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DEPARTMENT OF STATE and exception to the requirement in DEPARTMENT OF THE TREASURY ITAR parts 122 and 129 to renew 22 CFR Parts 120, 122, 123, 124, and registration as a manufacturer, exporter, Fiscal Service 129 and/or broker and pay a fee on an [Public Notice: 11094] annual basis by extending ITAR 31 CFR Part 208 registrations with an expiration date of [Docket No.: FISCAL–2018–0001] International Traffic in Arms February 29, March 31, April 30, May Regulations: Notification of Temporary 31, or June 30, 2020—for two (2) months RIN 1510–AB26 Suspension, Modification, or from the original date of expiration. Exception to Regulations 2. As of March 13, 2020, a temporary Management of Federal Agency suspension, modification, and exception Disbursements AGENCY: Department of State. to the limitations on the duration of AGENCY: ACTION: Temporary suspensions, ITAR licenses and agreements contained Bureau of the Fiscal Service, modifications, and exceptions. in ITAR parts 120 through 130, Fiscal Service, Treasury. including but not necessarily limited to ACTION: Final rule. SUMMARY: The Department of State is ITAR §§ 123.5(a), 123.21(a), and issuing this document to inform the SUMMARY: The Department of the 129.6(e), to extend any license or public of certain temporary Treasury (Treasury), Bureau of the agreement that expires between March suspensions, modifications, and 13, 2020 and May 31, 2020—for six (6) Fiscal Service (Fiscal Service or ‘‘we’’), exceptions for the durations described months from the original date of is adopting the changes proposed in its herein to several provisions of the expiration so long as there is no change Notice of Proposed Rulemaking for its International Traffic in Arms to the scope or value of the regulation that requires electronic Regulations (ITAR). These actions are authorization and no Name/Address delivery of all Federal payments aside taken in order to ensure continuity of changes are required. This six (6) month from tax payments. The final rule operations within the Directorate of extension is warranted in light of the eliminates obsolete references in the Defense Trade Controls (DDTC) and unique challenges applicants face in the regulation, including references to the among entities registered with DDTC SM current environment when attempting Electronic Transfer Account (ETA ). In pursuant to the ITAR during the current to coordinate with U.S. and foreign addition, the final rule provides for the SARS–COV2 public health emergency. business partners regarding the scope of disbursement of non-benefit payments, DATES: This document is issued May 1, applications. including tax payments, through 2020. 3. As of March 13, 2020, a temporary Treasury-sponsored accounts, such as FOR FURTHER INFORMATION CONTACT: suspension, modification, and exception the U.S. Debit Card. The final rule does Sarah Heidema, Office of Defense Trade to the requirement that a regular not mandate the electronic delivery of Controls Policy, U.S. Department of employee, for purposes of ITAR tax payments or affect the Direct ® State, telephone (202) 663–1282, or § 120.39(a)(2), work at the company’s Express program, which will continue email [email protected]. facilities, to allow the individual to to be available to recipients of benefit ATTN: Notice of Suspension, work at a remote work location, so long payments. Modification, or Exception. as the individual is not located in DATES: Effective June 1, 2020. SUPPLEMENTARY INFORMATION: Russia or a country listed in ITAR In order to ADDRESSES: You can download this final ensure continuity of operations within § 126.1. This suspension, modification, rule at the following internet address: the Directorate of Defense Trade and exception shall terminate on July https://fiscal.treasury.gov/fsservices/ 31, 2020, unless otherwise extended in Controls (DDTC) and among entities gov/pmt/eft/regulations.htm. registered with DDTC pursuant to part writing. FOR FURTHER INFORMATION CONTACT: 122 of the International Traffic in Arms 4. As of March 13, 2020, a temporary Regulations (ITAR), DDTC provides suspension, modification, and exception Brett Smith, Director, EFT Strategy notice of the temporary suspension, to authorize regular employees of Division, at (202) 874–6666 or modification, or exception to several licensed entities who are working [email protected]; Natalie ITAR provisions. These actions are remotely in a country not currently H. Diana, Senior Counsel, at (202) 874– being taken pursuant to ITAR § 126.2, authorized by a technical assistance 6680 or natalie.diana@ which allows for the temporary agreement, manufacturing license fiscal.treasury.gov; or Caitlin Gehring, suspension or modification of agreement, or exemption to send, Attorney Advisor, at (202) 874–5710 or provisions of the ITAR, and ITAR receive, or access any technical data [email protected]. § 126.3, which allows for exceptions to authorized for export, reexport, or SUPPLEMENTARY INFORMATION: retransfer to their employer via a provisions of the ITAR. These actions I. Background are in the interest of the security and technical assistance agreement, foreign policy of the United States. manufacturing license agreement, or On October 16, 2019, we published a Further, they are warranted as a result exemption so long as the regular Notice of Proposed Rulemaking (NPRM) of the exceptional and undue hardships employee is not located in Russia or a at 84 FR 55267, requesting comment on and risks to safety caused by the public country listed in ITAR § 126.1. This proposed amendments to 31 CFR part health emergency related to the SARS– suspension, modification, and exception 208 (part 208), which implements the COV2 pandemic. The President shall terminate on July 31, 2020, unless requirements of 31 U.S.C. 3332 (Section declared a national emergency on March otherwise extended in writing. 3332). Section 3332 generally requires 13, 2020, as a result of this public health Authority: 22 CFR 126.2 and 126.3 that all Federal nontax payments be crisis.1 made by electronic funds transfer (EFT), 1. As of February 29, 2020, a Zachary A. Parker, unless waived by the Secretary of the temporary suspension, modification, Director, Office of Directives Management, Treasury. The Secretary must ensure U.S. Department of State. that individuals required to receive 1 Proclamation 9994 of March 13, 2020, 85 FR [FR Doc. 2020–08839 Filed 4–30–20; 8:45 am] Federal payments by EFT have access to 15337 (Mar. 18, 2020). BILLING CODE 4710–25–P an account at a financial institution ‘‘at

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a reasonable cost’’ and with ‘‘the same financial institution designated as Fiscal sponsored accounts may be made using consumer protections with respect to Service’s financial agent. Federal any kind of electronic funds transfer, the account as other account holders at entities and programs use the U.S. Debit including mobile payments, push the same financial institution.’’ See 31 Card to make payments for a variety of payments and payment over debit and U.S.C. 3332(f), (i)(2). Direct deposit is purposes, including stipends, awards, credit card networks, whether these the primary method used to make EFT grants, and travel reimbursements for payment methods are expressly Federal payments. We are updating part local visitors and international guests. referenced in the wording of the 208 to reflect the evolution of Fiscal In recent years, Fiscal Service has definition or not. Service’s payment technologies and to engaged in testing and developing eliminate obsolete ETA references and payment methods to facilitate the III. Summary of Final Rule expired EFT waiver categories. The electronic delivery of Federal non- In the Final Rule we are adopting all waiver categories that have not expired benefit payments, in order to reduce of the amendments to part 208 that were remain in place without change. We are check payments and provide more proposed in the NPRM, as follows: adopting as final all of the amendments options for payment recipients. In We are removing now-obsolete proposed in the NPRM. particular, Fiscal Service is testing the references to the ETA from the Fiscal Service has had great success in delivery of payments to virtual accounts regulation. The ETA program ended in reducing check payments, but still must (which are accessed online or through a September 2018. print and mail more than 50 million mobile device rather than a plastic We are eliminating waiver provisions checks each year. More than half of card), as well as implementing that have expired due to the passage of these are for non-benefit payments, capabilities to enable payment time. When part 208 was promulgated especially tax payments. Over the years, recipients to receive payments in real- in 2010, it included a provision stating Fiscal Service has implemented time by providing a debit card number. that individuals receiving Federal multiple solutions to facilitate The U.S. Debit Card program now payments by check on March 1, 2011, electronic payments. includes this functionality. could continue to do so through A. ETA II. Public Comment and Fiscal Service February 28, 2013. In addition, the rule provides that individuals who file In conjunction with the 1998 Response claims for Federal benefits before March publication of part 208, Fiscal Service Fiscal Service sought public comment 1, 2011, and who request check developed the ETA, a low-cost account on the proposed rule for 60 days to payments when they file, may receive offered by participating financial assist the agency in giving full payments by check through February institutions for those individuals who consideration to the matters discussed 28, 2013. Since the February 28, 2013 wish to receive their Federal payments in the proposed rule. We received deadline has expired, these provisions by direct deposit. See Notice of comments from one company, Visa, Inc. no longer have any effect and there is Electronic Transfer Account Features, Visa supported the proposed changes no purpose in retaining them in the 64 FR 38510 (July 16, 1999). Fiscal and suggested one clarification. We rule. All other waiver provisions remain Service determined to end the program appreciate Visa’s support of the changes unchanged. in 2017 and as of September 2018 all and Fiscal Service’s efforts to embrace We are amending the definition of ETA accounts were closed. innovative payment technologies. Visa recommended clarifying the ‘‘Federal payment’’ for purposes of part ® B. Direct Express Card definition of ‘‘electronic funds transfer’’ 208 to include payments made under In 2008, Fiscal Service introduced the to include disbursements to Treasury- the Internal Revenue Code of 1986, to Direct Express® Debit MasterCard® card. sponsored accounts made through any support the delivery of tax payments via The Direct Express card is a low-cost electronic payment method, including Treasury-sponsored accounts. Tax prepaid debit card account developed but not limited to debit and credit payments continue to be excluded from for Federal benefit recipients (initially, networks, push payments, and mobile the electronic payment mandate that for Social Security and Supplemental payments. Currently, Part 208 defines applies to other Federal payments, Security Income payment recipients). In ‘‘electronic funds transfer’’ as a transfer consistent with Section 3332. However, 2010, Fiscal Service amended part 208 ‘‘that is initiated through an electronic the definitional change provides to establish the Direct Express card as terminal, telephone, computer, or flexibility to offer taxpayers Treasury- an account that meets the requirements magnetic tape,’’ and gives examples of sponsored accounts as an electronic of Section 3332(i), which ensures that ‘‘Automated Clearing House transfers, payment alternative for the receipt of payment recipients have access to an Fedwire transfers, and transfers made at tax payments on a voluntary basis. account at a reasonable cost and with automated teller machines and point-of- Lastly, we are revising part 208 to the same consumer protections as other sale terminals.’’ As Visa noted in its provide for the use of other ‘‘Treasury- account holders at the financial comment, the definition of ‘‘electronic sponsored accounts’’ for the delivery of institution that issues the card. funds transfer’’ is taken from the statute Federal payments. The revisions that Part 208 implements. See 31 U.S.C. provide flexibility to implement new C. U.S. Debit Card 3332(j)(1). (Note that the definition is methods of making payments, with the Since 2008, Fiscal Service has also also substantially the same definition ultimate goal of reducing check sponsored another prepaid card used in the Electronic Fund Transfer payments, modernizing Fiscal Service’s account, the U.S. Debit Card, to support Act. See 12 U.S.C. 1693a(7).) payment capabilities, and offering our efforts to reduce the number of non- We believe that departing from the payment recipients electronic benefit payments made by cash or statutory definition in the rule could alternatives to checks or direct deposit check. The U.S. Debit Card program cause confusion by implying that the to a traditional bank account. We are not enables agencies to make Federal non- regulation covers transfers that the changing the regulatory treatment of benefit payments to recipients through statute does not. Accordingly, we are Direct Express accounts or making any prepaid debit cards instead of through not revising the definition of ‘‘electronic changes to the Direct Express program. checks or cash. The accounts are issued, funds transfer’’ in the final rule. The concept of Treasury-sponsored and the program is operated, by a However, disbursements to Treasury- accounts and the features of the U.S.

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Debit Card program are discussed B. U.S. Debit Card transaction fees. See General Purpose immediately below. Historically, Fiscal Service structured Reloadable Cards: Penetration, Use, Fees A. Treasury-Sponsored Accounts the U.S. Debit Card program as a and Fraud Risks, The Federal Reserve Bank of Kansas City, RWP 14–01, In order to support existing and conventional general purpose prepaid card program, which provides payment February 2017. In contrast, the U.S. emerging methods of paying Debit Card carries no monthly fee and individuals, Fiscal Service is adding a recipients with access to their funds via can be used at no cost in many cases. new term, ‘‘Treasury-sponsored a plastic card. Recently, Fiscal Service There are no fees for cardholders to sign account,’’ to the regulation. A Treasury- expanded the U.S. Debit Card program sponsored account is defined as an to include a new virtual account option, up for or activate the card; receive account that a Treasury-designated which allows payment recipients to deposits; make purchases at retail financial agent establishes and establish a prepaid account accessible locations, online or by telephone; or get administers for an individual for the through their mobile devices or online cash at retail locations and financial disbursement of Federal payments, without the use of a plastic card. institutions. Cardholders can check upon terms and conditions that Payment recipients who open a virtual their balances and sign up for alerts via Treasury considers appropriate. The U.S. Debit Card account have the the mobile app, text, telephone or email. term ‘‘Treasury-sponsored account’’ capability to move their funds in real- If desired, a cardholder may receive a includes, but is not limited to, Direct time through Direct to Debit monthly paper statement. There are no Express and U.S. Debit Cards. Although functionality, which allows the fees for declined transactions. Fiscal Service does not have current cardholder to transfer funds on the basis Cardholders may close their card plans to develop Treasury-sponsored of a debit card number. They may also account at any time without a fee. accounts other than Direct Express and opt to have a plastic U.S. Debit Card to Cardholders may make purchases U.S. Debit Cards, this terminology access funds in the account if they so anywhere VISA® is accepted, including provides flexibility for the future. choose. Currently the regulation only In the NPRM, Fiscal Service described millions of retail locations worldwide, addresses the use of accounts the features and fees of the U.S. Debit online, or by telephone. Similarly, established by financial agents to Card and requested comment on our cardholders may make unlimited free accomplish disbursement of benefit view that the U.S. Debit Card meets the cash withdrawals and check their payments and accounts established for statutory ‘‘reasonable cost’’ and ‘‘same account balances at Allpoint ATMs as disaster victims. The final rule broadens consumer protection’’ requirements of well as one free out-of-network ATM the uses of accounts established by Section 3332. One comment was cash withdrawal for every Federal financial agents for disbursement received in support of that view. No payment the cardholder receives. There purposes, including to disburse not just comments were received in opposition are also other means by which benefit payments but also of that view. cardholders may access their funds for miscellaneous, vendor, expense As discussed in the NPRM, a 2014 free. Cardholders can transfer funds for reimbursement and tax payments. study by the Federal Reserve Bank of free to a bank account and have free use Treasury-sponsored accounts are Kansas City found that prepaid of Money NetworkTM checks to access required to be made available at a cardholders pay, on average, $11 per their funds. The free services and reasonable cost and with the same month in fees. Some of the fees minimal fees are fully disclosed in consumer protections provided to other included in that amount are monthly, materials that are provided to new U.S. account holders at the financial account maintenance, IVR and ATM Debit Card account holders, as shown in institution, thereby meeting the balance inquiry, ATM withdrawal, PIN the following chart: requirements of Section 3332. and signature transaction, and declined

FEE SCHEDULE

Transaction type Fees

Inactivity Fee *1 (3 consecutive months of no activity) ...... $1.50. Money NetworkTM Check (use, order, or stop payment; cash at participating check-cashing locations) ...... 0.00. Signature Point-of-Sale Transactions (for purchases, declines and returns) | U.S. and Non-U.S ...... 0.00. PIN Point-of-Sale Transactions—with or without Cash Back (for purchases and declines) | U.S. and Non-U.S ...... 0.00. PIN Point-of-Sale Transactions—with or without Cash Back (for returns) | U.S. and Non-U.S ...... 0.00. ATM Withdrawals | U.S. In-Network ATMs including AllPoint Network ATMs (Unlimited) ...... 0.00. ATM Withdrawals | U.S. Out-of-Network ATMs (First Free per deposit) ...... 2.00. ATM Withdrawals | Non-U.S. ATMs ...... 3.00. ATM Inquiries | U.S. and Non-U.S ...... 0.25. Declined Point-of-Sale (POS) Transaction ...... 0.00. Bank Teller Over-the-Counter Cash Withdrawal (at any bank that displays the logo shown on your card) ...... 7.00. Third-party wallet tokenization (load, transfer, or ACH) * ...... 0.01. Transfer Funds to a Bank Account via ACH transfer * ...... 0.00. Monthly Paper Statement by Mail * ...... 0.00. Periodic Monthly Paper Statement Expedited Mail * ...... N/A. Balance Inquiries and Alerts | via Mobile App, Automated Phone System, Customer Service, Online Access, or 0.00. Notifications (push, email or text) *. Customer Service 24/7 * ...... $0.00. * Disbursement or funds transfer via Direct to Debit ...... * 0.15 + Network Costs. Replacement Card with Standard Delivery ...... $7.50. Replacement Card with Expedited Delivery ...... 24.50.

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U.S. Debit Card cardholders are § 208.3 institution. These requirements reflect protected by Regulation E (12 CFR part Section 208.3 currently states that, that Treasury may deliver payments to 1005), which generally provides certain subject to § 208.4, and notwithstanding such accounts and the maintenance of protections to a cardholder whose card any other provision of law, all Federal accounts and the provision of account- is lost or stolen, as well as VISA’s Zero payments made by an agency shall be related services under this section shall Liability protection. Card balances are made by electronic funds transfer. constitute reasonable duties of a covered by deposit insurance by the Section 208.3 added a sentence stating Financial Agent of the United States. Federal Deposit Insurance Corporation that this requirement does not apply to (FDIC) to the extent allowed by law. § 208.6 payments under the Internal Revenue IV. Section-by-Section Analysis Code of 1986. The sentence is necessary Currently § 208.6 provides that an because the change to the definition of individual who receives a benefit § 208.1 Federal payment includes payments payment is eligible to open a Direct We are amending § 208.1 by removing made under the Internal Revenue Code Express account, under terms and the statement that part 208 does not of 1986. conditions established by Treasury. This apply to tax payments. In the final rule, section also provides that the offering of part 208 allows for the delivery of tax § 208.4 a Direct Express account constitutes the payments to Treasury-sponsored Section 208.4 contains waivers from provision of EBT services within the accounts, but does not mandate that tax the requirement that a Federal payment meaning of Public Law 104–208. In the payments be made by EFT. be made electronically. We are final rule, § 208.6 is broadened to § 208.2 eliminating the text of current provide that an individual who receives paragraphs (a)(1)(i) and (ii). Those a Federal payment is eligible to open a The definition of ‘‘disbursement’’ in provisions provide, respectively, (i) that Treasury-sponsored account, under the context of electronic benefit transfer, payment recipients who were receiving terms and conditions established by is broadened into a definition of their payments from an agency by check Treasury. The sentence referring to disbursement for not just benefit before March 1, 2011, may to continue Public Law 104–208 has been deleted as payments but also non-benefit to receive those payments by check unnecessary in light of revisions to the payments. The final rule substitutes the through February 28, 2013 and (ii) that definition of ‘‘electronic benefit phrase ‘‘payments electronically individuals who filed claims for Federal transfer.’’ delivered to Treasury-sponsored payments before March 1, 2011, and § 208.7 accounts’’ for the existing phrase who requested check payments when ‘‘electronic benefit transfer.’’ they filed, are permitted to receive The definition of ‘‘electronic benefits Section 208.7 is unchanged except payments by check through February transfer’’ (EBT), substitutes the phrase that the reference to a Direct Express 28, 2013. Because those time periods ‘‘Treasury-sponsored account’’ for the account is replaced by a reference to a existing phrase ‘‘a Direct Express card’’ have expired, the waivers are no longer ‘‘Treasury-sponsored account.’’ needed in the regulation. The remaining and removes the reference to the ETA. § 208.8 Thus, the definition of electronic paragraphs of § 208.4(a)(1) are unchanged except that references to benefits transfer includes Direct Express We are adding a sentence to current Direct Express accounts are replaced by but not be limited to Direct Express. A § 208.8 that states that for recipients references to ‘‘Treasury-sponsored reference to Public Law 104–208 has who do not designate a bank account for accounts.’’ been added to make it clear that the the receipt of payments, Treasury may Section 208.4(a)(2) through (7) are definition of ‘‘electronic benefits disburse payments to a Treasury- unchanged. Section 208.4(b) is transfer’’ applies to the various sponsored account or to an account to unchanged except to reflect the references in the public law to which the recipient is receiving other renumbering of § 208.4(a)(1) resulting electronic benefits transfer. Federal payments. We are eliminating the definition of from the deletion of the obsolete ETA. waivers. § 208.9–11 We are amending the definition of § 208.5 Federal payment to include payments We are not changing § 208.9, § 208.10, made under the Internal Revenue Code Current § 208.5 addresses the or § 208.11. provision of ETA accounts. We are of 1986, which are currently excluded V. Procedural Analysis from the definition. eliminating the text of § 208.5 in its The definition of Financial Agent is entirety and replacing it with a Regulatory Planning and Review revised to include a financial institution provision stating that Treasury may that has been designated by Treasury as designate a Financial Agent to establish The final rule does not meet the a Financial Agent for the provision of and administer accounts for individuals criteria for a ‘‘significant regulatory electronic funds transfer services as for the disbursement of Federal action’’ as defined in Executive Order well. Currently, the definition of payments. Federal payments, as defined 12866. Therefore, the regulatory review Financial Agent for purposes of part 208 in § 208.2, include not only benefit procedures contained therein do not is limited to a financial agent that payments but also miscellaneous, apply. provides electronic benefit transfer vendor, expense reimbursement and tax Regulatory Flexibility Act (EBT) services. payments. Section 208.5 provides that We added a new term, ‘‘Treasury- such accounts may be established upon It is hereby certified that the final rule sponsored account,’’ defined as a Direct terms and conditions that the Secretary will not have a significant economic Express card account, a U.S. Debit Card considers appropriate or necessary and impact on a substantial number of small account, or another account established that they shall be made available at a entities. The rule provisions being pursuant to § 208.5 or § 208.11. reasonable cost and with the same amended apply to individuals who We added a definition of U.S. Debit consumer protections provided to other receive Federal payments, and do not Card to part 208. account holders at the financial have any direct impact on small entities.

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Unfunded Mandates Act of 1995 Agency means any department, Federal payment means any payment Section 202 of the Unfunded agency, or instrumentality of the United made by an agency. The term includes, Mandates Reform Act of 1995, 2 U.S.C. States Government, or a corporation but is not limited to: 1532 (Unfunded Mandates Act), owned or controlled by the Government (1) Federal wage, salary, and requires that the agency prepare a of the United States. retirement payments; Authorized payment agent means any budgetary impact statement before (2) Vendor and expense individual or entity that is appointed or promulgating any rule likely to result in reimbursement payments; otherwise selected as a representative (3) Benefit payments; a Federal mandate that may result in the payee or fiduciary, under regulations of expenditure by State, local, and tribal (4) Miscellaneous payments the Social Security Administration, the including, but not limited to: governments, in the aggregate, or by the Department of Veterans Affairs, the private sector, of $100 million or more Interagency payments; grants; loans; Railroad Retirement Board, or other fees; principal, interest, and other in any one year. If a budgetary impact agency making Federal payments, to act statement is required, section 205 of the payments related to U.S. marketable and on behalf of an individual entitled to a nonmarketable securities; overpayment Unfunded Mandates Act also requires Federal payment. the agency to identify and consider a ® reimbursements; and payments under Direct Express card means the Federal insurance or guarantee reasonable number of regulatory prepaid debit card issued to recipients alternatives before promulgating the programs for loans; and of Federal benefits by a Financial Agent (5) Payments under the Internal rule. We have determined that the final pursuant to requirements established by rule will not result in expenditures by Revenue Code of 1986 (26 U.S.C.). Treasury. Federal/State EBT program means State, local, and tribal governments, in Disbursement means, in the context of the aggregate, or by the private sector, of any program that provides access to payments delivered to Treasury- Federal benefit, wage, salary, and $100 million or more in any one year. sponsored accounts, the performance of Accordingly, we have not prepared a retirement payments and to State- the following duties by a Financial administered benefits through a single budgetary impact statement or Agent acting as agent of the United specifically addressed any regulatory delivery system and in which Treasury States: designates a Financial Agent to disburse alternatives. (1) The establishment of an account the Federal payments. for the recipient that meets the List of Subjects in 31 CFR Part 208 Federally-insured financial institution requirements of the Federal Deposit means any financial institution, the Banks, banking, Debit card, Insurance Corporation or the National deposits of which are insured by the Disbursement, Electronic funds transfer, Credit Union Administration Board for Federal Deposit Insurance Corporation Federal payment, Treasury-sponsored deposit or share insurance; account. (2) The maintenance of such an under 12 U.S.C. Chapter 16 or, in the ■ For the reasons set out in the account; case of a credit union, the member preamble, 31 CFR part 208 is revised to (3) The receipt of Federal payments accounts of which are insured by the read as follows: through the Automated Clearing House National Credit Union Share Insurance system or other electronic means and Fund under 12 U.S.C. Chapter 14, PART 208—MANAGEMENT OF crediting of Federal payments to the Subchapter II. FEDERAL AGENCY DISBURSEMENTS account; and Financial Agent means a financial (4) The provision of recipient access institution that has been designated by Sec. to funds in the account on the terms Treasury as a Financial Agent for the 208.1 Scope and application. specified by Treasury. provision of electronic funds transfer or 208.2 Definitions. EBT services under any provision of 208.3 Payment by electronic funds transfer. Electronic benefits transfer (EBT) 208.4 Waivers. means the provision of Federal benefit, Federal law, including 12 U.S.C. 90, 208.5 Accounts for disbursement of Federal wage, salary, and retirement payments 265, 266, 1767, and 1789a, and 31 payments. electronically, through disbursement by U.S.C. 3122 and 3303, as amended by 208.6 Availability of Treasury-sponsored a financial institution acting as a the Omnibus Consolidated accounts. Financial Agent. For purposes of this Appropriations Act, 1997, Section 664, 208.7 Agency responsibilities. part and Public Law 104–208, EBT Public Law 104–208. 208.8 Recipient responsibilities. includes, but is not limited to, Financial institution means: 208.9 Compliance. disbursement through a Treasury- (1) Any insured bank as defined in 208.10 Reservation of rights. section 3 of the Federal Deposit 208.11 Accounts for disaster victims. sponsored account or a Federal/State EBT program. Insurance Act (12 U.S.C. 1813) or any Authority: 5 U.S.C. 301; 12 U.S.C. 90, 265, Electronic funds transfer means any bank which is eligible to make 266, 1767, 1789a; 31 U.S.C. 321, 3122, 3301, transfer of funds, other than a application to become an insured bank 3302, 3303, 3321, 3325, 3327, 3328, 3332, under section 5 of such Act (12 U.S.C. 3335, 3336, 6503. transaction originated by cash, check, or similar paper instrument that is 1815); § 208.1 Scope and application. initiated through an electronic terminal, (2) Any mutual savings bank as This part applies to all Federal telephone, computer, or magnetic tape, defined in section 3 of the Federal payments made by an agency. Except as for the purpose of ordering, instructing, Deposit Insurance Act (12 U.S.C. 1813) specified in § 208.4, this part requires or authorizing a financial institution to or any bank which is eligible to make payments, other than payments made debit or credit an account. The term application to become an insured bank under the Internal Revenue Code of includes, but is not limited to, under section 5 of such Act (12 U.S.C. 1986, to be made by electronic funds Automated Clearing House transfers, 1815); transfer. Fedwire transfers, and transfers made at (3) Any savings bank as defined in automated teller machines and point-of- section 3 of the Federal Deposit § 208.2 Definitions. sale terminals. For purposes of this part Insurance Act (12 U.S.C. 1813) or any The following definitions apply to only, the term electronic funds transfer bank which is eligible to make this part: includes a credit card transaction. application to become an insured bank

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under section 5 of such Act (12 U.S.C. suspension or cancellation of the (b) An individual who requests a 1815); individual’s Treasury-sponsored waiver under paragraphs (a)(1)(iv) and (4) Any insured credit union as account by the Financial Agent; (v) of this section shall provide, in defined in section 101 of the Federal (iv) Has filed a waiver request with writing, to Treasury a certification Credit Union Act (12 U.S.C. 1752) or Treasury certifying that payment by supporting that request, in such form any credit union which is eligible to electronic funds transfer would impose that Treasury may prescribe. The make application to become an insured a hardship because of the individual’s individual shall attest to the credit union under section 201 of such inability to manage an account at a certification before a notary public, or Act (12 U.S.C. 1781); financial institution or a Treasury- otherwise file the certification in such (5) Any savings association as defined sponsored account due to a mental form that Treasury may prescribe. in section 3 of the Federal Deposit impairment, and Treasury has not Insurance Act (12 U.S.C. 1813) which is rejected the request; or § 208.5 Accounts for disbursement of Federal payments. an insured depository institution (as (v) Has filed a waiver request with defined in such Act) (12 U.S.C. 1811 et Treasury certifying that payment by Treasury may designate a Financial seq.) or is eligible to apply to become an electronic funds transfer would impose Agent to establish and administer insured depository institution under the a hardship because of the individual’s Treasury-sponsored accounts for Federal Deposit Insurance Act (12 inability to manage an account at a individuals for the disbursement of U.S.C. 1811 et seq.); and financial institution or a Treasury- Federal payments, including benefit, (6) Any agency or branch of a foreign sponsored account due to the individual retirement, salary, miscellaneous, bank as defined in section 1(b) of the living in a remote geographic location vendor, expense reimbursement and tax International Banking Act, as amended lacking the infrastructure to support payments. Such accounts may be (12 U.S.C. 3101). electronic financial transactions, and established upon terms and conditions Individual means a natural person. Treasury has not rejected the request; that the Secretary considers appropriate Recipient means an individual, (2) Where the political, financial, or or necessary and shall be made available corporation, or other public or private communications infrastructure in a at a reasonable cost and with the same entity that is authorized to receive a foreign country does not support consumer protections provided to other Federal payment from an agency. payment by electronic funds transfer; account holders at the financial Secretary means Secretary of the (3) Where the payment is to a institution. Treasury may deliver Treasury. recipient within an area designated by payments to such accounts and the Treasury means the United States the President or an authorized agency maintenance of accounts and the Department of the Treasury. administrator as a disaster area. This provision of account-related services Treasury-sponsored account means a waiver is limited to payments made under this section shall constitute Direct Express card account, a U.S. within 120 days after the disaster is reasonable duties of a Financial Agent Debit Card account, or another account declared; of the United States. established pursuant to § 208.5 or (4) Where either: § 208.11. (i) A military operation is designated § 208.6 Availability of Treasury-sponsored accounts. U.S. Debit Card means the prepaid by the Secretary of Defense in which debit card issued to recipients of certain uniformed services undertake military An individual who receives a Federal Federal payments by a Financial Agent actions against an enemy; or payment shall be eligible to open a pursuant to requirements established by (ii) A call or order to, or retention on, Treasury-sponsored account under Treasury. active duty of members of the terms and conditions established by Treasury. § 208.3 Payment by electronic funds uniformed services is made during a transfer. war or national emergency declared by § 208.7 Agency responsibilities. Subject to § 208.4, and the President or Congress; An agency shall put into place (5) Where a threat may be posed to notwithstanding any other provision of procedures that allow recipients to national security, the life or physical law, all Federal payments made by an provide the information necessary for safety of any individual may be agency shall be made by electronic the delivery of payments to the recipient endangered, or a law enforcement action funds transfer. This requirement does by electronic funds transfer to an may be compromised; not apply to payments under the account at the recipient’s financial (6) Where the agency does not expect Internal Revenue Code of 1986. institution or to a Treasury-sponsored to make payments to the same recipient account. § 208.4 Waivers. within a one-year period on a regular, (a) Payment by electronic funds recurring basis and remittance data § 208.8 Recipient responsibilities. transfer is not required in the following explaining the purpose of the payment Each recipient who is required to cases: is not readily available from the receive payment by electronic funds (1) Where an individual: recipient’s financial institution transfer shall provide the information (i) Was born prior to May 1, 1921, and receiving the payment by electronic necessary to effect payment by was receiving payment by check on funds transfer; and electronic funds transfer. For recipients March 1, 2013; (7) Where an agency’s need for goods who do not designate a bank account for (ii) Receives a type of payment for and services is of such unusual and the receipt of payments, Treasury may which Treasury does not offer delivery compelling urgency that the disburse payments to a Treasury- to a Treasury-sponsored account. In Government would be seriously injured sponsored account or to an account to such cases, those payments are not unless payment is made by a method which the recipient is receiving other required to be made by electronic funds other than electronic funds transfer; or, Federal payments. transfer, unless and until such payments where there is only one source for goods become eligible for deposit to a or services and the Government would § 208.9 Compliance. Treasury-sponsored account; be seriously injured unless payment is (a) Treasury will monitor agencies’ (iii) Is ineligible for a Treasury- made by a method other than electronic compliance with this part. Treasury may sponsored account because of funds transfer. require agencies to provide information

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about their progress in converting Emergency Assistance Act (42 U.S.C. DATES: This rule will be effective on payments to electronic funds transfer. 5121 et seq.). The maintenance of June 1, 2020. (b) If an agency fails to make payment accounts and the provision of account- ADDRESSES: The EPA has established a by electronic funds transfer, as related services under this section shall docket for this action under Docket ID prescribed under this part, Treasury constitute reasonable duties of a No. EPA–R09–OAR–2019–0564. All may assess a charge to the agency Financial Agent of the United States. documents in the docket are listed on pursuant to 31 U.S.C. 3335. David A. Lebryk, the https://www.regulations.gov § 208.10 Reservation of rights. Fiscal Assistant Secretary. website. Although listed in the index, The Secretary reserves the right, in [FR Doc. 2020–08058 Filed 4–30–20; 8:45 am] some information is not publicly the Secretary’s discretion, to waive any BILLING CODE P available, e.g., Confidential Business provision(s) of this part in any case or Information or other information whose class of cases. disclosure is restricted by statute. ENVIRONMENTAL PROTECTION Certain other material, such as § 208.11 Accounts for disaster victims. AGENCY copyrighted material, is not placed on Treasury may establish and the internet and will be publicly administer accounts at any financial 40 CFR Part 52 available only in hard copy form. institution designated as a Financial [EPA–R09–OAR–2019–0564; FRL–10006– Publicly available docket materials are Agent for disaster victims in order to 63–Region 9] available through https:// allow for the delivery by electronic www.regulations.gov, or please contact funds transfer of one or more Federal Air Plan Approval; California; Mojave the person identified in the FOR FURTHER payments. Such accounts may be Desert Air Quality Management District INFORMATION CONTACT section for additional availability information. established upon terms and conditions AGENCY: Environmental Protection that the Secretary considers appropriate Agency (EPA). FOR FURTHER INFORMATION CONTACT: or necessary in light of the ACTION: Final rule. Rebecca Newhouse, EPA Region IX, 75 circumstances. Treasury may deliver Hawthorne St., San Francisco, CA payments to these accounts SUMMARY: The Environmental Protection 94105. By phone: (415) 972–3004 or by notwithstanding any other payment Agency (EPA) is taking final action to email at [email protected]. instructions from the recipient and approve revisions to the Mojave Desert without regard to the requirements of Air Quality Management District SUPPLEMENTARY INFORMATION: §§ 208.4 and 208.7 and § 210.5 of this (MDAQMD) portion of the California Throughout this document, ‘‘we,’’ ‘‘us’’ chapter. For purposes of this section, State Implementation Plan (SIP). These and ‘‘our’’ refer to the EPA. ‘‘disaster victim’’ means an individual revisions concern emissions of volatile Table of Contents or entity located within an emergency organic compounds (VOCs) from area, or an individual or entity that has organic liquid and gasoline transfer and I. Proposed Action relocated or been displaced from an storage operations. We are approving II. Public Comments and EPA Responses emergency area as a result of a major local rules that regulate these emission III. EPA Action disaster or emergency. ‘‘Emergency sources under the Clean Air Act (CAA IV. Incorporation by Reference area’’ means a geographical area in or the Act). We are also converting the V. Statutory and Executive Order Reviews which there exists an emergency or conditional approval of the MDAQMD’s I. Proposed Action disaster declared by the President reasonably available control technology pursuant to the National Emergencies (RACT) SIPs for the 1997 and 2008 On November 20, 2019 (84 FR 64035), Act (50 U.S.C. 1601 et seq.) or the ozone standards, as it applies to these the EPA proposed to approve the Robert T. Stafford Disaster Relief and rules, to a full approval. following rules into the California SIP.

Local agency Rule No. Rule title Amended Submitted

MDAQMD ...... 461 Gasoline Transfer and Dispensing ...... 01/22/2018 05/23/2018 MDAQMD ...... 462 Organic Liquid Loading ...... 01/22/2018 05/23/2018 MDAQMD ...... 463 Storage of Organic Liquids ...... 01/22/2018 05/23/2018

We proposed to approve these rules full approval. Our proposed action support or opposition to the EPA’s because we determined that they contains more information on the rules proposal. We thank these commenters comply with the relevant CAA and our evaluation. for their input. requirements. We also proposed to find The issues raised by the five II. Public Comments and EPA that the rule revisions fulfill remaining commenters are described Responses commitments made by the District and below, followed by the EPA’s response. the California Air Resources Board The EPA’s proposed action provided One commenter asked why the EPA (CARB) necessary for the EPA to convert a 30-day public comment period. During proposed to enforce the updated the partial conditional approval of the the comment period, we received regulations only in the Mojave Desert, District’s RACT demonstrations for the seventeen anonymous comments. Ten and not in the remainder of the United 1997 8-hr ozone National Ambient Air commenters supported EPA’s proposal. States, and two more wrote that Quality Standards (NAAQS) and the Two commenters discussed the impacts although the proposed rule is a ‘‘great’’ 2008 8-hr ozone NAAQS (also referred of air pollution generally, and the revision to the Mojave AQMD rules, to as the 2006 and 2015 RACT SIPs) importance of clean air and regulating ‘‘the EPA needs to use their power of with respect to Rules 461, 462, and 463 emissions from gasoline in the Mojave regulating emission sources under the (83 FR 5921, February 12, 2018), to a Desert, without expressing either Clean Air Act on a wider scope of the

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