Debt Collection; Clarification of Administrative Wage Garnishment Regulation and Reassignment of Hearing Official, 63627-63629 [E8-25324]

Download as PDF Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations New maximum amount U.S. Code citation CMP description 12 U.S.C. 3349(b) ................................... 12 U.S.C. 3349(b) ................................... 42 U.S.C. 4012a(f) .................................. Appraisals Violation—2nd Tier ................................................................................ Appraisals Violation—3rd Tier ................................................................................. Flood Insurance ....................................................................................................... 1 Per 2 Per 37,500 1,375,000 1 385 2 135,000 day. year. Dated: October 20, 2008. By the Office of Thrift Supervision. John M. Reich, Director. [FR Doc. E8–25453 Filed 10–24–08; 8:45 am] BILLING CODE 6720–01–P SMALL BUSINESS ADMINISTRATION 13 CFR Part 140 RIN 3245–AF72 Debt Collection; Clarification of Administrative Wage Garnishment Regulation and Reassignment of Hearing Official Small Business Administration. Direct final rule. AGENCY: ACTION: sroberts on PROD1PC70 with RULES 63627 SUMMARY: The U.S. Small Business Administration (SBA) is amending its Debt Collection regulations by clarifying terminology within the regulation and streamlining administrative wage garnishment hearing procedures. These modifications are few in number and result in revisions to the definition of terms and the process by which a debtor requests a hearing regarding administrative wage garnishment. SBA believes that this rule is routine and noncontroversial, and the Agency anticipates no significant adverse comment. If SBA receives a significant adverse comment, it will withdraw the rule. DATES: This rule is effective December 11, 2008, without further action, unless SBA receives a significant adverse comment by November 26, 2008. If SBA receives any significant adverse comments, the Agency will publish a timely withdrawal of this rule in the Federal Register. ADDRESSES: You may submit comments, identified by RIN: 3245–AF72, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting documents. • Mail, for paper, disk, or CD–ROM submissions: Walter C. Intlekofer, Chief, Portfolio Management Division, 409 Third Street, SW., Mail Code 7024, Washington, DC 20416. VerDate Aug<31>2005 17:49 Oct 24, 2008 Jkt 214001 • Hand Delivery/Courier: Walter C. Intlekofer, Chief, Portfolio Management Division, 409 Third Street, SW., Mail Code 7024, Washington, DC 20416. SBA will post all comments on https://www.regulations.gov. If you wish to submit confidential business information (CBI) as defined in the User Notice at https://www.regulations.gov, please submit the information to Walter C. Intlekofer, Chief, Portfolio Management Division, 409 Third Street, SW., Mail Code 7024, Washington, DC 20416, or send an e-mail to walter.intlekofer@sba.gov. Highlight the information that you consider to be CBI and explain why you believe SBA should hold this information as confidential. SBA will review the information and make its final determination of whether it will publish the information or not. FOR FURTHER INFORMATION CONTACT: Walter C. Intlekofer, Chief, Portfolio Management Division, 409 Third Street, SW., Mail Code 7024, Washington, DC 20416, (202) 205–7543 or walter.intlekofer@sba.gov. SUPPLEMENTARY INFORMATION: SBA regulations at 13 CFR 140.11 set forth the scope and processes by which SBA may institute administrative wage garnishment (‘‘AWG’’) against individuals in the collection of debts, as well as the process by which an individual may contest AWG. These regulations were promulgated in conjunction with U.S. Department of Treasury regulations concerning AWG. The process of AWG is implemented by Treasury on behalf of SBA through Treasury’s debt cross-servicing program (in which Treasury pursues debts on behalf of SBA). Under the current § 140.11, debtors subject to AWG may request a hearing with SBA’s Office of Hearings and Appeals (‘‘OHA’’) to contest the existence or amount of the debt, or the terms of repayment. On implementation of AWG through the cross-servicing program, SBA became aware of certain issues regarding hearings requested by debtors regarding their AWG. First, § 140.11(d) and (e) refer to the authority of SBA to initiate AWG against its debtors and states that ‘‘SBA will send a written notice’’ of the AWG to the debtor. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 However, through cross-servicing, it is Treasury and its private contractors, not SBA, who initiate AWG on SBA’s behalf, by sending the written notice. Thus, since § 140.11 was implemented in part to implement cross-servicing, it has become necessary to clarify the terminology throughout § 140.11 to make clear that not only SBA, but also public and private entities pursuing debt on SBA’s behalf, may implement AWG against SBA’s debtors. This purpose is accomplished by redefining the term ‘‘Agency’’ in § 140.11, to include not only SBA, but also public and private entities that pursue debt on SBA’s behalf. Thereafter, all other references throughout § 140.11 to ‘‘SBA’’ performing functions related to the implementation of AWG are changed to the ‘‘Agency’’ performing those functions, to make clear that not only SBA, but also public and private entities pursuing debt on SBA’s behalf, may perform those functions under the regulation. The second issue that arose on the implementation of AWG through the cross-servicing program relates to the hearing process itself. Under the current regulation, debtors who wish to contest the existence or amount of their debt, or the terms of repayment, must file for a hearing with an Administrative Judge at OHA, who is SBA’s currently designated hearing official for SBA under § 140.11. Thereafter, those hearings are governed by the procedural rules set forth at Part 134 of Title 13 of the CFR. OHA procedures include full administrative litigation, with formal filings, deadlines, and motion practice. Additionally, SBA and Treasury discovered that the process of providing notice to debtors of their rights to request a hearing necessitated lengthy descriptions of the debtor’s rights and duties to be transmitted with the notice of AWG. Thus, OHA and SBA’s Office of Financial Assistance have determined that by removing OHA’s Administrative Judges and OHA procedures from the AWG hearing process, that process can be greatly simplified for not only debtors subject to AWG, but also to SBA. This purpose is accomplished by replacing references to OHA and the E:\FR\FM\27OCR1.SGM 27OCR1 63628 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations Administrative Judge in § 140.11 with a ‘‘hearing official,’’ the definition of which, at § 140.11(f)(6), will be amended to replace ‘‘Judge’’ with ‘‘qualified official designated in the pregarnishment notice.’’ Further, § 140.11(f)(1) will be amended to remove the reference to OHA regulations and be replaced with language stating that the entirety of the hearing procedures are contained within § 140.11. These changes will bring § 140.11 more closely in line with Treasury’s AWG and cross-servicing regulations at 31 CFR 285.11 and 285.12, upon which § 140.11 is based and which do not contemplate any additional hearing procedures than those that exist at 31 CFR 285.11 (such as the OHA at 13 CFR 134, incorporated into § 140.11). sroberts on PROD1PC70 with RULES Consideration of Comments This is a direct final rule, and SBA will review all comments. SBA believes that this rule is routine and noncontroversial, and SBA anticipates no significant adverse comments to this rulemaking. If SBA receives any significant adverse comments, it will publish a timely withdrawal of this direct final rule. Compliance With Executive Orders 12866, 12988, and 13132, the Paperwork Reduction Act (44 U.S.C. Ch. 35) and the Regulatory Flexibility Act (5 U.S.C. 601–612) OMB has determined that this direct final rule is not a ‘‘significant’’ regulatory action for purposes of Executive Order (E.O.) 12866. This direct final rule results in changes to nomenclature and hearing procedure. For purposes of E.O. 12988, SBA has determined that this rule is drafted, to the extent practicable, under the standards established in that order. For purposes of E.O. 13132, SBA has determined that this rule does not have any federalism implications warranting the preparation of a Federalism Assessment. For purposes of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, SBA has determined that this rule does not impose any new reporting or recordkeeping requirements. The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires administrative agencies to consider the effect of their actions on small entities, including small businesses. Pursuant to the RFA, when an agency issues a rule, the agency must prepare an analysis to determine whether the impact of the rule will have a significant economic impact on a substantial number of small entities. However, the RFA requires VerDate Aug<31>2005 17:05 Oct 24, 2008 Jkt 214001 analysis of a rule only where notice and comment rulemaking are required. Rules are exempt from Administrative Procedure Act (APA) notice and comment requirements, and therefore from the RFA requirements, when the agency for good cause finds (and incorporates the finding and brief statement of reasons in the rules issued) that notice and public procedure thereon is impracticable, unnecessary or contrary to the public interest. In this case it would be unnecessary in light of the non-controversial nature of the rule. List of Subjects in 13 CFR Part 140 Claims, Government employees, Income taxes, Wages. ■ For the reasons set forth in the preamble, SBA amends 13 CFR Part 140 as follows: PART 140—DEBT COLLECTION 1. The authority citation for Part 140 continues to read as follows: ■ Authority: 5 U.S.C. 5514; 15 U.S.C. 634(b)(6); 31 U.S.C. 3711, 3716, 3720, 3720A and 3720D. Subpart C—Administrative Wage Garnishment § 140.11 [Amended] 2. Section 140.11 is amended as follows: ■ a. In § 140.11(c) revise the definition for the term, ‘‘Agency’’ to read as set forth below. ■ b. Remove the words ‘‘SBA’’ or ‘‘the SBA’’ and add, in their place, the words ‘‘the Agency,’’ wherever they appear in the following places: 1. § 140.11(c), in the definition for the term, Evidence of Service, 2. § 140.11(d), 3. § 140.11(e) heading, (e)(1) introductory text, and (e)(1)(ii), 4. § 140.11(e)(3), 5. § 140.11(f)(4), 6. § 140.11(f)(5), 7. § 140.11(f)10), 8. § 140.11(g)(1) introductory text and (g)(1)(i), 9. § 140.11(g)(3), 10. § 140.11(h), 11. § 140.11(i)(3)(i), (ii), and (iii), 12. § 140.11(i)(4), 13. § 140.11(i)(5), 14. § 140.11(i)(7), 15. § 140.11(i)(8), 16. § 140.11(j), 17. § 140.11(k)(1), in the first sentence only, 18. § 140.11(k)(3), 19. § 140.11(l)(1) and (2), 20. § 140.11(m) 21. § 140.11(n)(1) introductory text and (n)(1)(ii), and ■ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 22. § 140.11(o). c. In § 140.11(e), introductory text, remove the words ‘‘What notice must the SBA give you before beginning an administrative wage garnishment?’’ and add, in their place, the words ‘‘Notice Requirements.’’ ■ d. In § 140.11(e)(2)(iii), remove the words ‘‘at SBA’s Office of Hearings and Appeals (OHA)’’ and add, in their place, the words ‘‘before an SBA hearing official.’’ ■ e. In § 140.11(f)(1), remove the words ‘‘Unless they expressly conflict with this section, the rules of procedure governing cases before OHA apply to administrative wage garnishment hearings’’ and add, in their place, the words ‘‘Procedural rules for the conduct of administrative wage garnishment hearings are established in this section.’’ ■ f. Revise § 140.11(f)(6) to read as set forth below. ■ g. Remove the words ‘‘at OHA’’ and add, in their place, the words ‘‘by the Hearing Official’’ in the following places: 1. § 140.11(f)(4), and 2. § 140.11(f)(5). ■ h. Remove the word ‘‘Judge’’ and add, in its place, the words ‘‘Hearing Official’’ wherever they appear in the following places: 1. § 140.11(f)(3)(i), (ii), and (iii), 2. § 140.11(f)(4), 3. § 140.11(f)(5), 4. § 140.11(f)(7), 5. § 140.11(f)(9), 6. § 140.11(f)(10), 7. § 140.11(g). ■ i. Remove the word ‘‘Judge’s’’ and add, in its place, the words ‘‘Hearing Official’s’’ wherever they appear in the following places: 1. § 140.11(f)(10), and 2. § 140.11(f)(11)(ii). ■ j. Revise § 140.11(f)(12) to read as set forth below. ■ k. In § 140.11(g)(1)(ii), remove the words ‘‘the Judge renders a final decision’’ and add, in their place, the words ‘‘the final agency decision.’’ The revisions read as follows: ■ § 140.11 What type of debt is subject to administrative wage garnishment, and how can SBA administratively garnish your pay? * * * * * (c) * * * Agency means the SBA or any entity, public or private, that pursues recovery of the debt on SBA’s behalf. * * * * * (f) * * * (6) Hearing official. A hearing official may be any qualified individual designated in the pre-garnishment notice. * * * * * E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations 63629 Sandy K. Baruah, Acting Administrator. [FR Doc. E8–25324 Filed 10–24–08; 8:45 am] BILLING CODE 8025–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0808; Directorate Identifier 2008–NE–18–AD; Amendment 39– 15712; AD 2008–22–16] RIN 2120–AA64 Airworthiness Directives; General Electric Company (GE) CT58 Series Turboshaft Engines Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. sroberts on PROD1PC70 with RULES AGENCY: SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain GE CT58 series turboshaft engines. This AD requires recalculating the lives of certain part numbered compressor spools using a new repetitive heavy lift (RHL) multiplying factor. This AD results from reports of cracks originating from the inner faces of the locking screw holes in the compressor spool. We are issuing this AD to prevent cracks due to RHL missions. Cracks could result in an uncontained rotor burst and damage to, or loss of, the helicopter and serious injuries to any person onboard. DATES: This AD becomes effective December 1, 2008. ADDRESSES: You can get the service information identified in this AD from GE Aircraft Engines Customer Support Center, M/D 285, 1 Neumann Way, Evendale, OH 45215; telephone (513) 552–3272; fax (513) 552–3329; e-mail GEAE.csc@ae.ge.com. The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: Christopher J. Richards, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: VerDate Aug<31>2005 17:05 Oct 24, 2008 Jkt 214001 christopher.j.richards@faa.gov; telephone (781) 238–7133; fax (781) 238–7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to certain GE CT58 series turboshaft engines. We published the proposed AD in the Federal Register on July 23, 2008 (73 FR 42724). That action proposed to require recalculating the cycles on certain compressor spools using new RHL mission multipliers within 30 days after the effective date of the proposed AD. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Examining the AD Docket (12) Final agency action. The decision of the hearing official is the final agency decision for the purposes of judicial review under the Administrative Procedure Act (5 U.S.C. 701 et seq.). * * * * * Regulatory Findings You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this proposed AD will affect 89 engines installed on helicopters of U.S. registry. We also estimate that it will take about 0.5 workhour per engine to perform the proposed actions, and that the average labor rate is $80 per work-hour. Prorated life lost for the compressor spools will cost about $16,972 per engine. Based on these figures, we estimate the total cost of this AD to U.S. operators to be $1,514,068. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: ■ PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2008–22–16 General Electric Company (GE): Amendment 39–15712. Docket No. FAA–2008–0808; Directorate Identifier 2008–NE–18–AD. E:\FR\FM\27OCR1.SGM 27OCR1

Agencies

[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Rules and Regulations]
[Pages 63627-63629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25324]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 140

RIN 3245-AF72


Debt Collection; Clarification of Administrative Wage Garnishment 
Regulation and Reassignment of Hearing Official

AGENCY: Small Business Administration.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Small Business Administration (SBA) is amending its 
Debt Collection regulations by clarifying terminology within the 
regulation and streamlining administrative wage garnishment hearing 
procedures. These modifications are few in number and result in 
revisions to the definition of terms and the process by which a debtor 
requests a hearing regarding administrative wage garnishment.
    SBA believes that this rule is routine and noncontroversial, and 
the Agency anticipates no significant adverse comment. If SBA receives 
a significant adverse comment, it will withdraw the rule.

DATES: This rule is effective December 11, 2008, without further 
action, unless SBA receives a significant adverse comment by November 
26, 2008. If SBA receives any significant adverse comments, the Agency 
will publish a timely withdrawal of this rule in the Federal Register.

ADDRESSES: You may submit comments, identified by RIN: 3245-AF72, by 
any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting documents.
     Mail, for paper, disk, or CD-ROM submissions: Walter C. 
Intlekofer, Chief, Portfolio Management Division, 409 Third Street, 
SW., Mail Code 7024, Washington, DC 20416.
     Hand Delivery/Courier: Walter C. Intlekofer, Chief, 
Portfolio Management Division, 409 Third Street, SW., Mail Code 7024, 
Washington, DC 20416.
    SBA will post all comments on https://www.regulations.gov. If you 
wish to submit confidential business information (CBI) as defined in 
the User Notice at https://www.regulations.gov, please submit the 
information to Walter C. Intlekofer, Chief, Portfolio Management 
Division, 409 Third Street, SW., Mail Code 7024, Washington, DC 20416, 
or send an e-mail to walter.intlekofer@sba.gov. Highlight the 
information that you consider to be CBI and explain why you believe SBA 
should hold this information as confidential. SBA will review the 
information and make its final determination of whether it will publish 
the information or not.

FOR FURTHER INFORMATION CONTACT: Walter C. Intlekofer, Chief, Portfolio 
Management Division, 409 Third Street, SW., Mail Code 7024, Washington, 
DC 20416, (202) 205-7543 or walter.intlekofer@sba.gov.

SUPPLEMENTARY INFORMATION: SBA regulations at 13 CFR 140.11 set forth 
the scope and processes by which SBA may institute administrative wage 
garnishment (``AWG'') against individuals in the collection of debts, 
as well as the process by which an individual may contest AWG. These 
regulations were promulgated in conjunction with U.S. Department of 
Treasury regulations concerning AWG. The process of AWG is implemented 
by Treasury on behalf of SBA through Treasury's debt cross-servicing 
program (in which Treasury pursues debts on behalf of SBA). Under the 
current Sec.  140.11, debtors subject to AWG may request a hearing with 
SBA's Office of Hearings and Appeals (``OHA'') to contest the existence 
or amount of the debt, or the terms of repayment.
    On implementation of AWG through the cross-servicing program, SBA 
became aware of certain issues regarding hearings requested by debtors 
regarding their AWG. First, Sec.  140.11(d) and (e) refer to the 
authority of SBA to initiate AWG against its debtors and states that 
``SBA will send a written notice'' of the AWG to the debtor. However, 
through cross-servicing, it is Treasury and its private contractors, 
not SBA, who initiate AWG on SBA's behalf, by sending the written 
notice. Thus, since Sec.  140.11 was implemented in part to implement 
cross-servicing, it has become necessary to clarify the terminology 
throughout Sec.  140.11 to make clear that not only SBA, but also 
public and private entities pursuing debt on SBA's behalf, may 
implement AWG against SBA's debtors.
    This purpose is accomplished by redefining the term ``Agency'' in 
Sec.  140.11, to include not only SBA, but also public and private 
entities that pursue debt on SBA's behalf. Thereafter, all other 
references throughout Sec.  140.11 to ``SBA'' performing functions 
related to the implementation of AWG are changed to the ``Agency'' 
performing those functions, to make clear that not only SBA, but also 
public and private entities pursuing debt on SBA's behalf, may perform 
those functions under the regulation.
    The second issue that arose on the implementation of AWG through 
the cross-servicing program relates to the hearing process itself. 
Under the current regulation, debtors who wish to contest the existence 
or amount of their debt, or the terms of repayment, must file for a 
hearing with an Administrative Judge at OHA, who is SBA's currently 
designated hearing official for SBA under Sec.  140.11. Thereafter, 
those hearings are governed by the procedural rules set forth at Part 
134 of Title 13 of the CFR. OHA procedures include full administrative 
litigation, with formal filings, deadlines, and motion practice. 
Additionally, SBA and Treasury discovered that the process of providing 
notice to debtors of their rights to request a hearing necessitated 
lengthy descriptions of the debtor's rights and duties to be 
transmitted with the notice of AWG.
    Thus, OHA and SBA's Office of Financial Assistance have determined 
that by removing OHA's Administrative Judges and OHA procedures from 
the AWG hearing process, that process can be greatly simplified for not 
only debtors subject to AWG, but also to SBA. This purpose is 
accomplished by replacing references to OHA and the

[[Page 63628]]

Administrative Judge in Sec.  140.11 with a ``hearing official,'' the 
definition of which, at Sec.  140.11(f)(6), will be amended to replace 
``Judge'' with ``qualified official designated in the pre-garnishment 
notice.'' Further, Sec.  140.11(f)(1) will be amended to remove the 
reference to OHA regulations and be replaced with language stating that 
the entirety of the hearing procedures are contained within Sec.  
140.11.
    These changes will bring Sec.  140.11 more closely in line with 
Treasury's AWG and cross-servicing regulations at 31 CFR 285.11 and 
285.12, upon which Sec.  140.11 is based and which do not contemplate 
any additional hearing procedures than those that exist at 31 CFR 
285.11 (such as the OHA at 13 CFR 134, incorporated into Sec.  140.11).

Consideration of Comments

    This is a direct final rule, and SBA will review all comments. SBA 
believes that this rule is routine and noncontroversial, and SBA 
anticipates no significant adverse comments to this rulemaking. If SBA 
receives any significant adverse comments, it will publish a timely 
withdrawal of this direct final rule.

Compliance With Executive Orders 12866, 12988, and 13132, the Paperwork 
Reduction Act (44 U.S.C. Ch. 35) and the Regulatory Flexibility Act (5 
U.S.C. 601-612)

    OMB has determined that this direct final rule is not a 
``significant'' regulatory action for purposes of Executive Order 
(E.O.) 12866. This direct final rule results in changes to nomenclature 
and hearing procedure.
    For purposes of E.O. 12988, SBA has determined that this rule is 
drafted, to the extent practicable, under the standards established in 
that order.
    For purposes of E.O. 13132, SBA has determined that this rule does 
not have any federalism implications warranting the preparation of a 
Federalism Assessment.
    For purposes of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, SBA 
has determined that this rule does not impose any new reporting or 
recordkeeping requirements.
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires 
administrative agencies to consider the effect of their actions on 
small entities, including small businesses. Pursuant to the RFA, when 
an agency issues a rule, the agency must prepare an analysis to 
determine whether the impact of the rule will have a significant 
economic impact on a substantial number of small entities. However, the 
RFA requires analysis of a rule only where notice and comment 
rulemaking are required. Rules are exempt from Administrative Procedure 
Act (APA) notice and comment requirements, and therefore from the RFA 
requirements, when the agency for good cause finds (and incorporates 
the finding and brief statement of reasons in the rules issued) that 
notice and public procedure thereon is impracticable, unnecessary or 
contrary to the public interest. In this case it would be unnecessary 
in light of the non-controversial nature of the rule.

List of Subjects in 13 CFR Part 140

    Claims, Government employees, Income taxes, Wages.

0
For the reasons set forth in the preamble, SBA amends 13 CFR Part 140 
as follows:

PART 140--DEBT COLLECTION

0
1. The authority citation for Part 140 continues to read as follows:

    Authority: 5 U.S.C. 5514; 15 U.S.C. 634(b)(6); 31 U.S.C. 3711, 
3716, 3720, 3720A and 3720D.

Subpart C--Administrative Wage Garnishment


Sec.  140.11  [Amended]

0
2. Section 140.11 is amended as follows:
0
a. In Sec.  140.11(c) revise the definition for the term, ``Agency'' to 
read as set forth below.
0
b. Remove the words ``SBA'' or ``the SBA'' and add, in their place, the 
words ``the Agency,'' wherever they appear in the following places:
    1. Sec.  140.11(c), in the definition for the term, Evidence of 
Service,
    2. Sec.  140.11(d),
    3. Sec.  140.11(e) heading, (e)(1) introductory text, and 
(e)(1)(ii),
    4. Sec.  140.11(e)(3),
    5. Sec.  140.11(f)(4),
    6. Sec.  140.11(f)(5),
    7. Sec.  140.11(f)10),
    8. Sec.  140.11(g)(1) introductory text and (g)(1)(i),
    9. Sec.  140.11(g)(3),
    10. Sec.  140.11(h),
    11. Sec.  140.11(i)(3)(i), (ii), and (iii),
    12. Sec.  140.11(i)(4),
    13. Sec.  140.11(i)(5),
    14. Sec.  140.11(i)(7),
    15. Sec.  140.11(i)(8),
    16. Sec.  140.11(j),
    17. Sec.  140.11(k)(1), in the first sentence only,
    18. Sec.  140.11(k)(3),
    19. Sec.  140.11(l)(1) and (2),
    20. Sec.  140.11(m)
    21. Sec.  140.11(n)(1) introductory text and (n)(1)(ii), and
    22. Sec.  140.11(o).
0
c. In Sec.  140.11(e), introductory text, remove the words ``What 
notice must the SBA give you before beginning an administrative wage 
garnishment?'' and add, in their place, the words ``Notice 
Requirements.''
0
d. In Sec.  140.11(e)(2)(iii), remove the words ``at SBA's Office of 
Hearings and Appeals (OHA)'' and add, in their place, the words 
``before an SBA hearing official.''
0
e. In Sec.  140.11(f)(1), remove the words ``Unless they expressly 
conflict with this section, the rules of procedure governing cases 
before OHA apply to administrative wage garnishment hearings'' and add, 
in their place, the words ``Procedural rules for the conduct of 
administrative wage garnishment hearings are established in this 
section.''
0
f. Revise Sec.  140.11(f)(6) to read as set forth below.
0
g. Remove the words ``at OHA'' and add, in their place, the words ``by 
the Hearing Official'' in the following places:
    1. Sec.  140.11(f)(4), and
    2. Sec.  140.11(f)(5).
0
h. Remove the word ``Judge'' and add, in its place, the words ``Hearing 
Official'' wherever they appear in the following places:
    1. Sec.  140.11(f)(3)(i), (ii), and (iii),
    2. Sec.  140.11(f)(4),
    3. Sec.  140.11(f)(5),
    4. Sec.  140.11(f)(7),
    5. Sec.  140.11(f)(9),
    6. Sec.  140.11(f)(10),
    7. Sec.  140.11(g).
0
i. Remove the word ``Judge's'' and add, in its place, the words 
``Hearing Official's'' wherever they appear in the following places:
    1. Sec.  140.11(f)(10), and
    2. Sec.  140.11(f)(11)(ii).
0
j. Revise Sec.  140.11(f)(12) to read as set forth below.
0
k. In Sec.  140.11(g)(1)(ii), remove the words ``the Judge renders a 
final decision'' and add, in their place, the words ``the final agency 
decision.''
    The revisions read as follows:


Sec.  140.11  What type of debt is subject to administrative wage 
garnishment, and how can SBA administratively garnish your pay?

* * * * *
    (c) * * *
    Agency means the SBA or any entity, public or private, that pursues 
recovery of the debt on SBA's behalf.
* * * * *
    (f) * * *
    (6) Hearing official. A hearing official may be any qualified 
individual designated in the pre-garnishment notice.
* * * * *

[[Page 63629]]

    (12) Final agency action. The decision of the hearing official is 
the final agency decision for the purposes of judicial review under the 
Administrative Procedure Act (5 U.S.C. 701 et seq.).
* * * * *

Sandy K. Baruah,
Acting Administrator.
[FR Doc. E8-25324 Filed 10-24-08; 8:45 am]
BILLING CODE 8025-01-P
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