Rules of Practice in Proceedings Under Section 5 of the Debt Collection Act, 9120-9123 [2014-03368]
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9120
Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Proposed Rules
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and does
not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
emcdonald on DSK67QTVN1PROD with PROPOSALS
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves safety for the public and
is not expected to result in any
significant adverse environmental
impact as described in NEPA. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
preliminary environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. § 165.T08–1075 is added to read as
follows:
■
§ 165.T08–1075 Safety Zone; Sea Plane
Landing; Bayou Grande; Pensacola, FL.
(a) Location. The following area is a
safety zone: a portion of Bayou Grande,
Pensacola, FL.
(b) Effective dates and enforcement
period. This section is effective from
April 21, 2014 through May 4, 2014.
This section will be enforced for a short
period during one day occurring
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between April 21, 2014 and May 4, 2014
upon notice by the Captain of the Port
Mobile or a designated representative.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this zone is prohibited unless
authorized by the Captain of the Port
Mobile or a designated representative.
(2) Persons or vessels desiring to enter
into or passage through the zone must
request permission from the Captain of
the Port Mobile or a designated
representative. They may be contacted
on VHF–FM channels 16 or by
telephone at 251–441–5976.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the Captain of the
Port or designated representative.
(d) Informational Broadcasts. The
Captain of the Port or a designated
representative will inform the public
through broadcast notices to mariners of
the enforcement period for the safety
zone as well as any changes in the
planned schedule.
Dated: January 17, 2014.
S. Walker,
Captain, U.S. Coast Guard, Captain of the
Port Mobile.
[FR Doc. 2014–03467 Filed 2–14–14; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 961
Rules of Practice in Proceedings
Under Section 5 of the Debt Collection
Act
Postal Service.
Proposed rule.
AGENCY:
ACTION:
To clarify existing practice,
this proposed rule contains a complete
revision to the rules of practice before
the Judicial Officer in proceedings
under section 5 of the Debt Collection
Act.
DATES: Comments must be received on
or before March 20, 2014.
ADDRESSES: Mail or deliver written
comments to the Office of the Judicial
Officer, United States Postal Service,
2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201–3078. Copies of all
written comments will be available for
inspection and photocopying between 9
a.m. and 4 p.m., Monday through
Friday, at the above address.
FOR FURTHER INFORMATION CONTACT:
Associate Judicial Officer Gary E.
Shapiro, (703) 812–1910.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Proposed Rules
A. Executive Summary
Part 961 of title 39, Code of Federal
Regulations, contains the rules of
practice in proceedings under section 5
of the Debt Collection Act of 1982, as
amended, 5 U.S.C. 5514, in which the
Judicial Officer or an assigned Hearing
Official provides the final agency
adjudication for debt collection
assessments by administrative salary
offset issued by the Postal Service
seeking to collect a debt owed it by an
employee. This authority is delegated by
the Postmaster General. Although these
rules provide a complete replacement
for the former rules, the changes are not
considered to affect the rights of the
parties in a substantive way. Rather, the
rules are revised to conform to current
practices and to clarify the procedures.
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B. Discussion of Changes
The provisions of 39 CFR part 961
have been amended as follows:
• § 961.1—This section remains
unchanged.
• § 961.2—This section has been
modified in minor respects to clarify the
language.
• § 961.3—This section has been
modified in minor respects to clarify the
language.
• § 961.4—This section has been
amended to explain that the petition
filing deadline is subject to waiver in
the discretion of the Hearing Official
upon a demonstration of good cause,
conforming the rule to the judicial
practice. Another change reflects
current practice allowing the Hearing
Official to resolve the petition where the
Postal Service has offset money from an
employee’s salary without having issued
the required Notice. A requirement that
the employee’s petition state whether a
hearing is requested, and provide
related information has been deleted.
Such a determination is made by the
Hearing Official at a later time in the
proceeding. Language explaining what
information should be included in the
petition has been modified for accuracy.
Language regarding supplementation of
the petition has been replaced with a
statement that the employee shall
supply additional information as
directed by the Hearing Official, to
reflect current practice. The section also
includes minor changes in wording for
purposes of clarification.
• § 961.5—This section has been
modified in minor respects to clarify the
language.
• § 961.6—This section has been
modified to require a party filing any
document with the Hearing Official to
transmit a copy to the other party.
Another change establishes standards
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and timing for time extension requests,
and for representatives of parties to file
notices of appearance. A further
amendment reflects current practice
permitting non-attorney representation
of employees, to be consistent with the
practice of representation for the Postal
Service. The section also includes minor
wording changes for purposes of
clarification.
• § 961.7—This section has been
changed to require specific information
in the answer and to delete formerly
required information in the answer to
conform to current practice.
• § 961.8—This section has been
modified to reflect more accurately the
Hearing Official’s authority and
responsibilities and to conform them to
current practice. Included changes
clarify that the Hearing Official
determines whether a hearing is
conducted and that the Hearing Official
may examine witnesses during a
hearing. Other minor changes have been
made to clarify the language.
• § 961.9—This is a new section
which establishes that the Hearing
Official determines whether a hearing is
to be conducted and the type of hearing
that is to be conducted.
• § 961.10—This section (formerly
§ 961.9) has been modified in minor
respects to clarify the language.
• § 961.11—This section (formerly
§ 961.10) has been changed to conform
to existing practice. This includes
clarifying that a party that does not
comply with the rules in a material way
risks a default judgment being entered
against it after an order to show cause
has been issued. Other changes provide
specific authority for the Hearing
Official to dismiss a petition where it
has been withdrawn, and to grant a
petition where the Postal Service files a
withdrawal of the debt determination.
• § 961.12—This section (formerly
§ 961.11) has been modified to be
consistent with the definition of an ex
parte communication included in the
Administrative Procedures Act.
C. Effective Date and Applicability
These revised rules will govern
proceedings under part 961 docketed on
or after 30 days from their publication
in final form.
List of Subjects in 39 CFR Part 961
Claims, Government employees,
Wages.
For the reasons stated in the
preamble, the Postal Service hereby
proposes to revise 39 CFR part 961 as
set forth below:
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9121
PART 961—RULES OF PRACTICE IN
PROCEEDINGS UNDER SECTION 5 OF
THE DEBT COLLECTION ACT
Sec.
961.1 Authority for rules.
961.2 Scope of rules.
961.3 Definitions.
961.4 Employee petition for a hearing.
961.5 Effect of filing a petition.
961.6 Filing, docketing, and serving
documents; computation of time;
representation of parties.
961.7 Answer to petition.
961.8 Hearing Official authority and
responsibilities.
961.9 Opportunity for oral hearing.
961.10 Effect of Hearing Official’s decision;
motion for reconsideration.
961.11 Consequences for failure to comply
with rules.
961.12 Ex parte communications.
Authority: 39 U.S.C. 204, 401; 5 U.S.C.
5514.
§ 961.1
Authority for rules.
These rules are issued by the Judicial
Officer pursuant to authority delegated
by the Postmaster General.
§ 961.2
Scope of rules.
The rules in this part apply to the
hearing provided by section 5 of the
Debt Collection Act of 1982, as
amended, 5 U.S.C. 5514, challenging the
Postal Service’s determination of the
existence or amount of an employee
debt to the Postal Service, or of the
terms of the employee’s debt repayment
schedule. In addition, these rules apply
to a hearing under section 5 of the Debt
Collection Act when an Administrative
Law Judge or an Administrative Judge in
the Judicial Officer Department is
designated as the Hearing Official for a
creditor Federal agency other than the
Postal Service pursuant to an agreement
between the Postal Service and that
agency. In such cases, all references to
Postal Service within these rules shall
be construed to refer to the creditor
Federal agency involved.
§ 961.3
Definitions.
As used in this part:
(a) Employee refers to a current
employee of the Postal Service who is
alleged to be indebted to the Postal
Service; or to an employee of another
Federal agency who is alleged to be
indebted to that other creditor Federal
agency and whose hearing under section
5 of the Debt Collection Act is being
conducted under these rules.
(b) General Counsel refers to the
General Counsel of the Postal Service,
and includes a designated
representative.
(c) Hearing Official refers to an
Administrative Law Judge qualified to
hear cases under the Administrative
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Procedure Act, an Administrative Judge
appointed under the Contract Disputes
Act of 1978, or other qualified person
not under the control or supervision of
the Postmaster General, who is
designated by the Judicial Officer to
conduct the hearing under section 5 of
the Debt Collection Act of 1982, as
amended, 5 U.S.C. 5514.
(d) Judicial Officer refers to the
Judicial Officer, Associate Judicial
Officer, or Acting Judicial Officer of the
United States Postal Service.
(e) Notice of Involuntary
Administrative Salary Offsets Under the
Debt Collection Act refers to the formal
written notice required by section 5 of
the Debt Collection Act, including the
provision of notice of the procedures
under this Part, before involuntary
collection deductions can be taken from
an employee’s salary.
(f) Postmaster/Installation Head refers
to the Postal Service official who is
authorized under the Postal Service
Employee and Labor Relations Manual
to make the initial determination of
employee indebtedness and to issue the
‘‘Notice of Involuntary Administrative
Salary Offsets Under the Debt Collection
Act.’’
(g) Recorder refers to the Recorder,
Judicial Officer Department, U.S. Postal
Service, located at 2101 Wilson
Boulevard, Suite 600, Arlington, VA
22201–3078. The Recorder’s telephone
number is (703) 812–1900, and the fax
number is (703) 812–1901.
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 961.4
Employee petition for a hearing.
(a) If an employee desires a hearing,
prescribed by section 5 of the Debt
Collection Act, to challenge the Postal
Service’s determination of the existence
or amount of a debt, or to challenge the
involuntary repayment terms proposed
by the Postal Service, the employee
must file a written, signed petition with
the Recorder, on or before the fifteenth
(15th) calendar day following the
employee’s receipt of the Postal
Service’s ‘‘Notice of Involuntary
Administrative Salary Offsets Under the
Debt Collection Act.’’ The Hearing
Official, in his or her discretion may
waive this deadline upon a
demonstration of good cause. In the
event that the Postal Service initiated
involuntary administrative salary offsets
without having issued a Notice as
required by the Debt Collection Act, the
Hearing Official, in his or her discretion,
may retain authority to resolve the debt
assessment as if a Notice had been
issued, and may order the Postal Service
to return any improperly offset money.
(b) The hearing petition shall include
the following:
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(1) The words, ‘‘Petition for Hearing
under the Debt Collection Act,’’
prominently captioned at the top of the
first page;
(2) The name of the employee, the
employee’s work address, home
address, work telephone number, home
telephone number, and email address, if
any, or other address and telephone
number at which the employee may be
contacted during business hours;
(3) A statement of the date on which
the employee received the ‘‘Notice of
Involuntary Administrative Salary
Offsets Under the Debt Collection Act,’’
and a copy of the Notice;
(4) A statement indicating whether
the employee challenges: (i) The
existence of the debt identified in the
Notice of Involuntary Administrative
Salary Offsets; (ii) the amount of the
debt identified in the Notice; and/or (iii)
the involuntary repayment terms
identified by the Postal Service in the
Notice. For each challenge, the
employee’s petition shall indicate the
basis of the employee’s disagreement.
The employee should identify and
explain the facts, evidence, and legal
arguments which support his or her
position;
(5) Copies of all records in the
employee’s possession which relate to
the debt; and
(6) If an employee contends that the
Postal Service’s proposed offset
schedule would result in a severe
financial hardship on the employee, his
or her spouse, and dependents, the
employee shall identify an alternative
offset schedule. As directed by the
Hearing Official, the employee shall
provide a statement and supporting
documents indicating the employee’s
financial status. This statement should
address total income from all sources;
assets; liabilities; number of
dependents; and expenses for food,
housing, clothing, transportation,
medical care, and exceptional expenses,
if any.
(c) The employee shall file with the
Recorder, any additional information
directed by the Hearing Official.
§ 961.5
Effect of filing a petition.
Upon receipt and docketing of the
employee’s petition for a hearing,
further collection activity by the Postal
Service must cease, as required by
section 5 of the Debt Collection Act
until the petition is resolved by the
Hearing Official.
§ 961.6 Filing, docketing and serving
documents; computation of time;
representation of parties.
(a) Filing. All documents relating to
the Debt Collection Act hearing
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proceedings must be filed by the
employee or the General Counsel’s
designee with the Recorder. (Normal
Recorder office business hours are
between 8:45 a.m. and 4:45 p.m.,
Eastern Time.) Unless otherwise
directed by the Hearing Official, the
party filing a document shall send a
copy thereof to the opposing party.
(b) Docketing. The Recorder will
maintain a record of Debt Collection Act
proceedings and will assign a docket
number to each such case. After
notification of the docket number, the
employee and the Postal Service’s
representative should refer to it on any
further filings regarding the petition.
(c) Time computation. A filing period
under the rules in this Part excludes the
day the period begins, and includes the
last day of the period unless the last day
is a Saturday, Sunday, or legal holiday,
in which event the period runs until the
close of business on the next business
day. Requests for extensions of time
shall be made in writing prior to the
date on which the submission is due,
state the reason for the extension
request, represent that the moving party
has contacted the opposing party about
the request, or made reasonable efforts
to do so, and indicate whether the
opposing party consents to the
extension. Requests for extensions of
time submitted after the date on which
the submission was due shall explain
why the moving party was unable to
request an extension prior to the
deadline.
(d) Representation of parties. The
representative of the Postal Service, as
designated by the General Counsel, shall
file a notice of appearance as soon as
practicable, but no later than the date
for filing the answer. If an employee has
a representative, he or she also shall file
a notice of appearance as soon as
practicable, and further transmissions of
documents and other communications
by and with the employee shall be made
through his or her representative.
§ 961.7
Answer to petition.
Within 15 days from the date of
receiving the petition, the Postal
Service’s representative shall file an
answer to the petition, and attach all
available relevant records and
documents in support of the Postal
Service’s debt claim, and/or the
administrative salary offset schedule
proposed by the Postal Service for
collecting any such claim. The answer
shall provide a clear and thorough
description of the basis for the Postal
Service’s determination of the alleged
debt, its calculation of the amount of the
alleged debt, and/or its proposed offset
schedule.
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Federal Register / Vol. 79, No. 32 / Tuesday, February 18, 2014 / Proposed Rules
§ 961.8 Hearing Official authority and
responsibilities.
The Hearing Official’s authority
includes, but is not limited to, the
following:
(a) Ruling on all motions or requests
by the parties.
(b) Issuing notices, orders or
memoranda to the parties concerning
the hearing proceedings.
(c) Conducting telephone conferences
with the parties to expedite the
proceedings. The Hearing Official will
prepare a Memorandum of Telephone
Conference, which shall be transmitted
to both parties and which serves as the
official record of that conference.
(d) Determining whether an oral
hearing shall be conducted, the type of
oral hearing to be held, and setting the
place, date, and time for such hearing.
(e) Administering oaths or
affirmations to witnesses.
(f) Conducting the hearing in a
manner to maintain discipline and
decorum while assuring that relevant,
reliable and probative evidence is
elicited on the issues in dispute, but
irrelevant, immaterial or repetitious
evidence is excluded. The Hearing
Official in his or her discretion may
examine witnesses to ensure that a
satisfactory record is developed.
(g) Establishing the record in the case.
The weight to be attached to any
evidence of record will rest within the
discretion of the Hearing Official.
Except as the Hearing Official may
otherwise order, no proof shall be
received in evidence after completion of
an oral hearing or, in cases submitted on
the written record, after notification by
the Hearing Official that the record is
closed. The Hearing Official may require
either party, with appropriate notice to
the other party, to submit additional
evidence on any relevant matter;
(h) Granting reasonable time
extensions or other relief for good cause
shown in the Hearing Official’s sole
discretion.
(i) Issuing the final decision. The
decision must include the
determination of the amount and
validity of the alleged debt and, where
applicable, the repayment schedule.
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§ 961.9
Opportunity for oral hearing.
An oral hearing shall be conducted in
the sole discretion of the Hearing
Official. An oral hearing may be
conducted in-person, by telephone, by
video conference, or other appropriate
means as directed by the Hearing
Official. When the Hearing Official
determines that an oral hearing shall not
be conducted, the decision shall be
based solely on the written submissions.
The Hearing Official shall arrange for
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the recording and transcription of an
oral hearing, which shall serve as the
official record of the hearing. In the
event of an unexcused absence, the
hearing may proceed without the
participation of the absent party.
§ 961.10 Effect of Hearing Official’s
decision; motion for reconsideration.
(a) After the receipt of written
submissions or after the conclusion of
the hearing and the receipt of posthearing briefs, if any, the Hearing
Official shall issue a written decision,
which shall include the findings of fact
and conclusions of law, relied upon.
(b) The Hearing Official shall send
each party a copy of the decision. The
Hearing Official’s decision shall be the
final administrative determination on
the employee’s debt or repayment
schedule. No reconsideration of the
decision will be allowed unless a
motion for reconsideration is filed
within 10 days from receipt of the
decision and shows good cause for
reconsideration. Reconsideration will be
allowed only in the discretion of the
Hearing Official. A motion for
reconsideration by the employee will
not operate to stay a collection action
authorized by the Hearing Official’s
decision.
§ 961.11 Consequences for failure to
comply with rules.
(a) The Hearing Official may
determine that the employee has
abandoned the right to a hearing, and
that administrative offset may be
initiated if the employee files his or her
petition late without good cause; or files
a withdrawal of the employee’s petition
for a hearing.
(b) The Hearing Official may
determine that the administrative offset
may not be initiated if the Postal Service
fails to file the answer or files the
answer late without good cause; or files
a withdrawal of the debt determination
at issue.
(c) If a party fails to comply with
these Rules or the Hearing Official’s
orders, the Hearing Official may take
such action as he or she deems
reasonable and proper under the
circumstances, including dismissing or
granting the petition as appropriate.
§ 961.12
Ex parte communications.
Ex parte communications are not
allowed between a party and the
Hearing Official or the Official’s staff. Ex
parte communication means an oral or
written communication, not on the
public record, with one party only with
respect to which reasonable prior notice
to all parties is not given, but it shall not
include requests for status reports or
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9123
procedural matters. A memorandum of
any communication between the
Hearing Official and a party will be
transmitted to both parties.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2014–03368 Filed 2–14–14; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0808; FRL–9906–62–
Region-6]
Approval and Promulgation of Air
Quality Implementation Plans;
Withdrawal of Federal Implementation
Plan; Texas; Prevention of Significant
Deterioration; Greenhouse Gas
Tailoring Rule Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of two revisions to the Texas
State Implementation Plan (SIP)
submitted by the Texas Commission on
Environmental Quality (TCEQ) to EPA
on October 5, 2010, and December 2,
2013. Together, these two SIP submittals
revise the Texas Prevention of
Significant Deterioration (PSD) Program
to provide for the regulation of
greenhouse gas (GHG) emissions and
clarify the applicability of Best
Available Control Technology (BACT)
for all PSD permit applications. The
December 2, 2013, submittal is a request
for parallel processing of revisions
proposed by the TCEQ on October 23,
2013. The December 2, 2013, submittal
includes proposed revisions to the
Texas SIP to provide the State of Texas
with the express authority to regulate
GHG emissions, issue PSD permits
governing GHG emissions, establish
appropriate emission thresholds for
determining which new stationary
sources and modifications to existing
stationary sources become subject to
Texas’s PSD permitting requirements for
their GHG emissions, and revises
several Minor New Source Review
(NSR) provisions to specify that Minor
NSR permit mechanisms cannot be used
for authorizing GHG emissions. The
December 2, 2013, SIP revision also
defers until July 21, 2014, application of
the PSD permitting requirements to
biogenic carbon dioxide emissions from
bioenergy and other biogenic stationary
sources. The October 5, 2010, submittal
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Proposed Rules]
[Pages 9120-9123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03368]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 961
Rules of Practice in Proceedings Under Section 5 of the Debt
Collection Act
AGENCY: Postal Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: To clarify existing practice, this proposed rule contains a
complete revision to the rules of practice before the Judicial Officer
in proceedings under section 5 of the Debt Collection Act.
DATES: Comments must be received on or before March 20, 2014.
ADDRESSES: Mail or deliver written comments to the Office of the
Judicial Officer, United States Postal Service, 2101 Wilson Boulevard,
Suite 600, Arlington, VA 22201-3078. Copies of all written comments
will be available for inspection and photocopying between 9 a.m. and 4
p.m., Monday through Friday, at the above address.
FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E.
Shapiro, (703) 812-1910.
SUPPLEMENTARY INFORMATION:
[[Page 9121]]
A. Executive Summary
Part 961 of title 39, Code of Federal Regulations, contains the
rules of practice in proceedings under section 5 of the Debt Collection
Act of 1982, as amended, 5 U.S.C. 5514, in which the Judicial Officer
or an assigned Hearing Official provides the final agency adjudication
for debt collection assessments by administrative salary offset issued
by the Postal Service seeking to collect a debt owed it by an employee.
This authority is delegated by the Postmaster General. Although these
rules provide a complete replacement for the former rules, the changes
are not considered to affect the rights of the parties in a substantive
way. Rather, the rules are revised to conform to current practices and
to clarify the procedures.
B. Discussion of Changes
The provisions of 39 CFR part 961 have been amended as follows:
Sec. 961.1--This section remains unchanged.
Sec. 961.2--This section has been modified in minor
respects to clarify the language.
Sec. 961.3--This section has been modified in minor
respects to clarify the language.
Sec. 961.4--This section has been amended to explain that
the petition filing deadline is subject to waiver in the discretion of
the Hearing Official upon a demonstration of good cause, conforming the
rule to the judicial practice. Another change reflects current practice
allowing the Hearing Official to resolve the petition where the Postal
Service has offset money from an employee's salary without having
issued the required Notice. A requirement that the employee's petition
state whether a hearing is requested, and provide related information
has been deleted. Such a determination is made by the Hearing Official
at a later time in the proceeding. Language explaining what information
should be included in the petition has been modified for accuracy.
Language regarding supplementation of the petition has been replaced
with a statement that the employee shall supply additional information
as directed by the Hearing Official, to reflect current practice. The
section also includes minor changes in wording for purposes of
clarification.
Sec. 961.5--This section has been modified in minor
respects to clarify the language.
Sec. 961.6--This section has been modified to require a
party filing any document with the Hearing Official to transmit a copy
to the other party. Another change establishes standards and timing for
time extension requests, and for representatives of parties to file
notices of appearance. A further amendment reflects current practice
permitting non-attorney representation of employees, to be consistent
with the practice of representation for the Postal Service. The section
also includes minor wording changes for purposes of clarification.
Sec. 961.7--This section has been changed to require
specific information in the answer and to delete formerly required
information in the answer to conform to current practice.
Sec. 961.8--This section has been modified to reflect
more accurately the Hearing Official's authority and responsibilities
and to conform them to current practice. Included changes clarify that
the Hearing Official determines whether a hearing is conducted and that
the Hearing Official may examine witnesses during a hearing. Other
minor changes have been made to clarify the language.
Sec. 961.9--This is a new section which establishes that
the Hearing Official determines whether a hearing is to be conducted
and the type of hearing that is to be conducted.
Sec. 961.10--This section (formerly Sec. 961.9) has been
modified in minor respects to clarify the language.
Sec. 961.11--This section (formerly Sec. 961.10) has
been changed to conform to existing practice. This includes clarifying
that a party that does not comply with the rules in a material way
risks a default judgment being entered against it after an order to
show cause has been issued. Other changes provide specific authority
for the Hearing Official to dismiss a petition where it has been
withdrawn, and to grant a petition where the Postal Service files a
withdrawal of the debt determination.
Sec. 961.12--This section (formerly Sec. 961.11) has
been modified to be consistent with the definition of an ex parte
communication included in the Administrative Procedures Act.
C. Effective Date and Applicability
These revised rules will govern proceedings under part 961 docketed
on or after 30 days from their publication in final form.
List of Subjects in 39 CFR Part 961
Claims, Government employees, Wages.
For the reasons stated in the preamble, the Postal Service hereby
proposes to revise 39 CFR part 961 as set forth below:
PART 961--RULES OF PRACTICE IN PROCEEDINGS UNDER SECTION 5 OF THE
DEBT COLLECTION ACT
Sec.
961.1 Authority for rules.
961.2 Scope of rules.
961.3 Definitions.
961.4 Employee petition for a hearing.
961.5 Effect of filing a petition.
961.6 Filing, docketing, and serving documents; computation of time;
representation of parties.
961.7 Answer to petition.
961.8 Hearing Official authority and responsibilities.
961.9 Opportunity for oral hearing.
961.10 Effect of Hearing Official's decision; motion for
reconsideration.
961.11 Consequences for failure to comply with rules.
961.12 Ex parte communications.
Authority: 39 U.S.C. 204, 401; 5 U.S.C. 5514.
Sec. 961.1 Authority for rules.
These rules are issued by the Judicial Officer pursuant to
authority delegated by the Postmaster General.
Sec. 961.2 Scope of rules.
The rules in this part apply to the hearing provided by section 5
of the Debt Collection Act of 1982, as amended, 5 U.S.C. 5514,
challenging the Postal Service's determination of the existence or
amount of an employee debt to the Postal Service, or of the terms of
the employee's debt repayment schedule. In addition, these rules apply
to a hearing under section 5 of the Debt Collection Act when an
Administrative Law Judge or an Administrative Judge in the Judicial
Officer Department is designated as the Hearing Official for a creditor
Federal agency other than the Postal Service pursuant to an agreement
between the Postal Service and that agency. In such cases, all
references to Postal Service within these rules shall be construed to
refer to the creditor Federal agency involved.
Sec. 961.3 Definitions.
As used in this part:
(a) Employee refers to a current employee of the Postal Service who
is alleged to be indebted to the Postal Service; or to an employee of
another Federal agency who is alleged to be indebted to that other
creditor Federal agency and whose hearing under section 5 of the Debt
Collection Act is being conducted under these rules.
(b) General Counsel refers to the General Counsel of the Postal
Service, and includes a designated representative.
(c) Hearing Official refers to an Administrative Law Judge
qualified to hear cases under the Administrative
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Procedure Act, an Administrative Judge appointed under the Contract
Disputes Act of 1978, or other qualified person not under the control
or supervision of the Postmaster General, who is designated by the
Judicial Officer to conduct the hearing under section 5 of the Debt
Collection Act of 1982, as amended, 5 U.S.C. 5514.
(d) Judicial Officer refers to the Judicial Officer, Associate
Judicial Officer, or Acting Judicial Officer of the United States
Postal Service.
(e) Notice of Involuntary Administrative Salary Offsets Under the
Debt Collection Act refers to the formal written notice required by
section 5 of the Debt Collection Act, including the provision of notice
of the procedures under this Part, before involuntary collection
deductions can be taken from an employee's salary.
(f) Postmaster/Installation Head refers to the Postal Service
official who is authorized under the Postal Service Employee and Labor
Relations Manual to make the initial determination of employee
indebtedness and to issue the ``Notice of Involuntary Administrative
Salary Offsets Under the Debt Collection Act.''
(g) Recorder refers to the Recorder, Judicial Officer Department,
U.S. Postal Service, located at 2101 Wilson Boulevard, Suite 600,
Arlington, VA 22201-3078. The Recorder's telephone number is (703) 812-
1900, and the fax number is (703) 812-1901.
Sec. 961.4 Employee petition for a hearing.
(a) If an employee desires a hearing, prescribed by section 5 of
the Debt Collection Act, to challenge the Postal Service's
determination of the existence or amount of a debt, or to challenge the
involuntary repayment terms proposed by the Postal Service, the
employee must file a written, signed petition with the Recorder, on or
before the fifteenth (15th) calendar day following the employee's
receipt of the Postal Service's ``Notice of Involuntary Administrative
Salary Offsets Under the Debt Collection Act.'' The Hearing Official,
in his or her discretion may waive this deadline upon a demonstration
of good cause. In the event that the Postal Service initiated
involuntary administrative salary offsets without having issued a
Notice as required by the Debt Collection Act, the Hearing Official, in
his or her discretion, may retain authority to resolve the debt
assessment as if a Notice had been issued, and may order the Postal
Service to return any improperly offset money.
(b) The hearing petition shall include the following:
(1) The words, ``Petition for Hearing under the Debt Collection
Act,'' prominently captioned at the top of the first page;
(2) The name of the employee, the employee's work address, home
address, work telephone number, home telephone number, and email
address, if any, or other address and telephone number at which the
employee may be contacted during business hours;
(3) A statement of the date on which the employee received the
``Notice of Involuntary Administrative Salary Offsets Under the Debt
Collection Act,'' and a copy of the Notice;
(4) A statement indicating whether the employee challenges: (i) The
existence of the debt identified in the Notice of Involuntary
Administrative Salary Offsets; (ii) the amount of the debt identified
in the Notice; and/or (iii) the involuntary repayment terms identified
by the Postal Service in the Notice. For each challenge, the employee's
petition shall indicate the basis of the employee's disagreement. The
employee should identify and explain the facts, evidence, and legal
arguments which support his or her position;
(5) Copies of all records in the employee's possession which relate
to the debt; and
(6) If an employee contends that the Postal Service's proposed
offset schedule would result in a severe financial hardship on the
employee, his or her spouse, and dependents, the employee shall
identify an alternative offset schedule. As directed by the Hearing
Official, the employee shall provide a statement and supporting
documents indicating the employee's financial status. This statement
should address total income from all sources; assets; liabilities;
number of dependents; and expenses for food, housing, clothing,
transportation, medical care, and exceptional expenses, if any.
(c) The employee shall file with the Recorder, any additional
information directed by the Hearing Official.
Sec. 961.5 Effect of filing a petition.
Upon receipt and docketing of the employee's petition for a
hearing, further collection activity by the Postal Service must cease,
as required by section 5 of the Debt Collection Act until the petition
is resolved by the Hearing Official.
Sec. 961.6 Filing, docketing and serving documents; computation of
time; representation of parties.
(a) Filing. All documents relating to the Debt Collection Act
hearing proceedings must be filed by the employee or the General
Counsel's designee with the Recorder. (Normal Recorder office business
hours are between 8:45 a.m. and 4:45 p.m., Eastern Time.) Unless
otherwise directed by the Hearing Official, the party filing a document
shall send a copy thereof to the opposing party.
(b) Docketing. The Recorder will maintain a record of Debt
Collection Act proceedings and will assign a docket number to each such
case. After notification of the docket number, the employee and the
Postal Service's representative should refer to it on any further
filings regarding the petition.
(c) Time computation. A filing period under the rules in this Part
excludes the day the period begins, and includes the last day of the
period unless the last day is a Saturday, Sunday, or legal holiday, in
which event the period runs until the close of business on the next
business day. Requests for extensions of time shall be made in writing
prior to the date on which the submission is due, state the reason for
the extension request, represent that the moving party has contacted
the opposing party about the request, or made reasonable efforts to do
so, and indicate whether the opposing party consents to the extension.
Requests for extensions of time submitted after the date on which the
submission was due shall explain why the moving party was unable to
request an extension prior to the deadline.
(d) Representation of parties. The representative of the Postal
Service, as designated by the General Counsel, shall file a notice of
appearance as soon as practicable, but no later than the date for
filing the answer. If an employee has a representative, he or she also
shall file a notice of appearance as soon as practicable, and further
transmissions of documents and other communications by and with the
employee shall be made through his or her representative.
Sec. 961.7 Answer to petition.
Within 15 days from the date of receiving the petition, the Postal
Service's representative shall file an answer to the petition, and
attach all available relevant records and documents in support of the
Postal Service's debt claim, and/or the administrative salary offset
schedule proposed by the Postal Service for collecting any such claim.
The answer shall provide a clear and thorough description of the basis
for the Postal Service's determination of the alleged debt, its
calculation of the amount of the alleged debt, and/or its proposed
offset schedule.
[[Page 9123]]
Sec. 961.8 Hearing Official authority and responsibilities.
The Hearing Official's authority includes, but is not limited to,
the following:
(a) Ruling on all motions or requests by the parties.
(b) Issuing notices, orders or memoranda to the parties concerning
the hearing proceedings.
(c) Conducting telephone conferences with the parties to expedite
the proceedings. The Hearing Official will prepare a Memorandum of
Telephone Conference, which shall be transmitted to both parties and
which serves as the official record of that conference.
(d) Determining whether an oral hearing shall be conducted, the
type of oral hearing to be held, and setting the place, date, and time
for such hearing.
(e) Administering oaths or affirmations to witnesses.
(f) Conducting the hearing in a manner to maintain discipline and
decorum while assuring that relevant, reliable and probative evidence
is elicited on the issues in dispute, but irrelevant, immaterial or
repetitious evidence is excluded. The Hearing Official in his or her
discretion may examine witnesses to ensure that a satisfactory record
is developed.
(g) Establishing the record in the case. The weight to be attached
to any evidence of record will rest within the discretion of the
Hearing Official. Except as the Hearing Official may otherwise order,
no proof shall be received in evidence after completion of an oral
hearing or, in cases submitted on the written record, after
notification by the Hearing Official that the record is closed. The
Hearing Official may require either party, with appropriate notice to
the other party, to submit additional evidence on any relevant matter;
(h) Granting reasonable time extensions or other relief for good
cause shown in the Hearing Official's sole discretion.
(i) Issuing the final decision. The decision must include the
determination of the amount and validity of the alleged debt and, where
applicable, the repayment schedule.
Sec. 961.9 Opportunity for oral hearing.
An oral hearing shall be conducted in the sole discretion of the
Hearing Official. An oral hearing may be conducted in-person, by
telephone, by video conference, or other appropriate means as directed
by the Hearing Official. When the Hearing Official determines that an
oral hearing shall not be conducted, the decision shall be based solely
on the written submissions. The Hearing Official shall arrange for the
recording and transcription of an oral hearing, which shall serve as
the official record of the hearing. In the event of an unexcused
absence, the hearing may proceed without the participation of the
absent party.
Sec. 961.10 Effect of Hearing Official's decision; motion for
reconsideration.
(a) After the receipt of written submissions or after the
conclusion of the hearing and the receipt of post-hearing briefs, if
any, the Hearing Official shall issue a written decision, which shall
include the findings of fact and conclusions of law, relied upon.
(b) The Hearing Official shall send each party a copy of the
decision. The Hearing Official's decision shall be the final
administrative determination on the employee's debt or repayment
schedule. No reconsideration of the decision will be allowed unless a
motion for reconsideration is filed within 10 days from receipt of the
decision and shows good cause for reconsideration. Reconsideration will
be allowed only in the discretion of the Hearing Official. A motion for
reconsideration by the employee will not operate to stay a collection
action authorized by the Hearing Official's decision.
Sec. 961.11 Consequences for failure to comply with rules.
(a) The Hearing Official may determine that the employee has
abandoned the right to a hearing, and that administrative offset may be
initiated if the employee files his or her petition late without good
cause; or files a withdrawal of the employee's petition for a hearing.
(b) The Hearing Official may determine that the administrative
offset may not be initiated if the Postal Service fails to file the
answer or files the answer late without good cause; or files a
withdrawal of the debt determination at issue.
(c) If a party fails to comply with these Rules or the Hearing
Official's orders, the Hearing Official may take such action as he or
she deems reasonable and proper under the circumstances, including
dismissing or granting the petition as appropriate.
Sec. 961.12 Ex parte communications.
Ex parte communications are not allowed between a party and the
Hearing Official or the Official's staff. Ex parte communication means
an oral or written communication, not on the public record, with one
party only with respect to which reasonable prior notice to all parties
is not given, but it shall not include requests for status reports or
procedural matters. A memorandum of any communication between the
Hearing Official and a party will be transmitted to both parties.
Stanley F. Mires,
Attorney, Legal Policy & Legislative Advice.
[FR Doc. 2014-03368 Filed 2-14-14; 8:45 am]
BILLING CODE 7710-12-P