Management of Federal Agency Disbursements, 46378-46380 [07-4053]
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46378
Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Rules and Regulations
FDA found in the shell egg refrigeration
and labeling final rule that preemption
is needed because State and local laws
that are less stringent than the Federal
requirements will significantly interfere
with the important public health goals
of this regulation (65 FR 76092 at
76109–76110). This final rule amends
the shell egg refrigeration and labeling
final rule to permit the egg industry to
place the safe handling statement for
shell eggs on the inside lid of egg
cartons if the statement ‘‘Keep
Refrigerated’’ appears on the PDP or
information panel. FDA believes that
preemption of State and local labeling
requirements that are the same as or
more stringent than the requirements of
this regulation would not be necessary,
as enforcement of such State and local
requirements would not interfere with
the food safety goals of this regulation.
Further, it is likely that any states that
enacted similar labeling requirements to
those in this final rule would change
those requirements to be consistent with
any changes made by FDA as a result of
this rulemaking. Accordingly, the
preemptive effect of this rule would be
limited to State or local requirements
that are not as stringent as the
requirements of this regulation.
Requirements that are the same as or
more stringent than FDA’s requirement
would remain in effect.
Further, section 4(e) of the Executive
Order provides that ‘‘when an agency
proposes to act through adjudication or
rulemaking to preempt State law, the
agency shall provide all affected State
and local officials notice and an
opportunity for appropriate
participation in the proceedings.’’ FDA
provided the States with an opportunity
for appropriate participation in this
rulemaking when it sought input from
all stakeholders through publication of
the 2005 proposed rule. FDA received
two comments from a State Department
of Agriculture, which agreed with the
proposal.
In addition, on March 12, 2007, FDA’s
Division of Federal and State Relations
provided notice by fax and e-mail
transmission to State health
commissioners, State agriculture
commissioners, and food program
directors of FDA’s intended amendment
to its food labeling regulations to permit
the egg industry to place the safe
handling statement for shell eggs on the
inside lid of egg cartons if the statement
‘‘Keep Refrigerated’’ appears on the PDP
or information panel (§ 101.17(h)). The
notice provided the States with further
opportunity for input on this
rulemaking. It advised the States of the
intended publication of the final rule
and encouraged State and local
VerDate Aug<31>2005
14:16 Aug 17, 2007
Jkt 211001
governments to review the notice and to
provide any comments to the docket
(Docket Number 2004N–0382), opened
May 5, 2005, when the 2005 proposed
rule was published in the Federal
Register, by a date 30 days from the date
of the notice (i.e., by April 11, 2007).
FDA received no comments in response
to this notice. The notice has been filed
in the previously referenced docket.
For the reasons set forth previously in
this document, the agency believes that
it has complied with all of the
applicable requirements under the
Executive order. In conclusion, FDA has
determined that the preemptive effects
of this rule are consistent with
Executive Order 13132.
VII. References
The following references have been
placed on display in the Division of
Dockets Management (see ADDRESSES)
and may be seen by interested persons
between 9 a.m. and 4 p.m., Monday
through Friday.
1. Tuominen, R., ‘‘Why Do Some Yellow
Page Advertisements Capture Attention
Better Than Others?,’’ Acta Odontologica
Scandinavia, 59: 79–82, 2001.
2. Dietrich, D.A., ‘‘Enhancing Label
Readability for Over-the-Counter
Pharmaceuticals by Elderly Consumers,’’
Journal of Safety Research, 27: 132, 1996.
3. RTI International, ‘‘FDA Labeling Cost
Model, Final Report,’’ prepared by Mary
Muth, Erica Gledhill, and Shawn Karns, RTI,
prepared for Amber Jessup, FDA, Center for
Food Safety and Applied Nutrition, April
2002.
List of Subjects in 21 CFR Part 101
Food labeling, Nutrition, Reporting
and recordkeeping requirements.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 101 is
amended as follows:
PART 101—FOOD LABELING
1. The authority citation for 21 CFR
part 101 continues to read as follows:
I
Authority: 15 U.S.C. 1453, 1454, 1455; 21
U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C.
243, 264, 271.
2. Section 101.17 is amended by
revising paragraph (h)(2) to read as
follows:
I
§ 101.17 Food labeling warning, notice,
and safe handling statements.
*
*
*
*
*
(h) * * *
(2) The label statement required by
paragraph (h)(1) of this section shall
appear prominently and conspicuously,
with the words ‘‘SAFE HANDLING
INSTRUCTIONS’’ in bold type, on the
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Frm 00006
Fmt 4700
Sfmt 4700
principal display panel, the information
panel, or on the inside of the lid of egg
cartons. If this statement appears on the
inside of the lid, the words ‘‘Keep
Refrigerated’’ must appear on the
principal display panel or information
panel.
*
*
*
*
*
Dated: May 25, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E7–16272 Filed 8–17–07; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 208
RIN 1510–AB07
Management of Federal Agency
Disbursements
Financial Management Service,
Fiscal Service, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: On August 7, 2006, the
Financial Management Service (FMS)
published an interim final rule
amending 31 CFR Part 208 (Part 208) to
facilitate the delivery of Federal
payments to victims of disasters and
emergencies. See 71 FR 44584. The
interim final rule was published
without prior notice and comment and
took effect immediately upon
publication due to the need to be
prepared to deliver Federal assistance
and benefit payments during the 2006
hurricane season. However, we invited
comments on the interim rule and
indicated that we would consider all
comments received. We have reviewed
and considered the comments received
on the interim rule and are adopting
that rule as final without change.
DATES: Effective August 20, 2007, the
interim rule published on August 7,
2006 (71 FR 44584) is confirmed as
final.
ADDRESSES: You can download this rule
at the following Web site: https://
www.fms.treas.gov/ach. You may also
inspect and copy this rule at: Treasury
Department Library, Freedom of
Information Act (FOIA) Collection,
Room 1428, Main Treasury Building,
1500 Pennsylvania Avenue, NW.,
Washington, DC 20220. Before visiting,
you must call (202) 622–0990 for an
appointment.
FOR FURTHER INFORMATION CONTACT:
Sally Phillips, Director, EFT Strategy
Division, at (202) 874–7106 or
E:\FR\FM\20AUR1.SGM
20AUR1
Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Rules and Regulations
sally.phillips@fms.treas.gov; or Natalie
H. Diana, Senior Counsel, at (202) 874–
6680 or natalie.diana@fms.treas.gov.
SUPPLEMENTARY INFORMATION:
rfrederick on PROD1PC67 with RULES
Background
Part 208 implements the provisions of
31 U.S.C. 3332, which generally
requires that Federal payments be made
by electronic funds transfer (EFT).
Under 31 U.S.C. 3332, the Secretary of
the Treasury (Secretary) must ensure
that any individual required to receive
a Federal payment by EFT have access
to an account at a financial institution
at a reasonable cost and with certain
consumer protections. On August 7,
2006, Treasury issued an interim final
rule amending Part 208 in order to
facilitate the delivery of Federal benefit
and assistance payments to victims of
emergencies and disasters. The purpose
of the interim rule was to provide
regulatory authority for Treasury, in the
event of a disaster or emergency, to
establish accounts at a financial
institution for affected individuals in
order to allow for the delivery by EFT
of Federal payments.
The possibility that a future
emergency or disaster could disrupt the
delivery of Federal payments through
conventional methods such as direct
deposit and check was made apparent
by Hurricane Katrina in 2005. During
the aftermath of Hurricane Katrina,
many individuals who had been
displaced from their homes were in
immediate need of financial assistance.
As Hurricane Katrina illustrated, in the
extraordinary circumstance of a disaster,
many individuals may not have access
to their bank accounts and may not be
able to readily establish new bank
accounts. Such individuals would have
no way to receive an electronic Federal
assistance or benefit payment.
Moreover, the postal delivery of checks
may be delayed or disrupted in a
disaster situation, at the very time when
the expeditious delivery of Federal
assistance and benefit payments is
critical in assisting people in disaster
situations who urgently need funds in
order to pay for food, clothing and
shelter. Even where Treasury checks can
be expeditiously delivered to disaster
victims, individuals who have been
displaced from their homes may be
unable to establish their identities due
to lost or inaccessible documentation.
As a result, financial institutions may be
unwilling to cash Treasury checks for
these individuals, because they cannot
determine the identity of the individual
or whether a Treasury check that an
individual is seeking to cash has been
stolen and fraudulently endorsed.
VerDate Aug<31>2005
14:16 Aug 17, 2007
Jkt 211001
Finally, check payments may raise
security concerns in disaster situations,
since individuals who cash checks will
typically be carrying significant
amounts of cash in order to make
purchases.
In light of these concerns, we
published an interim final rule to
provide regulatory authority for
Treasury to establish accounts at
financial institutions for victims of a
disaster or emergency in order to allow
for the electronic delivery of Federal
payments.
Summary and Response to Comments
We received three comment letters on
the interim final rule. One comment
letter, from a national payments
association, expressed support for the
rule and noted that the rule appears to
provide the flexibility that would be
critical in the event of a future disaster
or emergency that disrupts the delivery
of payments. The letter also urged
Treasury give advance consideration to
issues such as how long accounts would
remain open, where people would go to
open accounts and how ACH files
would be transferred if there were no
electricity and/or telecommunications
capacity. Another comment letter, from
a trade association, agreed with the need
for flexibility in disaster situations but
urged Treasury to provide disaster
victims with the opportunity to receive
Federal payments through the financial
institution of their choosing whenever
possible. The letter also urged Treasury
to use all available communications
media to apprise disaster victims, the
financial services sector and emergency
assistance organizations of the plan to
deliver Federal payments in the
aftermath of a disaster.
The third comment letter was from a
Federal agency. The agency questioned
how Treasury could deliver payments
electronically in the event that the
infrastructure supporting direct deposit
were disrupted. The agency also raised
other questions, such as how financial
institutions would provide account
access to disaster victims who do not
have documentary evidence of their
identities. Finally, the agency argued
that agency relief personnel and
individual victims are in the best
position to decide how disaster relief
payments should be delivered, and that
individuals should not be required to
receive payments electronically through
accounts established for them by
Treasury.
We are aware that, depending on the
nature of an emergency, the delivery of
payments by direct deposit could be
disrupted by damage to the payment
system infrastructure. The purpose of
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Fmt 4700
Sfmt 4700
46379
the amendment to Part 208 was to
provide Treasury with maximum
flexibility for developing payment
solutions even in the event of
disruptions to payment networks,
electricity and/or telecommunications.
For example, in the event that the direct
deposit network were not operational, it
might be possible to deliver payments
via other established electronic payment
networks, such as ATM networks and
credit/debit card networks, or through
other means that might be developed
depending upon the contingencies of a
particular situation. In the event that
individuals could not provide the
standard identity documents that
financial institutions typically require,
Treasury would work with benefit and
relief agencies and financial institutions
to issue passwords that disaster victims
could use to access payments following
the agencies’ confirmation of victims’
identities on the basis of verifiable
information held by the agency.
It is important to note that the interim
final rule permits, but does not require,
Treasury to establish accounts for
disaster victims. Treasury intends to
work closely with benefit and relief
agencies to determine how best to
deliver funds in the event of an
emergency. Because it is impossible to
know in advance precisely the
circumstances that a future disaster or
emergency could present, the rule
allows the terms and conditions of such
accounts to be established on the basis
of whatever is appropriate in a given
situation. Thus, for example, Treasury
might consider establishing accounts for
disaster victims through which relief
and assistance funds could be accessed
at ATMs and/or point-of-sale locations.
Alternatively, in more exigent
circumstances, Treasury might work
with one or more financial institutions
to provide electronic funds access
through proprietary arrangements with
retailers, charitable organizations or
other unconventional means of access.
The interim final rule gives Treasury the
authority to quickly establish accounts
for disaster and emergency victims, as
well as the flexibility to determine what
features such accounts should have in
order to meet the needs of agencies and
payment recipients.
Amendment of Part 208
The interim rule amended 31 CFR
Part 208 by adding a new § 208.11 that
provides that Treasury may establish
accounts at financial institutions for
victims of a disaster or emergency in
order to allow for the electronic delivery
of Federal payments. New § 208.11 gives
the Secretary flexibility to determine
what features such accounts should
E:\FR\FM\20AUR1.SGM
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46380
Federal Register / Vol. 72, No. 160 / Monday, August 20, 2007 / Rules and Regulations
have in light of the particular nature of
the disaster or emergency. Sections
208.4, 208.6, 208.7 and 210.5 of title 31
CFR do not apply to the establishment
of accounts or issuance of payments
pursuant to this section. For example,
the waivers set forth in § 208.4 are not
applicable in situations where Treasury
is establishing accounts for the express
purpose of allowing for the delivery by
EFT of Federal payments to disaster
victims. The requirement in §§ 208.6
and 210.5 that a Federal non-vendor
electronic payment be deposited to a
deposit account in the name of the
recipient does not apply to accounts
established pursuant to § 208.11, nor are
agencies required to notify check
recipients and newly-eligible payment
recipients of options available to them,
as is normally required under § 208.7.
Further, Treasury will be able to deliver
payments to accounts established
pursuant to § 208.11, notwithstanding
any other instructions from the payment
recipient.
Request for Comment on Plain Language
On June 1, 1998, the President issued
a memorandum directing each agency in
the Executive branch to write its rules
in plain language. This directive is
effective for all new proposed and final
rulemaking documents issued on or
after January 1, 1999. We invite
comment on how to make this final rule
clearer. For example, you may wish to
discuss: (1) Whether we have organized
the material to suit your needs; (2)
whether the requirements of this final
rule are clear; or (3) whether there is
something else we could do to make this
rule easier to understand.
Regulatory Planning and Review
The final rule does not meet the
criteria for a ‘‘significant regulatory
action’’ as defined in Executive Order
12866. Therefore, the regulatory review
procedures contained therein do not
apply.
rfrederick on PROD1PC67 with RULES
Regulatory Flexibility Act Analysis
Because no notice of proposed
rulemaking was required for this final
rule, the provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et. seq.) do
not apply.
List of Subjects in 31 CFR Part 208
Accounting, Automated Clearing
House, Banks, Banking, Electronic funds
transfer, Financial institutions,
Government payments.
Adoption of the Amendment
For the reasons set out in the
preamble, under the authority of 5
I
14:16 Aug 17, 2007
Dated: August 14, 2007.
Kenneth R. Papaj,
Commissioner.
[FR Doc. 07–4053 Filed 8–17–07; 8:45 am]
BILLING CODE 4810–35–M
Jkt 211001
Jody
Donehoo, TRICARE Management
Activity, TRICARE Operations,
telephone (703) 681–0039.
Questions regarding payment of
specific claims under the TRICARE
allowable charge method should be
addressed to the appropriate TRICARE
contractor.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DOD–2006–HA–0207]
RIN 0720–AB15
Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS);
TRICARE Reserve Select for Members
of the Selected Reserve
Office of the Secretary, DoD.
Interim final rule with comment
AGENCY:
ACTION:
Regulatory Analyses
VerDate Aug<31>2005
U.S.C. 301 the interim rule amending 31
CFR Part 208 published at 71 FR 44584
is adopted as a final rule without
change.
period.
SUMMARY: This interim final rule revises
requirements and procedures for
TRICARE Reserve Select and
restructures eligibility to include all
Selected Reservists, except for those
individuals either enrolled or eligible to
enroll in a health benefit plan under
Chapter 89 of Title 5, United States
Code. The rule is being published as an
interim final rule with comment period
in order to comply with statutory
effective dates.
DATES: Effective Date: This rule is
effective October 1, 2007. Submit
comments on or before September 19,
2007.
You may submit comments,
identified by docket number and or RIN
number and title, by any of the
following methods: Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
ADDRESSES:
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Fmt 4700
Sfmt 4700
A previous interim final rule was
published in the Federal Register on
March 16, 2005, (70 FR 12798–12805)
that established requirements and
procedures to implement TRICARE
Reserve Select under section 701 of the
Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005
(NDAA–05) (Pub. L. 108–375). Section
701 of NDAA–05 authorized premiumbased medical coverage for certain
members of the Selected Reserve and
their family members. By April 2005,
Selected Reserve members who served
on active duty in support of a
contingency operation and fulfilled
other statutory qualifications could
purchase TRICARE Reserve Select
coverage for periods proportional to
their period of active duty.
A second interim final rule was
published in the Federal Register on
June 21, 2006, (71 FR 35527–35537).
That interim final rule revised
requirements and procedures for
TRICARE Reserve Select pursuant to
sections 701 and 702 of the National
Defense Authorization Act for Fiscal
Year 2006 (NDAA–06) (Pub. L. 109–
163). Section 701 enhanced the existing
TRICARE Reserve Select program.
Section 702 added two new tiers of
premium sharing by the government (50
percent and 85 percent member portion)
to the existing premium tier (28 percent
member portion), making TRICARE
Reserve Select available to all Selected
Reservists.
Before a final rule could be issued
subsequent to the interim final rule
published in the Federal Register on
June 21, 2006, (71 FR 35527–35537) for
the TRICARE Reserve Select program,
Section 706 of the NDAA–07 amended
the statutory provisions in sections 701
and 702 of the NDAA–06 which were
implemented in the interim final rule.
Therefore, this interim rule addresses
provisions of the National Defense
Authorization Act for Fiscal Year 2007
(NDAA–07) (Pub. L. 109–364). First,
section 706 of the NDAA–07 expands
the availability of the 28 percent
premium tier to all Selected Reservists
with one exception. Those individuals
either enrolled or eligible to enroll in a
E:\FR\FM\20AUR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Rules and Regulations]
[Pages 46378-46380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4053]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 208
RIN 1510-AB07
Management of Federal Agency Disbursements
AGENCY: Financial Management Service, Fiscal Service, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On August 7, 2006, the Financial Management Service (FMS)
published an interim final rule amending 31 CFR Part 208 (Part 208) to
facilitate the delivery of Federal payments to victims of disasters and
emergencies. See 71 FR 44584. The interim final rule was published
without prior notice and comment and took effect immediately upon
publication due to the need to be prepared to deliver Federal
assistance and benefit payments during the 2006 hurricane season.
However, we invited comments on the interim rule and indicated that we
would consider all comments received. We have reviewed and considered
the comments received on the interim rule and are adopting that rule as
final without change.
DATES: Effective August 20, 2007, the interim rule published on August
7, 2006 (71 FR 44584) is confirmed as final.
ADDRESSES: You can download this rule at the following Web site: http:/
/www.fms.treas.gov/ach. You may also inspect and copy this rule at:
Treasury Department Library, Freedom of Information Act (FOIA)
Collection, Room 1428, Main Treasury Building, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220. Before visiting, you must call (202)
622-0990 for an appointment.
FOR FURTHER INFORMATION CONTACT: Sally Phillips, Director, EFT Strategy
Division, at (202) 874-7106 or
[[Page 46379]]
sally.phillips@fms.treas.gov; or Natalie H. Diana, Senior Counsel, at
(202) 874-6680 or natalie.diana@fms.treas.gov.
SUPPLEMENTARY INFORMATION:
Background
Part 208 implements the provisions of 31 U.S.C. 3332, which
generally requires that Federal payments be made by electronic funds
transfer (EFT). Under 31 U.S.C. 3332, the Secretary of the Treasury
(Secretary) must ensure that any individual required to receive a
Federal payment by EFT have access to an account at a financial
institution at a reasonable cost and with certain consumer protections.
On August 7, 2006, Treasury issued an interim final rule amending Part
208 in order to facilitate the delivery of Federal benefit and
assistance payments to victims of emergencies and disasters. The
purpose of the interim rule was to provide regulatory authority for
Treasury, in the event of a disaster or emergency, to establish
accounts at a financial institution for affected individuals in order
to allow for the delivery by EFT of Federal payments.
The possibility that a future emergency or disaster could disrupt
the delivery of Federal payments through conventional methods such as
direct deposit and check was made apparent by Hurricane Katrina in
2005. During the aftermath of Hurricane Katrina, many individuals who
had been displaced from their homes were in immediate need of financial
assistance. As Hurricane Katrina illustrated, in the extraordinary
circumstance of a disaster, many individuals may not have access to
their bank accounts and may not be able to readily establish new bank
accounts. Such individuals would have no way to receive an electronic
Federal assistance or benefit payment. Moreover, the postal delivery of
checks may be delayed or disrupted in a disaster situation, at the very
time when the expeditious delivery of Federal assistance and benefit
payments is critical in assisting people in disaster situations who
urgently need funds in order to pay for food, clothing and shelter.
Even where Treasury checks can be expeditiously delivered to disaster
victims, individuals who have been displaced from their homes may be
unable to establish their identities due to lost or inaccessible
documentation. As a result, financial institutions may be unwilling to
cash Treasury checks for these individuals, because they cannot
determine the identity of the individual or whether a Treasury check
that an individual is seeking to cash has been stolen and fraudulently
endorsed. Finally, check payments may raise security concerns in
disaster situations, since individuals who cash checks will typically
be carrying significant amounts of cash in order to make purchases.
In light of these concerns, we published an interim final rule to
provide regulatory authority for Treasury to establish accounts at
financial institutions for victims of a disaster or emergency in order
to allow for the electronic delivery of Federal payments.
Summary and Response to Comments
We received three comment letters on the interim final rule. One
comment letter, from a national payments association, expressed support
for the rule and noted that the rule appears to provide the flexibility
that would be critical in the event of a future disaster or emergency
that disrupts the delivery of payments. The letter also urged Treasury
give advance consideration to issues such as how long accounts would
remain open, where people would go to open accounts and how ACH files
would be transferred if there were no electricity and/or
telecommunications capacity. Another comment letter, from a trade
association, agreed with the need for flexibility in disaster
situations but urged Treasury to provide disaster victims with the
opportunity to receive Federal payments through the financial
institution of their choosing whenever possible. The letter also urged
Treasury to use all available communications media to apprise disaster
victims, the financial services sector and emergency assistance
organizations of the plan to deliver Federal payments in the aftermath
of a disaster.
The third comment letter was from a Federal agency. The agency
questioned how Treasury could deliver payments electronically in the
event that the infrastructure supporting direct deposit were disrupted.
The agency also raised other questions, such as how financial
institutions would provide account access to disaster victims who do
not have documentary evidence of their identities. Finally, the agency
argued that agency relief personnel and individual victims are in the
best position to decide how disaster relief payments should be
delivered, and that individuals should not be required to receive
payments electronically through accounts established for them by
Treasury.
We are aware that, depending on the nature of an emergency, the
delivery of payments by direct deposit could be disrupted by damage to
the payment system infrastructure. The purpose of the amendment to Part
208 was to provide Treasury with maximum flexibility for developing
payment solutions even in the event of disruptions to payment networks,
electricity and/or telecommunications. For example, in the event that
the direct deposit network were not operational, it might be possible
to deliver payments via other established electronic payment networks,
such as ATM networks and credit/debit card networks, or through other
means that might be developed depending upon the contingencies of a
particular situation. In the event that individuals could not provide
the standard identity documents that financial institutions typically
require, Treasury would work with benefit and relief agencies and
financial institutions to issue passwords that disaster victims could
use to access payments following the agencies' confirmation of victims'
identities on the basis of verifiable information held by the agency.
It is important to note that the interim final rule permits, but
does not require, Treasury to establish accounts for disaster victims.
Treasury intends to work closely with benefit and relief agencies to
determine how best to deliver funds in the event of an emergency.
Because it is impossible to know in advance precisely the circumstances
that a future disaster or emergency could present, the rule allows the
terms and conditions of such accounts to be established on the basis of
whatever is appropriate in a given situation. Thus, for example,
Treasury might consider establishing accounts for disaster victims
through which relief and assistance funds could be accessed at ATMs
and/or point-of-sale locations. Alternatively, in more exigent
circumstances, Treasury might work with one or more financial
institutions to provide electronic funds access through proprietary
arrangements with retailers, charitable organizations or other
unconventional means of access. The interim final rule gives Treasury
the authority to quickly establish accounts for disaster and emergency
victims, as well as the flexibility to determine what features such
accounts should have in order to meet the needs of agencies and payment
recipients.
Amendment of Part 208
The interim rule amended 31 CFR Part 208 by adding a new Sec.
208.11 that provides that Treasury may establish accounts at financial
institutions for victims of a disaster or emergency in order to allow
for the electronic delivery of Federal payments. New Sec. 208.11 gives
the Secretary flexibility to determine what features such accounts
should
[[Page 46380]]
have in light of the particular nature of the disaster or emergency.
Sections 208.4, 208.6, 208.7 and 210.5 of title 31 CFR do not apply to
the establishment of accounts or issuance of payments pursuant to this
section. For example, the waivers set forth in Sec. 208.4 are not
applicable in situations where Treasury is establishing accounts for
the express purpose of allowing for the delivery by EFT of Federal
payments to disaster victims. The requirement in Sec. Sec. 208.6 and
210.5 that a Federal non-vendor electronic payment be deposited to a
deposit account in the name of the recipient does not apply to accounts
established pursuant to Sec. 208.11, nor are agencies required to
notify check recipients and newly-eligible payment recipients of
options available to them, as is normally required under Sec. 208.7.
Further, Treasury will be able to deliver payments to accounts
established pursuant to Sec. 208.11, notwithstanding any other
instructions from the payment recipient.
Regulatory Analyses
Request for Comment on Plain Language
On June 1, 1998, the President issued a memorandum directing each
agency in the Executive branch to write its rules in plain language.
This directive is effective for all new proposed and final rulemaking
documents issued on or after January 1, 1999. We invite comment on how
to make this final rule clearer. For example, you may wish to discuss:
(1) Whether we have organized the material to suit your needs; (2)
whether the requirements of this final rule are clear; or (3) whether
there is something else we could do to make this rule easier to
understand.
Regulatory Planning and Review
The final rule does not meet the criteria for a ``significant
regulatory action'' as defined in Executive Order 12866. Therefore, the
regulatory review procedures contained therein do not apply.
Regulatory Flexibility Act Analysis
Because no notice of proposed rulemaking was required for this
final rule, the provisions of the Regulatory Flexibility Act (5 U.S.C.
601 et. seq.) do not apply.
List of Subjects in 31 CFR Part 208
Accounting, Automated Clearing House, Banks, Banking, Electronic
funds transfer, Financial institutions, Government payments.
Adoption of the Amendment
0
For the reasons set out in the preamble, under the authority of 5
U.S.C. 301 the interim rule amending 31 CFR Part 208 published at 71 FR
44584 is adopted as a final rule without change.
Dated: August 14, 2007.
Kenneth R. Papaj,
Commissioner.
[FR Doc. 07-4053 Filed 8-17-07; 8:45 am]
BILLING CODE 4810-35-M
