Debt Collection Authorities Under the Debt Collection Improvement Act of 1996, 68149-68150 [E9-30549]
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Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations
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Rulemaking Requirements
1. This final rule has been determined
to be not significant for purposes of
Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information, subject
to the requirements of the Paperwork
Reduction Act of 1995 (PRA), 44 U.S.C.
3501 et seq., unless that collection of
information displays a currently valid
OMB Control Number. This regulation
involves information collections
previously approved by the OMB under
control number 0694–0088, ‘‘MultiPurpose Application’’, which carries a
burden hour estimate of 58 minutes to
prepare and submit form BIS–748, and
which involves requirements in
connection with Authorization
Validated End-User. This rule is
expected to result in an increase in
license applications submitted to BIS.
Total burden hours associated with the
PRA and OMB control number 0694–
0088 are not expected to increase
significantly as a result of this rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The provisions of the
Administrative Procedure Act requiring
notice of proposed rulemaking, the
opportunity for public participation,
and a delay in effective date, are
inapplicable to this rule because this
regulation involves a military and
foreign affairs function of the United
States (5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
not applicable. Therefore, this
regulation is issued in final form.
Although there is no formal comment
period, public comments on this
regulation are welcome on a continuing
basis. Comments may be submitted to
Sheila Quarterman, Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230.
VerDate Nov<24>2008
19:23 Dec 22, 2009
Jkt 220001
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
■ Accordingly, part 748 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 748—[AMENDED]
1. The authority citation for 15 CFR
part 748 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 13, 2009, 74 FR 41325 (August 14,
2009).
Supplement No. 7 to Part 748
[Amended]
2. Supplement No. 7 to part 748
(Authorization Validated End-User
(VEU): List of Validated End-Users,
Respective Eligible Items and Eligible
Destinations) is amended by:
■ a. Removing the entry for Aviza
Technology China from the ‘‘Validated
End-User,’’ ‘‘Eligible Items (By ECCN),’’
and ‘‘Eligible Destination’’ columns; and
■ b. Removing the entry for GE Fanuc
Systems PVT Ltd. from the ‘‘Eligible
Items (by ECCN)’’ and ‘‘Eligible
Destination’’ columns associated with
the VEU GE India.
■
Dated: December 18, 2009.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. E9–30487 Filed 12–22–09; 8:45 am]
BILLING CODE 3150–33–P
DEPARTMENT OF THE TREASURY
68149
reduce benefits accrued before the plan
amendment’s applicable amendment
date.
DATES: This correction is effective on
December 23, 2009, and is applicable on
November 24, 2009.
FOR FURTHER INFORMATION CONTACT:
Pamela R. Kinard, (202) 622–6060 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations (TD 9472) that
are the subject of this document are
under sections411(d)(6) and 4980F of
the Internal Revenue Code.
Need for Correction
As published, the final regulations
(TD 9472) contain an error that may
prove to be misleading and is in need
of clarification.
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9472), which were
the subject of FR Doc. E9–28078, is
corrected as follows:
On page 61275, column 3, in the
preamble, under the paragraph heading
‘‘Effective/Applicability Dates’’, lines 4
and 5 from the bottom of first paragraph
of the column, the language ‘‘(available
on the IRS Web site at https://
www.irs.gov/pub/irs-drop/a-09–
82.pdf),’’ is removed and replaced with
the language ‘‘(2009–48 IRB 720) See
§ 601.601(d)(2)(ii)(b),’’ in its place.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E9–30535 Filed 12–22–09; 8:45 am]
BILLING CODE 4830–01–P
Internal Revenue Service
DEPARTMENT OF THE TREASURY
26 CFR Parts 1 and 54
[TD 9472]
Fiscal Service
RIN 1545–BG48
31 CFR Part 285
Notice Requirements for Certain
Pension Plan Amendments
Significantly Reducing the Rate of
Future Benefit Accrual; Correction
RIN 1510–AB19
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
SUMMARY: This document contains a
correction to final regulations (TD 9472)
that were published in the Federal
Register on Tuesday, November 24,
2009 (74 FR 61270) providing guidance
relating to the application of the section
204(h) notice requirements to a pension
plan amendment that is permitted to
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Debt Collection Authorities Under the
Debt Collection Improvement Act of
1996
AGENCY: Financial Management Service,
Fiscal Service, Treasury.
ACTION: Final rule.
SUMMARY: This final rule adopts the
interim rule, published in the Federal
Register on June 11, 2009, concerning
the time limitation on the collection of
nontax debts by centralized offset.
DATES: This rule is effective December
23, 2009.
E:\FR\FM\23DER1.SGM
23DER1
68150
Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations
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.
On June 11, 2009, the Financial
Management Service published in the
Federal Register an interim rule
implementing the statutory change. (See
74 FR 27707, June 11, 2009).
Comments on the Interim Rule
By the close of the comment period,
FMS received no comments on the
interim rule.
Table of Contents for Preamble
Adoption as Final Rule
Accordingly, the interim rule
amending 31 CFR part 285, published at
74 FR 27707, June 11, 2009, is adopted
as a final rule without change.
Dated: December 18, 2009.
Richard L. Gregg,
Acting Fiscal Assistant Secretary.
[FR Doc. E9–30549 Filed 12–22–09; 8:45 am]
BILLING CODE 4810–35–P
DEPARTMENT OF HOMELAND
SECURITY
Abbreviation
[Docket No. USCG–2009–0891]
RIN 1625–AB40
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Federal Civil Penalties Inflation
Adjustment Act—2009 Implementation
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is adjusting
fines and other civil monetary penalties
to reflect the impact of inflation. These
adjustments are made in accordance
with the Federal Civil Penalties
SUMMARY:
13:48 Dec 22, 2009
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Explanation
CFR .....
CMPs ..
CPI–U ..
33 CFR Part 27
VerDate Nov<24>2008
I. Abbreviations
II. Background
III. Method of Calculation
IV. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
Coast Guard
ACTION:
Inflation Adjustment Act of 1990, as
amended by the Debt Collection
Improvement Act of 1996.
DATES: This final rule is effective 30
days after December 23, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0891 and are
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2009–0891 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Heather Young, CG–5232, Coast
Guard; telephone 202–372–1022, e-mail
Heather.l.young@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Code of Federal Regulations.
Civil Monetary Penalties.
Consumer Price Index for All Urban
Consumers, Not Seasonally Adjusted, U.S. City Average.
Regulatory Flexibility Act.
United States Code.
RFA .....
U.S.C. ..
II. Background
Congress has established fines or
other civil monetary penalties (CMPs)
for those who violate Federal laws and
regulations. However, the deterrent
value of these fines and penalties
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diminishes over time from the effects of
inflation. To address this problem,
Congress enacted the Federal Civil
Penalties Inflation Adjustment Act,
Public Law 101–410, 104 Stat. 890,
§§ 1–6, as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, 110 Stat. 1321,
§ 31001(s)(1); 28 U.S.C. 2461. These
statutes require Federal agencies to
adjust their CMPs for inflation at least
once every four years, using a
nondiscretionary statutory formula, thus
making further direct involvement by
Congress unnecessary.
This final rule is published without a
prior notice of proposed rulemaking or
public comment period. Pursuant to the
Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), the Coast Guard finds that
good cause exists for dispensing with
notice and comment in this rulemaking.
This rulemaking implements the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996. These statutes require certain
actions with respect to adjusting CMPs
for inflation and do not allow for
discretion in implementation, so that
prior notice and comment is
unnecessary and contrary to the public
interest.
III. Method of Calculation
The method for calculating the effects
of inflation on fines and penalties is
very specifically prescribed by statutes,
which allow no discretion. The statutes
specify the inflation measure to be used,
the method for the calculation of the
inflation adjustment, and the method for
the numerical rounding of the results.
The statutes require the use of the
change in the Consumer Price Index for
All Urban Consumers (CPI–U) as the
inflation measure for these calculations.
The CPI–U is calculated and published
by the U.S. Department of Labor, Bureau
of Labor Statistics, and uses the period
of 1982 to 1984 as the base level where
the CPI–U = 100.
The inflation adjustment prescribed
by the statutes is calculated as the
difference between the CPI–U for the
month of June of the calendar year
preceding the adjustment and the CPI–
U for the month of June of the calendar
year in which the amount of the civil
monetary penalty was last set or
adjusted pursuant to law. Since the last
inflation adjustment was made in 2003
and the year preceding this adjustment
is 2008, the current inflation adjustment
equals the increase in the CPI–U (not
seasonally adjusted) from June, 2003 to
June, 2008:
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23DER1
Agencies
[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Rules and Regulations]
[Pages 68149-68150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30549]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adopts the interim rule, published in the
Federal Register on June 11, 2009, concerning the time limitation on
the collection of nontax debts by centralized offset.
DATES: This rule is effective December 23, 2009.
[[Page 68150]]
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.
On June 11, 2009, the Financial Management Service published in the
Federal Register an interim rule implementing the statutory change.
(See 74 FR 27707, June 11, 2009).
Comments on the Interim Rule
By the close of the comment period, FMS received no comments on the
interim rule.
Adoption as Final Rule
Accordingly, the interim rule amending 31 CFR part 285, published
at 74 FR 27707, June 11, 2009, is adopted as a final rule without
change.
Dated: December 18, 2009.
Richard L. Gregg,
Acting Fiscal Assistant Secretary.
[FR Doc. E9-30549 Filed 12-22-09; 8:45 am]
BILLING CODE 4810-35-P