Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 40521 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action will not have substantial direct 

effects on the states, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132 (64 

FR 43255, August 10, 1999), because it 

merely authorizes state requirements as 

part of the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a state’s application for authorization as 

long as the state meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

authorization application to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally 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. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This action will be 

effective October 13, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indians-lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: July 14, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–19315 Filed 8–11–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

49 CFR Part 89 

[Docket No. OST–2008–0329] 

RIN 2105–AD78 

Administrative Wage Garnishment 

AGENCY: Office of the Secretary of 

Transportation (OST), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule will implement 

the authority established under the Debt 

Collection Improvement Act of 1996 

(DCIA) for DOT to collect the 

Department’s past due indebtedness 

through administrative wage 

garnishment. The final rule will adopt, 

without change, the hearing procedures 

issued by the Department of the 

Treasury implementing administrative 

wage garnishment under the DCIA. This 

final rule would apply only to 

individuals who are not Federal 

employees. The final rule also will 

amend regulations on procedures for the 

collection of claims to conform DOT 

regulations to applicable provisions of 

the DCIA. 

DATES: This rule is effective September 

11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Edward C. Ramos, Collections 

Specialist, Office of the Secretary of 

Transportation, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590; 

(202) 366–5905. Hearing and speechimpaired persons may access this 

number via TTY by calling the Federal 

Information Relay Service at 1–800– 

877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1996, Congress enacted the Debt 

Collection Improvement Act of 1996 

(Pub. L. 104–134, 110 Stat. 1321–1358, 

approved April 26, 1996), which 

amended the Debt Collection Act of 

1982. Section 31001(o) of the DCIA 

authorizes collection of Federal agency 

debt by administrative wage 

garnishment (section 31001(o) is 

codified at 31 U.S.C. 3720D). Wage 

garnishment is a legal process whereby 

an employer withholds amounts from 

an employee’s wages and pays those 

amounts to the employee’s creditor in 

satisfaction of a withholding order. The 

DCIA authorizes Federal agencies to 

garnish up to 15% of the disposable pay 

of a debtor to satisfy delinquent nontax 

debt owed to the United States. Prior to 

the enactment of the DCIA, agencies 

were required to obtain a court 

judgment before garnishing the wages of 

non-Federal employees. 

The DCIA directed the Secretary of 

the Treasury to issue implementing 

regulations (see 31 U.S.C. 3720D(h)) on 

this subject. On May 6, 1998 (63 FR 

25136), the Department of the Treasury 

published a final rule implementing the 

statutory administrative wage 

garnishment requirements at 31 CFR 

285.11. Paragraph (f) of 31 CFR 285.11 

provides that ‘‘[a]gencies shall prescribe 

regulations for the conduct of 

administrative wage garnishment 

hearings consistent with this section or 

shall adopt this section without change 

by reference.’’ Under the DCIA, the 

Treasury Department serves as a 

coordinator for Federal debt collection 

through its Treasury Offset Program. 

This final rule would amend DOT’s 

regulations at 49 CFR part 89, subpart B 

to adopt 31 CFR 285.11 in its entirety. 

Specifically, the final rule would 

establish a new 49 CFR 89.35 that 

would contain a cross-reference to 31 

CFR 285.11. 

On December 5, 2008, the DOT 

published a notice of proposed 


jlentini on DSKJ8SOYB1PROD with RULES
40522 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 

rulemaking in the Federal Register for 

the public to comment, as required. 

DOT received no comments from the 

public on this rule. 

Overview of the Administrative Wage 

Garnishment Process 

Readers should refer to the 

Department of the Treasury regulation at 

31 CFR 285.11 for details regarding the 

administrative wage garnishment 

procedures that would be adopted by 

this final rule. For the convenience of 

readers, the following presents a very 

brief overview of the rules and 

procedures codified at 31 CFR 285.11. 

1. Notice to debtor. At least 30 days 

before the agency initiates garnishment 

proceedings, the agency will give the 

debtor written notice informing him or 

her of the nature and amount of the 

debt, the intention of the agency to 

collect the debt through deductions 

from pay, and an explanation of the 

debtor’s rights regarding the proposed 

action. 

2. Rights of debtor. The agency will 

provide the debtor with an opportunity 

to inspect and copy records related to 

the debt, to establish a repayment 

agreement, and to receive a hearing 

concerning the existence or amount of 

the debt and the terms of a repayment 

schedule. A hearing must be held prior 

to the issuance of a withholding order 

if the debtor’s request is timely received. 

For hearing requests that are not 

received in the specified timeframe, the 

agency need not delay the issuance of a 

withholding order prior to conducting a 

hearing. An agency may not garnish the 

wages of a debtor who has been 

involuntarily separated from 

employment until that individual has 

been reemployed continuously for at 

least 12 months. The debtor bears the 

responsibility of notifying the agency of 

the circumstances surrounding an 

involuntary separation from 

employment. 

3. Hearing official. The Department of 

the Treasury regulations authorize the 

head of each agency to designate any 

qualified individual as a hearing 

official. This final rule would provide 

that any hearing required to establish 

DOT’s right to collect a debt through 

administrative wage garnishment will 

be conducted by a qualified individual 

selected by the Secretary of 

Transportation. The hearing official is 

required to issue a written decision no 

later than 60 days after the request for 

a hearing is made. The hearing official’s 

decision is the final agency action for 

purposes of judicial review. 

4. Employer’s responsibilities. The 

Treasury Department will send to the 

employer of a delinquent debtor a wage 

garnishment order directing that the 

employer pay a portion of the debtor’s 

wages to the Federal Government. The 

employer is required to certify certain 

payment information about the debtor. 

Employers are not required to vary their 

normal pay cycles in order to comply 

with these requirements. Employers are 

prohibited from taking disciplinary 

actions against the debtor because the 

debtor’s wages are subject to 

administrative garnishment. An agency 

may sue an employer for amounts not 

properly withheld from the wages 

payable to the debtor. 

5. Garnishment amounts. As provided 

in the DCIA, no more than 15% of the 

debtor’s disposable pay for each pay 

period may be garnished. Special rules 

apply to calculating the amount to be 

withheld from a debtor’s pay that is 

subject to multiple withholding orders. 

A debtor may request a review by the 

agency of the amount being garnished 

under a wage garnishment order based 

on materially changed circumstances, 

such as disability, divorce, or 

catastrophic illness, which result in 

financial hardship. 

Rulemaking Analyses and Notices 

E.O. 12866 and DOT Regulatory Policies 

and Procedures 

The agency has evaluated this final 

rule in accordance with existing 

regulatory policies and procedures and 

has concluded that it is a nonsignificant 

regulatory action under E.O. 12866, and 

a nonsignificant rule under section 

5(a)(4) of the DOT Regulatory Policies 

and Procedures (44 FR 11034, February 

26, 1979). 

The final rule is not a significant 

regulatory action under E.O. 12866 

because it will not have an annual effect 

on the economy of $100 million or more 

or adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; will not create a serious 

inconsistency with an action planned or 

underway by another Federal agency; 

will not materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; and 

will not raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

of the Executive Order. 

Regulatory Flexibility Act 

The Secretary, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed and approved this 

final rule, and in so doing certifies that 

this final rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Although many small employers will be 

subject to the requirements of this final 

rule, the requirements will not have a 

significant economic impact on these 

entities. 

Employers of delinquent debtors must 

certify certain information about the 

debtor such as the debtor’s employment 

status and earnings. This information is 

contained in the employer’s payroll 

records. Therefore, it will not take a 

significant amount of time or result in 

a significant cost for an employer to 

complete the certification form. Even if 

an employer is served withholding 

orders on several employees over the 

course of a year, the cost imposed on the 

employer to complete the certifications 

would not have a significant economic 

impact on an entity. Employers are not 

required to vary their normal pay cycles 

in order to comply with a withholding 

order issued pursuant to this final rule. 

Executive Order 13132 (Federalism) 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

State and local governments and is not 

required by statute, or the rule preempts 

State law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. 

This final rule does not have 

federalism implications and does not 

impose substantial direct compliance 

costs on State and local governments or 

preempt State law within the meaning 

of the Executive Order. 

Executive Order 13084 

This rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this rule would not 

significantly or uniquely affect the 

Indian tribal communities, and would 

not impose substantial direct 

compliance costs, the funding and 

consultation requirements of the 

Executive Order do not apply. 

Unfunded Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 establishes 

requirements for Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

This rule would not impose a Federal 

mandate on any State, local, or tribal 

government, or on the private sector, 


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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 40523 

within the meaning of the Unfunded 

Mandates Reform Act of 1995. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this program. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) addresses the 

collection of information by the Federal 

government from individuals, small 

businesses and State and local 

government and seeks to minimize the 

burdens such information collection 

requirements might impose. A 

collection of information includes 

requiring answers to identical questions 

posed to, or identical reporting or 

recordkeeping requirements imposed 

on, ten or more persons, other than 

agencies, instrumentalities or employees 

of the United States. 

This final rule contains information 

that would apply to individuals and 

possibly small entities. However, there 

are no reporting or other collection 

requirements associated with this final 

rule, even though it relates to an 

employer’s certification of certain 

information about the debtor, such as 

the debtor’s employment status and 

earnings, which would be inquiries on 

a one-time basis. In any case, comments 

in this area are welcomed. 

National Environmental Policy Act 

In accordance with 24 CFR 50.19(c)(1) 

of the Department’s regulations, this 

final rule does not direct, provide for 

assistance or loan and mortgage 

insurance for, or otherwise govern or 

regulate, real property acquisition, 

disposition, leasing, rehabilitation, 

alteration, demolition, or new 

construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Therefore, this 

final rule is categorically excluded from 

the requirements of the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). 

Energy Impact 

Executive Order 13211 requires 

Federal agencies to prepare a Statement 

of Energy Effects for any ‘‘significant 

energy action.’’ See 66 FR 28355 (May 

22, 2001). Under the Executive Order a 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to the 

promulgation of a final rule or 

regulation, including notices of inquiry, 

advance notices of final rulemaking, and 

notices of final rulemaking: (1)(i) That is 

a significant regulatory action under 

Executive Order 12866 or any successor 

order, and (ii) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy; or (2) that 

is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs as a significant energy action. 

OST has evaluated this final rule in 

accordance with Executive Order 13211. 

The Department has determined that 

this final rule is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Consequently, the Department has 

determined that this final rule is not a 

‘‘significant energy action’’ within the 

meaning of the Executive Order. 

Privacy Act Statement 

Anyone is able to search the 

electronic form of all comments 

received into any of DOT’s dockets by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc). You may 

review DOT’s complete Privacy Act 

Statement published in the Federal 

Register on April 11, 2000 (Volume 65, 

Number 70, Pages 19477–78) or you 

may visit: http://www.regulations.gov. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this document can be 

used to cross reference this action with 

the Unified Agenda. 

List of Subjects in 49 CFR Part 89 

Claims, Income taxes. 

The Final Rule 

■ For the reasons set forth in the 

preamble, OST amends Part 89 of 

chapter I, subtitle A of title 49, Code of 

Federal Regulations, as set forth below: 

PART 89—IMPLEMENTATION OF THE 

FEDERAL CLAIMS COLLECTION ACT 

■ 1. The authority citation for 49 CFR 

part 89, subpart B is revised to read as 

follows: 

Authority: Public Law 89–508; Public Law 

89–365, secs. 3, 10, 11, 13(b), 31 U.S.C. 3701– 

3720A; Public Law 98–167; Public Law 98– 

369; Public Law 99–578; Public Law 101– 

552, 31 U.S.C. 3711(a)(2); 31 CFR 3711, 

3716–3720E. 

■ 2. Add § 89.35 to subpart B to read as 

follows: 

§ 89.35 Administrative wage garnishment. 

(a) General. The Secretary may use 

administrative wage garnishment for 

debts referred to cross-servicing at 

Financial Management Service, 

Department of Treasury. Regulations in 

31 CFR 285.11 govern the collection of 

debts owed to federal agencies through 

administrative wage garnishment. 

Whenever the Financial Management 

Service collects a debt for the Secretary 

using administrative wage garnishment, 

the statutory administrative 

requirements in 31 CFR 285.11 will 

govern. 

(b) Hearing official. Any hearing 

required to establish the Secretary’s 

right to collect a debt through 

administrative wage garnishment shall 

be conducted by a qualified individual 

selected at the discretion of the 

Secretary of Transportation, as specified 

in 31 CFR 285.11. The qualified 

individual may include an 

Administrative Law Judge. 

Issued this 30th day of July 2009, at 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. E9–19344 Filed 8–11–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0810141351–9087–02] 

RIN 0648–XQ93 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel Lottery 

in Areas 542 and 543 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fishery 

assignments. 

SUMMARY: NMFS is notifying the owners 

and operators of registered vessels of 

their assignments for the 2009 B season 

Atka mackerel fishery in harvest limit 

area (HLA) 542 and/or 543 of the 

Aleutian Islands subarea of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

allow the harvest of the 2009 B season 

HLA limits established for area 542 and 

area 543 pursuant to the final 2009 and 


jlentini on DSKJ8SOYB1PROD with RULES