same as                   uncurrent coins with a financial
                                                      § 1.163–5(a)(3)(ii) of this chapter, or a               mail address.                                         institution that will accept them, or
                                                      regular interest in a REMIC, as defined                    Instructions: All submissions received             with a depository institution that has a
                                                      in sections 860D and 860G and the                       must include the agency name and                      direct relationship with a Federal
                                                      regulations thereunder, is considered to                docket number or Regulatory                           Reserve Bank. The revision would make
                                                      be issued solely by the recipient of the                Information Number (RIN) for this                     clear that a Federal Reserve Bank will
                                                      proceeds from the issuance of the                       rulemaking. All comments received will                redeem uncurrent coins based on the
                                                      certificate or interest (the sponsor). The              be posted without change to                           policies described in the Federal
                                                      sponsor is therefore liable for any excise              regulations.gov, including any personal               Reserve’s Operating Circular 2.
                                                      tax under section 4701 that may be                      information provided. For additional                     For bent or partial coins, the proposed
                                                      imposed with reference to the principal                 information on the rulemaking process,                revision would update the redemption
                                                      amount of the pass-through certificate,                 see the ‘‘Public Participation’’ heading              rates of certain coins to reflect the
                                                      participation interest, or regular interest.            of the SUPPLEMENTARY INFORMATION                      current values and compositions of
                                                      *      *    *      *     *                              section of this document.                             coins being redeemed. For example, in
                                                        (e) Applicability date—(1) In general.                FOR FURTHER INFORMATION CONTACT:                      the existing regulation, the redemption
                                                      * * *                                                   Sheila Barnett, Legal Counsel, Office of
                                                        (2) Exception. Notwithstanding                                                                              rate for one-cent coins is $1.4585 per
                                                                                                              the Chief Counsel, United States Mint,                pound; this redemption rate was
                                                      paragraph (e)(1) of this section,                       at (202) 354–7624 or sbarnett@
                                                      paragraphs (b)(3), (4), and (5) of this                                                                       derived from the weight of brass one-
                                                                                                              usmint.treas.gov.                                     cent coins (3.11 grams or 0.1097 ounces
                                                      section apply to obligations issued after
                                                      March 18, 2012. For the rules that apply                SUPPLEMENTARY INFORMATION:                            each), which the United States Mint has
                                                      to obligations issued on or before March                                                                      not minted and issued since 1982. In
                                                                                                              I. Background
                                                      18, 2012, see § 46.4701–1 as contained                                                                        1983, the United States Mint began
                                                                                                                 The Treasury Regulations appearing                 minting and issuing only copper-plated
                                                      in 26 CFR part 46, revised as of the date
                                                                                                              at 31 CFR part 100, subpart C, are                    zinc one-cent coins, which weigh 2.50
                                                      of the most recent annual revision.
                                                                                                              promulgated under 31 U.S.C. 5120, and                 grams or 0.0882 ounces each. Due to the
                                                      Kirsten Wielobob,                                       relate to the exchange of uncurrent,                  weight difference, a pound (the
                                                      Deputy Commissioner for Services and                    bent, partial, fused, and mixed coins.                minimum weight for redemption) of
                                                      Enforcement.                                            The last amendment to 31 CFR part 100,                copper-plated zinc one-cent coins
                                                      [FR Doc. 2017–19753 Filed 9–15–17; 4:15 pm]             subpart C, was on August 23, 1999.                    contains a higher quantity of coins than
                                                      BILLING CODE 4830–01–P                                  Since then, the United States Mint has                a pound of brass one-cent coins. The
                                                                                                              identified portions of the regulations in             proposed revisions would make the
                                                                                                              need of revision to update redemption                 redemption rate $1.8100 for a pound
                                                      DEPARTMENT OF THE TREASURY                              rates and procedures, and to enhance
                                                                                                                                                                    consisting solely of copper-plated zinc
                                                                                                              the integrity of the acceptance and
                                                                                                                                                                    one-cent coins. For brass one-cent coins,
                                                      33 CFR 100                                              processing of bent and partial United
                                                                                                                                                                    or a mix of both brass and copper-plated
                                                                                                              States coins.
                                                                                                                 The first category of proposed                     zinc one-cent coins, the lower
                                                      United States Mint
                                                                                                              revisions would update and improve the                redemption rate of $1.4585 will apply.
                                                      Exchange of Coin                                        redemption process of bent and partial                A similar update would be made to the
                                                                                                              coins to enhance security and ensure                  redemption rate for $1 coins.
                                                      AGENCY: United States Mint, Treasury.
                                                                                                              the integrity of United States coinage.                  The third category of proposed
                                                      ACTION: Notice of proposed rulemaking.
                                                                                                              These revisions were not previously                   revisions, also previously proposed in
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                                                      SUMMARY:   The United States Mint                       proposed. The revisions would establish               79 FR 41468, July 16, 2014, would
                                                      proposes to revise its regulations                      procedures for certifying participants                clarify that the United States Mint will
                                                      relating to the exchange of uncurrent,                  based on submission amounts and                       not accept fused coins. The United
                                                      bent, partial, fused, and mixed coins.                  frequency, sampling submissions to                    States Mint will also not accept mixed
                                                      The proposed revisions include updates                  authenticate material, conducting site                coins (coins of several alloy categories
                                                      to redemption rates and procedures                      visits for certain participants, and                  presented together) for redemption, with
                                                      previously proposed in the Federal                      requiring information on how the                      the exception of bent or partial one-cent
                                                      Register on July 16, 2014, as well as                   submission came to be bent or partial.                coins and $1 coins that are presented in
                                                      revisions that will enhance the integrity               The revisions will also inform                        mixed years.


                                                 VerDate Sep<11>2014   17:35 Sep 18, 2017   Jkt 241001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\19SEP1.SGM   19SEP1


                                                                          Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules                                            43731

                                                        The fourth category of proposed                       III. Procedural Analysis                              100.10 Request for examination of
                                                      revisions puts the public on notice that                                                                          uncurrent coin for possible redemption.
                                                                                                              Regulatory Planning and Review                        100.11 Request for examination of bent or
                                                      the Director of the United States Mint
                                                                                                                The Office of Management and Budget                     partial coin for possible redemption.
                                                      may provide information pertaining to                                                                         100.12 Exchange of fused or mixed coin.
                                                      any bent or partial coin submission to                  has determined that this proposed rule
                                                                                                                                                                    100.13 Notices.
                                                      law enforcement officials or other third                does not constitute a ‘‘significant
                                                      parties for purposes of investigating                   regulatory action’’ under Executive                   PART 100—EXCHANGE OF PAPER
                                                      related criminal activity or for purposes               Order 12866 or Executive Order 13771.                 CURRENCY AND COIN
                                                      of seeking civil judgment. The revisions                Regulatory Flexibility Act Analysis
                                                      would also notify potential participants                                                                      Subpart C—Request for Examination
                                                                                                                 It is hereby certified that the proposed           of Coin for Possible Redemption
                                                      that they may be held criminally and/
                                                                                                              revisions will not have a significant
                                                      or civilly liable, fined, and/or
                                                                                                              economic impact on a substantial                      § 100.10 Request for examination of
                                                      imprisoned for fraudulent submissions.                                                                        uncurrent coin for possible redemption.
                                                                                                              number of small entities. Accordingly, a
                                                      II. Public Participation                                regulatory flexibility analysis under the                (a) Definition. Uncurrent coins are
                                                                                                              Regulatory Flexibility Act, 5 U.S.C. 601              whole U.S. coins which are merely
                                                        The United States Mint previously                     et seq., is not required. First, the                  worn or reduced in weight by natural
                                                      proposed updates to redemption rates                    regulations do not directly regulate any              abrasion yet are readily and clearly
                                                      and procedures in 79 FR 41468, July 16,                 entities. The redemption of uncurrent,                recognizable as to genuineness and
                                                      2014, and requested comments. The                       bent, or partial coins is a discretionary             denomination and which are machine
                                                      United States Mint received one                         service offered to the public;                        countable.
                                                      comment, but it was not responsive to                   participation is voluntary. Second,                      (b) Redemption process. The United
                                                      the proposed updates. A final rule was                  many of the coins presented for                       States Mint will not accept uncurrent
                                                      not published.                                          redemption in the past were submitted                 coins for redemption. Members of the
                                                        In 81 FR 75922, Nov. 1, 2016, the                     by individuals transacting with the                   public wishing to redeem lawfully held
                                                      United States Mint issued a request for                 United States Mint in their own names.                uncurrent coins must deposit the
                                                      public comment on new ways to                           The number of entities tendering                      uncurrent coins with a bank or other
                                                      enhance the integrity of the acceptance                 significant quantities of coins for                   financial institution that will accept
                                                      and processing of bent and partial coins.               redemption is small. Even if each such                them, or with a depository institution
                                                      Seventeen comments were received and                    individual or entity qualified as a                   that has established a direct customer
                                                      reviewed. The majority of comments                      ‘‘small entity’’ within the meaning of 5              relationship with a Federal Reserve
                                                      were submitted by individuals or                        U.S.C. 604(a), the United States Mint                 Bank. A Federal Reserve Bank will
                                                      entities that previously exchanged bent                 does not believe that the proposed                    redeem uncurrent coins, based on the
                                                      or partial coins with the United States                 revisions are likely to have a significant            policies described in the Federal
                                                      Mint.                                                   economic impact. The revisions do not                 Reserve’s Operating Circular 2.
                                                                                                              change or limit the scope of what may
                                                        In general, most comments expressed                                                                            (c) Criteria for acceptance. Depository
                                                                                                              be submitted for redemption or who
                                                      support for requiring participant                                                                             institutions that redeem uncurrent coins
                                                                                                              may submit them. The revisions may
                                                      certification, particularly for                                                                               must sort the coins by denomination
                                                                                                              require additional information from
                                                      participants submitting large quantities                                                                      into packages in accordance with the
                                                                                                              participants to deter potential fraud and
                                                      of bent or partial coins. Many comments                                                                       Federal Reserve’s Operating Circular 2.
                                                                                                              abuse, but the added administrative
                                                      expressed concern with the cost and                                                                           The Federal Reserve Banks have the
                                                                                                              costs for participants are expected to be
                                                      feasibility of coinage material                                                                               right to reject any shipment containing
                                                                                                              minimal.
                                                      authentication but supported sampling                                                                         objects that are not U.S. coins or any
                                                      or spot testing by the United States                    IV. Request for Comment                               contaminant that could render the
                                                      Mint.                                                      Before the proposed revisions to the               uncurrent coins unsuitable for coinage
                                                                                                              Treasury Regulations at 31 CFR part                   metal.
                                                        Many comments supported the
                                                      suggestion of requiring chain of custody                100, subpart C, are adopted as final                     (d) Redemption sites. The Federal
                                                                                                              regulations, the United States Mint will              Reserve Banks and branches listed in
                                                      information regarding the bent or partial
                                                                                                              consider any comments that are                        § 100.17 are the only authorized
                                                      coin submissions. Comments from
                                                                                                              submitted to the bureau as prescribed in              redemption sites at which a depository
                                                      stakeholders in the recycling industry,
                                                                                                              this preamble under the ‘‘Dates’’ and                 institution that has established a direct
                                                      however, discussed the difficulty they
                                                                                                              ‘‘Addresses’’ headings. The United                    customer relationship with a Federal
                                                      face in tracing coins recovered by auto
                                                                                                              States Mint and the Department of the                 Reserve Bank may redeem uncurrent
                                                      and appliance shredding, and therefore
                                                                                                              Treasury request comments on all                      coins.
                                                      recommended that recyclers be
                                                      considered the point of origin. Multiple                aspects of the proposed revisions.                    § 100.11 Request for examination of bent
                                                      comments noted the importance of                        List of Subjects in 31 CFR Part 100                   or partial coin for possible redemption.
                                                      documenting the chain of custody of                                                                             (a) General. Lawfully held bent or
                                                                                                                Coins.
                                                      coins that had circulated outside of the                                                                      partial coins of the United States may be
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                                                      United States.                                            For the reasons set forth in the
                                                                                                              preamble, the United States Mint                      submitted to the United States Mint for
                                                        The suggestion of annual limitations                  proposes to revise 31 CFR part 100,                   examination in accordance with the
                                                      on submissions was largely disfavored                   subpart C as follows:                                 provisions in this subpart. Any
                                                      by those who submitted comments.                                                                              submission under this subpart shall be
                                                      Many comments described a backlog of                    PART 100—EXCHANGE OF PAPER                            deemed an acceptance of all provisions
                                                                                                              CURRENCY AND COIN                                     of this subpart.
                                                      bent or partial coins from the
                                                      suspension of the exchange program                      Subpart C—Request for Examination of                    (b) Definitions. (1) Bent coins are U.S.
                                                      and a lack of alternative forums to                     Coin for Possible Redemption                          coins which are bent or deformed so as
                                                      redeem such coins.                                      Sec.                                                  to preclude normal machine counting


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                                                      43732               Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Proposed Rules

                                                      but which are readily and clearly                       property, pursuant to 41 CFR 102–41.80,                  (e) Redemption sites. Coins are
                                                      identifiable as to genuineness and                      and will be retained or disposed of by                shipped at the sender’s risk of loss and
                                                      denomination.                                           the United States Mint;                               expense.
                                                         (2) Partial coins are U.S. coins which                  (v) A submission contains any
                                                                                                                                                                       (1) Bent and partial coins submitted
                                                      are not whole; partial coins must be                    contaminant that could render the coins
                                                                                                                                                                    in quantities less than or equal to a
                                                      readily and clearly identifiable as to                  unsuitable for coinage metal. In such
                                                                                                              instances, the participant will be                    threshold established annually will be
                                                      genuineness and denomination.
                                                         (3) Participants are individuals or                  notified to retrieve the entire                       redeemed only at the United States Mint
                                                      businesses that submit coins through                    submission, at the participant’s sole                 at Philadelphia, P.O. Box 400,
                                                      the redemption process.                                 expense, within 30 days. If the                       Philadelphia, PA 19105.
                                                         (c) Redemption process.                              submission is not retrieved in a timely                  (2) Bent and partial coins submitted
                                                         (1) Depending on submission amount                   manner, the entire submission will be                 in quantities greater than a threshold
                                                      and frequency, participants may be                      treated as voluntarily abandoned                      established annually should be
                                                      subject to a certification process by the               property, pursuant to 41 CFR 102–41.80,               scheduled with the United States Mint
                                                      United States Mint. The established                     and will be retained or disposed of by                to be sent directly to the authorized
                                                      annual weight threshold and details                     the United States Mint; or                            recycler(s) of the United States Mint.
                                                      about the participant certification                        (vi) A submission contains more than
                                                      process will be published on the United                 a nominal amount of uncurrent coins. In               § 100.12   Exchange of fused or mixed coin.
                                                      States Mint’s Web site. If certification is             such instances, the participant may be
                                                      required, it must be done prior to                                                                              (a) Definitions. (1) Fused coins are
                                                                                                              notified to retrieve the entire
                                                      submission.                                                                                                   U.S. coins which are melted to the
                                                                                                              submission, at the participant’s sole
                                                         (2) All submissions for review shall                 expense, within 30 days. If the                       extent that they are bonded together.
                                                      include an estimate of the value of the                 submission is not retrieved in a timely                 (2) Mixed coins are U.S. coins of
                                                      coins and an explanation of how the                     manner, the entire submission will be                 several alloy categories which are
                                                      submission came to be bent or partial.                  treated as voluntarily abandoned                      presented together, but are readily and
                                                      The submission should also contain the                  property, pursuant to 41 CFR 102–41.80,               clearly identifiable as U.S. coins.
                                                      bank account number and routing                         and will be retained or disposed of by                  (b) The United States Mint will not
                                                      number for a checking or savings                        the United States Mint.                               accept fused coins for redemption. The
                                                      account at a bank or other financial                       (7) The Director of the United States
                                                      institution (such as a mutual fund,                                                                           United States Mint will not accept
                                                                                                              Mint, or designee, shall have final
                                                      brokerage firm, or credit union) in the                                                                       mixed coins for redemption, except as
                                                                                                              authority with respect to all aspects of
                                                      United States.                                          redemptions of bent or partial coin                   provided for in § 100.11(d)(2).
                                                         (3) Participants may be required to                  submissions.                                          § 100.13   Notices.
                                                      provide documentation for how the                          (d) Redemption rates.
                                                      participant came into custody of the                       (1) Generally. Participants shall                     (a) Additional information and
                                                      bent or partial coins.                                  separate bent or partial coins by                     procedures about the United States
                                                         (4) The United States Mint reserves                  denomination in lots of at least one                  Mint’s redemption of bent or partial
                                                      the right to test samples from any                      pound for each denomination category.                 coins can be found on the United States
                                                      submission to authenticate the material.                The United States Mint will redeem                    Mint’s Web site.
                                                      The size of the sample will be limited                  bent or partial coins on the basis of their              (b) Criminal penalties connected with
                                                      to the amount necessary for                             weight and denomination at the                        the defacement or mutilation of U.S.
                                                      authentication. Testing may result in                   following rates:
                                                                                                                                                                    coins are provided in 18 U.S.C. 331.
                                                      partial or complete destruction of the                     (i) One-Cent Coins: $1.4585 per
                                                      sample.                                                 pound.                                                   (c) The Director of the United States
                                                         (5) The United States Mint reserves                     (ii) 5-Cent Coins: $4.5359 per pound.              Mint may provide information
                                                      the right to conduct site visits for                       (iii) Dime, Quarter-Dollar, and Half-              pertaining to any bent or partial coin
                                                      participants over a certain volume                      Dollar Coins: $20.00 per pound.                       submissions to law enforcement
                                                      threshold to verify information provided                   (iv) $1 Coins: $20.00 per pound.                   officials or other third parties for
                                                      to the United States Mint.                                 (2) Exceptions. (i) The United States              purposes of investigating related
                                                         (6) No redemption will be made                       Mint will redeem one-cent coins                       criminal activity or for purposes of
                                                      when:                                                   inscribed with a year after 1982 at the               seeking a civil judgment.
                                                         (i) A submission, or any portion of a                rate set forth at subparagraph (1)(i) of
                                                      submission, demonstrates a pattern of                   this subsection unless such one-cent                     (d) Whoever intentionally files a false
                                                      intentional mutilation or an attempt to                 coins are presented unmixed from one-                 claim seeking reimbursement for
                                                      defraud the United States;                              cent coins inscribed with a year before               uncurrent, bent or partial coins may be
                                                         (ii) A submission appears to be part                 1983. The United States Mint will                     held criminally liable under a number
                                                      of, or intended to further, any criminal                redeem unmixed one-cent coins                         of statutes including 18 U.S.C. 287 and
                                                      activity;                                               inscribed with a year after 1982 at a rate            18 U.S.C. 1341 and may be held civilly
                                                         (iii) A submission contains a material               of $1.8100 per pound.                                 liable under 31 U.S.C. 3729, et seq.
                                                      misrepresentation of facts;                                (ii) The United States Mint will
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                                                                                                                                                                      Dated: September 13, 2017.
                                                         (iv) Material presented is not                       redeem $1 coins inscribed with a year
                                                      identifiable as United States coins. In                 after 1978 at the rate set forth at                   Jean Gentry,
                                                      such instances, the participant will be                 subparagraph (1)(iv) of this subsection               Chief Counsel, United States Mint.
                                                      notified to retrieve the entire                         unless such $1 coins are presented                    [FR Doc. 2017–19885 Filed 9–18–17; 8:45 am]
                                                      submission, at the participant’s sole                   unmixed from $1 coins inscribed with                  BILLING CODE P
                                                      expense, within 30 days. If the                         a year before 1979. The United States
                                                      submission is not retrieved in a timely                 Mint will redeem unmixed $1 coins
                                                      manner, the entire submission will be                   inscribed with a year after 1978 at a rate
                                                      treated as voluntarily abandoned                        of $56.00 per pound.


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Document Created: 2018-10-24 14:18:13
Document Modified: 2018-10-24 14:18:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesSend comments on or before November 3, 2017.
ContactSheila Barnett, Legal Counsel, Office of the Chief Counsel, United States Mint, at (202) 354-7624 or [email protected]
FR Citation82 FR 43730 

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