Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 48299 

Planning and Review,’’ § 3(d)(3) and, 

therefore, this action has not been 

reviewed by the Office of Management 

and Budget. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. This 

regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ This rule will not 

result in the expenditure by state, local, 

and tribal governments, in the aggregate, 

or by the private sector of $100,000,000 

or more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Finally, this action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. * 801 does not 

apply. 

List of Subjects in 28 CFR Part 14 

Authority delegations (government 

agencies), Claims. 

■ By virtue of the authority vested in me 

by part 0 of title 28 of the Code of 

Federal Regulations, including sections 

0.45, 0.160, 0.162, 0.164, and 0.168, 28 

CFR part 14 is amended as follows: 

PART 14—ADMINISTRATIVE CLAIMS 

UNDER TITLE FEDERAL TORT 

CLAIMS ACT 

■ 1. The authority citation for part 14 is 

revised to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, and 2672. 

■ 2. The appendix to part 14 is amended 

by adding at the end of the appendix 

‘‘Delegation of Authority to the 

Secretary of the Department of 

Homeland Security’’ to read as follows: 

APPENDIX TO PART 14—

DELEGATIONS OF SETTLEMENT 

AUTHORITY 

* * * * * 

Delegation of Authority to the Secretary of 

the Department of Homeland Security 

Authority To Compromise Tort Claims 

(a) The Secretary of the Department of 

Homeland Security shall have the authority 

to adjust, determine, compromise, and settle 

a claim involving the Department of 

Homeland Security under Section 2672 of 

Title 28, United States Code, relating to the 

administrative settlement of federal tort 

claims if the amount of the proposed 

adjustment, compromise, or award does not 

exceed $50,000. When the Secretary believes 

a claim pending before him presents a novel 

question of law or of policy, he shall obtain 

the advice of the Assistant Attorney General 

in charge of the Civil Division. 

(b) The Secretary may redelegate, in 

writing, the settlement authority delegated to 

him under this section. 

Dated: August 4, 2008. 

Gregory G. Katsas, 

Assistant Attorney General, Civil Division. 

[FR Doc. E8–19045 Filed 8–18–08; 8:45 am] 

BILLING CODE 4410–12–P 

POSTAL SERVICE 

39 CFR Part 111 

Automated Clearing House (ACH) 

Debit Added as New Method of 

Payment for Express Mail Corporate 

Account Customers 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: This final rule revises Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual 

(DMM), by making Automated 

Clearing House (ACH) debit a new 

method of payment for Express Mail

Corporate Account (EMCA) customers 

and eliminating the option to open new 

local trust accounts. The ACH system is 

a secure, private network that connects 

banks to one another by way of the 

Federal Reserve Board. This network 

enables electronic payments, such as 

ACH debits, to be handled and 

processed. EMCA customers will 

continue to have a total of three options 

to fund their accounts: Participate in the 

Centralized Account Processing System 

(CAPS); use a personal or business 

credit card; or authorize the USPS to 

originate an ACH debit from a specified 

bank account. Existing EMCA customers 

that fund their account from a local trust 

account will still be required to 

maintain minimum balances. 

This final rule also revises the DMM 

by adding provisions to close an EMCA 

funded by ACH debit payments. 

EFFECTIVE DATE: October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Grace Letto, 202–268–7247 or Garry 

Rodriguez, 202–268–7281, United States 

Postal Service. 

SUPPLEMENTARY INFORMATION: 

Comments 

There was one internal comment 

received on the October 10, 2007, 

proposed rule. The commenter 

recommended the existing language on 

closing accounts be revised as a result 

of the addition of ACH debit payment 

method. 

Based on the internal comment, we 

are updating DMM section 414.2.6, 

Closing Account, to maintain its 

applicability to the remaining trust 

accounts while they are being phased 

out and to add comparable provisions 

that apply to ACH debit and credit card 

payments. 

Current Policy 

EMCA customers could use one of the 

following payment methods to fund 

their accounts: 

a. Participate in the Centralized 

Account Processing System (CAPS). 

b. Use a personal or business credit 

card. 

c. Make an initial deposit with cash 

or by check of $250, or the total postage 

and fees expected during the first 4 

weeks of account usage, whichever is 

higher. After the first 4 weeks, the 

minimum balance in the account must 

equal an average week’s postage and 

fees, or $100, whichever is higher. 

The DMM currently provides the 

USPS the right to close an EMCA with 

10 days’ written advance notice to the 

account holder if the ending balance on 

the mailing activity statement is below 

the minimum balance required for two 

consecutive months. The USPS may 

also close an account with 10 days’

written advance notice if the account 

remains inactive for three consecutive 

months, unless circumstances warrant 

otherwise (e.g., a seasonal mailer, 

positive balance, etc.). 

Background 

The Postal Service is providing ACH 

debit as a new method of payment for 

EMCA customers and eliminating the 

option to open a new EMCA using a 

local trust account funded by cash and/ 

or check deposits as part of the Postal 

Service’s ongoing mission to help grow 

revenue in a competitive market by 

increasing efficiencies, enhancing 

financial controls, and reducing costs. 

By using an electronic payment 

option, customers will no longer have to 

go to a Post OfficeTM to make deposits 

into their EMCA trust accounts. This 

new payment option enhances financial 

control by reducing risk. 


ebenthall on PRODPC60 with RULES
48300 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

Summary 

This final rule eliminates the option 

to open a new EMCA using a local trust 

account funded by cash and/or check 

deposits and requires all new EMCA 

customers to fund their accounts using 

one of the following payment methods: 

a. Use a personal or business credit 

card. 

b. Authorize the USPS to originate an 

ACH debit from a specified bank 

account. 

c. Participate in the Centralized 

Account Processing System (CAPS) 

debit only if combined with other 

PostalOne! accounts such as permit 

imprint, Periodicals, and Business 

Reply Mail. 

This final rule also adds provisions to 

close an EMCA that apply as a result of 

the addition of ACH debit payments. 

Implementation 

The addition of the ACH debit 

payment method, the elimination of 

cash and check deposits to open new 

local trust accounts, and the updated 

provisions to close an account are 

effective October 1, 2008. 

Existing EMCA customers who 

deposit cash and checks in local trust 

accounts will be transitioned to 

electronic payment methods. Details of 

this process will be directly 

communicated to affected EMCA 

customers. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), which is 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201–

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

* * * * * 

400 Commercial Parcels 

* * * * * 

410 Express Mail 

* * * * * 

414 Postage Payment Methods 

* * * * * 

2.0 Corporate Accounts 

* * * * * 

[Revise the heading and text in 2.4 as 

follows:] 

2.4 Payment Method 

For opening and maintaining an 

account, the mailer may do any of the 

following: 

a. Use a personal or business credit 

card. 

b. Authorize the USPS to originate an 

Automated Clearing House (ACH) debit 

from a specified bank account. 

c. Participate in the Centralized 

Account Processing System (CAPS) 

debit only if combined with other 

PostalOne! accounts such as permit 

imprint, Periodicals, and Business 

Reply Mail. 

d. Existing EMCA customers who 

deposit cash and checks in local trust 

accounts must maintain a minimum 

balance in the account equal to an 

average week’s postage and fees, or 

$100, whichever is higher. 

* * * * * 

2.6 Closing Account 

[Revise the text in 2.6 as follows:] 

The USPS may close an account with 

10 days’ written advance notice to the 

account holder (and reserves the right to 

refer closed corporate accounts with 

negative balances or unpaid mailings to 

a collection agency), for any of the 

following reasons: 

a. The ending balance on the mailing 

activity statement is below the 

minimum balance required for two 

consecutive months. 

b. The account remains inactive for 

three consecutive months, unless 

circumstances warrant otherwise (e.g., a 

seasonal mailer, positive balance, etc.). 

c. For any unpaid mailings. 

d. There are repetitive unpaid 

mailings due to rejection of payment by 

the account holders’ credit card 

company or ACH institution. The 

closing of an account due to repetitive 

unpaid mailings caused by the rejection 

of the payment by the banking 

institution is subject to review by the 

manager, Business Mail Entry. 

* * * * * 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. E8–18886 Filed 8–18–08; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2008–0495; FRL–8706–7] 

Withdrawal of the Federal Water 

Quality Standards Use Designations 

for Soda Creek and Portions of Canyon 

Creek, South Fork Coeur d’Alene 

River, and Blackfoot River in Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to withdraw the Federal water 

quality standards designating cold water 

biota uses for Soda Creek and portions 

of Canyon Creek, South Fork Coeur 

d’Alene River, and Blackfoot River in 

Idaho. In July 1997, EPA promulgated a 

Federal rule designating uses for water 

bodies in the State of Idaho, including 

the designation of cold water biota for 

Soda Creek, and portions of Canyon 

Creek, South Fork Coeur d’Alene River, 

and Blackfoot River, with the exception 

of any portion in Indian country. These 

Federal water quality standards 

designating cold water biota uses are no 

longer necessary since EPA approved 

Idaho’s adopted uses that result in 

protection for cold water biota. EPA is 

also withdrawing the water quality 

standards variance provision applicable 

to these uses, because this provision is 

no longer necessary with the 

withdrawal of the Federal water quality 

standards designating these uses. 

DATES: This rule is effective on 

November 17, 2008 without further 

notice, unless EPA receives adverse 

comment by September 18, 2008. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OW–2008–0495, by one of the following 

methods: 

• www.regulations.gov: Follow the 

online instructions for submitting 

comments. 

• E-mail: ow-docket@epa.gov. 

• Mail to either: Water Docket, U.S. 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460 or 

Lisa Macchio, U.S. EPA, Region 10, 

Mailcode: OWW–131, 1200 Sixth 

Avenue, Suite 900, Seattle, Washington 

98101, Attention: Docket ID No. EPA–

HQ–OW–2008–0495. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 


ebenthall on PRODPC60 with RULES