Federal Government Participation in the Automated Clearing House, 73841-73842 [2014-29198]

Download as PDF Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations publication in the Federal Register of the amendments to § 553.702, unless otherwise specified by statute (in the event of a statutory amendment to the limit of liability), or in the Federal Register rule amending § 553.702. [FR Doc. 2014–29093 Filed 12–11–14; 8:45 am] BILLING CODE 4310–MR–P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 210 RIN 1510–AB24 Federal Government Participation in the Automated Clearing House Bureau of the Fiscal Service, Treasury. ACTION: Final rule; technical correction. AGENCY: This document corrects a technical error that appeared in the July 24, 2014 amendments to our regulation governing the use of the Automated Clearing House (ACH) network by Federal agencies. DATES: This technical correction is effective December 12, 2014. FOR FURTHER INFORMATION CONTACT: Ian Macoy, Director, Settlement Services Division, at (202) 874–6835 or ian.macoy@fiscal.treasury.gov or Natalie H. Diana, Senior Counsel, at (202) 874– 6680 or natalie.diana@ fiscal.treasury.gov. SUMMARY: SUPPLEMENTARY INFORMATION: Background On July 24, 2014, the Bureau of the Fiscal Service (Service) published a final rule in the Federal Register (79 FR 42974) to amend our regulation at 31 CFR part 210 (Part 210) governing the use of the ACH network by Federal agencies. Among the revisions to Part 210 that were published in the final rule were several non-substantive changes to § 210.8(b) to reflect the re-numbering of the NACHA Rules and the updated citation to the Consumer Financial Protection Bureau’s Regulation E. In revising § 210.8(b), subparagraphs (1) and (2) of paragraph (b) were inadvertently omitted due to a drafting error. rljohnson on DSK3VPTVN1PROD with RULES Description of Correction This action corrects the omission of paragraphs (b)(1) and (2) from § 210.8(b). In the section-by-section analysis of the final rule preamble published on July 24, 2014, the Service stated that the changes to § 210.8 consisted of the replacement of specific VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 ACH Rules references to reflect renumbering of the ACH Rules and the updating of the regulatory citation to Regulation E to reflect its re-codification at 12 CFR part 1005. There was no indication in the section-by-section analysis or discussion elsewhere in the preamble of the deletion of subparagraphs (1) and (2), which have no relation to the reasons for the technical revisions to § 210.8, i.e., the re-numbering of the ACH Rules and the re-codification of Regulation E. Similarly, there was no proposal to make any substantive change to § 210.8 in the preamble or section-by-section analysis of the Service’s notice of proposed rulemaking to amend Part 210, which was published on December 12, 2013 (78 FR 75528). Subparagraphs (1) and (2) were omitted by error from the final rule purely due to a drafting error in which the text of the subparagraphs was not included in the amendatory instructions to § 210.8(b). Procedural Matters Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, and provides a statement of the reasons for that finding, the agency may issue a final rule without providing notice and an opportunity for public comment. The APA also generally requires that a final rule be effective no sooner than 30 days after the date of publication in the Federal Register. This 30-day delay in effective date can be waived, however, if an agency finds good cause why the effective date should not be delayed, and the agency incorporates a statement of the findings and its reasons in the rule issued. The Service finds that there is good cause, and that it would be contrary to the public interest and unnecessary, to undertake notice and comment procedures to make this technical correction. As discussed above, the preamble and the section-by-section analysis to both the notice of proposed rulemaking and the final rule amendments correctly refer to and discuss the substance of the section affected by this technical correction. The Service is also waiving the 30-day delay in effective date for this correction. We believe that it is in the public interest to ensure that the correction be made as expeditiously as possible to avoid confusion. Therefore, we find that delaying the effective date of this correction would be contrary to the public interest and we find good PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 73841 cause to waive the 30-day delay in the effective date. This document is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866, entitled Regulatory Planning and Review. The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant impact on a substantial number of small entities. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act do not apply. List of Subjects in 31 CFR Part 210 Automated Clearing House, Electronic funds transfer, Financial institutions, Fraud, and Incorporation by reference. Words of Issuance Accordingly, 31 CFR part 210 is corrected by making the following correcting amendments: PART 210—FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED CLEARING HOUSE 1. The authority citation for part 210 continues to read as follows: ■ Authority: 5 U.S.C. 5525; 12 U.S.C. 391; 31 U.S.C. 321, 3301, 3302, 3321, 3332, 3335, and 3720. 2. Amend § 210.8 by revising paragraph (b) to read as follows: ■ § 210.8 Financial institutions. * * * * * (b) Liability. Notwithstanding ACH Rules Subsections 2.4.4, 2.8.4, 4.8.5, 2.9.2, 3.2.2, and 3.13.3, if the Federal Government sustains a loss as a result of a financial institution’s failure to handle an entry in accordance with this part, the financial institution shall be liable to the Federal Government for the loss, up to the amount of the entry, except as otherwise provided in this section. A financial institution shall not be liable to any third party for any loss or damage resulting directly or indirectly from an agency’s error or omission in originating an entry. Nothing in this section shall affect any obligation or liability of a financial institution under Regulation E, 12 CFR part 1005, or the Electronic Funds Transfer Act, 12 U.S.C. 1693 et seq. (1) An ODFI that transmits a debit entry to an agency without the prior written or similarly authenticated E:\FR\FM\12DER1.SGM 12DER1 73842 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations authorization of the agency, shall be liable to the Federal Government for the amount of the transaction, plus interest. The Service may collect such funds using procedures established in the applicable ACH Rules or by instructing a Federal Reserve Bank to debit the ODFI’s account at the Federal Reserve Bank of the account of its designated correspondent. The interest charge shall be at a rate equal to the Federal funds rate plus two percent, and shall be assessed for each calendar day, from the day the Treasury General Account (TGA) was debited to the day the TGA is recredited with the full amount due. (2) An RDFI that accepts an authorization in violation of § 210.4(a) shall be liable to the Federal Government for all credits or debits made in reliance on the authorization. An RDFI that transmits to an agency an authorization containing an incorrect account number shall be liable to the Federal Government for any resulting loss, up to the amount of the payment(s) made on the basis of the incorrect number. If an agency determines, after appropriate investigation, that a loss has occurred because an RDFI transmitted an authorization or notification of change containing an incorrect account number, the agency may instruct the Service to direct a Federal Reserve Bank to debit the RDFI’s account for the amount of the payment(s) made on the basis of the incorrect number. The agency shall notify the RDFI of the results of its investigation and provide the RDFI with a reasonable opportunity to respond before initiating such a debit. * * * * * Dated: December 9, 2014. Margaret Marquette, Chief Counsel, Bureau of the Fiscal Service. [FR Doc. 2014–29198 Filed 12–11–14; 8:45 am] BILLING CODE P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0875] rljohnson on DSK3VPTVN1PROD with RULES Drawbridge Operation Regulation; Mississippi River, Clinton, IA Coast Guard, DHS. Notice of deviation from drawbridge regulations. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Clinton Railroad Drawbridge, across the Upper SUMMARY: VerDate Sep<11>2014 14:38 Dec 11, 2014 Jkt 235001 Mississippi River, mile 518.0, at Clinton, Iowa. The deviation is necessary to allow the bridge owner time to perform preventive maintenance that is essential to the continued safe operation of the drawbridge. Maintenance is scheduled in the winter when there is less impact on navigation; instead of scheduling work in the summer, when river traffic increases. This deviation allows the bridge to open on signal if at least 24-hours advance notice is given. It further allows the bridge to open on signal if at least 72hours advance notice is given from January 5, 2015 to February 13, 2015. DATES: This deviation is effective from 5 p.m., December 15, 2014 until 9 a.m., March 1, 2015. ADDRESSES: The docket for this deviation, (USCG–2014–0875) is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation, West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314–269–2378, email Eric.Washburn@ uscg.mil. If you have questions on viewing the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The Union Pacific Railroad requested a temporary deviation for the Clinton Railroad Drawbridge, across the Upper Mississippi River, mile 518.0, at Clinton, Iowa to open on signal if at least 24-hours advance notice is given for 76 days from 5 p.m., December 15, 2014 to 9 a.m., March 1, 2015 for scheduled maintenance on the bridge. The deviation further allows the bridge to open on signal if at least 72-hours advance notice from 8 a.m. January 5, 2015 until 5 p.m. February 13, 2015. The Clinton Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridge shall open on signal. There are no alternate routes for vessels transiting this section of the Upper Mississippi River. Winter conditions on the Upper Mississippi River coupled with the PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 closure of Army Corps of Engineer’s Lock No. 17 (Mile 437.1 UMR) and Lock No. 20 (Mile 343.2 UMR) from 7 a.m. January 5, 2015 until 12 p.m., March 6, 2015 will preclude any significant navigation demands for the drawspan opening. In addition, Army Corps Lock No. 12 (Mile 556.7 UMR) and Lock No. 13 (Mile 522.5 UMR) will be closed from 7:30 a.m., December 15, 2014 until 11 a.m. March 4, 2015. The Clinton Railroad Drawbridge, in the closed-to-navigation position, provides a vertical clearance of 18.7 feet above normal pool. Navigation on the waterway consists primarily of commercial tows and recreational watercraft and will not be significantly impacted. This temporary deviation has been coordinated with waterway users and will not be significantly impacted. No objections were received. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 25, 2014. Eric A. Washburn, Bridge Administrator, Western Rivers. [FR Doc. 2014–29212 Filed 12–11–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2005–TX–0002; FRL–9920– 34–Region 6] Approval and Promulgation of Air Quality Implementation Plans; Texas; Repeal of Lead Emission Rules for Stationary Sources in El Paso and Dallas County Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the State Implementation Plan (SIP) for Texas which repeals lead emission rules which cover stationary sources in El Paso and Dallas county that are no longer in existence. This action is being taken under section 110(k) and part D of the Clean Air Act (CAA). DATES: This rule is effective on February 10, 2015 without further notice, unless EPA receives relevant adverse comment by January 12, 2015. If EPA receives such comment, EPA will publish a SUMMARY: E:\FR\FM\12DER1.SGM 12DER1

Agencies

[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73841-73842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29198]


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DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 210

RIN 1510-AB24


Federal Government Participation in the Automated Clearing House

AGENCY: Bureau of the Fiscal Service, Treasury.

ACTION: Final rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects a technical error that appeared in the 
July 24, 2014 amendments to our regulation governing the use of the 
Automated Clearing House (ACH) network by Federal agencies.

DATES: This technical correction is effective December 12, 2014.

FOR FURTHER INFORMATION CONTACT: Ian Macoy, Director, Settlement 
Services Division, at (202) 874-6835 or ian.macoy@fiscal.treasury.gov 
or Natalie H. Diana, Senior Counsel, at (202) 874-6680 or 
natalie.diana@fiscal.treasury.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On July 24, 2014, the Bureau of the Fiscal Service (Service) 
published a final rule in the Federal Register (79 FR 42974) to amend 
our regulation at 31 CFR part 210 (Part 210) governing the use of the 
ACH network by Federal agencies. Among the revisions to Part 210 that 
were published in the final rule were several non-substantive changes 
to Sec.  210.8(b) to reflect the re-numbering of the NACHA Rules and 
the updated citation to the Consumer Financial Protection Bureau's 
Regulation E. In revising Sec.  210.8(b), subparagraphs (1) and (2) of 
paragraph (b) were inadvertently omitted due to a drafting error.

Description of Correction

    This action corrects the omission of paragraphs (b)(1) and (2) from 
Sec.  210.8(b). In the section-by-section analysis of the final rule 
preamble published on July 24, 2014, the Service stated that the 
changes to Sec.  210.8 consisted of the replacement of specific ACH 
Rules references to reflect re-numbering of the ACH Rules and the 
updating of the regulatory citation to Regulation E to reflect its re-
codification at 12 CFR part 1005. There was no indication in the 
section-by-section analysis or discussion elsewhere in the preamble of 
the deletion of subparagraphs (1) and (2), which have no relation to 
the reasons for the technical revisions to Sec.  210.8, i.e., the re-
numbering of the ACH Rules and the re-codification of Regulation E. 
Similarly, there was no proposal to make any substantive change to 
Sec.  210.8 in the preamble or section-by-section analysis of the 
Service's notice of proposed rulemaking to amend Part 210, which was 
published on December 12, 2013 (78 FR 75528). Subparagraphs (1) and (2) 
were omitted by error from the final rule purely due to a drafting 
error in which the text of the subparagraphs was not included in the 
amendatory instructions to Sec.  210.8(b).

Procedural Matters

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, and provides a statement of the reasons for 
that finding, the agency may issue a final rule without providing 
notice and an opportunity for public comment. The APA also generally 
requires that a final rule be effective no sooner than 30 days after 
the date of publication in the Federal Register. This 30-day delay in 
effective date can be waived, however, if an agency finds good cause 
why the effective date should not be delayed, and the agency 
incorporates a statement of the findings and its reasons in the rule 
issued.
    The Service finds that there is good cause, and that it would be 
contrary to the public interest and unnecessary, to undertake notice 
and comment procedures to make this technical correction. As discussed 
above, the preamble and the section-by-section analysis to both the 
notice of proposed rulemaking and the final rule amendments correctly 
refer to and discuss the substance of the section affected by this 
technical correction. The Service is also waiving the 30-day delay in 
effective date for this correction. We believe that it is in the public 
interest to ensure that the correction be made as expeditiously as 
possible to avoid confusion. Therefore, we find that delaying the 
effective date of this correction would be contrary to the public 
interest and we find good cause to waive the 30-day delay in the 
effective date.
    This document is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866, entitled Regulatory Planning and Review.
    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act or any other 
statute unless the agency certifies that the rule will not have a 
significant impact on a substantial number of small entities. Because 
no notice of proposed rulemaking is required, the provisions of the 
Regulatory Flexibility Act do not apply.

List of Subjects in 31 CFR Part 210

    Automated Clearing House, Electronic funds transfer, Financial 
institutions, Fraud, and Incorporation by reference.

Words of Issuance

    Accordingly, 31 CFR part 210 is corrected by making the following 
correcting amendments:

 PART 210--FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED 
CLEARING HOUSE

0
1. The authority citation for part 210 continues to read as follows:

    Authority:  5 U.S.C. 5525; 12 U.S.C. 391; 31 U.S.C. 321, 3301, 
3302, 3321, 3332, 3335, and 3720.


0
2. Amend Sec.  210.8 by revising paragraph (b) to read as follows:


Sec.  210.8  Financial institutions.

* * * * *
    (b) Liability. Notwithstanding ACH Rules Subsections 2.4.4, 2.8.4, 
4.8.5, 2.9.2, 3.2.2, and 3.13.3, if the Federal Government sustains a 
loss as a result of a financial institution's failure to handle an 
entry in accordance with this part, the financial institution shall be 
liable to the Federal Government for the loss, up to the amount of the 
entry, except as otherwise provided in this section. A financial 
institution shall not be liable to any third party for any loss or 
damage resulting directly or indirectly from an agency's error or 
omission in originating an entry. Nothing in this section shall affect 
any obligation or liability of a financial institution under Regulation 
E, 12 CFR part 1005, or the Electronic Funds Transfer Act, 12 U.S.C. 
1693 et seq.
    (1) An ODFI that transmits a debit entry to an agency without the 
prior written or similarly authenticated

[[Page 73842]]

authorization of the agency, shall be liable to the Federal Government 
for the amount of the transaction, plus interest. The Service may 
collect such funds using procedures established in the applicable ACH 
Rules or by instructing a Federal Reserve Bank to debit the ODFI's 
account at the Federal Reserve Bank of the account of its designated 
correspondent. The interest charge shall be at a rate equal to the 
Federal funds rate plus two percent, and shall be assessed for each 
calendar day, from the day the Treasury General Account (TGA) was 
debited to the day the TGA is recredited with the full amount due.
    (2) An RDFI that accepts an authorization in violation of Sec.  
210.4(a) shall be liable to the Federal Government for all credits or 
debits made in reliance on the authorization. An RDFI that transmits to 
an agency an authorization containing an incorrect account number shall 
be liable to the Federal Government for any resulting loss, up to the 
amount of the payment(s) made on the basis of the incorrect number. If 
an agency determines, after appropriate investigation, that a loss has 
occurred because an RDFI transmitted an authorization or notification 
of change containing an incorrect account number, the agency may 
instruct the Service to direct a Federal Reserve Bank to debit the 
RDFI's account for the amount of the payment(s) made on the basis of 
the incorrect number. The agency shall notify the RDFI of the results 
of its investigation and provide the RDFI with a reasonable opportunity 
to respond before initiating such a debit.
* * * * *

    Dated: December 9, 2014.
Margaret Marquette,
Chief Counsel, Bureau of the Fiscal Service.
[FR Doc. 2014-29198 Filed 12-11-14; 8:45 am]
BILLING CODE P