Regulatory Reorganization; Administrative Changes to Regulations Due to the Consolidation of the Financial Management Service and the Bureau of the Public Debt Into the Bureau of the Fiscal Service
Federal Register, Volume 78 Issue 191 (Wednesday, October 2, 2013)
Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)
Rules and Regulations
Pages 60695-60697
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-24133
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DEPARTMENT OF THE TREASURY
Fiscal Service
Bureau of the Fiscal Service
31 CFR Chapter II, Parts 202-391
RIN 1510-AB31
Regulatory Reorganization; Administrative Changes to Regulations Due to the Consolidation of the Financial Management Service and the Bureau of the Public Debt Into the Bureau of the Fiscal Service
AGENCY: Bureau of the Fiscal Service, Fiscal Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: On October 7, 2012, the Secretary of the Treasury issued Treasury Order 136-01, establishing within the Department of the Treasury (``Department'') the Bureau of the Fiscal Service (``Fiscal Service''). The new bureau consolidated the bureaus formerly known as the Financial Management Service (``FMS'') and the Bureau of the Public Debt (``BPD''). Treasury Order 136-01 was published in the Federal Register on May 24, 2013. This consolidation requires reorganization of, and administrative changes to, title 31 of the Code of Federal Regulations. This final rule renames subchapter A, transfers parts 306 through 391 of subchapter B to subchapter A, and removes and reserves subchapter B in 31 CFR chapter II.
DATES: This rule is effective on October 2, 2013.
FOR FURTHER INFORMATION CONTACT: Elisha Garvey, Attorney-Advisor, 202-
504-3715 or elisha.garvey@bpd.treas.gov; or Frank Supik, Senior Counsel, 202-874-6638 or frank.supik@fms.treas.gov.
Page 60696
SUPPLEMENTARY INFORMATION:
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Background
On October 7, 2012, the Secretary of the Treasury issued Treasury Order 136-01. The Department published the Order in the Federal Register at 78 FR 31629 on May 24, 2013. The Order consolidated and redesignated the bureaus formerly known as BPD and FMS into a new entity, the Bureau of the Fiscal Service. The Order delegates to the Commissioner, Bureau of the Fiscal Service, the authority that was previously delegated to the Commissioner of the Public Debt and the Commissioner, Financial Management Service. The Order also provides for the continuation of all administrative actions of BPD and FMS in effect on October 7, 2012. Treasury Order 136-01 provides that the Commissioner, Bureau of the Fiscal Service, has all authorities, functions, and duties delegated to the Commissioner of the Public Debt and the Commissioner, FMS, in effect on October 7, 2012 and any other authorities, functions, and duties assigned by the Secretary or his designee.
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Reorganization of, and Administrative Changes to, Title 31 CFR
Title 31, Code of Federal Regulations (31 CFR), Subtitle B (Regulations Relating to Money and Finance (Continued), Chapter II (Fiscal Service, Department of the Treasury) currently contains two subchapters: 1) ``Subchapter A--Financial Management Service''; and 2) ``Subchapter B--Bureau of the Public Debt.''
Treasury Order 136-01 consolidated the two bureaus into one newly-
established bureau. Accordingly, this final rule reorganizes 31 CFR, Subtitle B, Chapter II, into one subchapter. The current subchapter A will be retitled ``Subchapter A--Bureau of the Fiscal Service.'' The new subchapter A will contain current subchapter A's existing parts 200-285 and current subchapter B's existing parts 306-391. Since current subchapter B's regulations will be moved to new subchapter A, subchapter B will be removed and reserved.
This final rule does not make any changes to the current requirements of the regulations in 31 CFR Subtitle B, Chapter II, Subchapters A and B. It merely consolidates the regulations of the bureaus formerly known as FMS and BPD into one subchapter to apply to the Fiscal Service. The rule does not renumber or rename any existing parts of 31 CFR Parts 200-391. This rule makes some changes to agency names and Web sites to conform to the name of the new bureau.
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Administrative Procedure Act
Pursuant to the Administrative Procedure Act (APA) at 5 U.S.C. 553(b)(3)(B), notice and comment are not required prior to the issuance of a final rule if an agency, for good cause, finds that ``notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.''
This final rule merely makes technical or conforming nonsubstantive amendments to the regulations to reflect the Order, which: (1) established the Fiscal Service; and (2) consolidated FMS and BPD into the Fiscal Service. In addition, this final rule improves the organization of the Fiscal Service's regulations. It makes no substantive changes and does not change or impose additional requirements that necessitate adjustments by entities subject to the Fiscal Service's regulations. Instead, it merely repromulgates existing regulations. Moreover, to the extent that the final rule updates regulations to reflect the bureau's name and contact information, it will help reduce confusion regarding the correct entity to contact.
Therefore, the Fiscal Service has concluded that advance notice and comment under the APA is unnecessary and not in the public interest.
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Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule because there are no new or revised recordkeeping or reporting requirements.
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Regulatory Flexibility Act
Because this final rule is not required to be preceded by a notice of proposed rulemaking under the Administrative Procedure Act (5 U.S.C. 553), the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
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Executive Order 12866
This final rule is not a significant regulatory action as defined in Executive Order 12866. Accordingly, this final rule is not subject to the analysis required by the Executive Order.
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Effective Date
This final rule is effective on October 2, 2013. A final rule may be published with an immediate effective date if an agency finds good cause and publishes such with the final rule.\1\ The purpose of a delayed effective date is to allow regulated entities to comply with new requirements. As described above, the final rule makes nonsubstantive, technical changes and does not require entities to make substantive changes to their behavior in a substantive manner. Therefore, the Fiscal Service finds good cause under 5 U.S.C. 553(d) to dispense with a delayed effective date.
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\1\ 5 U.S.C. 553(d)(3).
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List of Subjects
31 CFR Part 202
Banks, Banking.
31 CFR Part 203
Banks, Banking, Electronic funds transfers, taxes.
31 CFR Part 205
Administrative practice and procedure, Electronic funds transfers, Grant programs, Intergovernmental relations.
31 CFR Part 206
Accounting, Banks, Banking, Electronic funds transfers.
31 CFR Part 208
Accounting, Banks, Banking, Electronic funds transfers.
31 CFR Part 210
Electronic funds transfers, Fraud.
31 CFR Part 211
Foreign banking, Foreign claims.
31 CFR Part 212
Benefit payments, Exempt payments, Financial institutions, Garnishment, Preemption, Recordkeeping.
31 CFR Part 215
Employment taxes, Government employees, Income taxes, Intergovernmental relations.
31 CFR Part 223
Administrative practice and procedure, Surety bonds.
31 CFR Part 224
Surety bonds.
31 CFR Part 225
Government securities, Surety bonds.
31 CFR Part 226
Banks, Banking, Insurance, Taxes.
31 CFR Part 235
Banks, Banking, Claims, Forgery.
31 CFR Part 240
Banks, Banking, Forgery.
Page 60697
31 CFR Part 245
Banks, Banking, Claims, Reporting and recordkeeping requirements.
31 CFR Part 248
Banks, Banking, Claims, Foreign banking.
31 CFR Part 250
Foreign claims.
31 CFR Part 256
Claims.
31 CFR Part 270
Freedom of information.
31 CFR Part 281
Foreign currencies.
31 CFR Part 285
Administrative practice and procedure, Claims, Credit, Income taxes.
31 CFR Part 306
Government securities.
31 CFR Part 308
Government securities.
31 CFR Part 309
Government securities.
31 CFR Part 312
Credit unions, Savings associations.
31 CFR Part 315
Bonds.
31 CFR Part 316
Bonds.
31 CFR Part 317
Banks, Banking, Bonds.
31 CFR Part 321
Banks, Banking, Bonds.
31 CFR Part 323
Freedom of information.
31 CFR Part 328
Banks, Banking, Government securities.
31 CFR Part 330
Banks, Banking, Bonds.
31 CFR Part 332
Bonds.
31 CFR Part 337
Government securities.
31 CFR Part 339
Bonds.
31 CFR Part 340
Bonds.
31 CFR Part 341
Bonds, Retirement.
31 CFR Part 342
Bonds.
31 CFR Part 343
Bonds, Mortgage insurance.
31 CFR Part 344
Bonds, Government securities, Reporting and recordkeeping requirements.
31 CFR Part 345
Government securities.
31 CFR Part 346
Bonds, Retirement.
31 CFR Part 348
Banks, Banking, Electronic funds transfers, Government securities.
31 CFR Part 351
Bonds.
31 CFR Part 352
Bonds.
31 CFR Part 353
Bonds.
31 CFR Part 354
Loan programs-education, Securities, Student aid, Student Loan Marketing Association (Sallie Mae).
31 CFR Part 355
Banks, Banking, Claims, Government securities.
31 CFR Part 356
Banks, Banking, Bonds, Government securities, Reporting and recordkeeping requirements.
31 CFR Part 357
Banks, Banking, Bonds, Electronic funds transfers, Government securities, Reporting and recordkeeping requirements.
31 CFR Part 358
Banks, Banking, Government securities.
31 CFR Part 359
Bonds.
31 CFR Part 360
Bonds.
31 CFR Part 361
Claims, Common carriers, Freight, Government property.
31 CFR Part 362
Claims, Common carriers, Freight, Government property.
31 CFR Part 363
Bonds, Securities.
31 CFR Part 370
Electronic funds transfers, Government securities, Reporting and recordkeeping requirements.
31 CFR Part 375
Bonds, Government securities.
31 CFR Part 380
Government securities, Surety bonds.
31 CFR Part 391
Banks, Banking, Bonds, Government securities, Claims.
Authority and Issuance
The Fiscal Service amends chapter II of title 31, subtitle B, of the Code of Federal Regulations as follows:
Title 31--Money and Finance: Treasury
CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY
SUBCHAPTER A--BUREAU OF THE FISCAL SERVICE
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Revise the heading of 31 CFR chapter II, subchapter A, to read as set forth above.
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Amend parts 202-285 as follows:
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Remove all references to ``Financial Management Service'' and add, in their place, ``Bureau of the Fiscal Service''.
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Remove all references to ``FMS'' and add, in their place, ``Fiscal Service''.
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Remove all references to ``www.fms.treas.gov'' and add, in each place, ``www.fiscal.treasury.gov''.
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Transfer parts 306, 308-309, 312, 315-317, 321, 323, 328, 330, 332, 337, 339-346, 348, 351-363, 370, 375, 380 and 391 from subchapter B to subchapter A.
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Amend parts 306-391 as follows:
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Remove all references to ``Bureau of the Public Debt'' and add, in their place, ``Bureau of the Fiscal Service''.
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Remove all references to ``BPD'' and ``Public Debt'' and add, in their place, ``Fiscal Service''.
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Remove all references to ``www.publicdebt.treas.gov'' and add, in each place, ``www.fiscal.treasury.gov''.
SUBCHAPTER B--REMOVED AND RESERVED
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Remove and reserve 31 CFR chapter II, subchapter B.
By the Department of the Treasury.
Dated: September 27, 2013.
Richard L. Gregg,
Fiscal Assistant Secretary.
FR Doc. 2013-24133 Filed 10-1-13; 8:45 am
BILLING CODE 4810-35-P
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