[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60695-60697]
From the Federal Register Online via the Government Publishing 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 [email protected]; or Frank Supik, Senior 
Counsel, 202-874-6638 or [email protected].

[[Page 60696]]


SUPPLEMENTARY INFORMATION:

I. 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.

II. 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.

III. 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.

IV. 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.

V. 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.

VI. 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.

VII. 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

0
1. Revise the heading of 31 CFR chapter II, subchapter A, to read as 
set forth above.

0
2. Amend parts 202-285 as follows:

0
a. Remove all references to ``Financial Management Service'' and add, 
in their place, ``Bureau of the Fiscal Service''.
0
b. Remove all references to ``FMS'' and add, in their place, ``Fiscal 
Service''.
0
c. Remove all references to ``www.fms.treas.gov'' and add, in each 
place, ``www.fiscal.treasury.gov''.

0
3. 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.

0
4. Amend parts 306-391 as follows:
0
a. Remove all references to ``Bureau of the Public Debt'' and add, in 
their place, ``Bureau of the Fiscal Service''.
0
b. Remove all references to ``BPD'' and ``Public Debt'' and add, in 
their place, ``Fiscal Service''.
0
c. Remove all references to ``www.publicdebt.treas.gov'' and add, in 
each place, ``www.fiscal.treasury.gov''.

SUBCHAPTER B--[REMOVED AND RESERVED]

0
5. 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]
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