Collection of Delinquent Non-Tax Debts by Administrative Wage Garnishment, 46183-46184 [2014-18627]

Download as PDF Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations (Amtrak), requested five night time bridge closures to facilitate installation of new ties, miter rails and drive motors at the bridge. Under this temporary deviation, the Amtrak Portal Bridge may remain in the closed position as follows: From 10 p.m. August 22, 2014 through 6 a.m. on Saturday August 23, 2014; from 10 p.m. on September 5, 2014 through 6 a.m. on September 6, 2014; from 10 p.m. on September 12, 2014 through 6 a.m. on September 13, 2014; from 10 p.m. on September 19, 2014 through 6 a.m. on September 20, 2014 and from 10 p.m. on September 26, 2014 through 6 a.m. on September 27, 2014. Vessels that can pass under the bridge in the closed position may do so at all times. There are no alternate routes. The bridge can’t be opened in the event of an emergency during this bridge maintenance. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: July 29, 2014. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2014–18717 Filed 8–6–14; 8:45 am] BILLING CODE 9110–04–P POSTAL SERVICE 39 CFR Part 492 Collection of Delinquent Non-Tax Debts by Administrative Wage Garnishment Postal Service. Final rule. AGENCY: ACTION: The United States Postal Service (Postal Service) is adding a provision to its regulations to implement the administrative wage garnishment (AWG) provisions of the Debt Collection Improvement Act of 1996 (DCIA), allowing the United States Treasury Bureau of the Fiscal Service (BFS) to collect debts owed to the Postal Service, that the Postal Service refers to BFS for collection, by AWG. DATES: Effective August 7, 2014. FOR FURTHER INFORMATION CONTACT: Ruth Stevenson at (202)–268–6724. SUPPLEMENTARY INFORMATION: After providing debtors with the requisite opportunity for notice and review, the Postal Service currently may refer nontax delinquent debts to BFS, formerly emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:00 Aug 06, 2014 Jkt 232001 known as the Financial Management Service (FMS), for centralized collection and/or offset. Among other potential collection tools, BFS may utilize AWG to collect delinquent debts referred to it by federal agencies. AWG allows a federal entity to enforce collection of a debt by garnishing wages the debtor receives from a non-federal employer after affording the debtor with notice and certain administrative proceedings, including the right to a hearing. Provisions of the DCIA, codified at 31 U.S.C. 3720D, authorize federal agencies to collect non-tax debt owed to the United States by AWG. The United States Department of the Treasury (Treasury) has also issued an implementing regulation at 31 CFR 285.11. However, before BFS may utilize AWG to collect debts that the Postal Service refers to it, the Postal Service must first implement regulations authorizing the collection of non-tax delinquent debt by AWG. The Postal Service is accordingly adding new part 492, containing § 492.1, to title 39 of the Code of Federal Regulations in order to authorize collection of Postal debts by AWG. This new regulation provides that the Treasury regulation, 31 CFR 285.11, shall apply to AWG proceedings conducted by, or on behalf of, the Postal Service. Section 285.11 includes procedural protections, including notice requirements and hearing procedures, to allow individuals to contest the existence or amount of the debt and/or to assert that collection by garnishment would present an undue hardship prior to collection by AWG. BFS will pursue AWG on behalf of the Postal Service as part of its normal debt collection process. This includes issuing notices to debtors and garnishment orders to employers, as well as conducting required administrative hearings on behalf of the Postal Service, in accordance with the procedures contained in 31 CFR 285.11. AWG, which involves the garnishment of wages a debtor receives from a non-federal employer, is a separate procedure from administrative salary offsets taken from current federal employees’ salaries (including Postal employees’ salaries) in order to satisfy a debt owed to the United States. See 5 U.S.C. 5514; 39 CFR part 961. It is also a distinct procedure from the garnishment of current Postal Service employee and Postal Service Rate employee salaries, as detailed in 39 CFR part 491. Accordingly, the procedures contained in these provisions are not affected by this rule. In addition, the provisions pertaining to administrative offset contained in 39 CFR part 966 are PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 46183 not affected by this rule. As noted, the Postal Service must afford individuals with notice and an opportunity for review prior to referring a debt to the Treasury for collection and/or administrative offset, in accordance with ELM 470–480 and/or 39 CFR part 966, if applicable. Treasury may then determine to pursue collection of the debt by AWG, after providing the debtor with any additional process or procedures required by 31 CFR 285.11. The Postal Service published the proposed version of this rule on April 24, 2014 (79 FR 22786–87). The Postal Service received no comments. This final version of the rule is unchanged with the exception of a corrected designation of the BFS in new § 492.1(b). List of Subjects in 39 CFR Part 492 Administrative practice and procedure, Claims, Wages. For the reasons stated in the preamble, the Postal Service adds 39 CFR part 492 as set forth below: PART 492—ADMINISTRATIVE WAGE GARNISHMENT FROM NON-POSTAL SOURCES Sec. 492.1 Collection of delinquent non-tax debts by administrative wage garnishment. Authority: 31 U.S.C. 3720D; 39 U.S.C. 204, 401, 2601; 31 CFR 285.11. § 492.1 Collection of delinquent non-tax debts by administrative wage garnishment. (a) This section provides procedures for the Postal Service to collect money from a debtor’s disposable pay by means of administrative wage garnishment, in accordance with 31 U.S.C. 3720D and 31 CFR 285.11, to satisfy delinquent nontax debt owed to the United States. (b) The Postal Service authorizes the U. S. Department of the Treasury Bureau of the Fiscal Service or its successor entity to collect debts by administrative wage garnishment, and conduct administrative wage garnishment hearings, on behalf of the Postal Service in accordance with the requirements of 31 U.S.C. 3720D and the procedures contained in 31 CFR 285.11. (c) The Postal Service adopts the provisions of 31 CFR 285.11 in their entirety. The provisions of 31 CFR 285.11 should therefore be read as though modified to effectuate the application of that regulation to administrative wage garnishment E:\FR\FM\07AUR1.SGM 07AUR1 46184 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations proceedings conducted by, or on behalf of, the U.S. Postal Service. Stanley F. Mires, Attorney, Federal Requirements. [FR Doc. 2014–18627 Filed 8–6–14; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2014–0499; FRL–9914–54– Region–3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to the Definition of Volatile Organic Compounds Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia’s State Implementation Plan (SIP). The revisions add five compounds to the list of substances not considered to be volatile organic compounds (VOC). EPA is approving these revisions in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on October 6, 2014 without further notice, unless EPA receives adverse written comment by September 8, 2014. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2014–0499 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2014–0499, Cristina Fernandez, Associate Director, Office of Air Program Planning, Air Protection Division, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2014– 0499. EPA’s policy is that all comments received will be included in the public emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:00 Aug 06, 2014 Jkt 232001 docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814–5787, or by email at schmitt.ellen@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Tropospheric ozone, commonly known as smog, is formed when VOCs and nitrogen oxides react in the atmosphere in the presence of sunlight. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Because of the harmful health effects of ozone, EPA and state governments limit the amount of VOCs that can be released into the atmosphere. VOCs have different levels of reactivity, that is, some VOCs react slowly or form less ozone, and therefore, changes in their emissions have limited effects on local or regional ozone pollution episodes. It has been EPA’s policy that VOCs with a negligible level of reactivity should be excluded from the regulatory definition of VOC contained at 40 CFR 51.100(s) so as to focus control efforts on compounds that do significantly increase ozone concentrations. This is accomplished by adding the substance to a list of compounds not considered to be VOCs, and thus, excluded from the definition of VOC. EPA believes that exempting such compounds creates an incentive for industry to use negligibly reactive compounds in place of more highly reactive compounds that are regulated as VOCs. On June 22, 2012 (77 FR 37610) and February 12, 2013 (78 FR 9823), EPA revised the definition of VOC contained in 40 CFR 51.100 to exclude five substances from the definition of VOC and corrected the citation for one substance. The compounds excluded from the definition of VOC are listed as follows: Trans-1,3,3,3tetrafluoropropene (also known as HFO1234ze), HCF2OCF2H (also known as HFE-134), HCF2OCF2OCF2H (also known as HFE-236cal2), HCF2OCF2CF2OCF2H (also known as HFE-338pcc13), and HCF2OCF2OCF2CF2OCF2H (also known as HGalden 1040x, H-Galden ZT 130, H-Galden ZT 150, or H-Galden ZT 180). In the February 12, 2013 rulemaking action, EPA also corrected the citation for 1,1,1,2,2,3,4,5,5,5decafluoro-3-methoxy-4trifluoromethylpentane (also known as HFE-7300). II. Summary of SIP Revision On April 11, 2014, the Commonwealth of Virginia submitted a formal revision to its SIP. The SIP revision consists of adding the compound, ‘‘trans-1,3,3,3tetrafluoropropene’’ also know as ‘‘HFO1234ze,’’ to the list of substances that are not considered VOCs as well as minor administrative changes to the definition of ‘‘Total suspended particulate,’’ both contained in 9VAC5– 10–20. On May 22, 2014, the Commonwealth of Virginia submitted a formal revision to its SIP which consists of adding four additional compounds to the list of substances that are not considered VOCs found at 9VAC5–10–20; these E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[Federal Register Volume 79, Number 152 (Thursday, August 7, 2014)]
[Rules and Regulations]
[Pages 46183-46184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18627]


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

POSTAL SERVICE

39 CFR Part 492


Collection of Delinquent Non-Tax Debts by Administrative Wage 
Garnishment

AGENCY: Postal Service.

ACTION: Final rule.

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

SUMMARY: The United States Postal Service (Postal Service) is adding a 
provision to its regulations to implement the administrative wage 
garnishment (AWG) provisions of the Debt Collection Improvement Act of 
1996 (DCIA), allowing the United States Treasury Bureau of the Fiscal 
Service (BFS) to collect debts owed to the Postal Service, that the 
Postal Service refers to BFS for collection, by AWG.

DATES: Effective August 7, 2014.

FOR FURTHER INFORMATION CONTACT: Ruth Stevenson at (202)-268-6724.

SUPPLEMENTARY INFORMATION: After providing debtors with the requisite 
opportunity for notice and review, the Postal Service currently may 
refer non-tax delinquent debts to BFS, formerly known as the Financial 
Management Service (FMS), for centralized collection and/or offset. 
Among other potential collection tools, BFS may utilize AWG to collect 
delinquent debts referred to it by federal agencies. AWG allows a 
federal entity to enforce collection of a debt by garnishing wages the 
debtor receives from a non-federal employer after affording the debtor 
with notice and certain administrative proceedings, including the right 
to a hearing.
    Provisions of the DCIA, codified at 31 U.S.C. 3720D, authorize 
federal agencies to collect non-tax debt owed to the United States by 
AWG. The United States Department of the Treasury (Treasury) has also 
issued an implementing regulation at 31 CFR 285.11. However, before BFS 
may utilize AWG to collect debts that the Postal Service refers to it, 
the Postal Service must first implement regulations authorizing the 
collection of non-tax delinquent debt by AWG. The Postal Service is 
accordingly adding new part 492, containing Sec.  492.1, to title 39 of 
the Code of Federal Regulations in order to authorize collection of 
Postal debts by AWG.
    This new regulation provides that the Treasury regulation, 31 CFR 
285.11, shall apply to AWG proceedings conducted by, or on behalf of, 
the Postal Service. Section 285.11 includes procedural protections, 
including notice requirements and hearing procedures, to allow 
individuals to contest the existence or amount of the debt and/or to 
assert that collection by garnishment would present an undue hardship 
prior to collection by AWG. BFS will pursue AWG on behalf of the Postal 
Service as part of its normal debt collection process. This includes 
issuing notices to debtors and garnishment orders to employers, as well 
as conducting required administrative hearings on behalf of the Postal 
Service, in accordance with the procedures contained in 31 CFR 285.11.
    AWG, which involves the garnishment of wages a debtor receives from 
a non-federal employer, is a separate procedure from administrative 
salary offsets taken from current federal employees' salaries 
(including Postal employees' salaries) in order to satisfy a debt owed 
to the United States. See 5 U.S.C. 5514; 39 CFR part 961. It is also a 
distinct procedure from the garnishment of current Postal Service 
employee and Postal Service Rate employee salaries, as detailed in 39 
CFR part 491. Accordingly, the procedures contained in these provisions 
are not affected by this rule. In addition, the provisions pertaining 
to administrative offset contained in 39 CFR part 966 are not affected 
by this rule. As noted, the Postal Service must afford individuals with 
notice and an opportunity for review prior to referring a debt to the 
Treasury for collection and/or administrative offset, in accordance 
with ELM 470-480 and/or 39 CFR part 966, if applicable. Treasury may 
then determine to pursue collection of the debt by AWG, after providing 
the debtor with any additional process or procedures required by 31 CFR 
285.11.
    The Postal Service published the proposed version of this rule on 
April 24, 2014 (79 FR 22786-87). The Postal Service received no 
comments. This final version of the rule is unchanged with the 
exception of a corrected designation of the BFS in new Sec.  492.1(b).

List of Subjects in 39 CFR Part 492

    Administrative practice and procedure, Claims, Wages.

    For the reasons stated in the preamble, the Postal Service adds 39 
CFR part 492 as set forth below:

PART 492--ADMINISTRATIVE WAGE GARNISHMENT FROM NON-POSTAL SOURCES

Sec.
492.1 Collection of delinquent non-tax debts by administrative wage 
garnishment.


    Authority:  31 U.S.C. 3720D; 39 U.S.C. 204, 401, 2601; 31 CFR 
285.11.


Sec.  492.1  Collection of delinquent non-tax debts by administrative 
wage garnishment.

    (a) This section provides procedures for the Postal Service to 
collect money from a debtor's disposable pay by means of administrative 
wage garnishment, in accordance with 31 U.S.C. 3720D and 31 CFR 285.11, 
to satisfy delinquent nontax debt owed to the United States.
    (b) The Postal Service authorizes the U. S. Department of the 
Treasury Bureau of the Fiscal Service or its successor entity to 
collect debts by administrative wage garnishment, and conduct 
administrative wage garnishment hearings, on behalf of the Postal 
Service in accordance with the requirements of 31 U.S.C. 3720D and the 
procedures contained in 31 CFR 285.11.
    (c) The Postal Service adopts the provisions of 31 CFR 285.11 in 
their entirety. The provisions of 31 CFR 285.11 should therefore be 
read as though modified to effectuate the application of that 
regulation to administrative wage garnishment

[[Page 46184]]

proceedings conducted by, or on behalf of, the U.S. Postal Service.

Stanley F. Mires,
Attorney, Federal Requirements.
[FR Doc. 2014-18627 Filed 8-6-14; 8:45 am]
BILLING CODE 7710-12-P