Administrative Wage Garnishment, 40521-40523 [E9-19344]
Download as PDF
<![CDATA[
jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects 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, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes state requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a state’s application for authorization as
long as the state meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a state
authorization application to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
VerDate Nov<24>2008
16:35 Aug 11, 2009
Jkt 217001
40521
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action will be
effective October 13, 2009.
regulations to applicable provisions of
the DCIA.
DATES: This rule is effective September
11, 2009.
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.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Background
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 14, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9–19315 Filed 8–11–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
49 CFR Part 89
[Docket No. OST–2008–0329]
RIN 2105–AD78
Administrative Wage Garnishment
AGENCY: Office of the Secretary of
Transportation (OST), DOT.
ACTION: Final rule.
SUMMARY: This final rule will 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 final rule will adopt,
without change, the hearing procedures
issued by the Department of the
Treasury implementing administrative
wage garnishment under the DCIA. This
final rule would apply only to
individuals who are not Federal
employees. The final rule also will
amend regulations on procedures for the
collection of claims to conform DOT
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
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 final rule would amend DOT’s
regulations at 49 CFR part 89, subpart B
to adopt 31 CFR 285.11 in its entirety.
Specifically, the final rule would
establish a new 49 CFR 89.35 that
would contain a cross-reference to 31
CFR 285.11.
On December 5, 2008, the DOT
published a notice of proposed
E:\FR\FM\12AUR1.SGM
12AUR1
40522
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations
jlentini on DSKJ8SOYB1PROD with RULES
rulemaking in the Federal Register for
the public to comment, as required.
DOT received no comments from the
public on this rule.
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 final 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 final 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 to the
employer of a delinquent debtor a wage
VerDate Nov<24>2008
16:35 Aug 11, 2009
Jkt 217001
garnishment order 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 agency has evaluated this final
rule 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).
The final rule 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
The Secretary, in accordance with the
Regulatory Flexibility Act (5 U.S.C.
605(b)), has reviewed and approved this
final rule, and in so doing certifies that
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
this final rule would not have a
significant economic impact on a
substantial number of small entities.
Although many small employers will be
subject to the requirements of this final
rule, the requirements will not have a
significant economic impact on these
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 final rule.
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 final 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,
E:\FR\FM\12AUR1.SGM
12AUR1
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations
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 final rule contains information
that would apply to individuals and
possibly small entities. However, there
are no reporting or other collection
requirements associated with this final
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.
jlentini on DSKJ8SOYB1PROD with RULES
National Environmental Policy Act
In accordance with 24 CFR 50.19(c)(1)
of the Department’s regulations, this
final 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
final 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,
VerDate Nov<24>2008
16:35 Aug 11, 2009
Jkt 217001
advance notices of final rulemaking, and
notices of final 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.
OST has evaluated this final rule in
accordance with Executive Order 13211.
The Department has determined that
this final rule is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy.
Consequently, the Department has
determined that this final rule 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.
40523
2. Add § 89.35 to subpart B to read as
follows:
■
§ 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.
Issued this 30th day of July 2009, at
Washington, DC.
Ray LaHood,
Secretary of Transportation.
[FR Doc. E9–19344 Filed 8–11–09; 8:45 am]
BILLING CODE 4910–9X–P
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.
DEPARTMENT OF COMMERCE
List of Subjects in 49 CFR Part 89
Fisheries of the Exclusive Economic
Zone Off Alaska; Atka Mackerel Lottery
in Areas 542 and 543
Claims, Income taxes.
The Final Rule
For the reasons set forth in the
preamble, OST amends Part 89 of
chapter I, subtitle A of title 49, Code of
Federal Regulations, as set forth below:
■
PART 89—IMPLEMENTATION OF THE
FEDERAL CLAIMS COLLECTION ACT
1. The authority citation for 49 CFR
part 89, subpart B is revised to read as
follows:
■
Authority: Public Law 89–508; Public Law
89–365, secs. 3, 10, 11, 13(b), 31 U.S.C. 3701–
3720A; Public Law 98–167; Public Law 98–
369; Public Law 99–578; Public Law 101–
552, 31 U.S.C. 3711(a)(2); 31 CFR 3711,
3716–3720E.
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–9087–02]
RIN 0648–XQ93
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of fishery
assignments.
SUMMARY: NMFS is notifying the owners
and operators of registered vessels of
their assignments for the 2009 B season
Atka mackerel fishery in harvest limit
area (HLA) 542 and/or 543 of the
Aleutian Islands subarea of the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
allow the harvest of the 2009 B season
HLA limits established for area 542 and
area 543 pursuant to the final 2009 and
E:\FR\FM\12AUR1.SGM
12AUR1
]]>Agencies
[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Rules and Regulations]
[Pages 40521-40523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19344]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
49 CFR Part 89
[Docket No. OST-2008-0329]
RIN 2105-AD78
Administrative Wage Garnishment
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule will 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 final rule will adopt, without change, the hearing
procedures issued by the Department of the Treasury implementing
administrative wage garnishment under the DCIA. This final rule would
apply only to individuals who are not Federal employees. The final rule
also will amend regulations on procedures for the collection of claims
to conform DOT regulations to applicable provisions of the DCIA.
DATES: This rule is effective September 11, 2009.
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.
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 final rule would amend DOT's regulations at 49 CFR part 89,
subpart B to adopt 31 CFR 285.11 in its entirety. Specifically, the
final rule would establish a new 49 CFR 89.35 that would contain a
cross-reference to 31 CFR 285.11.
On December 5, 2008, the DOT published a notice of proposed
[[Page 40522]]
rulemaking in the Federal Register for the public to comment, as
required. DOT received no comments from the public on this rule.
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 final 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 final 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
to the employer of a delinquent debtor a wage garnishment order
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 agency has evaluated this final rule 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).
The final rule 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
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this final rule, and in so
doing certifies that this final rule would not have a significant
economic impact on a substantial number of small entities. Although
many small employers will be subject to the requirements of this final
rule, the requirements will not have a significant economic impact on
these 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 final
rule.
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 final 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,
[[Page 40523]]
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 final rule contains information that would apply to
individuals and possibly small entities. However, there are no
reporting or other collection requirements associated with this final
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 final 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 final 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 final
rulemaking, and notices of final 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. OST has evaluated
this final rule in accordance with Executive Order 13211.
The Department has determined that this final rule is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Consequently, the Department has determined that this final
rule 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.
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, Income taxes.
The Final Rule
0
For the reasons set forth in the preamble, OST amends Part 89 of
chapter I, subtitle A of title 49, Code of Federal Regulations, as set
forth below:
PART 89--IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT
0
1. The authority citation for 49 CFR part 89, subpart B is revised to
read as follows:
Authority: Public Law 89-508; Public Law 89-365, secs. 3, 10,
11, 13(b), 31 U.S.C. 3701-3720A; Public Law 98-167; Public Law 98-
369; Public Law 99-578; Public Law 101-552, 31 U.S.C. 3711(a)(2); 31
CFR 3711, 3716-3720E.
0
2. Add Sec. 89.35 to subpart B 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.
Issued this 30th day of July 2009, at Washington, DC.
Ray LaHood,
Secretary of Transportation.
[FR Doc. E9-19344 Filed 8-11-09; 8:45 am]
BILLING CODE 4910-9X-P
