[Federal Register: June 12, 2009 (Volume 74, Number 112)]
[Rules and Regulations]
[Page 27905-27906]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn09-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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[[Page 27905]]
ELECTION ASSISTANCE COMMISSION
11 CFR 9430
Debt Collection
AGENCY: United States Election Assistance Commission (EAC).
ACTION: Final rule.
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SUMMARY: The Debt Collection Act requires federal agencies to either
adopt existing regulations or promulgate its own regulations governing
the collection of debts owed to the federal government. The U.S.
Election Assistance Commission (EAC) is a federal agency, and has
decided to implement the regulations jointly issued by the Treasury
Department and the Department of Justice entitled Federal Claims
Collection Standards by cross referencing these regulations as
discussed in this rule.
DATES: This rule is effective on June 12, 2009.
FOR FURTHER INFORMATION CONTACT: Tamar Nedzar, Attorney, U.S. Election
Assistance Commission, 1225 New York Avenue, NW., Suite 1100,
Washington, DC 20005. Telephone (202) 566-3100.
SUPPLEMENTARY INFORMATION:
Preamble Table of Contents
The following is an outline of the preamble.
I. Legal Basis for the Rulemaking
II. Discussion of the Rulemaking
III. Rulemaking Analyses and Notices
I. Legal Basis for the Rulemaking
This rulemaking action is taken in response to the Debt Collection
Act, as amended, 31 U.S.C. 3701, et seq. The Debt Collection Act
requires federal agencies to either adopt existing regulations or
promulgate its own regulations governing the collection of debts owed
to the federal government. U.S. Election Assistance Commission (EAC) is
a federal agency, and has decided to implement the regulations jointly
issued by the Treasury Department and the Department of Justice, at 31
CFR parts 900-904. The EAC is also reserving additional sections in 11
CFR part 9430 for possible supplemental debt collection regulations
specific to EAC's unique grant programs.
II. Discussion of the Rulemaking
The United States Election Assistance Commission was created by
Congress in the Help America Vote Act of 2002. The Commission's primary
function is to serve as a national clearinghouse and resource for
information on and procedures for federal elections. The EAC conducts
studies on election administration and makes those studies available to
the public. The EAC also has adopted Voluntary Voting System
Guidelines; administers a voting system testing and certification
program; allocates election-related federal funding to the States; and
carries out administrative duties under the National Voter Registration
Act of 1993 (the Motor Voter Law), including developing and maintaining
a mail voter registration application form for elections to federal
office.
The EAC is committed to administering funds in a financially
responsible manner. To implement this goal, pursuant to 31 U.S.C.
3716(b), the EAC is cross-referencing existing regulations governing
the collection of debts owed to the federal government.
III. Regulatory Analyses and Notices
Regulatory Flexibility Act, as Amended
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA) of 1996 (5 U.S.C. 601 et
seq.) generally requires an agency to prepare a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements under the APA or any other statute, unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small government jurisdictions.
The EAC certifies that this rulemaking is not subject to notice and
comment under the APA, and as a result, no regulatory flexibility
analysis is required.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4; 2 U.S.C.
1532) requires each agency to assess the effects of its regulatory
actions on State, local, and tribal governments and the private sector.
Any agency promulgating a rule likely to result in a federal mandate
requiring expenditures by a State, local, or tribal government or by
the private sector of $120.7 million or more in any one year must
prepare a written statement incorporating various assessments,
estimates, and descriptions that are delineated in the Act. The EAC has
determined that this action would create no unfunded mandates because
it requires no expenditures by a State, local, or tribal government and
will not have an impact of $120.7 million or more in any one year.
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by
SBREFA, provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. If the rule meets the definition of a
major rule, as defined in SBREFA, the Comptroller General must provide
a report to Congress and the rule may not take effect until 60 days
after it has been published in the Federal Register. The current action
is a Final Rule that does not meet the definition of a major rule. The
EAC is submitting the necessary rule report to the Congress and the
Comptroller General of the United States.
National Environmental Policy Act
The EAC analyzed these rules for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined that this action includes no circumstances that would have
any effect on the quality of the environment. These rules pertain
solely to the collection of debts owed to the federal government. Thus,
these actions do not require an environmental assessment or an
environmental impact statement.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the EAC to consider the impact of paperwork and
[[Page 27906]]
other information collection burdens imposed on the public. This action
does not impose any reporting or recordkeeping requirements. It
pertains solely to the collection of debts owed to the federal
government.
Executive Order 12630 (Taking of Private Property)
This action would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights.''
Executive Order 12988 (Civil Justice Reform)
This action 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.
Executive Order 13045 (Protection of Children)
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (April 23, 1997, 62 FR 19885), requires
that agencies issuing economically significant rules, which also
concern an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, must include
an evaluation of the environmental health and safety effects of the
regulation on children. Section 5 of Executive Order 13045 directs an
agency to submit for a covered regulatory action an evaluation of its
environmental health or safety effects on children. The EAC has
determined that these rules are not covered regulatory actions as
defined under Executive Order 13045. This determination is based upon
the fact that this action is not economically significant under
Executive Order 12866, because the changes proposed would not have an
impact of $100 million or more in any one year, and do not constitute
an environmental health risk or safety risk that would
disproportionately affect children.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on federal programs and activities do
not apply to this rulemaking.
Executive Order 13211 (Energy Supply, Distribution, or Use)
The EAC has analyzed this action under Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.'' This proposal is not a significant
energy action within the meaning of section 4(b) of the Executive
Order. This rule involves internal procedures of the collection of
debts owed to the federal government, is not economically significant,
and will not have a significant adverse effect on the supply,
distribution, or use of energy.
List of Subjects 11 CFR Part 9430
Administrative practice and procedure, Debts, Claims.
0
In consideration of the foregoing, EAC amends title 11, Code of Federal
Regulations, chapter II, by adding Part 9430 to read as follows:
PART 9430--DEBT COLLECTION
Sec.
9430.1 Cross-reference to executive branch-wide debt collection
regulations
9430.2 [Reserved]
9430.3 [Reserved]
9430.4 [Reserved]
9430.5 [Reserved]
Authority: 31 U.S.C. 3716(b); 31 U.S.C. 3711(d)(2); 31 CFR parts
900-904,
Sec. 9430.1 Cross-reference to executive branch-wide debt collection
regulations.
The U.S. Election Assistance Commission adopts the regulations at
31 CFR parts 900-904, governing administrative collection, offset,
compromise, and the suspension or termination of collection activity
for civil claims for money, funds, or property, as defined by 31 U.S.C.
3701(b).
Sec. 9430.2 [Reserved]
Sec. 9430.3 [Reserved]
Sec. 9430.4 [Reserved]
Sec. 9430.5 [Reserved]
Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. E9-13859 Filed 6-11-09; 8:45 am]
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