Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 73841 

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 

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 

§ 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. 

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 

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 

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 


rljohnson on DSK3VPTVN1PROD with RULES
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] 

Drawbridge Operation Regulation; 

Mississippi River, Clinton, IA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulations. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Clinton 

Railroad Drawbridge, across the Upper 

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 72- 

hours 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 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: 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 


rljohnson on DSK3VPTVN1PROD with RULES