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Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
Regulatory Impact Analysis
Paperwork Reduction Act
OPM has examined the impact of this proposed rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity. A regulatory impact analysis must be prepared for major rules with economically significant effects of $100
million or more in any one year. This rule is not a significant regulatory action, under Executive Order 12866
and was not reviewed by the Office of Management and Budget OMB.

Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq. PRA, unless that collection of information displays a currently valid OMB Control Number. Two currently approved collections are associated with this rulemaking.
32060140 Representative Payee Application/Information Necessary for a Competency Determination which is comprised of 2 formsan application form and a separate form for a competency determination. OPM is requesting, for OMB has approval, a change to the competency determination form to add other licensed health practitioner when identifying the medical information required for the competency determination. An Emergency request will be published shortly after this rule.
32060208Representative Payee Survey This information collection will not be impacted due to the changes in this rule.
The systems of record notice for both collections is: https www.opm.gov/
information-management/privacypolicy/sorn/opm-sorn-central-1-civilservice-retirement-and-insurancerecords.pdf.

Regulatory Flexibility Act The Office of Personnel Management certifies that this rule will not have a significant economic impact on a substantial number of small entities.
Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles and responsibilities of State, local, or tribal governments.
Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988.

Claims, Disability benefits, Fraud, Pensions, Retirement.

Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any 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.

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Congressional Review Act The Congressional Review Act 5
U.S.C. 801 et seq. requires rules as defined in 5 U.S.C. 804 to be submitted to Congress before taking effect. OPM
will submit to Congress and the Comptroller General of the United States a report regarding the issuance of this action before its effective date, as required by 5 U.S.C. 801. This is not a major rule as defined by the Congressional Review Act 5 U.S.C.
8042.

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List of Subjects in 5 CFR Part 849

Office of Personnel Management.
Alexys Stanley, Regulatory Affairs Analyst.

For the reasons stated in the preamble, the Office of Personnel Management adds 5 CFR part 849 to read as follows:

PART 849REPRESENTATIVE
PAYEES
Subpart AGeneral Provisions Sec.
849.101
849.102
849.103

Applicability and purpose.
Definitions.
Implementing directives.

849.201 When to make payment to a representative payee.
849.202 Payment of annuity while finding a suitable representative payee.
849.203 Information considered in determining whether to appoint a representative payee.

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Subpart DResponsibility and Accountability of a Representative Payee 849.401 Responsibilities of a representative payee.
849.402 Use of payments.
849.403 Accountability of a representative payee.
Subpart EMisuse of Annuity by a Representative Payee 849.501 Misuse of benefits by a representative payee.
849.502 Liability for misused funds.
Subpart FChanges to the Representative Payee 849.601 When a new representative payee will be selected.
849.602 When representative payments will be stopped.
849.603 Transfer of conserved or accumulated funds.
Authority: 5 U.S.C. 8331; 5 U.S.C. 8345e f; 5 U.S.C. 8345a; 5 U.S.C. 8401; 5 U.S.C.
8461; 5 U.S.C. 8466cd; 5 U.S.C. 8466a.

Subpart AGeneral Provisions 849.101

Applicability and purpose.

This part contains regulations of the Office of Personnel Management OPM
to implement the provisions 5 U.S.C.
8345ef, 8345a, 8466cd, and 8466a regarding payment of an annuity to a representative payee. This part establishes the criteria OPM uses to determine if representative payments are appropriate, the information OPM
uses to select a representative payee, the responsibilities of a representative payee, the accountability of a representative payee, the limitations on the appointment of a representative payee, and the definition of and penalty for misuse of benefits by the representative payee.
849.102

Subpart BDetermining Whether or Not Representative Payment Is Appropriate
PO 00000

Subpart CSelection of a Representative Payee 849.301 Information considered in selecting a representative payee.
849.302 Order of preference in selecting a representative payee.
849.303 Individuals who may not serve as a representative payee.
849.304 Selecting a representative payee.
849.305 Notice of determination to select a representative payee.

Definitions.

As used in this part:
Agency means the Office of Personnel Management OPM.
CSRS means the Civil Service Retirement System as described in subchapter III of chapter 83 of title 5, United States Code.
FERS means the Federal Employees Retirement System as described in chapter 84 of title 5, United States Code.
Misuse of benefits means the embezzlement or conversion of all or any part of the amount received by the
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