[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Rules and Regulations]
[Pages 7500-7501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3619]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 24 and 178

[T.D. 99-11]
RIN 1515-AC26


Automated Clearinghouse Credit

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document adopts as a final rule interim amendments to the 
Customs Regulations which provided for payments of funds to Customs by 
Automated Clearinghouse (ACH) credit. Under ACH credit, a payer 
transmits daily statement, deferred tax, and bill payments 
electronically through a financial institution directly to a Customs 
account maintained by the Department of the Treasury. ACH credit allows 
the payer to exercise more control over the payment process, does not 
require the disclosure of bank account information to Customs, and 
expands the types of payments that may be made through ACH.

EFFECTIVE DATE: February 16, 1999.

FOR FURTHER INFORMATION CONTACT: Ben Robbin, Financial Systems 
Division, Financial Management Services Center, Office of Finance, U.S. 
Customs Service (317-298-1520, ext. 1428).

SUPPLEMENTARY INFORMATION:

Background

    On May 28, 1998, Customs published T.D. 98-51 in the Federal 
Register (63 FR 29122) setting forth interim amendments to the Customs 
Regulations to provide for the electronic transfer of funds to Customs 
for commercial transactions through the Automated Clearinghouse (ACH) 
credit procedure. Under ACH credit, a payer transmits daily statement, 
deferred tax, and bill payments electronically through a financial 
institution directly to a Customs account maintained by the Department 
of the Treasury. The ACH credit procedure offers a number of advantages 
when compared to the previously implemented ACH debit procedure 
provided for in Sec. 24.25 of the Customs Regulations (19 CFR 24.25). 
These advantages include the fact that ACH credit allows the payer to 
exercise more control over the payment process, does not require the 
disclosure of bank account information to the Government, expands the 
types of payments that may be made through ACH, and does not require 
action on the part of the Government when an individual payment is 
effected.
    The interim amendments contained in T.D. 98-51 involved (1) the 
addition of a new Sec. 24.26 (19 CFR 24.26) to cover the ACH credit 
procedure and (2) a number of consequential wording changes in 
Sec. 24.25 to clarify when the references to ACH in that section 
pertain only to the ACH debit procedure and not to the ACH credit 
procedure of new Sec. 24.26. These interim regulatory amendments went 
into effect on June 29, 1998, and the notice prescribed a public 
comment period which closed on July 27, 1998.
    No comments were received during the prescribed public comment 
period. Accordingly, Customs believes that the interim regulatory 
amendments should be adopted as a final rule without change. This 
document also includes an appropriate update of the list of information 
collection approvals contained in Sec. 178.2 of the Customs Regulations 
(19 CFR 178.2).

Executive Order 12866

    This document does not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

Regulatory Flexibility Act

    Pursuant to the provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), it is certified that the amendments will not have 
a significant economic impact on a substantial number of small 
entities. ACH credit is a voluntary payment procedure that provides 
increased benefits in efficiency, control, and privacy to payers who 
elect to make payments to Customs by electronic funds transfer. 
Accordingly, the amendments are not subject to the regulatory analysis 
or other requirements of 5 U.S.C. 603 and 604.

Paperwork Reduction Act

    The collection of information contained in this final rule has been 
reviewed and approved by the Office of Management and Budget (OMB) in 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) 
under control number 1515-0218. An agency may not conduct or sponsor, 
and a person is not required to respond to, a collection of information 
unless it displays a valid control number assigned by OMB.
    The collection of information in this final rule is in Sec. 24.26. 
This information is required in connection with an election to use the 
ACH credit procedure for making electronic payments of funds to 
Customs. The information will be used by the U.S. Customs Service to 
ensure that payments to Customs are properly transmitted, received, and 
credited. The likely respondents are business organizations including 
importers, exporters and manufacturers.
    The estimated average annual burden associated with the collection 
of information in this final rule is .083 hours per respondent or 
recordkeeper. Comments concerning the accuracy of this burden estimate 
and suggestions for reducing this burden should be directed to the U.S. 
Customs Service, Information Services Group, Office of Finance, 1300 
Pennsylvania Avenue, N.W., Washington, D.C. 20229, and to OMB, 
Attention: Desk Officer for the Department of the Treasury, Office of 
Information and Regulatory Affairs, Washington, D.C. 20503.

[[Page 7501]]

List of Subjects

19 CFR Part 24

    Accounting, Claims, Customs duties and inspection, Imports, Taxes.

19 CFR Part 178

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

Amendments to the Regulations

    For the reasons stated in the preamble, under the authority of 19 
U.S.C. 66 and 1624 the interim rule amending 19 CFR Part 24 which was 
published at 63 FR 29122 on May 28, 1998, is adopted as a final rule 
without change, and Part 178 of the Customs Regulations (19 CFR Part 
178) is amended as set forth below.

PART 178--APPROVAL OF INFORMATION COLLECTION REQUIREMENTS

    1. The authority citation for Part 178 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 et seq.
    2. Section 178.2 is amended by adding a new listing to the table in 
numerical order to read as follows:


Sec. 178.2  Listing of OMB control numbers.

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                                                             OMB control
           19 CFR Section                  Description           No.
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Sec.  24.26........................  Automated                 1515-0218
                                      Clearinghouse Credit.
 
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Raymond W. Kelly,
Commissioner of Customs.

    Approved: January 15, 1999.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 99-3619 Filed 2-12-99; 8:45 am]
BILLING CODE 4820-02-P