Debt Collection Authorities Under the Debt Collection Improvement Act of 1996, 27707-27708 [E9-13617]
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Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations
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Animal drugs.
Therefore, under the Federal Food,
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authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
■
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 520 continues to read as follows:
■
Authority: 21 U.S.C. 360b.
■
2. Add § 520.1372 to read as follows:
§ 520.1372
Methimazole.
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(a) Specifications. Each tablet
contains 2.5 or 5 milligrams (mg)
methimazole.
(b) Sponsor. See No. 043264 in
§ 510.600 of this chapter.
(c) Conditions of use in cats—(1)
Amount. The starting dose is 2.5 mg
every 12 hours. Following 3 weeks of
treatment, the dose should be titrated to
effect based on individual serum total
T4 levels and clinical response.
(2) Indications for use. For the
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(3) Limitations. Federal law restricts
this drug to use by or on the order of
a licensed veterinarian.
Dated: June 5, 2009.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E9–13685 Filed 6–10–09; 8:45 am]
BILLING CODE 4160–01–S
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 285
RIN 1510–AB19
Debt Collection Authorities Under the
Debt Collection Improvement Act of
1996
AGENCY: Financial Management Service,
Fiscal Service, Treasury.
ACTION: Interim final rule.
SUMMARY: The Department of the
Treasury, Financial Management
Service, is amending its regulation
governing the centralized offset of
federal payments to collect nontax debts
owed to the United States. The
amendment removes the time limitation
on the collection of nontax debts by
centralized offset, consistent with a
change in the statute on which it is
based. The statutory change, enacted as
part of the Food, Conservation and
Energy Act of 2008, allows for the use
of centralized offset of federal payments,
including federal salary payments, to
collect nontax debts owed to the United
States irrespective of the amount of time
the debt has been outstanding.
DATES: This interim final rule is
effective June 11, 2009. Comments must
be received by August 10, 2009.
ADDRESSES: The Financial Management
Service (FMS) participates in the U.S.
government’s eRulemaking Initiative by
publishing rulemaking information on
https://www.regulations.gov.
Regulations.gov offers the public the
ability to comment on, search, and view
publicly available rulemaking materials,
including comments received on rules.
Comments on this rule, identified by
docket FISCAL–FMS–2008–0002,
should only be submitted using the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the Web site for
submitting comments.
Mail: Tom Dungan, Policy Analyst,
Financial Management Service, 401
14th Street, SW., Washington, DC
20227.
The fax and e-mail methods of
submitting comments on rules to FMS
have been retired.
Instructions: All submissions received
must include the agency name
(‘‘Financial Management Service’’) and
docket number FISCAL–FMS–2008–
0002 for this rulemaking. In general,
comments will be published on
Regulations.gov without change,
including any business or personal
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Fmt 4700
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27707
information provided. Comments
received, including attachments and
other supporting materials, are part of
the public record and subject to public
disclosure. Do not enclose any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
You may also inspect and copy this
proposed rule at: Treasury Department
Library, Freedom of Information Act
(FOIA) Collection, Room 1428, Main
Treasury Building, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220.
Before visiting, you must call (202) 622–
0990 for an appointment.
FOR FURTHER INFORMATION CONTACT:
Thomas Dungan, Policy Analyst, at
(202) 874–6660, or Tricia Long, Senior
Attorney, at (202) 874–6680.
SUPPLEMENTARY INFORMATION:
I. Background
The Food, Conservation and Energy
Act of 2008, Public Law 110–334,
Section 14219, 22 Stat. 923 (2008) (‘‘the
Act’’) amended the Debt Collection Act
of 1982 (as amended by the Debt
Collection Improvement Act of 1996) to
remove a restriction on the collection of
debt by administrative offset, i.e., offset
of payments pursuant to 31 U.S.C. 3716.
Prior to this change, administrative
offset to collect debt was only available
if the debt was delinquent for a period
of less than ten years. The amendment
to the law allows for the collection of
debt by administrative offset without
any time limitation and applies to any
debt outstanding on or after the date of
the enactment of the Act.
The changes to this rule conform to
the statutory language by removing the
ten-year time limitation on the
collection of nontax debt by
administrative offset, including
centralized salary offset, by explicitly
stating that no time limitation shall
apply, and by explaining that by
removing the time limitation, all debts,
including debts that were ineligible for
collection by offset prior to the removal
of the time limitation, may now be
collected by administrative offset and
centralized salary offset. To avoid any
undue hardship, we have added a
requirement applicable to debts that
were previously ineligible for collection
by offset because they had been
outstanding for more than ten years. For
these debts, creditor agencies must
certify to FMS that the notice of intent
to offset was sent to the debtor after the
debt became ten years delinquent. This
is intended to alert the debtor that his
debt may now be collected by offset and
allows the debtor additional
E:\FR\FM\11JNR1.SGM
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27708
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations
opportunities to dispute the debt, enter
into a repayment agreement or
otherwise avoid offset. This requirement
applies even in a case where notice was
sent prior to the debt becoming ten
years delinquent. This requirement
applies only with respect to debts that
were previously ineligible for collection
by offset because of the time limitation.
This requirement does not apply to
debts, such as Department of Education
student loan debts, that could be
collected by offset without regard to any
time limitation prior to this statutory
change.
II. Procedural Analyses
Administrative Procedures Act
This rule is being issued without prior
public notice and comment because the
changes to the rule are being made to
conform to statutory requirements.
Under 5 U.S.C. 553(b) and (d)(3), good
cause exists to determine that notice
and comment rulemaking is
unnecessary and contrary to the public
interest. The amendments made by this
rule merely mirror amendments already
enacted into law. Further delay in
making these amendments would create
an inconsistency between the law and
the regulations and would cause
confusion.
Request for Comment on Plain Language
Executive Order 12866 requires each
agency in the Executive branch to write
regulations that are simple and easy to
understand. We invite comment on how
to make the proposed rule clearer. For
example, you may wish to discuss: (1)
Whether we have organized the material
to suit your needs; (2) whether the
requirements of the rules are clear; or (3)
whether there is something else we
could do to make these rules easier to
understand.
Regulatory Planning and Review
The final rule does not meet the
criteria for a ‘‘significant regulatory
action’’ as defined in Executive Order
12866. Therefore, the regulatory review
procedures contained therein do not
apply.
cprice-sewell on PRODPC61 with RULES
Regulatory Flexibility Act Analysis
Because no notice of rulemaking is
required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. et
seq.) do not apply.
List of Subjects in 31 CFR Part 285
Administrative practice and
procedure, Child support, Child welfare,
Claims, Credits, Debts, Disability
benefits, Federal employees,
Garnishment of wages, Hearing and
appeal procedures, Loan programs,
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
Privacy, Railroad retirement, Railroad
unemployment insurance, Salaries,
Social Security benefits, Supplemental
Security Income (SSI), Taxes, Veteran’s
benefits, Wages.
■ For the reasons set forth in the
preamble, we are amending 31 CFR part
285 as follows:
PART 285—DEBT COLLECTION
AUTHORITIES UNDER THE DEBT
COLLECTION IMPROVEMENT ACT OF
1996
1. The authority citation for part 285
continues to read as follows:
■
Authority: 5 U.S.C. 5514; 26 U.S.C. 6402;
31 U.S.C. 321, 3701, 3711, 3716, 3719,
3720A, 3720B, 3720D; 42 U.S.C. 664; E.O.
13019, 61 FR 51763, 3 CFR, 1996 Comp., p.
216.
2. In § 285.5:
a. Remove paragraph (d)(3)(i)(C);
b. Redesignate paragraphs (d)(3)(i)(D)
and (d)(3)(i)(E) as paragraphs (d)(3)(i)(C)
and (d)(3)(i)(D) respectively.
■ c. Redesignate paragraphs (d)(6)(iii),
(d)(6)(iv) and (d)(6)(v) as paragraphs
(d)(6)(iv), (d)(6)(v) and (d)(6)(vi)
respectively.
■ d. Add paragraphs (d)(3)(v) and
(d)(6)(iii) as follows:
■
■
■
§ 285.5 Centralized offset of Federal
payments to collect nontax debt owed to
the United States.
*
*
*
*
*
(d) * * *
(3) * * *
(v) Creditor agencies may submit
nontax debts to FMS for collection by
centralized offset irrespective of the
amount of time the debt has been
outstanding. Accordingly, all nontax
debts, including debts that were
outstanding for ten years or longer prior
to June 11, 2009 may be collected by
centralized offset.
*
*
*
*
*
(6) * * *
(iii) For debts outstanding more than
ten years on or before June 11, 2009, the
notice of intent to offset described in
paragraph (d)(6)(ii)(A) of this section
was sent to the debtor after the debt was
outstanding for more than ten years, and
that the debtor was afforded the rights
described in paragraphs (d)(6)(ii)(B)
through (E). This requirement will apply
even in a case where notice was also
sent prior to the debt being outstanding
for ten years but does not apply to any
debt that could be collected by offset
without regard to any time limitation
prior to June 11, 2009.
■
■
3. In § 285.7:
a. Remove paragraph (d)(3)(ii);
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Fmt 4700
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b. Redesignate paragraphs (d)(3)(iii)
through (d)(3)(iv) as paragraphs (d)(3)(ii)
through (d)(3)(iii) respectively .
■ c. In paragraph (d)(4), revise all
references to ‘‘paragraph (d)(3)(iv)’’ to
read ‘‘paragraph (d)(3)(iii)’’.
■ d. Add paragraphs (d)(6) and (d)(7) as
follows:
■
§ 285.7
Salary offset.
*
*
*
*
*
(d) * * *
(6) Creditor agencies may submit
nontax debts to FMS for collection by
centralized salary offset irrespective of
the amount of time the debt has been
outstanding. Accordingly, all nontax
debts, including debts that were
outstanding for ten years or longer prior
to June 11, 2009, may be collected by
centralized salary offset.
(7) For debts that were outstanding
more than ten years on or before June
11, 2009, creditor agencies must certify
to FMS that the notice described in
paragraph (d)(3)(ii) of this section was
sent to the debtor after the debt was
outstanding for ten years. This
requirement will apply even in a case
where notice was also sent prior to the
debt being outstanding for ten years but
does not apply to any debt that could be
collected by offset without regard to any
time limitation prior to June 11, 2009.
*
*
*
*
*
Dated: May 29, 2009.
Gary Grippo,
Acting Fiscal Assistant Secretary.
[FR Doc. E9–13617 Filed 6–10–09; 8:45 am]
BILLING CODE 4810–35–P
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[EPA–R09–OAR–2009–0323; FRL–8915–8]
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ACTION: Final rule; notice of
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E:\FR\FM\11JNR1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27707-27708]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13617]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 285
RIN 1510-AB19
Debt Collection Authorities Under the Debt Collection Improvement
Act of 1996
AGENCY: Financial Management Service, Fiscal Service, Treasury.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury, Financial Management Service,
is amending its regulation governing the centralized offset of federal
payments to collect nontax debts owed to the United States. The
amendment removes the time limitation on the collection of nontax debts
by centralized offset, consistent with a change in the statute on which
it is based. The statutory change, enacted as part of the Food,
Conservation and Energy Act of 2008, allows for the use of centralized
offset of federal payments, including federal salary payments, to
collect nontax debts owed to the United States irrespective of the
amount of time the debt has been outstanding.
DATES: This interim final rule is effective June 11, 2009. Comments
must be received by August 10, 2009.
ADDRESSES: The Financial Management Service (FMS) participates in the
U.S. government's eRulemaking Initiative by publishing rulemaking
information on https://www.regulations.gov. Regulations.gov offers the
public the ability to comment on, search, and view publicly available
rulemaking materials, including comments received on rules.
Comments on this rule, identified by docket FISCAL-FMS-2008-0002,
should only be submitted using the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions on the Web site for submitting comments.
Mail: Tom Dungan, Policy Analyst, Financial Management Service, 401
14th Street, SW., Washington, DC 20227.
The fax and e-mail methods of submitting comments on rules to FMS
have been retired.
Instructions: All submissions received must include the agency name
(``Financial Management Service'') and docket number FISCAL-FMS-2008-
0002 for this rulemaking. In general, comments will be published on
Regulations.gov without change, including any business or personal
information provided. Comments received, including attachments and
other supporting materials, are part of the public record and subject
to public disclosure. Do not enclose any information in your comment or
supporting materials that you consider confidential or inappropriate
for public disclosure.
You may also inspect and copy this proposed rule at: Treasury
Department Library, Freedom of Information Act (FOIA) Collection, Room
1428, Main Treasury Building, 1500 Pennsylvania Avenue, NW.,
Washington, DC 20220. Before visiting, you must call (202) 622-0990 for
an appointment.
FOR FURTHER INFORMATION CONTACT: Thomas Dungan, Policy Analyst, at
(202) 874-6660, or Tricia Long, Senior Attorney, at (202) 874-6680.
SUPPLEMENTARY INFORMATION:
I. Background
The Food, Conservation and Energy Act of 2008, Public Law 110-334,
Section 14219, 22 Stat. 923 (2008) (``the Act'') amended the Debt
Collection Act of 1982 (as amended by the Debt Collection Improvement
Act of 1996) to remove a restriction on the collection of debt by
administrative offset, i.e., offset of payments pursuant to 31 U.S.C.
3716. Prior to this change, administrative offset to collect debt was
only available if the debt was delinquent for a period of less than ten
years. The amendment to the law allows for the collection of debt by
administrative offset without any time limitation and applies to any
debt outstanding on or after the date of the enactment of the Act.
The changes to this rule conform to the statutory language by
removing the ten-year time limitation on the collection of nontax debt
by administrative offset, including centralized salary offset, by
explicitly stating that no time limitation shall apply, and by
explaining that by removing the time limitation, all debts, including
debts that were ineligible for collection by offset prior to the
removal of the time limitation, may now be collected by administrative
offset and centralized salary offset. To avoid any undue hardship, we
have added a requirement applicable to debts that were previously
ineligible for collection by offset because they had been outstanding
for more than ten years. For these debts, creditor agencies must
certify to FMS that the notice of intent to offset was sent to the
debtor after the debt became ten years delinquent. This is intended to
alert the debtor that his debt may now be collected by offset and
allows the debtor additional
[[Page 27708]]
opportunities to dispute the debt, enter into a repayment agreement or
otherwise avoid offset. This requirement applies even in a case where
notice was sent prior to the debt becoming ten years delinquent. This
requirement applies only with respect to debts that were previously
ineligible for collection by offset because of the time limitation.
This requirement does not apply to debts, such as Department of
Education student loan debts, that could be collected by offset without
regard to any time limitation prior to this statutory change.
II. Procedural Analyses
Administrative Procedures Act
This rule is being issued without prior public notice and comment
because the changes to the rule are being made to conform to statutory
requirements. Under 5 U.S.C. 553(b) and (d)(3), good cause exists to
determine that notice and comment rulemaking is unnecessary and
contrary to the public interest. The amendments made by this rule
merely mirror amendments already enacted into law. Further delay in
making these amendments would create an inconsistency between the law
and the regulations and would cause confusion.
Request for Comment on Plain Language
Executive Order 12866 requires each agency in the Executive branch
to write regulations that are simple and easy to understand. We invite
comment on how to make the proposed rule clearer. For example, you may
wish to discuss: (1) Whether we have organized the material to suit
your needs; (2) whether the requirements of the rules are clear; or (3)
whether there is something else we could do to make these rules easier
to understand.
Regulatory Planning and Review
The final rule does not meet the criteria for a ``significant
regulatory action'' as defined in Executive Order 12866. Therefore, the
regulatory review procedures contained therein do not apply.
Regulatory Flexibility Act Analysis
Because no notice of rulemaking is required, the provisions of the
Regulatory Flexibility Act (5 U.S.C. et seq.) do not apply.
List of Subjects in 31 CFR Part 285
Administrative practice and procedure, Child support, Child
welfare, Claims, Credits, Debts, Disability benefits, Federal
employees, Garnishment of wages, Hearing and appeal procedures, Loan
programs, Privacy, Railroad retirement, Railroad unemployment
insurance, Salaries, Social Security benefits, Supplemental Security
Income (SSI), Taxes, Veteran's benefits, Wages.
0
For the reasons set forth in the preamble, we are amending 31 CFR part
285 as follows:
PART 285--DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION
IMPROVEMENT ACT OF 1996
0
1. The authority citation for part 285 continues to read as follows:
Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 321, 3701,
3711, 3716, 3719, 3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. 13019, 61
FR 51763, 3 CFR, 1996 Comp., p. 216.
0
2. In Sec. 285.5:
0
a. Remove paragraph (d)(3)(i)(C);
0
b. Redesignate paragraphs (d)(3)(i)(D) and (d)(3)(i)(E) as paragraphs
(d)(3)(i)(C) and (d)(3)(i)(D) respectively.
0
c. Redesignate paragraphs (d)(6)(iii), (d)(6)(iv) and (d)(6)(v) as
paragraphs (d)(6)(iv), (d)(6)(v) and (d)(6)(vi) respectively.
0
d. Add paragraphs (d)(3)(v) and (d)(6)(iii) as follows:
Sec. 285.5 Centralized offset of Federal payments to collect nontax
debt owed to the United States.
* * * * *
(d) * * *
(3) * * *
(v) Creditor agencies may submit nontax debts to FMS for collection
by centralized offset irrespective of the amount of time the debt has
been outstanding. Accordingly, all nontax debts, including debts that
were outstanding for ten years or longer prior to June 11, 2009 may be
collected by centralized offset.
* * * * *
(6) * * *
(iii) For debts outstanding more than ten years on or before June
11, 2009, the notice of intent to offset described in paragraph
(d)(6)(ii)(A) of this section was sent to the debtor after the debt was
outstanding for more than ten years, and that the debtor was afforded
the rights described in paragraphs (d)(6)(ii)(B) through (E). This
requirement will apply even in a case where notice was also sent prior
to the debt being outstanding for ten years but does not apply to any
debt that could be collected by offset without regard to any time
limitation prior to June 11, 2009.
0
3. In Sec. 285.7:
0
a. Remove paragraph (d)(3)(ii);
0
b. Redesignate paragraphs (d)(3)(iii) through (d)(3)(iv) as paragraphs
(d)(3)(ii) through (d)(3)(iii) respectively .
0
c. In paragraph (d)(4), revise all references to ``paragraph
(d)(3)(iv)'' to read ``paragraph (d)(3)(iii)''.
0
d. Add paragraphs (d)(6) and (d)(7) as follows:
Sec. 285.7 Salary offset.
* * * * *
(d) * * *
(6) Creditor agencies may submit nontax debts to FMS for collection
by centralized salary offset irrespective of the amount of time the
debt has been outstanding. Accordingly, all nontax debts, including
debts that were outstanding for ten years or longer prior to June 11,
2009, may be collected by centralized salary offset.
(7) For debts that were outstanding more than ten years on or
before June 11, 2009, creditor agencies must certify to FMS that the
notice described in paragraph (d)(3)(ii) of this section was sent to
the debtor after the debt was outstanding for ten years. This
requirement will apply even in a case where notice was also sent prior
to the debt being outstanding for ten years but does not apply to any
debt that could be collected by offset without regard to any time
limitation prior to June 11, 2009.
* * * * *
Dated: May 29, 2009.
Gary Grippo,
Acting Fiscal Assistant Secretary.
[FR Doc. E9-13617 Filed 6-10-09; 8:45 am]
BILLING CODE 4810-35-P
