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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

17331 

Vol. 76, No. 60 

Tuesday, March 29, 2011 

1Public Law 89–508, 80 Stat. 308 (1966), as 

amended by the Debt Collection Act of 1982, Public 

Law 97–365, 96 Stat. 1749 (1982). 

2Public 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). 

5 5 U.S.C. 553(b), (c) and(d)(3). 

6 44 U.S.C. 3501 et seq. 

7 5 U.S.C. 601 et seq. 

8 5 U.S.C. 605(b). 

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. 

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. 

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. 

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

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 


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17332 Federal Register / Vol. 76, No. 60 / Tuesday, March 29, 2011 / Rules and Regulations 

9 Id. 

primarily to Federal employees and a 

limited number of Federal and business 

entities.9

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] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE311; Special Conditions No. 

23–251–SC] 

Special Conditions: Embraer S.A.; 

Model EMB 500; Single-Place SideFacing Seat Dynamic Test 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the installation of a singleplace side-facing seat/lavatory on 

Embraer S.A. EMB 500 aircraft. Sidefacing seats are considered a novel 

design, and their installation in a part 

23 airplane was not envisaged and is not 

adequately addressed in 14 CFR part 23. 

The FAA has determined that the 

existing regulations do not provide 

adequate or appropriate safety standards 

for occupants of single-place side-facing 

seats. In order to provide a level of 

safety that is equivalent to that afforded 

to occupants of forward and aft facing 

seating, additional airworthiness 

standards, in the form of special 

conditions, are necessary. 

DATES: The effective date of these 

special conditions is March 22, 2011. 

Comments must be received on or 

before April 28, 2011. 

ADDRESSES: Comments on these special 

conditions may be mailed in duplicate 

to: Federal Aviation Administration 

(FAA), Regional Counsel, ACE–7, 

Attention: Rules Docket, Docket No. 

CE311, 901 Locust, Room 506, Kansas 

City, Missouri 64106, or delivered in 

duplicate to the Regional Counsel at the 

above address. Comments must be 

marked: Docket No. CE311. Comments 

may be inspected in the Rules Docket 

weekdays, except Federal holidays, 

between 7:30 a.m. and 4 p.m. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bob Stegeman, Federal Aviation 

Administration, Aircraft Certification 

Service, Small Airplane Directorate, 

ACE–111, 901 Locust, Kansas City, 

Missouri, 816–329–4140, fax 816–329– 

4090, e-mail Robert.Stegeman@faa.gov. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the approval design and 

thus delivery of the affected aircraft. 

The FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

Background 

On December 26, 2009, Embraer S.A. 

submitted request for a change to type 

certificate No. A59CE for a design 

change application (DCA) for 

installation of a side-facing belted toilet 

in the EMB–500 airplane. The 

implication of the term belted is that the 

toilet will be used for a passenger seat 

during takeoff and landing and so must 

comply with the provisions of 14 CFR 

§§ 23.562 and 23.785 (in addition to the 

certification basis as established in type 

certificate A59CE) and any additional 

requirements that the FAA determines 

are applicable. In this case, the approval 

of a side-facing seat to these provisions 

is considered new and novel and, as 

such, will require special conditions 

and specific methods of compliance to 

certificate. 

14 CFR part 23 was amended August 

8, 1988, by Amendment 23–36, to revise 

the emergency landing conditions that 

must be considered in the design of the 

airplane. Amendment 23–36 revised the 

static load conditions in § 23.561, and 

added a new § 23.562 that required 

dynamic testing for all seats approved 

for occupancy during takeoff and 

landing. The intent of Amendment 23– 

36 is to provide an improved level of 

safety for occupants on part 23 

airplanes. Because most seating is 

forward-facing in part 23 airplanes, the 

pass/fail criteria developed in 

Amendment 23–36 focused primarily on 

these seats. Since the regulations do not 

address side-facing seats, these criteria 

should be documented in special 

conditions. 

The FAA decided to review 

compliance with these regulations 

because the current regulations do not 

provide adequate and appropriate 

standards for the type certification of 

this type of seat. 

These requirements are substantially 

similar to other single place side-facing 

seat installations approved for use on 

several different 14 CFR part 25 

airplanes. 

Type Certification Basis 

Under the provisions of § 21.101, 

Embraer S.A. must show that the model 

EMB 500, as modified, continues to 

meet the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. A59CE or the 

applicable regulations in effect on the 

date of application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ The regulations 

incorporated by reference in Type 

Certificate No. A59CE are as follows: 


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