Collection by Offset From Indebted Government Employees, 24406-24407 [2011-10626]
Download as PDF
24406
Proposed Rules
Federal Register
Vol. 76, No. 84
Monday, May 2, 2011
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 550
RIN 3206–AM14
Collection by Offset From Indebted
Government Employees
U.S. Office of Personnel
Management.
ACTION: Proposed rule with request for
comments.
AGENCY:
The U.S. Office of Personnel
Management (OPM) is issuing proposed
regulations to eliminate the 10-year
statute of limitations on collection of
debt by administrative offset, which
includes centralized salary offset. The
proposed regulations conform with an
amendment made by the Food,
Conservation, and Energy Act of 2008.
This change would authorize the offset
of nontax payments (via salary offset) to
collect delinquent Federal debt without
regard to the amount of time the debt
has been delinquent. OPM is also
proposing several technical changes to
be consistent with the Department of the
Treasury Federal Claims Collection
Standards and salary offset regulations.
DATES: Comments must be received on
or before: July 1, 2011.
ADDRESSES: You may submit comments,
identified by RIN ‘‘3206–AM14,’’ using
any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: pay-leave-policy@opm.gov.
Fax: (202) 606–0824.
Mail: Jerome D. Mikowicz, Deputy
Associate Director for Pay and Leave,
Room 7H31, 1900 E Street, NW.,
Washington, DC, 20415–8200.
FOR FURTHER INFORMATION CONTACT:
Tameka Gillis by telephone at (202)
606–2858; by fax at (202) 606–0824; or
by e-mail at pay-leave-policy@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Office of Personnel Management (OPM)
is issuing proposed regulations to
eliminate the 10-year statute of
emcdonald on DSK2BSOYB1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
17:43 Apr 29, 2011
Jkt 223001
limitations on collection of debt by
administrative offset, which includes
centralized salary offset. The proposed
regulations conform with an
amendment to 31 U.S.C. 3716(e) made
by section 14219 of the Food,
Conservation, and Energy Act of 2008
(Pub. L. 110–246 (122 Stat. 1651) that
became effective on June 18, 2008. This
change authorizes the offset of nontax
payments (via salary offset) to collect
delinquent Federal debt without regard
to the amount of time the debt has been
delinquent.
The Department of the Treasury has
updated its regulations to reflect this
change (see 74 FR 68537, December 28,
2009). To avoid any undue hardship,
the Secretary of the Treasury has added
a requirement applicable to debts that
were previously ineligible for collection
by offset because they have been
outstanding for more than 10 years. For
these debts, creditor agencies must
certify to the Secretary of the Treasury
that the notice of intent to offset was
sent to the debtor after the debt became
10 years delinquent. This is intended to
alert the debtor that his or her debt may
now be collected by offset and allows
the debtor additional opportunities to
dispute the debt, enter into a repayment
agreement, or otherwise avoid offset.
To be consistent with the Department
of the Treasury regulations, OPM is
proposing to revise the regulations at 5
CFR 550.1106 to provide that agencies
may initiate salary offset to collect a
debt without time limitations on debt
outstanding after the Government’s right
to collect the debt first accrued.
OPM is also proposing to revise
regulations at 5 CFR 550.1102(b)(1) to
clarify that, because the salary offset
procedures contained in 5 CFR part 550,
subpart K, must be consistent with the
Federal Claims Collection Standards
(FCCS), they do not apply to any debts
which may be excluded by the FCCS or
31 CFR part 285. OPM is proposing to
add a new paragraph (b)(3) in 5 CFR
550.1102 to recognize that certain
statutes may exist that allow specific
agencies to take certain compromise,
suspension, or termination of collection
actions as provided under such statutes
and the FCCS. Further, OPM is
proposing to revise the definition of
FCCS to include a reference to 31 CFR
parts 900 through 904 and delete the
obsolete reference to 4 CFR parts 101
through 105.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
Also, OPM is proposing to revise
regulations at 5 CFR 550.1104 to clarify
that the amount deducted for any
involuntary installment deductions may
exceed 15 percent of the disposable pay
only when a greater deduction has been
ordered by a court of the United States
in an action or suit brought against the
debtor. This is to conform with section
124 of Public Law 97–276, October 2,
1982 (96 Stat. 1195) which allows an
agency to deduct an amount greater than
15 percent of disposable pay, as
determined by a court of the United
States.
Regulatory Flexibility Act
I certify that these regulations will not
have a significant economic impact on
a substantial number of small entities
because they will apply only to Federal
agencies and employees.
Executive Order 13563 and Executive
Order 12866
The Office of Management and Budget
has reviewed this rule in accordance
with E.O. 13563 and 12866.
List of Subjects in 5 CFR Part 550
Administrative practice and
procedure, Claims, Government
employees, Wages.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to
amend 5 CFR part 550 as follows:
PART 550—PAY ADMINISTRATION
(GENERAL)
Subpart K—Collection by Offset From
Indebted Government Employees
1. The authority citation for subpart K
of part 550 continues to read as follows:
Authority: 5 U.S.C. 5514; sect 8(1) of E.O.
11609; redesignated in sec. 2–1 of E.O.
12107.
2. In § 550.1102, paragraph (b)(1) is
revised and paragraph (b)(3) is added to
read as follows:
§ 550.1102
Scope.
*
*
*
*
*
(b) * * *
(1) Excluded debts. The procedures
contained in this subpart do not apply
to—
(i) Debts arising under the Internal
Revenue Code (26 U.S.C. 1 et seq.);
E:\FR\FM\02MYP1.SGM
02MYP1
Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Proposed Rules
(ii) Debts arising under the tariff laws
of the United States;
(iii) Any case where collection of a
debt by salary offset is explicitly
provided for or prohibited by another
statute (e.g., travel advances in 5 U.S.C.
5705 and employee training expenses in
5 U.S.C. 4108); or
(iv) Any other debt excluded by the
FCCS or 31 CFR part 285.
*
*
*
*
*
(3) Compromise, suspension, or
termination of collection actions. This
subpart does not preclude the
compromise, suspension, or termination
of collection actions, where appropriate,
as provided in the FCCS (31 CFR 900.4)
or the use of alternative dispute
resolution methods if they are not
inconsistent with agency-specific laws
and regulations.
3. In § 550.1103, the definition of
‘‘FCCS’’ is revised to read as follows:
other applicable limitation as provided
in paragraph (i) of this section) for an
officially established pay interval,
collection must be made in installments.
Such installment deductions must be
made over a period not greater than the
anticipated period of active duty or
employment, as the case may be, except
as provided in paragraphs (l) and (m) of
this section.
*
*
*
*
*
5. Section 550.1106 is revised to read
as follows:
§ 550.1103
[FR Doc. 2011–10626 Filed 4–29–11; 8:45 am]
Definitions.
*
*
*
*
*
FCCS means the Federal Claims
Collections Standards published in 31
CFR parts 900 through 904.
*
*
*
*
*
4. In § 550.1104, paragraphs (d)(3), (i),
and (j) are revised to read as follows:
§ 550.1104
Agency regulations.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
*
*
*
*
*
(d) * * *
(3) The frequency and amount of the
intended deduction (stated as a fixed
dollar amount or as a percentage of pay,
not to exceed 15 percent of disposable
pay except as provided in paragraph (i)
of this section) and the intention to
continue the deductions until the debt
is paid in full or otherwise resolved;
*
*
*
*
*
(i) Limitation on amount of
deductions. Prescribe the limitations on
the amount of the deduction.
Ordinarily, the size of installment
deductions must bear a reasonable
relationship to the size of the debt and
the employee’s ability to pay (see the
FCCS). However, the amount deducted
for any period may not exceed 15
percent of the disposable pay from
which the deduction is made, unless the
employee has agreed in writing to the
deduction of a greater amount or a
higher deduction has been ordered by a
court under section 124 of Public Law
97–276 (96 Stat.1195).
(j) Duration of deductions. Prescribe
the duration of deductions. Ordinarily,
debts must be collected in one lump
sum where possible. However, if the
employee is financially unable to pay in
one lump sum or the amount of the debt
exceeds 15 percent of disposable pay (or
VerDate Mar<15>2010
17:43 Apr 29, 2011
Jkt 223001
§ 550.1106
debts.
Time limit on collection of
Agencies may initiate salary offset to
collect a debt without time limitations
on any debt outstanding after the
Government’s right to collect the debt
first accrued. (See § 550.1108 for
requirement when debts are delinquent
over 180 days.)
*
*
*
*
*
BILLING CODE 6325–39–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0392; Directorate
Identifier 2011–NE–12–AD]
RIN 2120–AA64
Airworthiness Directives; General
Electric Company CT7–8, CT7–8A,
CT7–8A1, CT7–8E, and CT7–8F5
Turboshaft Engines
24407
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact GE-Aviation,
M/D Rm. 285, One Neumann Way,
Cincinnati, OH 45215; telephone: 513–
552–3272; e-mail: geaeaoc@ge.com. You
may review copies of the referenced
service information at the FAA, Engine
& Propeller Directorate, 12 New England
Executive Park, Burlington, MA. For
information on the availability of this
material at the FAA, call 781–238–7125.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Walter Meibaum, Aerospace Engineer,
Engine & Propeller Directorate, FAA,
12 New England Executive Park,
Burlington, MA 01803; phone: 781–
238–7119; fax: 781–238–7199; e-mail:
walter.meibaum@faa.gov.
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
Comments Invited
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD would require the installation of an
accessory gearbox (AGB) axis-A oil
slinger nut to the axis-A shaft assembly.
This proposed AD was prompted by
four reports of unrecoverable engine
stalls, during hover in a left-roll
attitude. We are proposing this AD to
prevent an unrecoverable engine stall,
leading to a helicopter forced landing or
accident.
DATES: We must receive comments on
this proposed AD by June 16, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2011–0392; Directorate Identifier 2011–
NE–12–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
AGENCY:
SUMMARY:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02MYP1.SGM
02MYP1
Agencies
[Federal Register Volume 76, Number 84 (Monday, May 2, 2011)]
[Proposed Rules]
[Pages 24406-24407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10626]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Proposed
Rules
[[Page 24406]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 550
RIN 3206-AM14
Collection by Offset From Indebted Government Employees
AGENCY: U.S. Office of Personnel Management.
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing
proposed regulations to eliminate the 10-year statute of limitations on
collection of debt by administrative offset, which includes centralized
salary offset. The proposed regulations conform with an amendment made
by the Food, Conservation, and Energy Act of 2008. This change would
authorize the offset of nontax payments (via salary offset) to collect
delinquent Federal debt without regard to the amount of time the debt
has been delinquent. OPM is also proposing several technical changes to
be consistent with the Department of the Treasury Federal Claims
Collection Standards and salary offset regulations.
DATES: Comments must be received on or before: July 1, 2011.
ADDRESSES: You may submit comments, identified by RIN ``3206-AM14,''
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: pay-leave-policy@opm.gov.
Fax: (202) 606-0824.
Mail: Jerome D. Mikowicz, Deputy Associate Director for Pay and
Leave, Room 7H31, 1900 E Street, NW., Washington, DC, 20415-8200.
FOR FURTHER INFORMATION CONTACT: Tameka Gillis by telephone at (202)
606-2858; by fax at (202) 606-0824; or by e-mail at pay-leave-policy@opm.gov.
SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management
(OPM) is issuing proposed regulations to eliminate the 10-year statute
of limitations on collection of debt by administrative offset, which
includes centralized salary offset. The proposed regulations conform
with an amendment to 31 U.S.C. 3716(e) made by section 14219 of the
Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246 (122 Stat.
1651) that became effective on June 18, 2008. This change authorizes
the offset of nontax payments (via salary offset) to collect delinquent
Federal debt without regard to the amount of time the debt has been
delinquent.
The Department of the Treasury has updated its regulations to
reflect this change (see 74 FR 68537, December 28, 2009). To avoid any
undue hardship, the Secretary of the Treasury has added a requirement
applicable to debts that were previously ineligible for collection by
offset because they have been outstanding for more than 10 years. For
these debts, creditor agencies must certify to the Secretary of the
Treasury that the notice of intent to offset was sent to the debtor
after the debt became 10 years delinquent. This is intended to alert
the debtor that his or her debt may now be collected by offset and
allows the debtor additional opportunities to dispute the debt, enter
into a repayment agreement, or otherwise avoid offset.
To be consistent with the Department of the Treasury regulations,
OPM is proposing to revise the regulations at 5 CFR 550.1106 to provide
that agencies may initiate salary offset to collect a debt without time
limitations on debt outstanding after the Government's right to collect
the debt first accrued.
OPM is also proposing to revise regulations at 5 CFR 550.1102(b)(1)
to clarify that, because the salary offset procedures contained in 5
CFR part 550, subpart K, must be consistent with the Federal Claims
Collection Standards (FCCS), they do not apply to any debts which may
be excluded by the FCCS or 31 CFR part 285. OPM is proposing to add a
new paragraph (b)(3) in 5 CFR 550.1102 to recognize that certain
statutes may exist that allow specific agencies to take certain
compromise, suspension, or termination of collection actions as
provided under such statutes and the FCCS. Further, OPM is proposing to
revise the definition of FCCS to include a reference to 31 CFR parts
900 through 904 and delete the obsolete reference to 4 CFR parts 101
through 105.
Also, OPM is proposing to revise regulations at 5 CFR 550.1104 to
clarify that the amount deducted for any involuntary installment
deductions may exceed 15 percent of the disposable pay only when a
greater deduction has been ordered by a court of the United States in
an action or suit brought against the debtor. This is to conform with
section 124 of Public Law 97-276, October 2, 1982 (96 Stat. 1195) which
allows an agency to deduct an amount greater than 15 percent of
disposable pay, as determined by a court of the United States.
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will apply only to Federal agencies and employees.
Executive Order 13563 and Executive Order 12866
The Office of Management and Budget has reviewed this rule in
accordance with E.O. 13563 and 12866.
List of Subjects in 5 CFR Part 550
Administrative practice and procedure, Claims, Government
employees, Wages.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is proposing to amend 5 CFR part 550 as follows:
PART 550--PAY ADMINISTRATION (GENERAL)
Subpart K--Collection by Offset From Indebted Government Employees
1. The authority citation for subpart K of part 550 continues to
read as follows:
Authority: 5 U.S.C. 5514; sect 8(1) of E.O. 11609; redesignated
in sec. 2-1 of E.O. 12107.
2. In Sec. 550.1102, paragraph (b)(1) is revised and paragraph
(b)(3) is added to read as follows:
Sec. 550.1102 Scope.
* * * * *
(b) * * *
(1) Excluded debts. The procedures contained in this subpart do not
apply to--
(i) Debts arising under the Internal Revenue Code (26 U.S.C. 1 et
seq.);
[[Page 24407]]
(ii) Debts arising under the tariff laws of the United States;
(iii) Any case where collection of a debt by salary offset is
explicitly provided for or prohibited by another statute (e.g., travel
advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C.
4108); or
(iv) Any other debt excluded by the FCCS or 31 CFR part 285.
* * * * *
(3) Compromise, suspension, or termination of collection actions.
This subpart does not preclude the compromise, suspension, or
termination of collection actions, where appropriate, as provided in
the FCCS (31 CFR 900.4) or the use of alternative dispute resolution
methods if they are not inconsistent with agency-specific laws and
regulations.
3. In Sec. 550.1103, the definition of ``FCCS'' is revised to read
as follows:
Sec. 550.1103 Definitions.
* * * * *
FCCS means the Federal Claims Collections Standards published in 31
CFR parts 900 through 904.
* * * * *
4. In Sec. 550.1104, paragraphs (d)(3), (i), and (j) are revised
to read as follows:
Sec. 550.1104 Agency regulations.
* * * * *
(d) * * *
(3) The frequency and amount of the intended deduction (stated as a
fixed dollar amount or as a percentage of pay, not to exceed 15 percent
of disposable pay except as provided in paragraph (i) of this section)
and the intention to continue the deductions until the debt is paid in
full or otherwise resolved;
* * * * *
(i) Limitation on amount of deductions. Prescribe the limitations
on the amount of the deduction. Ordinarily, the size of installment
deductions must bear a reasonable relationship to the size of the debt
and the employee's ability to pay (see the FCCS). However, the amount
deducted for any period may not exceed 15 percent of the disposable pay
from which the deduction is made, unless the employee has agreed in
writing to the deduction of a greater amount or a higher deduction has
been ordered by a court under section 124 of Public Law 97-276 (96
Stat.1195).
(j) Duration of deductions. Prescribe the duration of deductions.
Ordinarily, debts must be collected in one lump sum where possible.
However, if the employee is financially unable to pay in one lump sum
or the amount of the debt exceeds 15 percent of disposable pay (or
other applicable limitation as provided in paragraph (i) of this
section) for an officially established pay interval, collection must be
made in installments. Such installment deductions must be made over a
period not greater than the anticipated period of active duty or
employment, as the case may be, except as provided in paragraphs (l)
and (m) of this section.
* * * * *
5. Section 550.1106 is revised to read as follows:
Sec. 550.1106 Time limit on collection of debts.
Agencies may initiate salary offset to collect a debt without time
limitations on any debt outstanding after the Government's right to
collect the debt first accrued. (See Sec. 550.1108 for requirement
when debts are delinquent over 180 days.)
* * * * *
[FR Doc. 2011-10626 Filed 4-29-11; 8:45 am]
BILLING CODE 6325-39-P