Debt Collection, 17331-17332 [2011-7341]
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17331
Rules and Regulations
Federal Register
Vol. 76, No. 60
Tuesday, March 29, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
FEDERAL HOUSING FINANCE
AGENCY
12 CFR Part 1208
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Office of Federal Housing Enterprise
Oversight
12 CFR Part 1704
RIN 2590–AA15
Debt Collection
Federal Housing Finance
Agency; Office of Federal Housing
Enterprise Oversight.
ACTION: Final rule.
AGENCY:
The Federal Housing Finance
Agency (FHFA) publishes this final rule
to adopt, without change, the interim
final rule that was published in the
Federal Register on November 10, 2010,
setting forth procedures for use by
FHFA in collecting debts owed to the
Federal Government. The final rule
implements the requirements of the
Federal Claims Collection Act and the
Debt Collection Improvement Act of
1996, and includes procedures for
collection of debts through salary offset,
administrative offset, tax refund offset,
and administrative wage garnishment.
DATES: The final rule is effective on
March 29, 2011.
FOR FURTHER INFORMATION CONTACT:
Andra Grossman, Senior Counsel,
telephone (202) 343–1313 or Gail F.
Baum, Associate General Counsel,
telephone (202) 343–1508 (not toll-free
numbers); Federal Housing Finance
Agency, Fourth Floor, 1700 G Street,
NW., Washington, DC 20552. The
telephone number for the
Telecommunications Device for the Deaf
is (800) 877–8339.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
VerDate Mar<15>2010
13:46 Mar 28, 2011
Jkt 223001
A. Debt Collection
On November 10, 2010, FHFA
published an interim final rule in the
Federal Register at 75 FR 68956. This
final rule adopts, without change, that
interim final rule that set forth
procedures for use by FHFA in
collecting debts owed to the Federal
Government. The final rule implements
the requirements of the Federal Claims
Collection Act 1 and the Debt Collection
Improvement Act of 1996 (DCIA).2 The
DCIA requires agencies to either (1)
adopt without change regulations on
collecting debts by administrative offset
promulgated by the Department of
Justice or Department of the Treasury; or
(2) prescribe agency regulations for
collecting such debts by administrative
offset, which are consistent with the
Federal Claims Collection Standards
(FCCS).3 The agency regulations are to
protect the minimum due process rights
that must be afforded to a debtor when
an agency seeks to collect a debt,
including the ability to verify,
challenge, and compromise claims, and
provide access to administrative appeals
procedures which are both reasonable
and protect the interests of the United
States. FHFA issued its own agency
regulations for debt collection, to
account for FHFA’s status as an
independent regulatory agency, and for
ease of use. The final rule is consistent
with the FCCS, as required by the DCIA.
In addition, the tax refund offset
provisions of the regulations satisfy the
requirement of the Internal Revenue
Service (IRS) that FHFA adopt agency
regulations authorizing its collection of
debts by administrative offset in general
and tax refund offset in particular.4 The
administrative wage garnishment
provisions of the regulations satisfy the
requirement in 31 CFR 285.11(f) that
FHFA adopt regulations for the conduct
of administrative wage garnishment
hearings.
B. Effective Date
This final rule, without change,
affirms the establishment of 12 CFR part
1208 and removal of 12 CFR part 1704
by the interim final rule that is already
1 Public Law 89–508, 80 Stat. 308 (1966), as
amended by the Debt Collection Act of 1982, Public
Law 97–365, 96 Stat. 1749 (1982).
2 Public Law 104–134, 110 Stat. 1321 (1996).
3 31 U.S.C. 3716.
4 31 U.S.C. 3720A(b)(4); 26 CFR 301.6402–6(b);31
CFR 285.2(c).
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Fmt 4700
Sfmt 4700
in effect. FHFA determined that the
interim final rule pertains to agency
practice and procedure and is
interpretative in nature. The procedures
contained in the interim final rule for
salary offset, administrative offset, tax
refund offset, and administrative wage
garnishment are mandated by law and
by regulations promulgated by the
Office of Personnel Management, jointly
by the Department of the Treasury and
the Department of Justice, and by the
IRS. FHFA determined that the interim
final rule was not subject to the
Administrative Procedure Act (APA)
and the requirements of the APA for a
notice and comment period and for a
delayed effective date.5 While the
interim final rule became effective on
November 10, 2010, FHFA provided a
60-day comment period that ended on
January 10, 2011. FHFA did not receive
any comments. Based on the rationale
set forth in the interim final rule, FHFA
adopts the provisions of the interim
final rule as a final rule without any
changes.
Regulatory Impact
Paperwork Reduction Act
The final rule does not contain any
information collection requirement that
requires the approval of the Office of
Management and Budget under the
Paperwork Reduction Act.6
Regulatory Flexibility Act
The Regulatory Flexibility Act
requires that a regulation that has a
significant economic impact on a
substantial number of small entities,
small businesses, or small organizations
must include an initial regulatory
flexibility analysis describing the
regulation’s impact on small entities.7
Such an analysis need not be
undertaken if the agency has certified
that the regulation will not have a
significant economic impact on a
substantial number of small entities.8
FHFA has considered the impact of the
final rule under the Regulatory
Flexibility Act. FHFA certifies that the
final rule is not likely to have a
significant economic impact on a
substantial number of small business
entities because the rule applies
55
U.S.C. 553(b), (c) and(d)(3).
U.S.C. 3501 et seq.
7 5 U.S.C. 601 et seq.
8 5 U.S.C. 605(b).
6 44
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29MRR1
17332
Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations
primarily to Federal employees and a
limited number of Federal and business
entities.9
List of Subjects
12 CFR Part 1208
Administrative practice and
procedure, Claims, Debt collection,
Government employees, Wages.
12 CFR Part 1704
Administrative practice and
procedure, Debt collection.
PART 1208—DEBT COLLECTION
PART 1704—[REMOVED]
Authority and Issuance
Accordingly, the interim final rule
establishing 12 CFR part 1208 and
removing 12 CFR part 1704 that was
published in the Federal Register at 75
FR 68956 on November 10, 2010, is
adopted as a final rule without change.
Dated: March 18, 2011.
Edward J. DeMarco,
Acting Director, Federal Housing Finance
Agency.
[FR Doc. 2011–7341 Filed 3–28–11; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE311; Special Conditions No.
23–251–SC]
Special Conditions: Embraer S.A.;
Model EMB 500; Single-Place SideFacing Seat Dynamic Test
Requirements
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the installation of a singleplace side-facing seat/lavatory on
Embraer S.A. EMB 500 aircraft. Sidefacing seats are considered a novel
design, and their installation in a part
23 airplane was not envisaged and is not
adequately addressed in 14 CFR part 23.
The FAA has determined that the
existing regulations do not provide
adequate or appropriate safety standards
for occupants of single-place side-facing
seats. In order to provide a level of
safety that is equivalent to that afforded
to occupants of forward and aft facing
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
9 Id.
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13:46 Mar 28, 2011
Jkt 223001
seating, additional airworthiness
standards, in the form of special
conditions, are necessary.
DATES: The effective date of these
special conditions is March 22, 2011.
Comments must be received on or
before April 28, 2011.
ADDRESSES: Comments on these special
conditions may be mailed in duplicate
to: Federal Aviation Administration
(FAA), Regional Counsel, ACE–7,
Attention: Rules Docket, Docket No.
CE311, 901 Locust, Room 506, Kansas
City, Missouri 64106, or delivered in
duplicate to the Regional Counsel at the
above address. Comments must be
marked: Docket No. CE311. Comments
may be inspected in the Rules Docket
weekdays, except Federal holidays,
between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Mr.
Bob Stegeman, Federal Aviation
Administration, Aircraft Certification
Service, Small Airplane Directorate,
ACE–111, 901 Locust, Kansas City,
Missouri, 816–329–4140, fax 816–329–
4090, e-mail Robert.Stegeman@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
opportunity for prior public comment
hereon are impracticable because these
procedures would significantly delay
issuance of the approval design and
thus delivery of the affected aircraft.
The FAA therefore finds that good cause
exists for making these special
conditions effective upon issuance.
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning these special conditions.
You can inspect the docket before and
after the comment closing date. If you
wish to review the docket in person, go
to the address in the ADDRESSES section
of this preamble between 7:30 a.m. and
4 p.m., Monday through Friday, except
Federal holidays.
We will consider all comments we
receive on or before the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
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Background
On December 26, 2009, Embraer S.A.
submitted request for a change to type
certificate No. A59CE for a design
change application (DCA) for
installation of a side-facing belted toilet
in the EMB–500 airplane. The
implication of the term belted is that the
toilet will be used for a passenger seat
during takeoff and landing and so must
comply with the provisions of 14 CFR
§§ 23.562 and 23.785 (in addition to the
certification basis as established in type
certificate A59CE) and any additional
requirements that the FAA determines
are applicable. In this case, the approval
of a side-facing seat to these provisions
is considered new and novel and, as
such, will require special conditions
and specific methods of compliance to
certificate.
14 CFR part 23 was amended August
8, 1988, by Amendment 23–36, to revise
the emergency landing conditions that
must be considered in the design of the
airplane. Amendment 23–36 revised the
static load conditions in § 23.561, and
added a new § 23.562 that required
dynamic testing for all seats approved
for occupancy during takeoff and
landing. The intent of Amendment 23–
36 is to provide an improved level of
safety for occupants on part 23
airplanes. Because most seating is
forward-facing in part 23 airplanes, the
pass/fail criteria developed in
Amendment 23–36 focused primarily on
these seats. Since the regulations do not
address side-facing seats, these criteria
should be documented in special
conditions.
The FAA decided to review
compliance with these regulations
because the current regulations do not
provide adequate and appropriate
standards for the type certification of
this type of seat.
These requirements are substantially
similar to other single place side-facing
seat installations approved for use on
several different 14 CFR part 25
airplanes.
Type Certification Basis
Under the provisions of § 21.101,
Embraer S.A. must show that the model
EMB 500, as modified, continues to
meet the applicable provisions of the
regulations incorporated by reference in
Type Certificate No. A59CE or the
applicable regulations in effect on the
date of application for the change. The
regulations incorporated by reference in
the type certificate are commonly
referred to as the ‘‘original type
certification basis.’’ The regulations
incorporated by reference in Type
Certificate No. A59CE are as follows:
E:\FR\FM\29MRR1.SGM
29MRR1
Agencies
[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17331-17332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7341]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules
and Regulations
[[Page 17331]]
FEDERAL HOUSING FINANCE AGENCY
12 CFR Part 1208
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
12 CFR Part 1704
RIN 2590-AA15
Debt Collection
AGENCY: Federal Housing Finance Agency; Office of Federal Housing
Enterprise Oversight.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Housing Finance Agency (FHFA) publishes this final
rule to adopt, without change, the interim final rule that was
published in the Federal Register on November 10, 2010, setting forth
procedures for use by FHFA in collecting debts owed to the Federal
Government. The final rule implements the requirements of the Federal
Claims Collection Act and the Debt Collection Improvement Act of 1996,
and includes procedures for collection of debts through salary offset,
administrative offset, tax refund offset, and administrative wage
garnishment.
DATES: The final rule is effective on March 29, 2011.
FOR FURTHER INFORMATION CONTACT: Andra Grossman, Senior Counsel,
telephone (202) 343-1313 or Gail F. Baum, Associate General Counsel,
telephone (202) 343-1508 (not toll-free numbers); Federal Housing
Finance Agency, Fourth Floor, 1700 G Street, NW., Washington, DC 20552.
The telephone number for the Telecommunications Device for the Deaf is
(800) 877-8339.
SUPPLEMENTARY INFORMATION:
A. Debt Collection
On November 10, 2010, FHFA published an interim final rule in the
Federal Register at 75 FR 68956. This final rule adopts, without
change, that interim final rule that set forth procedures for use by
FHFA in collecting debts owed to the Federal Government. The final rule
implements the requirements of the Federal Claims Collection Act \1\
and the Debt Collection Improvement Act of 1996 (DCIA).\2\ The DCIA
requires agencies to either (1) adopt without change regulations on
collecting debts by administrative offset promulgated by the Department
of Justice or Department of the Treasury; or (2) prescribe agency
regulations for collecting such debts by administrative offset, which
are consistent with the Federal Claims Collection Standards (FCCS).\3\
The agency regulations are to protect the minimum due process rights
that must be afforded to a debtor when an agency seeks to collect a
debt, including the ability to verify, challenge, and compromise
claims, and provide access to administrative appeals procedures which
are both reasonable and protect the interests of the United States.
FHFA issued its own agency regulations for debt collection, to account
for FHFA's status as an independent regulatory agency, and for ease of
use. The final rule is consistent with the FCCS, as required by the
DCIA. In addition, the tax refund offset provisions of the regulations
satisfy the requirement of the Internal Revenue Service (IRS) that FHFA
adopt agency regulations authorizing its collection of debts by
administrative offset in general and tax refund offset in
particular.\4\ The administrative wage garnishment provisions of the
regulations satisfy the requirement in 31 CFR 285.11(f) that FHFA adopt
regulations for the conduct of administrative wage garnishment
hearings.
---------------------------------------------------------------------------
\1\ Public Law 89-508, 80 Stat. 308 (1966), as amended by the
Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 1749
(1982).
\2\ Public Law 104-134, 110 Stat. 1321 (1996).
\3\ 31 U.S.C. 3716.
\4\ 31 U.S.C. 3720A(b)(4); 26 CFR 301.6402-6(b);31 CFR 285.2(c).
---------------------------------------------------------------------------
B. Effective Date
This final rule, without change, affirms the establishment of 12
CFR part 1208 and removal of 12 CFR part 1704 by the interim final rule
that is already in effect. FHFA determined that the interim final rule
pertains to agency practice and procedure and is interpretative in
nature. The procedures contained in the interim final rule for salary
offset, administrative offset, tax refund offset, and administrative
wage garnishment are mandated by law and by regulations promulgated by
the Office of Personnel Management, jointly by the Department of the
Treasury and the Department of Justice, and by the IRS. FHFA determined
that the interim final rule was not subject to the Administrative
Procedure Act (APA) and the requirements of the APA for a notice and
comment period and for a delayed effective date.\5\ While the interim
final rule became effective on November 10, 2010, FHFA provided a 60-
day comment period that ended on January 10, 2011. FHFA did not receive
any comments. Based on the rationale set forth in the interim final
rule, FHFA adopts the provisions of the interim final rule as a final
rule without any changes.
---------------------------------------------------------------------------
\5\ 5 U.S.C. 553(b), (c) and(d)(3).
---------------------------------------------------------------------------
Regulatory Impact
Paperwork Reduction Act
The final rule does not contain any information collection
requirement that requires the approval of the Office of Management and
Budget under the Paperwork Reduction Act.\6\
---------------------------------------------------------------------------
\6\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------
Regulatory Flexibility Act
The Regulatory Flexibility Act requires that a regulation that has
a significant economic impact on a substantial number of small
entities, small businesses, or small organizations must include an
initial regulatory flexibility analysis describing the regulation's
impact on small entities.\7\ Such an analysis need not be undertaken if
the agency has certified that the regulation will not have a
significant economic impact on a substantial number of small
entities.\8\ FHFA has considered the impact of the final rule under the
Regulatory Flexibility Act. FHFA certifies that the final rule is not
likely to have a significant economic impact on a substantial number of
small business entities because the rule applies
[[Page 17332]]
primarily to Federal employees and a limited number of Federal and
business entities.\9\
---------------------------------------------------------------------------
\7\ 5 U.S.C. 601 et seq.
\8\ 5 U.S.C. 605(b).
\9\ Id.
---------------------------------------------------------------------------
List of Subjects
12 CFR Part 1208
Administrative practice and procedure, Claims, Debt collection,
Government employees, Wages.
12 CFR Part 1704
Administrative practice and procedure, Debt collection.
PART 1208--DEBT COLLECTION
PART 1704--[REMOVED]
Authority and Issuance
Accordingly, the interim final rule establishing 12 CFR part 1208
and removing 12 CFR part 1704 that was published in the Federal
Register at 75 FR 68956 on November 10, 2010, is adopted as a final
rule without change.
Dated: March 18, 2011.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2011-7341 Filed 3-28-11; 8:45 am]
BILLING CODE 8070-01-P