[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Rules and Regulations]
[Page 57198-57199]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc07-4]
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DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Parts 19, 21 and 22
[Docket Number: 070216039-7495-02]
RIN 0605-AA24
Commerce Debt Collection
AGENCY: Office of the Chief Financial Officer and Assistant Secretary
for Administration, Department of Commerce.
ACTION: Final rule.
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SUMMARY: This rule adopts as final the revised Department of Commerce
(Commerce Department or Commerce) debt collection regulations to
conform to the Debt Collection Improvement Act of 1996, the revised
Federal Claims Collection Standards, and other laws applicable to the
collection of non-tax debts owed to the Commerce Department. This rule
also adopts as
[[Page 57199]]
final Commerce's regulations governing the offset of Commerce-issued
payments to collect debts owed to other Federal agencies.
DATES: This rule is effective October 9, 2007.
FOR FURTHER INFORMATION CONTACT: Lisa Casias, Deputy Chief Financial
Officer and Director for Financial Management, Office of Financial
Management, at (202) 482-1207, Department of Commerce, 1401
Constitution Avenue, NW., Room 6827, Washington, DC 20230. This
document is available for downloading from the Department of Commerce,
Office of Financial Management's Web site at the following address:
http://osec.doc.gov/ofm/OFM%20Publications.htm.
SUPPLEMENTARY INFORMATION:
Background
This rule revises and replaces Department of Commerce debt
collection regulations found at 15 CFR Parts 19, 21 and 22 to conform
to the Debt Collection Improvement Act of 1996 (DCIA), Public Law 104-
134, 110 Stat. 1321, 1358 (Apr. 26, 1996), the revised Federal Claims
Collection Standards, 31 CFR Chapter IX (Parts 900 through 904), and
other laws applicable to the collection of non-tax debt owed to the
Government. The Department of Commerce made additions and revisions to
15 CFR Part 19, and deleted 15 CFR Parts 21 and 22 to consolidate and
streamline the debt collection regulations.
This regulation provides procedures for the collection of non-tax
debts owed to Commerce Department entities. Commerce adopts the
Government-wide debt collection standards promulgated by the
Departments of the Treasury and Justice, known as the Federal Claims
Collection Standards (FCCS), as revised on November 22, 2000 (65 FR
70390), and supplements the FCCS by prescribing procedures consistent
with the FCCS, as necessary and appropriate for Commerce operations.
This regulation also provides the procedures for the collection of
debts owed to other Federal agencies when a request for offset is
received by Commerce.
This regulation does not contain a section regarding the delegation
of debt collection authority within the Commerce Department. The
delegation is contained in the Department of Commerce Credit and Debt
Management Operating Procedures Handbook (currently available at http://www.osec.doc.gov/ofm/credit/cover.htm
), and does not need to be
included in the regulation.
Nothing in this regulation precludes the use of collection remedies
not contained in this regulation. For example, Commerce entities may
collect unused travel advances through offset of an employee's pay
under 5 U.S.C. 5705. Commerce entities and other Federal agencies may
simultaneously use multiple collection remedies to collect a debt,
except as prohibited by law.
Commerce entities may, but are not required to, promulgate
additional policies and procedures consistent with this regulation, the
FCCS, and other applicable Federal laws, policies, and procedures,
subject to the approval of the Deputy Chief Financial Officer.
Section Analysis
The Department of Commerce published the Interim final rule with
request for comments on April 16, 2007 at 72 FR 18869. No comments were
received. For section analysis of this final rule, see 72 FR 18869 on
April 16, 2007.
Regulatory Analysis
E.O. 12866, Regulatory Review
This rule is not a significant regulatory action as defined in
Executive Order 12866.
Regulatory Flexibility Act
Because notice of proposed rulemaking and opportunity for comment
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility act (5 U.S.C.
601, et seq.) are inapplicable. Therefore, a regulatory flexibility
analysis is not required and has not been prepared.
List of Subjects in 15 CFR Part 19
Administrative practice and procedure, Claims, Debts, Garnishment
of wages, Government employee, Hearing and appeal procedures, Pay
administration, Salaries, Wages.
Authority and Issuance
0
Accordingly, the interim final rule amending 15 CFR part 19 and
removing 15 CFR parts 21 and 22 which was published at 72 FR 18869 on
April 16, 2007, is adopted as a final rule without change.
Dated: October 1, 2007.
Lisa Casias,
Deputy Chief Financial Officer and Director for Financial Management,
Department of Commerce.
[FR Doc. E7-19755 Filed 10-5-07; 8:45 am]
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