Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations 19877 

(4) Repayments of public funds under 

the Presidential Election Campaign 

Fund Act, 26 U.S.C. 9001 et seq.; or 

(5) Repayment of public funds under 

the Presidential Primary Matching 

Payment Account Act, 26 U.S.C. 9031 et 

seq. 

(c) The procedures covered by this 

subpart do not apply to any of the 

following debts: 

(1) Debts that result from 

administrative activities of the 

Commission that are governed by 11 

CFR part 8. 

(2) Debts involving criminal actions of 

fraud, the presentation of a false claim, 

or misrepresentation on the part of the 

debtor or any other person having an 

interest in the claim. 

(3) Debts based in whole or in part on 

conduct in violation of the antitrust 

laws. 

(4) Debts under the Internal Revenue 

Code of 1986. 

(5) Debts between the Commission 

and another Federal agency. The 

Commission will attempt to resolve 

interagency claims by negotiation in 

accordance with Executive Order 12146, 

3 CFR pp. 409–12 (1980 Comp.). 

(6) Debts that have become subject to 

salary offset under 5 U.S.C. 5514. 

§ 111.52 Administrative collection of 

claims. 

(a) The Commission shall act to 

collect all claims or debts. These 

collection activities will be undertaken 

promptly and follow up action will be 

taken as appropriate in accordance with 

31 CFR 901.1. 

(b) The Commission may take any and 

all appropriate collection actions 

authorized and required by the Debt 

Collection Act of 1982, as amended by 

the Debt Collection Improvement Act of 

1996, 31 U.S.C. 3701 et seq. The U.S. 

Department of the Treasury regulations 

at 31 CFR 285.2, 285.4, 285.7, and 

285.11, and the Federal Claims 

Collection Standards issued jointly by 

the Department of Justice and the U.S. 

Department of the Treasury at 31 CFR 

parts 900–904, also apply. The 

Commission has adopted these 

regulations by cross-reference. 

(c) The Commission will refer to the 

Dept. of Treasury all debt that has been 

delinquent for more than 180 days, and 

may refer to the Dept. of Treasury any 

debt that has been delinquent for 180 

days or less. On behalf of the 

Commission, the U.S. Department of the 

Treasury will attempt to collect the 

debt, in accordance with the statutory 

and regulatory requirements and 

authorities applicable to the debt and 

action. This may include referral to 

another debt collection center, or a 

private collection contractor. See 31 

CFR 285.12 (Transfer of debts to 

Treasury for collection). This 

requirement does not apply to any debt 

that: 

(1) Is in litigation or foreclosure; 

(2) Will be disposed of under an 

approved asset sale program; 

(3) Has been referred to a private 

collection contractor for a period of time 

acceptable to the U.S. Department of the 

Treasury; or 

(4) Will be collected under internal 

offset procedures within three years 

after the debt first became delinquent. 

(d) The U.S. Department of the 

Treasury is authorized to charge a fee 

for services rendered regarding referred 

or transferred debts. The Commission 

will add the fee to the debt as an 

administrative cost, in accordance with 

11 CFR 111.55. 

§ 111.53 Litigation by the Commission. 

Nothing in this subpart C precludes 

the Commission from filing suit in the 

appropriate court to enforce compliance 

with a conciliation agreement under 2 

U.S.C. 437g(a)(5)(D), seek a civil money 

penalty under 2 U.S.C. 437g(a)(6), 

petition the court for a contempt order 

under 2 U.S.C. 437g(a)(11), or otherwise 

exercise its authority to enforce or 

administer the statutes specified in 11 

CFR 111.51(a). 

§ 111.54 Bankruptcy claims. 

When the Commission learns that a 

bankruptcy petition has been filed by a 

debtor, before proceeding with further 

collection action, the Commission will 

take any necessary action in accordance 

with the provision of 31 CFR 901.2(h). 

§ 111.55 Interest, penalties, and 

administrative costs. 

(a) The Commission shall assess 

interest, penalties, and administrative 

costs on debts owed to the United States 

Government, pursuant to 31 U.S.C. 

3717. Interest, penalties, and 

administrative costs will be assessed in 

accordance with 31 CFR 901.9. 

(b) The Commission shall waive 

collection of interest and administrative 

costs on a debt or any portion of the 

debt that is paid within thirty days after 

the date on which the interest begins to 

accrue. 

(c) The Commission may waive 

collection of interest, penalties, and 

administrative costs if it: 

(1) Determines that collection is 

against equity and good conscience or 

not in the best interest of the United 

States, including when an 

administrative offset or installment 

agreement is in effect; or 

(2) Determines that waiver is 

appropriate under the criteria for 

compromise of debts set forth at 31 CFR 

902.2(a). 

(d) The Commission is authorized to 

impose interest and related charges on 

debts not subject to 31 U.S.C. 3717, in 

accordance with common law. 

Dated: April 12, 2010. 

On behalf of the Commission. 

Matthew S. Petersen, 

Chairman, Federal Election Commission. 

[FR Doc. 2010–8736 Filed 4–15–10; 8:45 am] 

BILLING CODE 6715–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 63, and 65 

[Docket No. FAA–2009–0923; Special 

Federal Aviation Regulation No. 100–2] 

RIN 2120–AJ54 

Relief for U.S. Military and Civilian 

Personnel Who Are Assigned Outside 

the United States in Support of U.S. 

Armed Forces Operations 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Confirmation of effective date. 

SUMMARY: This action confirms the 

direct final rule issued March 4, 2010, 

which becomes effective June 20, 2010. 

The rule changes SFAR 100–1 with an 

expiration date from June 20, 2010, to 

SFAR 100–2 with an expiration of until 

further notice. 

DATES: The effective date for the direct 

final rule that published in the Federal 

Register on March 4, 2010 (75 FR 9763) 

is confirmed as June 20, 2010. 

FOR FURTHER INFORMATION CONTACT: R. 

Lance Nuckolls, AFS–810, General 

Aviation and Commercial Division, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–8212. 

For legal questions about this SFAR, 

contact: Michael Chase, AGC–240, 

Office of Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 267–3110; e-mail to 

michael.chase@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA is replacing Special Federal 

Aviation Regulation 100–1 (SFAR 100– 

1), with SFAR 100–2 that continues to 

allow Flight Standards District Offices 

(FSDOs) to accept expired flight 

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19878 Federal Register / Vol. 75, No. 73 / Friday, April 16, 2010 / Rules and Regulations 

instructor certificates and inspection 

authorizations for renewals from U.S. 

military and civilian personnel (U.S. 

personnel) who are assigned outside the 

United States in support of U.S. Armed 

Forces operations. SFAR 100–2 also 

continues to allow FSDOs to accept 

expired airman written test reports for 

certain practical tests from U.S. 

personnel who are assigned outside the 

United States in support of U.S. Armed 

Forces operations. This action is 

necessary to avoid penalizing U.S. 

personnel who are unable to meet the 

regulatory time limits of their flight 

instructor certificate, inspection 

authorization, or airman written test 

report because they are serving outside 

the United States in support of U.S. 

Armed Forces operations. The effect of 

this action is to give U.S. personnel who 

are assigned outside the United States in 

support of U.S. Armed Forces 

operations extra time to meet certain 

eligibility requirements in the current 

rules. 

The FAA received no comments on 

Relief for U.S. Military and Civilian 

Personnel Who Are Assigned Outside 

the United States in Support of U.S. 

Armed Forces Operations direct final 

rule. 

Availability of Docket 

The complete docket for the direct 

final rule entitled Relief for U.S. 

Military and Civilian Personnel Who 

Are Assigned Outside the United States 

in Support of U.S. Armed Forces 

Operations, Docket No. FAA–2009–0923 

may be examined at http:// 

www.regulations.gov at any time or go to 

Docket Operations in Room W12–140 of 

the West Building, Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Conclusion 

In consideration that no comments 

were submitted in response to the direct 

final rule, the FAA has determined that 

no further rulemaking action is 

necessary. SFAR 100–2 remains in effect 

as adopted. 

Issued in Washington, DC, on April 12, 

2010. 

Pamela Hamilton-Powell, 

Director of Rulemaking, ARM–1. 

[FR Doc. 2010–8696 Filed 4–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 279 

[Docket ID DOD–2009–OS–0141; RIN 0790– 

AI59] 

Retroactive Stop Loss Special Pay 

Compensation 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Final rule. 

SUMMARY: This rule provides for 

Retroactive Stop Loss Special Pay as 

authorized and appropriated in The 

Supplemental Appropriations Act, 

2009. This program is of short duration, 

from October 21, 2009, to October 21, 

2010. The last day for submission of 

claims to the Secretaries of the Military 

Departments for Retroactive Stop Loss 

Special Pay is October 21, 2010. The 

Secretaries concerned are not 

authorized to make payments on claims 

submitted after October 21, 2010. 

DATES: This rule is effective October 21, 

2009, to comply with section 310 of 

Public Law 111–32 that calls for the 

Secretary of Defense to issue a rule not 

later than 120 days from the date of 

enactment of the Act. The change of 

eligibility for Retroactive Stop Loss 

Special Pay is effective on December 19, 

2009, the enactment date of the 2010 

Department of Defense Appropriations 

Act. 

FOR FURTHER INFORMATION CONTACT: LTC 

Brigitte Williams, (703) 614–3973. 

SUPPLEMENTARY INFORMATION: This 

action provides for Retroactive Stop 

Loss Special Pay as authorized and 

appropriated in The Supplemental 

Appropriations Act, 2009 (Section 310 

of Pub. L. 111–32) and as described in 

this rule. 

An interim final rule was published 

October 23, 2009, with an effective date 

of October 21, 2009 (74 FR 54751 

through 54754). No comments were 

received on the interim final rule. 

However, the Department of Defense 

Appropriations Act, 2010, Section 8108, 

contains statutory provisions that 

modify eligibility for Retroactive Stop 

Loss Pay and extend payments for Stop 

Loss Special Pay to active duty Service 

members serving under the Stop Loss 

authority through FY2010. 

Under these provisions, Service 

members who voluntarily reenlisted or 

extended their service or suspended 

their retirement and received a bonus 

for such reenlistment or extension of 

service are not eligible to receive the 

Retroactive Stop Loss Special Pay. The 

change of eligibility for Retroactive Stop 

Loss Special Pay is effective on 

December 19, 2009. The Secretaries of 

the Military Departments and Director, 

DFAS, shall stop all payments on 

applications from the newly ineligible 

applicants regardless of when received 

or approved. These applications will be 

returned to the claimant with an 

explanation of the change in law that 

made them ineligible. There will be no 

recoupment of payments made, prior to 

December 19, 2009. Additionally, DoD 

has determined that good cause exists 

for exemption from public comment of 

these changes and their effective date as 

they are in direct compliance with the 

statute. 

The amount of special pay remains 

$500 per month. If an eligible member 

dies before the payment is made, the 

Secretary of the Military Department 

concerned shall make the payment in 

accordance with Section 2771 of title 

10, United States Code. 

A new paragraph (b) has been added 

to § 279.2 of the final rule to reflect the 

change in eligibility. A new paragraph 

(c) has added to § 279.3 of the final rule 

to reflect the payment rules when an 

eligible member dies before payment 

can be made. 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

279 does: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribal governments or 

communities. The Supplemental 

Appropriations Act, 2009 appropriated 

$534,400,000 to the Department of 

Defense, to remain available for 

obligation until expended: Provided, 

that such funds shall be available to the 

Secretaries of the military departments 

only to make payment of claims 

specified by this law. 

It has been certified that 32 CFR part 

279 does not: 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

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