C.F.R. » Title 31 » CHAPTER II—FISCAL SERVICE, DEPARTMENT OF THE TREASURY › SUBCHAPTER A—BUREAU OF THE FISCAL SERVICE › PART 315—REGULATIONS GOVERNING U.S. SAVINGS BONDS, SERIES A, B, C, D, E, F, G, H, J, AND K, AND U.S. SAVINGS NOTES › Subpart P—Miscellaneous Provisions

31 C.F.R. § 315.90

Waiver of regulations

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The Commissioner of the Fiscal Service, as designee of the Secretary of the Treasury, may waive or modify any provision or provisions of these regulations. He may do so in any particular case or class of cases for the convenience of the United States or in order to relieve any person or persons of unnecessary hardship:

(a) If such action would not be inconsistent with law or equity, (b) if it does not impair any existing rights, and (c) if he is satisfied that such action would not subject the United States to any substantial expense or liability.

Notes of Decisions
Cited in 5 cases, 2015–2019 · leading case: Laturner v. United States, 933 F.3d 1354 (Fed. Cir. 2019).
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Laturner v. United States, 933 F.3d 1354 (Fed. Cir. 2019). · cites it 4× “Treasury responds that its prior statements are entirely consistent with its present position that it "considers escheat-based redemption claims as an exercise of its discretionary waiver authority under provisions such as 31 C.F.R. § 315.90 , rather than under § 315.”
Estes v. U.S. Dep't of the Treasury, 219 F. Supp. 3d 17 (D.D.C. 2016). · cites it 4× “That contradicted Treasury’s position before the Court of Federal Claims—that escheatment claims, if recognized, were redeemed under Treasury’s “waiver authority,” 31 C.F.R. § 315.90 . Because the court could not square “Treasury’s litigating position .”
Laturner v. United States, 133 Fed. Cl. 47 (Fed. Cl. 2017). “And the government’s litigating position was internally inconsistent: it claimed (without any apparent factual basis) that it had exercised its waiver authority under 31 C.F.R. § 315.90 when it redeemed the bonds in Kansas’s possession; and it argued in supplemental briefing…”
Estes v. United States, 123 Fed. Cl. 74 (Fed. Cl. 2015). “31 C.F.R. § 315.90 (a) provides that: The Commissioner of the Fiscal Service, as designee of the Secretary of the Treasury, may waive or modify any provision or provisions of these regulations.”
Lea v. United States, 132 Fed. Cl. 705 (Fed. Cl. 2017). “And the government’s liti *717 gating position was internally inconsistent: it claimed (without any apparent factual basis) that it had exercised its waiver authority under 31 C.F.R. § 315.90 when it redeemed the bonds in Kansas’s possession; and it argued in supplemental…”
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