[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Rules and Regulations]
[Pages 17331-17332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7341]
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Rules and Regulations
Federal Register
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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
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Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules
and Regulations
[[Page 17331]]
FEDERAL HOUSING FINANCE AGENCY
12 CFR Part 1208
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
12 CFR Part 1704
RIN 2590-AA15
Debt Collection
AGENCY: Federal Housing Finance Agency; Office of Federal Housing
Enterprise Oversight.
ACTION: Final rule.
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SUMMARY: The Federal Housing Finance Agency (FHFA) publishes this final
rule to adopt, without change, the interim final rule that was
published in the Federal Register on November 10, 2010, setting forth
procedures for use by FHFA in collecting debts owed to the Federal
Government. The final rule implements the requirements of the Federal
Claims Collection Act and the Debt Collection Improvement Act of 1996,
and includes procedures for collection of debts through salary offset,
administrative offset, tax refund offset, and administrative wage
garnishment.
DATES: The final rule is effective on March 29, 2011.
FOR FURTHER INFORMATION CONTACT: Andra Grossman, Senior Counsel,
telephone (202) 343-1313 or Gail F. Baum, Associate General Counsel,
telephone (202) 343-1508 (not toll-free numbers); Federal Housing
Finance Agency, Fourth Floor, 1700 G Street, NW., Washington, DC 20552.
The telephone number for the Telecommunications Device for the Deaf is
(800) 877-8339.
SUPPLEMENTARY INFORMATION:
A. Debt Collection
On November 10, 2010, FHFA published an interim final rule in the
Federal Register at 75 FR 68956. This final rule adopts, without
change, that interim final rule that set forth procedures for use by
FHFA in collecting debts owed to the Federal Government. The final rule
implements the requirements of the Federal Claims Collection Act \1\
and the Debt Collection Improvement Act of 1996 (DCIA).\2\ The DCIA
requires agencies to either (1) adopt without change regulations on
collecting debts by administrative offset promulgated by the Department
of Justice or Department of the Treasury; or (2) prescribe agency
regulations for collecting such debts by administrative offset, which
are consistent with the Federal Claims Collection Standards (FCCS).\3\
The agency regulations are to protect the minimum due process rights
that must be afforded to a debtor when an agency seeks to collect a
debt, including the ability to verify, challenge, and compromise
claims, and provide access to administrative appeals procedures which
are both reasonable and protect the interests of the United States.
FHFA issued its own agency regulations for debt collection, to account
for FHFA's status as an independent regulatory agency, and for ease of
use. The final rule is consistent with the FCCS, as required by the
DCIA. In addition, the tax refund offset provisions of the regulations
satisfy the requirement of the Internal Revenue Service (IRS) that FHFA
adopt agency regulations authorizing its collection of debts by
administrative offset in general and tax refund offset in
particular.\4\ The administrative wage garnishment provisions of the
regulations satisfy the requirement in 31 CFR 285.11(f) that FHFA adopt
regulations for the conduct of administrative wage garnishment
hearings.
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\1\ Public Law 89-508, 80 Stat. 308 (1966), as amended by the
Debt Collection Act of 1982, Public Law 97-365, 96 Stat. 1749
(1982).
\2\ Public Law 104-134, 110 Stat. 1321 (1996).
\3\ 31 U.S.C. 3716.
\4\ 31 U.S.C. 3720A(b)(4); 26 CFR 301.6402-6(b);31 CFR 285.2(c).
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B. Effective Date
This final rule, without change, affirms the establishment of 12
CFR part 1208 and removal of 12 CFR part 1704 by the interim final rule
that is already in effect. FHFA determined that the interim final rule
pertains to agency practice and procedure and is interpretative in
nature. The procedures contained in the interim final rule for salary
offset, administrative offset, tax refund offset, and administrative
wage garnishment are mandated by law and by regulations promulgated by
the Office of Personnel Management, jointly by the Department of the
Treasury and the Department of Justice, and by the IRS. FHFA determined
that the interim final rule was not subject to the Administrative
Procedure Act (APA) and the requirements of the APA for a notice and
comment period and for a delayed effective date.\5\ While the interim
final rule became effective on November 10, 2010, FHFA provided a 60-
day comment period that ended on January 10, 2011. FHFA did not receive
any comments. Based on the rationale set forth in the interim final
rule, FHFA adopts the provisions of the interim final rule as a final
rule without any changes.
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\5\ 5 U.S.C. 553(b), (c) and(d)(3).
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Regulatory Impact
Paperwork Reduction Act
The final rule does not contain any information collection
requirement that requires the approval of the Office of Management and
Budget under the Paperwork Reduction Act.\6\
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\6\ 44 U.S.C. 3501 et seq.
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Regulatory Flexibility Act
The Regulatory Flexibility Act requires that a regulation that has
a significant economic impact on a substantial number of small
entities, small businesses, or small organizations must include an
initial regulatory flexibility analysis describing the regulation's
impact on small entities.\7\ Such an analysis need not be undertaken if
the agency has certified that the regulation will not have a
significant economic impact on a substantial number of small
entities.\8\ FHFA has considered the impact of the final rule under the
Regulatory Flexibility Act. FHFA certifies that the final rule is not
likely to have a significant economic impact on a substantial number of
small business entities because the rule applies
[[Page 17332]]
primarily to Federal employees and a limited number of Federal and
business entities.\9\
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\7\ 5 U.S.C. 601 et seq.
\8\ 5 U.S.C. 605(b).
\9\ Id.
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List of Subjects
12 CFR Part 1208
Administrative practice and procedure, Claims, Debt collection,
Government employees, Wages.
12 CFR Part 1704
Administrative practice and procedure, Debt collection.
PART 1208--DEBT COLLECTION
PART 1704--[REMOVED]
Authority and Issuance
Accordingly, the interim final rule establishing 12 CFR part 1208
and removing 12 CFR part 1704 that was published in the Federal
Register at 75 FR 68956 on November 10, 2010, is adopted as a final
rule without change.
Dated: March 18, 2011.
Edward J. DeMarco,
Acting Director, Federal Housing Finance Agency.
[FR Doc. 2011-7341 Filed 3-28-11; 8:45 am]
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