Administrative Wage Garnishment, 74098-74101 [E8-28768]
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Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules
Dated: November 6, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E8–28726 Filed 12–4–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–0290, FRL–8745–7]
Revisions to the California State
Implementation Plan, Great Basin
Unified Air Pollution Control District
and Kern County Air Pollution Control
District
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
revisions to the Great Basin Unified Air
Pollution Control District (GBUAPCD)
and Kern County Air Pollution Control
District (KCAPCD) portions of the
California State Implementation Plan
(SIP). Under authority of the Clean Air
Act as amended in 1990 (CAA or the
Act), we are proposing to approve local
rules that address permitting and
exemptions from permitting.
DATES: Any comments on this proposal
must arrive by January 5, 2009.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–0290, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
• E-mail: R9airpermits@epa.gov.
• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
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https://www.regulations.gov is an
anonymous access system, and EPA will
not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
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and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, Permits Office (AIR–
3), U.S. Environmental Protection
Agency, Region IX, (415) 972–3534,
yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal addresses the approval of
GBUAPCD Rule 201 and KCAPCD Rule
205. In the Rules and Regulations
section of this Federal Register, we are
approving these local rules in a direct
final action without prior proposal
because we believe this SIP revision is
not controversial. If we receive adverse
comments, however, we will publish a
timely withdrawal of the direct final
rule and address the comments in
subsequent action based on this
proposed rule.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: October 24, 2008.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. E8–28733 Filed 12–4–08; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
49 CFR Part 89
[Docket No. DOT–OST–2008–0329]
RIN 2105–AD78
Administrative Wage Garnishment
AGENCY: Office of the Secretary of
Transportation (OST), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: This proposed rule would
implement the authority established
under the Debt Collection Improvement
Act of 1996 (DCIA) for DOT to collect
the Department’s past due indebtedness
through administrative wage
garnishment. The proposed rule would
adopt, without change, the hearing
procedures issued by the Department of
the Treasury implementing
administrative wage garnishment under
the DCIA. This proposed rule would
apply only to individuals who are not
Federal employees. The proposed rule
also would amend regulations on
procedures for the collection of claims
to conform DOT regulations to
applicable provisions of the DCIA.
DATES: Comments must be received on
or before February 3, 2009.
ADDRESSES: Comments should reference
Docket No. DOT–OST–2008–0329 and
may be submitted the following ways:
• E-Gov Web site: https://
www.regulations.gov. This Web site
allows the public to enter comments on
any Federal Register notice issued by
any agency. Follow the instructions for
submitting comments.
• Fax: 1–202–493–2251.
• Mail: DOT Docket Management
System: U.S. Department of
Transportation, Docket Operations, M–
30, West Building, Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington DC, 20590–0001.
• Hand Delivery: DOT Docket
Management System; West Building,
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001 between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Instructions: You should identify the
docket ID, DOT–ST–2008–0329, at the
beginning of your comments. If you
submit your comments by mail, submit
two copies. To receive confirmation that
OST received your comments, include a
self-addressed stamped postcard.
Internet users may submit comments at
https://www.regulations.gov. Note:
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Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules
Comments are posted without changes
or edits to https://www.regulations.gov,
including any personal information
provided. Please see the Privacy Act
discussion in the SUPPLEMENTARY
INFORMATION section of this NPRM.
Electronic Access and Filing
You may submit or retrieve comments
online through https://
www.regulations.gov, which is available
24 hours each day, 365 days each year.
Electronic submission and retrieval help
and guidelines are available under the
help section of the Web site.
An electronic copy of this document
may also be downloaded from the Office
of the Federal Register’s home page at
https://www.archives.gov/federal_register
and the Government Printing Office’s
Web page at https://www.gpoaccess.gov.
FOR FURTHER INFORMATION CONTACT:
Edward C. Ramos, Collections
Specialist, Office of the Secretary of
Transportation, Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590;
(202) 366–5905. Hearing and speechimpaired persons may access this
number via TTY by calling the Federal
Information Relay Service at 1–800–
877–8339.
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Electronic Access and Filing
You may submit or retrieve comments
online through https://
www.regulations.gov, which is available
24 hours each day, 365 days each year.
Electronic submission and retrieval help
and guidelines are available under the
help section of the Web site.
An electronic copy of this document
may also be downloaded from the Office
of the Federal Register’s home page at
https://www.archives.gov/federal_register
and the Government Printing Office’s
Web page at https://www.gpoaccess.gov.
SUPPLEMENTARY INFORMATION:
Background
In 1996, Congress enacted the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134, 110 Stat. 1321–1358,
approved April 26, 1996), which
amended the Debt Collection Act of
1982. Section 31001(o) of the DCIA
authorizes collection of Federal agency
debt by administrative wage
garnishment (section 31001(o) is
codified at 31 U.S.C. 3720D). Wage
garnishment is a legal process whereby
an employer withholds amounts from
an employee’s wages and pays those
amounts to the employee’s creditor in
satisfaction of a withholding order. The
DCIA authorizes Federal agencies to
garnish up to 15% of the disposable pay
of a debtor to satisfy delinquent nontax
debt owed to the United States. Prior to
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the enactment of the DCIA, agencies
were required to obtain a court
judgment before garnishing the wages of
non-Federal employees.
The DCIA directed the Secretary of
the Treasury to issue implementing
regulations (see 31 U.S.C. 3720D(h)) on
this subject. On May 6, 1998 (63 FR
25136), the Department of the Treasury
published a final rule implementing the
statutory administrative wage
garnishment requirements at 31 CFR
285.11. Paragraph (f) of 31 CFR 285.11
provides that ‘‘[a]gencies shall prescribe
regulations for the conduct of
administrative wage garnishment
hearings consistent with this section or
shall adopt this section without change
by reference.’’ Under the DCIA, the
Treasury Department serves as a
coordinator for Federal debt collection
through its Treasury Offset Program.
This proposed rule would amend
DOT’s regulations at 49 CFR part 89,
subpart B to adopt 31 CFR 285.11 in its
entirety. Specifically, the proposed rule
would establish a new 49 CFR 89.35
that would contain a cross-reference to
31 CFR 285.11.
Overview of the Administrative Wage
Garnishment Process
Readers should refer to the
Department of the Treasury regulation at
31 CFR 285.11 for details regarding the
administrative wage garnishment
procedures that would be adopted by
this proposed rule. For the convenience
of readers, the following presents a very
brief overview of the rules and
procedures codified at 31 CFR 285.11.
1. Notice to debtor. At least 30 days
before the agency initiates garnishment
proceedings, the agency will give the
debtor written notice informing him or
her of the nature and amount of the
debt, the intention of the agency to
collect the debt through deductions
from pay, and an explanation of the
debtor’s rights regarding the proposed
action.
2. Rights of debtor. The agency will
provide the debtor with an opportunity
to inspect and copy records related to
the debt, to establish a repayment
agreement, and to receive a hearing
concerning the existence or amount of
the debt and the terms of a repayment
schedule. A hearing must be held prior
to the issuance of a withholding order
if the debtor’s request is timely received.
For hearing requests that are not
received in the specified timeframe, the
agency need not delay the issuance of a
withholding order prior to conducting a
hearing. An agency may not garnish the
wages of a debtor who has been
involuntarily separated from
employment until that individual has
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been reemployed continuously for at
least 12 months. The debtor bears the
responsibility of notifying the agency of
the circumstances surrounding an
involuntary separation from
employment.
3. Hearing official. The Department of
the Treasury regulations authorize the
head of each agency to designate any
qualified individual as a hearing
official. This proposed rule would
provide that any hearing required to
establish DOT’s right to collect a debt
through administrative wage
garnishment will be conducted by a
qualified individual selected by the
Secretary of Transportation. The hearing
official is required to issue a written
decision no later than 60 days after the
request for a hearing is made. The
hearing official’s decision is the final
agency action for purposes of judicial
review.
4. Employer’s responsibilities. The
Treasury Department will send a wage
garnishment order to the employer of a
delinquent debtor, directing that the
employer pay a portion of the debtor’s
wages to the Federal Government. The
employer is required to certify certain
payment information about the debtor.
Employers are not required to vary their
normal pay cycles in order to comply
with these requirements. Employers are
prohibited from taking disciplinary
actions against the debtor because the
debtor’s wages are subject to
administrative garnishment. An agency
may sue an employer for amounts not
properly withheld from the wages
payable to the debtor.
5. Garnishment amounts. As provided
in the DCIA, no more than 15% of the
debtor’s disposable pay for each pay
period may be garnished. Special rules
apply to calculating the amount to be
withheld from a debtor’s pay that is
subject to multiple withholding orders.
A debtor may request a review by the
agency of the amount being garnished
under a wage garnishment order based
on materially changed circumstances,
such as disability, divorce, or
catastrophic illness, which result in
financial hardship.
Rulemaking Analyses and Notices
E.O. 12866 and DOT Regulatory Policies
and Procedures
The Department has evaluated this
NPRM in accordance with existing
regulatory policies and procedures and
has concluded that it is a nonsignificant
regulatory action under E.O. 12866, and
a nonsignificant rule under section
5(a)(4) of the DOT Regulatory Policies
and Procedures (44 FR 11034, February
26, 1979).
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Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules
The NPRM is not a significant
regulatory action under E.O. 12866
because it will not have an annual effect
on the economy of $100 million or more
or adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities; will not create a serious
inconsistency with an action planned or
underway by another Federal agency;
will not materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; and
will not raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
of the Executive Order.
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Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (Pub. L. 96–354, 5 U.S.C.
601–612), we have evaluated the effects
of this action on small entities and have
determined that the action will not have
a significant economic impact on a
substantial number of small entities.
Therefore, the Department certifies that
this rule would not have a significant
economic impact on a substantial
number of small entities.
Employers of delinquent debtors must
certify certain information about the
debtor such as the debtor’s employment
status and earnings. This information is
contained in the employer’s payroll
records. Therefore, it will not take a
significant amount of time or result in
a significant cost for an employer to
complete the certification form. Even if
an employer is served withholding
orders on several employees over the
course of a year, the cost imposed on the
employer to complete the certifications
would not have a significant economic
impact on an entity. Employers are not
required to vary their normal pay cycles
in order to comply with a withholding
order issued pursuant to this proposed
rule.
Notwithstanding DOT’s determination
that this rule will not have a significant
economic impact on small entities, DOT
specifically invites comments regarding
alternatives to this rule that would meet
DOT’s objectives as described in this
preamble.
Executive Order 13132 (Federalism)
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial direct compliance costs on
State and local governments and is not
required by statute, or the rule preempts
State law, unless the agency meets the
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consultation and funding requirements
of section 6 of the Executive Order.
This proposed rule does not have
federalism implications and does not
impose substantial direct compliance
costs on State and local governments or
preempt State law within the meaning
of the Executive Order.
Executive Order 13084
This rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13084 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this rule would not
significantly or uniquely affect the
Indian tribal communities, and would
not impose substantial direct
compliance costs, the funding and
consultation requirements of the
Executive Order do not apply.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 establishes
requirements for Federal agencies to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
This rule would not impose a Federal
mandate on any State, local, or tribal
government, or on the private sector,
within the meaning of the Unfunded
Mandates Reform Act of 1995.
and earnings, which would be inquiries
on a one-time basis. In any case,
comments in this area are welcomed.
National Environmental Policy Act
In accordance with 24 CFR 50.19(c)(1)
of the Department’s regulations, this
proposed rule does not direct, provide
for assistance or loan and mortgage
insurance for, or otherwise govern or
regulate, real property acquisition,
disposition, leasing, rehabilitation,
alteration, demolition, or new
construction, or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Therefore, this
proposed rule is categorically excluded
from the requirements of the National
Environmental Policy Act (42 U.S.C.
4321 et seq.).
Energy Impact
Executive Order 12372
(Intergovernmental Review)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this program.
Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. 3501 et seq.) addresses the
collection of information by the Federal
government from individuals, small
businesses and State and local
government and seeks to minimize the
burdens such information collection
requirements might impose. A
collection of information includes
requiring answers to identical questions
posed to, or identical reporting or
recordkeeping requirements imposed
on, ten or more persons, other than
agencies, instrumentalities or employees
of the United States.
This proposed rule contains
information that would apply to
individuals and possibly small entities.
However, there are no reporting or other
collection requirements associated with
this proposed rule, even though it
relates to an employer’s certification of
certain information about the debtor,
such as the debtor’s employment status
Executive Order 13211 requires
Federal agencies to prepare a Statement
of Energy Effects for any ‘‘significant
energy action.’’ See 66 FR 28355 (May
22, 2001). Under the Executive Order a
‘‘significant energy action’’ is defined as
any action by an agency that
promulgates or is expected to lead to the
promulgation of a final rule or
regulation, including notices of inquiry,
advance notices of proposed
rulemaking, and notices of proposed
rulemaking: (1)(i) That is a significant
regulatory action under Executive Order
12866 or any successor order, and (ii) is
likely to have a significant adverse effect
on the supply, distribution, or use of
energy; or (2) that is designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action.
The Department has evaluated this
NPRM in accordance with Executive
Order 13211 and it has determined that
this NPRM is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
Consequently, the Department has
determined that this NPRM is not a
‘‘significant energy action’’ within the
meaning of the Executive Order.
Privacy Act Statement
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Anyone is able to search the
electronic form of all comments
received into any of DOT’s dockets by
the name of the individual submitting
the comment (or signing the comment,
if submitted on behalf of an association,
business, labor union, etc). You may
review DOT’s complete Privacy Act
Statement published in the Federal
Register on April 11, 2000 (Volume 65,
Number 70, Pages 19477–78), or you
may visit: https://www.regulations.gov.
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Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Proposed Rules
Regulation Identification Number
DEPARTMENT OF TRANSPORTATION
A regulation identification number
(RIN) is assigned to each regulatory
action listed in the Unified Agenda of
Federal Regulations. The Regulatory
Information Service Center publishes
the Unified Agenda in April and
October of each year. The RIN contained
in the heading of this document can be
used to cross reference this action with
the Unified Agenda.
National Highway Traffic Safety
Administration
List of Subjects in 49 CFR Part 89
Claims, Debt collection.
The Proposed Rule
For the reasons set forth in the
preamble, OST proposes to amend Part
89 of subtitle A of title 49, Code of
Federal Regulations, as set forth below:
PART 89—[AMENDED]
1. The authority citation for 49 CFR
part 89 continues to read as follows:
Authority: Pub. L. 89–508; Pub. L. 89–365,
secs. 3, 10, 11, 13(b), 31 U.S.C. 3701–3720A;
Pub. L. 98–167; Pub. L. 98–369; Pub. L. 99–
578; Pub. L. 101–552, 31 U.S.C. 3711(a)(2).
2. Add new § 89.35 to read as follows:
§ 89.35
Administrative wage garnishment.
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(a) General. The Secretary may use
administrative wage garnishment for
debts referred to cross-servicing at
Financial Management Service,
Department of Treasury. Regulations in
31 CFR 285.11 govern the collection of
debts owed to federal agencies through
administrative wage garnishment.
Whenever the Financial Management
Service collects a debt for the Secretary
using administrative wage garnishment,
the statutory administrative
requirements in 31 CFR 285.11 will
govern.
(b) Hearing official. Any hearing
required to establish the Secretary’s
right to collect a debt through
administrative wage garnishment shall
be conducted by a qualified individual
selected at the discretion of the
Secretary of Transportation, as specified
in 31 CFR 285.11. The qualified
individual may include an
Administrative Law Judge.
Dated: November 24, 2008.
Mary E. Peters,
Secretary of Transportation.
[FR Doc. E8–28768 Filed 12–4–08; 8:45 am]
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49 CFR Parts 573 and 579
[Docket No. NHTSA–2008–0169; Notice 1]
RIN 2127–AK28
Early Warning Reporting Regulations
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: This document proposes
amendments to certain provisions of the
early warning reporting (EWR) rule
published pursuant to the
Transportation Recall Enhancement,
Accountability, and Documentation
(TREAD) Act, responds to a petition for
rulemaking, and proposes amendments
to information identifying products
involved in a recall under 49 CFR part
573 Defect and Noncompliance
Responsibility and Reports. This
document proposes to modify the
threshold for submitting quarterly EWR
reports for light vehicle, bus, and trailer
manufacturers. It further proposes to
require manufacturers to submit product
names that are consistent from reporting
quarter to quarter or advise NHTSA of
changes; to add a requirement that light
vehicle manufacturers specify the
vehicle type and the fuel or propulsion
system type of each model in their
quarterly EWR submissions; to add a
new component category for light
vehicle manufacturers; and to correct
the definition of ‘‘other safety
campaign.’’ It also proposes to amend
part 573 Defect and Noncompliance
Responsibility and Reports to add a
requirement that tire manufacturers
provide tire identification numbers of
recalled tires and manufacturers provide
the country of origin of a component
involved in a recall.
DATES: Written comments regarding
these proposed rule changes may be
submitted to NHTSA and must be
received on or before: February 3, 2009.
ADDRESSES: Written comments may be
submitted using any one of the
following methods:
• Mail: Send Comments to: Docket
Management Facility, U.S. Department
of Transportation, West Building, RM.
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Fax: Written comments may be
faxed to (202) 493–2251.
• Internet: To submit comments
electronically, go to the U.S.
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Government regulations Web site at
https://www.regulations.gov. Once here,
follow the online instructions for
submitting comments to an NPRM.
• Hand Delivery: If you plan to
submit written comments by hand or
courier, please do so at West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC between 9 a.m. and 5 p.m. Eastern
time, Monday through Friday, except
Federal holidays.
Whichever way you submit your
comments, please remember to mention
the docket number of this document
within your correspondence. The docket
may be accessed via phone at 202–366–
9324.
Instructions: All comments submitted
in relation to these proposed rule
changes must include the agency name
and docket number or Regulatory
Identification Number (RIN) for this
rulemaking. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the Request for Comments heading
of the SUPPLEMENTARY INFORMATION
section of this document. Please note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Privacy Act: Please see the Privacy
Act heading under Rulemaking
Analyses and Notices.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, contact Tina Morgan,
Office of Defects Investigation, NHTSA
(phone: 202–366–0699). For legal issues,
contact Andrew DiMarsico, Office of
Chief Counsel, NHTSA (phone: 202–
366–5263). You may send mail to these
officials at National Highway Traffic
Safety Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
Introduction
I. Summary of the Proposed Rule
II. Background
A. The Early Warning Reporting Rule
B. Defect and Noncompliance Information
Reports
C. Scope of This Rulemaking
III. Discussion
A. Statutory Background on Early Warning
and Notification Requirements
B. Matters Considered in Setting
Thresholds for Early Warning Reporting
C. Light Vehicles
D. Trailers
E. Buses
F. Medium-Heavy Vehicles and
Motorcycles
G. Response to the National Truck
Equipment Association Petition for
Rulemaking
H. Data Consistency
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]]>Agencies
[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Proposed Rules]
[Pages 74098-74101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28768]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
49 CFR Part 89
[Docket No. DOT-OST-2008-0329]
RIN 2105-AD78
Administrative Wage Garnishment
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement the authority established
under the Debt Collection Improvement Act of 1996 (DCIA) for DOT to
collect the Department's past due indebtedness through administrative
wage garnishment. The proposed rule would adopt, without change, the
hearing procedures issued by the Department of the Treasury
implementing administrative wage garnishment under the DCIA. This
proposed rule would apply only to individuals who are not Federal
employees. The proposed rule also would amend regulations on procedures
for the collection of claims to conform DOT regulations to applicable
provisions of the DCIA.
DATES: Comments must be received on or before February 3, 2009.
ADDRESSES: Comments should reference Docket No. DOT-OST-2008-0329 and
may be submitted the following ways:
E-Gov Web site: https://www.regulations.gov. This Web site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: DOT Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington DC, 20590-0001.
Hand Delivery: DOT Docket Management System; West
Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Instructions: You should identify the docket ID, DOT-ST-2008-0329,
at the beginning of your comments. If you submit your comments by mail,
submit two copies. To receive confirmation that OST received your
comments, include a self-addressed stamped postcard. Internet users may
submit comments at https://www.regulations.gov. Note:
[[Page 74099]]
Comments are posted without changes or edits to https://
www.regulations.gov, including any personal information provided.
Please see the Privacy Act discussion in the SUPPLEMENTARY INFORMATION
section of this NPRM.
Electronic Access and Filing
You may submit or retrieve comments online through https://
www.regulations.gov, which is available 24 hours each day, 365 days
each year. Electronic submission and retrieval help and guidelines are
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An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at https://www.archives.gov/
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FOR FURTHER INFORMATION CONTACT: Edward C. Ramos, Collections
Specialist, Office of the Secretary of Transportation, Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590;
(202) 366-5905. Hearing and speech-impaired persons may access this
number via TTY by calling the Federal Information Relay Service at 1-
800-877-8339.
Electronic Access and Filing
You may submit or retrieve comments online through https://
www.regulations.gov, which is available 24 hours each day, 365 days
each year. Electronic submission and retrieval help and guidelines are
available under the help section of the Web site.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at https://www.archives.gov/
federal_register and the Government Printing Office's Web page at
https://www.gpoaccess.gov.
SUPPLEMENTARY INFORMATION:
Background
In 1996, Congress enacted the Debt Collection Improvement Act of
1996 (Pub. L. 104-134, 110 Stat. 1321-1358, approved April 26, 1996),
which amended the Debt Collection Act of 1982. Section 31001(o) of the
DCIA authorizes collection of Federal agency debt by administrative
wage garnishment (section 31001(o) is codified at 31 U.S.C. 3720D).
Wage garnishment is a legal process whereby an employer withholds
amounts from an employee's wages and pays those amounts to the
employee's creditor in satisfaction of a withholding order. The DCIA
authorizes Federal agencies to garnish up to 15% of the disposable pay
of a debtor to satisfy delinquent nontax debt owed to the United
States. Prior to the enactment of the DCIA, agencies were required to
obtain a court judgment before garnishing the wages of non-Federal
employees.
The DCIA directed the Secretary of the Treasury to issue
implementing regulations (see 31 U.S.C. 3720D(h)) on this subject. On
May 6, 1998 (63 FR 25136), the Department of the Treasury published a
final rule implementing the statutory administrative wage garnishment
requirements at 31 CFR 285.11. Paragraph (f) of 31 CFR 285.11 provides
that ``[a]gencies shall prescribe regulations for the conduct of
administrative wage garnishment hearings consistent with this section
or shall adopt this section without change by reference.'' Under the
DCIA, the Treasury Department serves as a coordinator for Federal debt
collection through its Treasury Offset Program.
This proposed rule would amend DOT's regulations at 49 CFR part 89,
subpart B to adopt 31 CFR 285.11 in its entirety. Specifically, the
proposed rule would establish a new 49 CFR 89.35 that would contain a
cross-reference to 31 CFR 285.11.
Overview of the Administrative Wage Garnishment Process
Readers should refer to the Department of the Treasury regulation
at 31 CFR 285.11 for details regarding the administrative wage
garnishment procedures that would be adopted by this proposed rule. For
the convenience of readers, the following presents a very brief
overview of the rules and procedures codified at 31 CFR 285.11.
1. Notice to debtor. At least 30 days before the agency initiates
garnishment proceedings, the agency will give the debtor written notice
informing him or her of the nature and amount of the debt, the
intention of the agency to collect the debt through deductions from
pay, and an explanation of the debtor's rights regarding the proposed
action.
2. Rights of debtor. The agency will provide the debtor with an
opportunity to inspect and copy records related to the debt, to
establish a repayment agreement, and to receive a hearing concerning
the existence or amount of the debt and the terms of a repayment
schedule. A hearing must be held prior to the issuance of a withholding
order if the debtor's request is timely received. For hearing requests
that are not received in the specified timeframe, the agency need not
delay the issuance of a withholding order prior to conducting a
hearing. An agency may not garnish the wages of a debtor who has been
involuntarily separated from employment until that individual has been
reemployed continuously for at least 12 months. The debtor bears the
responsibility of notifying the agency of the circumstances surrounding
an involuntary separation from employment.
3. Hearing official. The Department of the Treasury regulations
authorize the head of each agency to designate any qualified individual
as a hearing official. This proposed rule would provide that any
hearing required to establish DOT's right to collect a debt through
administrative wage garnishment will be conducted by a qualified
individual selected by the Secretary of Transportation. The hearing
official is required to issue a written decision no later than 60 days
after the request for a hearing is made. The hearing official's
decision is the final agency action for purposes of judicial review.
4. Employer's responsibilities. The Treasury Department will send a
wage garnishment order to the employer of a delinquent debtor,
directing that the employer pay a portion of the debtor's wages to the
Federal Government. The employer is required to certify certain payment
information about the debtor. Employers are not required to vary their
normal pay cycles in order to comply with these requirements. Employers
are prohibited from taking disciplinary actions against the debtor
because the debtor's wages are subject to administrative garnishment.
An agency may sue an employer for amounts not properly withheld from
the wages payable to the debtor.
5. Garnishment amounts. As provided in the DCIA, no more than 15%
of the debtor's disposable pay for each pay period may be garnished.
Special rules apply to calculating the amount to be withheld from a
debtor's pay that is subject to multiple withholding orders. A debtor
may request a review by the agency of the amount being garnished under
a wage garnishment order based on materially changed circumstances,
such as disability, divorce, or catastrophic illness, which result in
financial hardship.
Rulemaking Analyses and Notices
E.O. 12866 and DOT Regulatory Policies and Procedures
The Department has evaluated this NPRM in accordance with existing
regulatory policies and procedures and has concluded that it is a
nonsignificant regulatory action under E.O. 12866, and a nonsignificant
rule under section 5(a)(4) of the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979).
[[Page 74100]]
The NPRM is not a significant regulatory action under E.O. 12866
because it will not have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; will not create a serious inconsistency
with an action planned or underway by another Federal agency; will not
materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; and will not raise novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles of the
Executive Order.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612), we have evaluated the effects of this action on
small entities and have determined that the action will not have a
significant economic impact on a substantial number of small entities.
Therefore, the Department certifies that this rule would not have a
significant economic impact on a substantial number of small entities.
Employers of delinquent debtors must certify certain information
about the debtor such as the debtor's employment status and earnings.
This information is contained in the employer's payroll records.
Therefore, it will not take a significant amount of time or result in a
significant cost for an employer to complete the certification form.
Even if an employer is served withholding orders on several employees
over the course of a year, the cost imposed on the employer to complete
the certifications would not have a significant economic impact on an
entity. Employers are not required to vary their normal pay cycles in
order to comply with a withholding order issued pursuant to this
proposed rule.
Notwithstanding DOT's determination that this rule will not have a
significant economic impact on small entities, DOT specifically invites
comments regarding alternatives to this rule that would meet DOT's
objectives as described in this preamble.
Executive Order 13132 (Federalism)
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on State and local
governments and is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order.
This proposed rule does not have federalism implications and does
not impose substantial direct compliance costs on State and local
governments or preempt State law within the meaning of the Executive
Order.
Executive Order 13084
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this rule would
not significantly or uniquely affect the Indian tribal communities, and
would not impose substantial direct compliance costs, the funding and
consultation requirements of the Executive Order do not apply.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 establishes
requirements for Federal agencies to assess the effects of their
regulatory actions on State, local, and tribal governments and the
private sector.
This rule would not impose a Federal mandate on any State, local,
or tribal government, or on the private sector, within the meaning of
the Unfunded Mandates Reform Act of 1995.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) addresses the
collection of information by the Federal government from individuals,
small businesses and State and local government and seeks to minimize
the burdens such information collection requirements might impose. A
collection of information includes requiring answers to identical
questions posed to, or identical reporting or recordkeeping
requirements imposed on, ten or more persons, other than agencies,
instrumentalities or employees of the United States.
This proposed rule contains information that would apply to
individuals and possibly small entities. However, there are no
reporting or other collection requirements associated with this
proposed rule, even though it relates to an employer's certification of
certain information about the debtor, such as the debtor's employment
status and earnings, which would be inquiries on a one-time basis. In
any case, comments in this area are welcomed.
National Environmental Policy Act
In accordance with 24 CFR 50.19(c)(1) of the Department's
regulations, this proposed rule does not direct, provide for assistance
or loan and mortgage insurance for, or otherwise govern or regulate,
real property acquisition, disposition, leasing, rehabilitation,
alteration, demolition, or new construction, or establish, revise, or
provide for standards for construction or construction materials,
manufactured housing, or occupancy. Therefore, this proposed rule is
categorically excluded from the requirements of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
Energy Impact
Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' See
66 FR 28355 (May 22, 2001). Under the Executive Order a ``significant
energy action'' is defined as any action by an agency that promulgates
or is expected to lead to the promulgation of a final rule or
regulation, including notices of inquiry, advance notices of proposed
rulemaking, and notices of proposed rulemaking: (1)(i) That is a
significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.
The Department has evaluated this NPRM in accordance with Executive
Order 13211 and it has determined that this NPRM is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy. Consequently, the Department has determined that this NPRM is
not a ``significant energy action'' within the meaning of the Executive
Order.
Privacy Act Statement
Anyone is able to search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc). You may review DOT's
complete Privacy Act Statement published in the Federal Register on
April 11, 2000 (Volume 65, Number 70, Pages 19477-78), or you may
visit: https://www.regulations.gov.
[[Page 74101]]
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 89
Claims, Debt collection.
The Proposed Rule
For the reasons set forth in the preamble, OST proposes to amend
Part 89 of subtitle A of title 49, Code of Federal Regulations, as set
forth below:
PART 89--[AMENDED]
1. The authority citation for 49 CFR part 89 continues to read as
follows:
Authority: Pub. L. 89-508; Pub. L. 89-365, secs. 3, 10, 11,
13(b), 31 U.S.C. 3701-3720A; Pub. L. 98-167; Pub. L. 98-369; Pub. L.
99-578; Pub. L. 101-552, 31 U.S.C. 3711(a)(2).
2. Add new Sec. 89.35 to read as follows:
Sec. 89.35 Administrative wage garnishment.
(a) General. The Secretary may use administrative wage garnishment
for debts referred to cross-servicing at Financial Management Service,
Department of Treasury. Regulations in 31 CFR 285.11 govern the
collection of debts owed to federal agencies through administrative
wage garnishment. Whenever the Financial Management Service collects a
debt for the Secretary using administrative wage garnishment, the
statutory administrative requirements in 31 CFR 285.11 will govern.
(b) Hearing official. Any hearing required to establish the
Secretary's right to collect a debt through administrative wage
garnishment shall be conducted by a qualified individual selected at
the discretion of the Secretary of Transportation, as specified in 31
CFR 285.11. The qualified individual may include an Administrative Law
Judge.
Dated: November 24, 2008.
Mary E. Peters,
Secretary of Transportation.
[FR Doc. E8-28768 Filed 12-4-08; 8:45 am]
BILLING CODE 4910-9X-P
