Administrative Wage Garnishment, 68416-68418 [2010-28045]

Download as PDF 68416 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2010–0690; Airspace Docket No. 10–ASW–2] Establishment of Class E Airspace; Berryville, AR Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E airspace for Berryville, AR, to accommodate Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Carroll County Airport, Berryville, AR. The FAA is taking this action to enhance the safety and management of Instrument Flight Rule (IFR) operations at the airport. DATES: Effective Date: 0901 UTC, January 13, 2011. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321– 7716. SUPPLEMENTARY INFORMATION: SUMMARY: jlentini on DSKJ8SOYB1PROD with RULES History On September 2, 2010, the FAA published in the Federal Register a notice of proposed rulemaking to establish Class E airspace for Berryville, AR, creating controlled airspace at Carroll County Airport (75 FR 53876) Docket No. FAA–2010–0690. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9U dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace extending upward from 700 feet above the surface to accommodate SIAPs at Carroll County Airport, Berryville, AR. This action is necessary for the safety and VerDate Mar<15>2010 17:53 Nov 05, 2010 Jkt 223001 management of IFR operations at the airport. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Carroll County Airport, Berryville, AR. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: ■ PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, and ■ PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 effective September 15, 2010, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface. ASW AR E5 Berryville, AR [New] Carroll County Airport, AR (Lat. 36°22′53″ N., long. 93°37′28″ W.) That airspace extending upward from 700 feet above the surface within a 8.9-mile radius of Carroll County Airport and within 4 miles each side of the 253° bearing from the airport extending from the 8.9-mile radius to 11.3 miles west of the airport. Issued in Fort Worth, Texas, on October 26, 2010. Anthony D. Roetzel, Manager Operations Support Group, ATO Central Service Center. [FR Doc. 2010–28103 Filed 11–5–10; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 1 Administrative Wage Garnishment Federal Trade Commission. Final rule. AGENCY: ACTION: This final rule establishes debt collection regulations for the Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’ or ‘‘agency’’) to conform to the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996, the Federal Claims Collection Standards, and other laws applicable to the collection of nontax debts owed to the FTC. DATES: This final rule is effective December 8, 2010. FOR FURTHER INFORMATION CONTACT: Ami Joy Rop, Attorney, Division of Planning and Information, at arop@ftc.gov; telephone number 202–326–2648 (Note: this is not a toll-free call); or write to: Federal Trade Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background This final rule implements the FTC’s debt collection regulations to conform to the Debt Collection Act of 1982, Public Law 97–365, 96 Stat. 1749 (Oct. 25, 1982), as amended by the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104–134, 110 Stat. 1321, 1358 (Apr. 26, 1996), the Federal Claims Collection Standards, 31 CFR parts 900 through 904, Debt Collection Authorities Under the Debt Collection Improvement Act of 1996, 31 CFR part E:\FR\FM\08NOR1.SGM 08NOR1 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 285, and other laws applicable to the collection of nontax debt owed to the Government. Section 31001(o) of the DCIA (codified at 31 U.S.C. 3720D) authorizes collection of Federal agency debt by administrative wage garnishment. Wage garnishment is a 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 no more than 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)) with respect to administrative wage garnishment. 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 the FTC’s regulations at 16 CFR Part 1, Subpart N, to adopt 31 CFR 285.11 in its entirety. Specifically, the final rule would establish a new provision that would contain a cross-reference to 31 CFR 285.11. II. Overview of the Administrative Wage Garnishment Process jlentini on DSKJ8SOYB1PROD with RULES 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 16:22 Nov 05, 2010 Jkt 223001 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, which may be in writing, by telephone, or in person, 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 time frame, 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 re-employed 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 the FTC’s right to collect a debt through administrative wage garnishment will be conducted by a qualified individual selected by the Chairman of the Commission. 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 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 an overview of the rules and procedures codified at 31 CFR 285.11. VerDate Mar<15>2010 an explanation of the debtor’s rights regarding the proposed action. 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 68417 5. Garnishment Amounts As provided in the DCIA, up to 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. III. Procedural Requirements A. Administrative Procedure Act The FTC has determined that implementation of this rule without prior notice and the opportunity for public comment is warranted because this rule is one of agency procedure and practice and therefore is exempt from notice and comment rulemaking requirements under the Administrative Procedure Act (APA) at 5 U.S.C. 553(b)(A) and (B). This final rule parallels the existing operational regulations of other agencies to effectuate the collection of non-tariff and nontax debts to implement 31 U.S.C. 3711. Because this rule parallels existing, long-standing rules that have already been subject to APA notice and comment procedures, we believe that publishing this rule with the usual notice and comment procedures is unnecessary. Accordingly, the FTC has determined that prior notice and public comment procedures would be unnecessary pursuant to 5 U.S.C. 553(b)(B). B. Regulatory Flexibility Act Because the Commission has determined that it may issue these rules without public comment, the Commission is also not required to publish any initial or final regulatory flexibility analysis under the Regulatory Flexibility Act as part of such action. See 5 U.S.C. 603(a), 604(b). C. Paperwork Reduction Act of 1995 In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A), the Commission has reviewed the final rules. The rules contain no collections of information pursuant to the Paperwork Reduction Act. List of Subjects in 16 CFR Part 1 Administrative practice and procedure, Claims, Debts, Garnishment of wages, Hearing and appeal procedures, Pay administration, Salaries, Wages. E:\FR\FM\08NOR1.SGM 08NOR1 68418 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations Authority and Issuance For the reasons set forth above, the Federal Trade Commission amends 16 CFR part 1 as follows: ■ 1. Amend part 1 by adding a new subpart N (consisting of § 1.100) to read as follows: ■ Subpart N—Administrative Wage Garnishment Sec 1.100 Administrative wage garnishment. Authority: 15 U.S.C. 46; 31 U.S.C. 3720D; 31 CFR 285.11(f). § 1.100 Administrative wage garnishment. (a) General. The Commission may use administrative wage garnishment for debts, including those referred to Financial Management Service, Department of Treasury, for crossservicing. Regulations in 31 CFR 285.11 govern the collection of delinquent nontax debts owed to federal agencies through administrative garnishment of non-Federal wages. Whenever the Financial Management Service collects such a debt for the Commission using administrative wage garnishment, the statutory administrative requirements in 31 CFR 285.11 will govern. (b) Hearing official. Any hearing required to establish the Commission’s right to collect a debt through administrative wage garnishment shall be conducted by a qualified individual selected at the discretion of the Chairman of the Commission, as specified in 31 CFR 285.11. By direction of the Commission. Richard C. Donohue, Acting Secretary. [FR Doc. 2010–28045 Filed 11–5–10; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 511 RIN 2125–AF19 Real-Time System Management Information Program Federal Highway Administration (FHWA), DOT. ACTION: Final rule; request for comments. jlentini on DSKJ8SOYB1PROD with RULES AGENCY: Section 1201 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) requires the Secretary of Transportation (Secretary) to establish a Real-Time System SUMMARY: VerDate Mar<15>2010 16:22 Nov 05, 2010 Jkt 223001 Management Information Program that provides, in all States, the capability to monitor, in real-time, the traffic and travel conditions of the major highways of the United States and to share these data with State and local governments and with the traveling public. This rule establishes minimum parameters and requirements for States to make available and share traffic and travel conditions information via real-time information programs. DATES: This rule is effective December 23, 2010. Establishment of the real-time information program for traffic and travel conditions reporting along the Interstate system highways shall be completed no later than November 8, 2014. Establishment of the real-time information program for traffic and travel conditions reporting along the State-designated metropolitan area routes of significance shall be completed no later than November 8, 2016. Comments must be received on or before December 23, 2010. Late-filed comments will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Robert Rupert, FHWA Office of Operations, (202) 366–2194, or via e-mail at robert.rupert@dot.gov. For legal questions, please contact Ms. Lisa MacPhee, Attorney Advisor, FHWA Office of the Chief Counsel, (202) 366– 1392, or via e-mail at lisa.macphee@dot.gov. Office hours for the FHWA are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access and Filing This document, the notice of proposed rulemaking (NPRM), and all comments received may be viewed on line through the Federal eRulemaking portal at: http://www.regulations.gov. The Web site is available 24 hours each day, 365 days each year. Please follow the instructions. An electronic copy of this document may also be downloaded by accessing the Office of the Federal Register’s home page at http://www.archives.gov or the Government Printing Office’s Web page at http://www.gpoaccess.gov/nara. Comments may be submitted electronically to the Federal eRulemaking portal at http:// www.regulations.gov. All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 desiring notification of receipt of comments must include a selfaddressed, stamped postcard or you may print the acknowledgment page that appears after submitting comments electronically. Anyone is able to search the electronic form of all comments in any one of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, Pages 19477–78) or you may visit http:// DocketsInfo.dot.gov. Background History Under the heading of ‘‘Congestion Relief,’’ section 1201 of SAFETEA–LU (Pub. L. 109–59, 119 Stat. 1144, Aug. 10, 2005) requires the Secretary of Transportation to establish a Real-Time System Management Information Program to provide, in all States, the capability to monitor, in real-time, the traffic and travel conditions of the major highways of the United States and to share that information to improve the security of the surface transportation system, to address congestion problems, to support improved response to weather events and surface transportation incidents, and to facilitate national and regional highway traveler information. The purposes of the Real-Time System Management Information Program are to: (1) Establish, in all States, a system of basic real-time information for managing and operating the surface transportation system; (2) Identify longer range real-time highway and transit monitoring needs and develop plans and strategies for meeting such needs; and (3) Provide the capability and means to share that data with State and local governments and the traveling public. Section 1201(c)(1) of SAFETEA–LU states that as State and local governments develop or update regional intelligent transportation system (ITS) architectures, described in 23 CFR 940.9, such governments shall explicitly address real-time highway and transit information needs and the systems needed to meet such needs, including addressing coverage, monitoring systems, data fusion and archiving, and methods of exchanging or sharing highway and transit information. The FHWA envisions that States carrying out updates of regional ITS architectures would consider broadening the geographic coverage area for gathering E:\FR\FM\08NOR1.SGM 08NOR1

Agencies

[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Rules and Regulations]
[Pages 68416-68418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28045]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION

16 CFR Part 1


Administrative Wage Garnishment

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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

SUMMARY: This final rule establishes debt collection regulations for 
the Federal Trade Commission (``FTC'' or ``Commission'' or ``agency'') 
to conform to the Debt Collection Act of 1982, as amended by the Debt 
Collection Improvement Act of 1996, the Federal Claims Collection 
Standards, and other laws applicable to the collection of nontax debts 
owed to the FTC.

DATES: This final rule is effective December 8, 2010.

FOR FURTHER INFORMATION CONTACT: Ami Joy Rop, Attorney, Division of 
Planning and Information, at arop@ftc.gov; telephone number 202-326-
2648 (Note: this is not a toll-free call); or write to: Federal Trade 
Commission, 600 Pennsylvania Avenue NW., Washington, DC 20580.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule implements the FTC's debt collection regulations to 
conform to the Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 
1749 (Oct. 25, 1982), as amended by the Debt Collection Improvement Act 
of 1996 (DCIA), Public Law 104-134, 110 Stat. 1321, 1358 (Apr. 26, 
1996), the Federal Claims Collection Standards, 31 CFR parts 900 
through 904, Debt Collection Authorities Under the Debt Collection 
Improvement Act of 1996, 31 CFR part

[[Page 68417]]

285, and other laws applicable to the collection of nontax debt owed to 
the Government.
    Section 31001(o) of the DCIA (codified at 31 U.S.C. 3720D) 
authorizes collection of Federal agency debt by administrative wage 
garnishment. Wage garnishment is a 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 no more than 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)) with respect to 
administrative wage garnishment. 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 the FTC's regulations at 16 CFR Part 1, 
Subpart N, to adopt 31 CFR 285.11 in its entirety. Specifically, the 
final rule would establish a new provision that would contain a cross-
reference to 31 CFR 285.11.

II. 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 an 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, which may 
be in writing, by telephone, or in person, 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 
time frame, 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 re-employed 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 the FTC's right to collect a debt through administrative wage 
garnishment will be conducted by a qualified individual selected by the 
Chairman of the Commission. 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, up to 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.

III. Procedural Requirements

A. Administrative Procedure Act

    The FTC has determined that implementation of this rule without 
prior notice and the opportunity for public comment is warranted 
because this rule is one of agency procedure and practice and therefore 
is exempt from notice and comment rulemaking requirements under the 
Administrative Procedure Act (APA) at 5 U.S.C. 553(b)(A) and (B).
    This final rule parallels the existing operational regulations of 
other agencies to effectuate the collection of non-tariff and nontax 
debts to implement 31 U.S.C. 3711. Because this rule parallels 
existing, long-standing rules that have already been subject to APA 
notice and comment procedures, we believe that publishing this rule 
with the usual notice and comment procedures is unnecessary. 
Accordingly, the FTC has determined that prior notice and public 
comment procedures would be unnecessary pursuant to 5 U.S.C. 553(b)(B).

B. Regulatory Flexibility Act

    Because the Commission has determined that it may issue these rules 
without public comment, the Commission is also not required to publish 
any initial or final regulatory flexibility analysis under the 
Regulatory Flexibility Act as part of such action. See 5 U.S.C. 603(a), 
604(b).

C. Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3506; 5 CFR part 1320 Appendix A), the Commission has reviewed the 
final rules. The rules contain no collections of information pursuant 
to the Paperwork Reduction Act.

List of Subjects in 16 CFR Part 1

    Administrative practice and procedure, Claims, Debts, Garnishment 
of wages, Hearing and appeal procedures, Pay administration, Salaries, 
Wages.

[[Page 68418]]

Authority and Issuance

0
For the reasons set forth above, the Federal Trade Commission amends 16 
CFR part 1 as follows:
0
1. Amend part 1 by adding a new subpart N (consisting of Sec.  1.100) 
to read as follows:

Subpart N--Administrative Wage Garnishment

Sec
1.100 Administrative wage garnishment.

    Authority: 15 U.S.C. 46; 31 U.S.C. 3720D; 31 CFR 285.11(f).


Sec.  1.100  Administrative wage garnishment.

    (a) General. The Commission may use administrative wage garnishment 
for debts, including those referred to Financial Management Service, 
Department of Treasury, for cross-servicing. Regulations in 31 CFR 
285.11 govern the collection of delinquent nontax debts owed to federal 
agencies through administrative garnishment of non-Federal wages. 
Whenever the Financial Management Service collects such a debt for the 
Commission using administrative wage garnishment, the statutory 
administrative requirements in 31 CFR 285.11 will govern.
    (b) Hearing official. Any hearing required to establish the 
Commission's right to collect a debt through administrative wage 
garnishment shall be conducted by a qualified individual selected at 
the discretion of the Chairman of the Commission, as specified in 31 
CFR 285.11.

    By direction of the Commission.
Richard C. Donohue,
Acting Secretary.
[FR Doc. 2010-28045 Filed 11-5-10; 8:45 am]
BILLING CODE 6750-01-P