Collection of Overpayments, 14039-14040 [2011-6036]

Download as PDF Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices equipment. This Policy Advisory Council (PAC) Decision 01–11, ‘‘Voluntary Use of TWIC Readers’’ provides guidance on how vessel and facility owners and operators can use TWIC readers to meet existing regulatory requirements for effective (1) identity verification, (2) card validity, and (3) card authentication. srobinson on DSKHWCL6B1PROD with NOTICES Discussion TWIC regulations state that all persons requiring unescorted access to secure areas of MTSA-covered vessels, facilities and outer continental shelf facilities must possess a TWIC before such access is granted. 33 CFR 101.514. At each entry, the TWIC must be checked for (1) identity verification, (2) card validity, and (3) card authentication. 33 CFR 104.265(c)(1), 105.255(c)(1), or 106.260(c)(1). The current requirement for identity verification is to visually compare the photograph on the TWIC to the person at the access point. The Coast Guard, however, may determine an alternative method of identity verification if the method meets or exceeds the effectiveness of a visual inspection. 33 CFR 101.130. With this PAC Decision 01–11, the Coast Guard determines that a biometric match using a TWIC reader from the TSA list of readers that have passed the Initial Capability Evaluation Test to confirm that the biometric template stored on the TWIC matches the fingerprint of the individual presenting the TWIC meets or exceeds the effectiveness of a visual identity verification check. An owner or operator of a vessel or facility may also use a TWIC reader to check for card validity by either (1) comparing the card’s internal Federal Agency Smart Card Number to the TSA Cancelled Card List, or (2) using a Certificate Revocation List. An owner or operator may also perform card authentication by using a TWIC reader to perform the CHALLENGE/ RESPONSE protocol using the Card Authentication Certificate and the card authentication private key on the TWIC. PAC Decision 01–11 also contains additional guidance. It states that TWIC readers used under this determination should be used in accordance with manufacturer instructions, and operated by trained personnel. Additionally, it points out that TWIC readers allowed pursuant to this interim guidance may no longer be valid after promulgation of a TWIC reader final rule requiring the use of readers. Finally, it reminds vessel and facility owners/operators using PAC Decision 01–11 that they must submit a Vessel Security Plan or Facility Security VerDate Mar<15>2010 16:50 Mar 14, 2011 Jkt 223001 14039 Plan amendment in accordance with applicable regulations. Comments on PAC Decision 01–11 may be submitted to the Coast Guard via the docket as described above under ADDRESSES. PAC Decision 01–11 is considered a ‘‘significant guidance document’’ under the terms of the Office of Management and Budget’s ‘‘Final Bulletin for Agency Good Guidance Practices,’’ which was published in the Federal Register on January 25, 2007 (72 FR 3432). FOR FURTHER INFORMATION CONTACT: Authority: This notice is issued under authority of 5 U.S.C. 552(a) and 33 CFR 101.130. SUPPLEMENTARY INFORMATION: Gloria Hernandez, Federal Emergency Management Agency, Department of Homeland Security, Texas National Processing Services Center, P.O. Box 90215, Denton, TX 76202, telephone (940) 891–8722 (this is not a toll-free number). Individuals who are deaf, hard of hearing or those with speech disabilities may access this number through TTY by calling the toll-free Federal Information Relay Service at 800–877–8339. Federal Emergency Management Agency, DHS. ACTION: Notice. On September 5, 2008, FEMA published a notice in the Federal Register (73 FR 51831) announcing FEMA’s intention to implement a revised recoupment process, where warranted, on an individual basis pursuant to the procedures established by regulation for the administrative collection of debts. FEMA has developed revised recoupment procedures pursuant to Department of Homeland Security recoupment regulations at 6 CFR part 11 (adopting general procedures for administrative collection of debts set forth at 31 CFR parts 900–904). FEMA will examine the files of individual disaster applicants for evidence of overpayment. If FEMA determines that recoupment is warranted after review, the revised recoupment procedures will apply. A brief summary of these procedures follows. On September 5, 2008, the Federal Emergency Management Agency (FEMA) published a notice in the Federal Register that announced FEMA’s intention to implement a revised recoupment process, where warranted, on an individual basis pursuant to the procedures established by regulation for the administrative collection of debts. Now FEMA is providing notice of its revised recoupment process and the availability of the ‘‘FEMA Debt Resolution Process: In Summary,’’ a document which includes a section describing ‘‘Your Rights and Options’’ and provides general information to the public on FEMA’s revised recoupment procedures. The revised procedures provide the opportunity for individuals to request an oral hearing. DATES: FEMA’s revised recoupment procedures are effective March 15, 2011. ADDRESSES: ‘‘FEMA Debt Resolution Process: In Summary’’ can be viewed at https://www.regulations.gov under Docket ID FEMA–2009–0003. A hard copy may be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C Street, SW., Washington, DC 20472. Under the revised procedures, when FEMA identifies a potential overpayment, FEMA will send the applicant written notification that a debt is owed, specifying the amount of the debt and the reason for the debt. This ‘‘Notice of Debt’’ letter will describe the applicant’s available options, including payment of the debt in full within 30 days to avoid any potential interest and/ or penalties, a payment plan, a compromise of the debt, or an appeal of the debt determination within 60 days. FEMA will advise the applicant that, if the applicant believes that his or her appeal cannot be decided based on the documentary evidence, for example, when the validity of the debt turns on a question of credibility or veracity, the applicant may request an oral hearing. The applicant will be advised that any request for an oral hearing must be accompanied by an explanation as to why the issue in dispute requires oral testimony and cannot be resolved solely by reviewing documentary evidence. Oral hearings will generally be conducted via telephone conference or may, in certain exceptional circumstances, be held in-person at a FEMA office. Dated: March 7, 2011. Kevin S. Cook, Rear Admiral, U.S. Coast Guard, Director of Prevention Policy. [FR Doc. 2011–5893 Filed 3–14–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID: FEMA–2009–0003] Collection of Overpayments AGENCY: SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\15MRN1.SGM 15MRN1 14040 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices If there is no request for an oral hearing, or if the appeals officer decides the appeal can be resolved fairly based on the documentary evidence alone, FEMA will review the debt based on the written administrative record alone (that is, through a ‘‘paper hearing’’). Following review by either an oral or a paper hearing, FEMA will decide the applicant’s appeal within 90 days after FEMA receives the applicant’s appeal letter and will send a final decision in writing to be included in the individual’s official record. If the individual requests an oral hearing and the request is granted, the time limit may be extended to complete that process. If FEMA determines that the individual owes no debt to FEMA, the recoupment will be terminated and FEMA will reimburse any payments made on the debt. If FEMA determines that the individual owes a debt to FEMA, the individual will be notified of payment options. Authority: 31 U.S.C. 3701 et seq.; 6 CFR part 11. Dated: February 24, 2011. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2011–6036 Filed 3–14–11; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management, Regulation and Enforcement Outer Continental Shelf (OCS), Central and Western Gulf of Mexico, Oil and Gas Lease Sales for Years 2012–2017 Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), Interior. ACTION: Call for information and nominations. AGENCY: This Call for Information and Nominations (hereinafter referred to as ‘‘Call’’) is the initial step in a single multisale process covering all lease sales in the Central and Western Gulf of Mexico (GOM) Planning Areas to be included in the OCS Oil and Gas Leasing Program for 2012–2017. Ten lease sales are specifically covered by this Call: five in the Central GOM Planning Area and five in the Western GOM Planning Area. Concurrent with this Call, BOEMRE is preparing a multisale Environmental Impact Statement (EIS) covering the same ten sales in the Central and Western GOM Planning Areas. For each of the ten individual lease sales associated with srobinson on DSKHWCL6B1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:50 Mar 14, 2011 Jkt 223001 this Call, BOEMRE will comply with the National Environmental Policy Act (NEPA), the Outer Continental Shelf Lands Act (OCSLA), and the Coastal Zone Management Act (CZMA). DATES: Nominations and comments must be received at the address specified below no later than 30 days following publication of this document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Mr. Carrol Williams, Bureau of Ocean Energy Management, Regulation and Enforcement, Gulf of Mexico OCS Region, 1201 Elmwood Park Boulevard, New Orleans, Louisiana 70123–2394, telephone (504) 736–2803. SUPPLEMENTARY INFORMATION: On August 1, 2008, BOEMRE initiated the 5-year oil and gas leasing program preparation process with publication of a Request for Information (RFI) on a program to cover the 2010–2015 time period, two years earlier than the usual cycle. On January 16, 2009, BOEMRE announced the release of the Draft Proposed Program (DPP) and Notice of Intent to Prepare an EIS for 2010–2015. On February 10, 2009, Secretary Salazar extended the comment period on the DPP to September 21, 2009, and later conducted four regional meetings to provide additional opportunities for input by all stakeholders. On December 1, 2010, the Secretary announced the OCS Oil and Gas Strategy as part of President Obama’s comprehensive energy plan for the country. This strategy will guide the next steps in preparation of the new 2012–2017 program. As part of this strategy, on January 4, 2011, BOEMRE published a Notice of Scoping Meetings on the EIS modifying the OCS areas to be scoped for inclusion in the 5-year EIS (76 FR 376). The planning areas are the Western and Central GOM, as well as the area of the Eastern GOM not included in the Congressionallymandated drilling moratorium; and the Beaufort Sea, Chukchi Sea, and Cook Inlet, which are located off Alaska. This multisale Call covers only the lease sales in the Central and Western GOM Planning Areas that will be included in the OCS Oil and Gas Leasing Program for 2012–2017. On February 9, 2011, BOEMRE published a Notice of Intent to Prepare an EIS on the 2012–2017 oil and gas leasing proposals in the Western and Central Planning Areas of the GOM (76 FR 7228). This Call is the sixth issuance of a Gulf of Mexico OCS Region multisale Call. In 1996, BOEMRE implemented two multisale Call processes for lease sales in the Central and Western GOM Planning Areas, respectively, in PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 association with the 1997–2002 OCS Oil and Gas Leasing Program. In the 2002– 2007 OCS Oil and Gas Leasing Program, BOEMRE implemented one multisale Call process for Central and Western GOM Planning Areas lease sales and one multisale Call process for Eastern GOM Planning Area lease sales. BOEMRE issued one multisale Call process for Central and Western GOM Planning Area lease sales in the 2007– 2012 OCS Oil and Gas Leasing Program. Call for Information and Nominations 1. Authority This Call is published pursuant to OCSLA (43 U.S.C. 1331 et seq.) and implementing regulations (30 CFR part 256). 2. Purpose of Call The purpose of the Call is to gather information for the following proposed OCS Lease Sales in the Central and Western GOM Planning Areas. Lease Sale numbers for the last two years of this 5-year Program have not been determined and are listed as to be determined (TBD): Lease sale, OCS planning area Sale Sale Sale Sale Sale Sale Sale Sale Sale Sale 229, Western GOM .............. 231, Central GOM ................ 233, Western GOM .............. 235, Central GOM ................ 238, Western GOM .............. 241, Central GOM ................ TBD, Western GOM ............. TBD, Central GOM .............. TBD, Western GOM ............. TBD, Central GOM .............. Sale year 2012 2013 2013 2014 2014 2015 2015 2016 2016 2017 BOEMRE seeks information and nominations on oil and gas leasing, exploration, development and production within the Central and Western GOM Planning Areas from all interested parties. This early planning and consultation step ensures that all interests and concerns are communicated to the Department of the Interior for its future decisions in the leasing process pursuant to section 18 of OCSLA (43 U.S.C. 1344) and implementing regulations (30 CFR part 256). BOEMRE requests responses regarding proposed sales in both the Central and Western GOM Planning Areas. Areawide lease sale proposals in the Central and Western GOM Planning Areas are very similar. Accordingly, this multisale process addresses decisions for all ten lease sales in both the Central and Western GOM Planning Areas. Pursuant to section 18 of OCSLA (43 U.S.C. 1344) the Secretary of the Interior is developing the 5-year Program for 2012–2017; therefore, this Call should E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 14039-14040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6036]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0003]


Collection of Overpayments

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: On September 5, 2008, the Federal Emergency Management Agency 
(FEMA) published a notice in the Federal Register that announced FEMA's 
intention to implement a revised recoupment process, where warranted, 
on an individual basis pursuant to the procedures established by 
regulation for the administrative collection of debts. Now FEMA is 
providing notice of its revised recoupment process and the availability 
of the ``FEMA Debt Resolution Process: In Summary,'' a document which 
includes a section describing ``Your Rights and Options'' and provides 
general information to the public on FEMA's revised recoupment 
procedures. The revised procedures provide the opportunity for 
individuals to request an oral hearing.

DATES: FEMA's revised recoupment procedures are effective March 15, 
2011.

ADDRESSES: ``FEMA Debt Resolution Process: In Summary'' can be viewed 
at https://www.regulations.gov under Docket ID FEMA-2009-0003. A hard 
copy may be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C 
Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Gloria Hernandez, Federal Emergency 
Management Agency, Department of Homeland Security, Texas National 
Processing Services Center, P.O. Box 90215, Denton, TX 76202, telephone 
(940) 891-8722 (this is not a toll-free number). Individuals who are 
deaf, hard of hearing or those with speech disabilities may access this 
number through TTY by calling the toll-free Federal Information Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: On September 5, 2008, FEMA published a 
notice in the Federal Register (73 FR 51831) announcing FEMA's 
intention to implement a revised recoupment process, where warranted, 
on an individual basis pursuant to the procedures established by 
regulation for the administrative collection of debts. FEMA has 
developed revised recoupment procedures pursuant to Department of 
Homeland Security recoupment regulations at 6 CFR part 11 (adopting 
general procedures for administrative collection of debts set forth at 
31 CFR parts 900-904). FEMA will examine the files of individual 
disaster applicants for evidence of overpayment. If FEMA determines 
that recoupment is warranted after review, the revised recoupment 
procedures will apply. A brief summary of these procedures follows.
    Under the revised procedures, when FEMA identifies a potential 
overpayment, FEMA will send the applicant written notification that a 
debt is owed, specifying the amount of the debt and the reason for the 
debt. This ``Notice of Debt'' letter will describe the applicant's 
available options, including payment of the debt in full within 30 days 
to avoid any potential interest and/or penalties, a payment plan, a 
compromise of the debt, or an appeal of the debt determination within 
60 days. FEMA will advise the applicant that, if the applicant believes 
that his or her appeal cannot be decided based on the documentary 
evidence, for example, when the validity of the debt turns on a 
question of credibility or veracity, the applicant may request an oral 
hearing. The applicant will be advised that any request for an oral 
hearing must be accompanied by an explanation as to why the issue in 
dispute requires oral testimony and cannot be resolved solely by 
reviewing documentary evidence. Oral hearings will generally be 
conducted via telephone conference or may, in certain exceptional 
circumstances, be held in-person at a FEMA office.

[[Page 14040]]

    If there is no request for an oral hearing, or if the appeals 
officer decides the appeal can be resolved fairly based on the 
documentary evidence alone, FEMA will review the debt based on the 
written administrative record alone (that is, through a ``paper 
hearing'').
    Following review by either an oral or a paper hearing, FEMA will 
decide the applicant's appeal within 90 days after FEMA receives the 
applicant's appeal letter and will send a final decision in writing to 
be included in the individual's official record. If the individual 
requests an oral hearing and the request is granted, the time limit may 
be extended to complete that process.
    If FEMA determines that the individual owes no debt to FEMA, the 
recoupment will be terminated and FEMA will reimburse any payments made 
on the debt. If FEMA determines that the individual owes a debt to 
FEMA, the individual will be notified of payment options.

    Authority: 31 U.S.C. 3701 et seq.; 6 CFR part 11.

    Dated: February 24, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-6036 Filed 3-14-11; 8:45 am]
BILLING CODE 9111-23-P
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