40518 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 

§ 180.155 1-Naphthaleneacetic acid; 

tolerances for residues. 

(a) General. (1) * * *

(2) * * *

(b) Section 18 emergency exemptions. 

Time-limited tolerances specified in the 

following table are established for 

residues of the ethyl ester of 1- 

naphthaleneacetic acid in or on the 

following raw agricultural commodities 

resulting from use of the pesticide 

pursuant to FIFRA section 18 

emergency exemptions. The tolerances 

expire and are revoked on the date 

specified in the following table. 

Commodity Parts per million Expiration/revocation date 

avocado 0.05 December 31, 2012 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

* * * * * 

[FR Doc. E9–19200 Filed 8–11–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2009–0341; FRL–8941–1] 

Colorado: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Solid Waste Disposal Act, 

as amended, commonly referred to as 

the Resource Conservation and 

Recovery Act (RCRA), allows the 

Environmental Protection Agency (EPA) 

to authorize states to operate their 

hazardous waste management programs 

in lieu of the federal program. Colorado 

has applied to the EPA for final 

authorization of changes to its 

hazardous waste program under RCRA. 

EPA has determined that these changes 

satisfy all requirements needed to 

qualify for final authorization, and is 

authorizing the state’s changes through 

this immediate final action. 

DATES: This final authorization will 

become effective on October 13, 2009 

unless the EPA receives adverse written 

comments by September 11, 2009. If 

adverse written comments are received, 

EPA will publish a timely withdrawal of 

this immediate final rule in the Federal 

Register and inform the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R08– 

RCRA–2009–0341, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: cosentini.christina@epa.gov. 

• Fax: (303) 312–6341. 

• Mail: Christina Cosentini, Region 8, 

Solid and Hazardous Waste Program, 

U.S. EPA, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

phone number: (303) 312–6231. 

• Hand Delivery or Courier: Deliver 

your comments to Christina Cosentini, 

Region 8, Solid and Hazardous Waste 

Program, Mailcode 8P–HW, U.S. EPA, 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, phone number: 

(303) 312–6231. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–RCRA–2009– 

0341. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information, 

disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected from disclosure through 

http://www.regulations.gov, or e-mail. 

The federal Web site, http:// 

www.regulations.gov, is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov.index. Although 

listed in the index, some information 

may not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy 

from 9 a.m. to 4 p.m. at: EPA Region 8, 

1595 Wynkoop Street, Denver, 

Colorado, contact: Christina Cosentini, 

phone number (303) 312–6231, or the 

Colorado Department of Public Health 

and Environment, 4300 Cherry Creek 

Drive South, Denver, Colorado 80222– 

1530, contact: Randy Perila, phone 

number (303) 692–3364. The public is 

advised to call in advance to verify 

business hours. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini, (303) 312–6231, 

cosentini.christina@epa.gov or Randy 

Perila, (303) 692–3364, 

randy.perila@state.co.us. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States that have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, states must change their 

programs and ask the EPA to authorize 

the changes. Changes to state programs 

may be necessary when Federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, states must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273, and 

279. 

B. What Decisions Have We Made in 

This Rule? 

We conclude that Colorado’s 

application to revise its authorized 

program meets all of the statutory and 


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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 40519 

regulatory requirements established by 

RCRA. Therefore, we grant Colorado 

Final Authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Colorado has responsibility 

for permitting Treatment, Storage, and 

Disposal Facilities (TSDFs) within its 

borders, except in Indian country, and 

for carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

New Federal requirements and 

prohibitions imposed by Federal 

regulations that the EPA promulgates 

under the authority of HSWA take effect 

in authorized states before they are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in 

Colorado including issuing permits, 

until Colorado is authorized to do so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

This decision means that a facility in 

Colorado subject to RCRA will now 

have to comply with the authorized 

state requirements instead of the 

equivalent Federal requirements in 

order to comply with RCRA. Colorado 

has enforcement responsibilities under 

its state hazardous waste program for 

violations of such program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: (1) Conduct inspections, and require 

monitoring, tests, analyses, or reports; 

(2) enforce RCRA requirements, suspend 

or revoke permits, and, (3) take 

enforcement action regardless of 

whether Colorado has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Colorado is being 

authorized by this action are already 

effective under state law, and are not 

changed by this action. 

D. Why Wasn’t There a Proposed Rule 

Before Today’s Rule? 

EPA did not publish a proposal before 

this rule because we view this as a 

routine program change. We are 

providing an opportunity for the public 

to comment now. In addition to this 

rule, we are publishing a separate 

document that proposes to authorize the 

state program changes in the proposed 

rules section of today’s Federal 

Register. 

E. What Happens if the EPA Receives 

Comments That Oppose This Action? 

If the EPA receives comments that 

oppose this authorization, we will 

withdraw this rule by publishing a 

document in the Federal Register before 

the rule becomes effective. We will then 

address all public comments in a later 

Federal Register notice. You may not 

have another opportunity to comment. If 

you want to comment on this 

authorization, you must do so at this 

time. 

If we receive comments that oppose 

only the authorization of a particular 

change to the Colorado hazardous waste 

program, we will withdraw only that 

part of this rule, but the authorization of 

the program changes that the comments 

do not oppose will become effective on 

the date specified in this document. The 

Federal Register withdrawal document 

will specify which part of the 

authorization will become effective, and 

which part is being withdrawn. 

F. For What Has Colorado Previously 

Been Authorized? 

Colorado initially received final 

authorization on October 19, 1984, 

effective November 2, 1984 (49 FR 

41036), to implement the RCRA 

hazardous waste management program. 

We granted authorization for changes to 

the state’s program on: October 24, 

1986, effective November 7; 1986 (51 FR 

37729), May 15, 1989, effective July 14, 

1989 (54 FR 20847); May 10, 1991, 

effective July 9, 1991 (56 FR 21601); 

April 7, 1994, effective June 6, 1994 (59 

FR 16568); November 14, 2003, effective 

January 13, 2004 (68 FR 64550) and 

March 12, 2008 (73 FR 13141) effective 

May 12, 2008. 

G. What Changes Are We Approving 

With Today’s Action? 

Colorado submitted a final complete 

program application on December 20, 

2006, seeking authorization of their 

changes in accordance with 40 CFR 

271.21. We now make an immediate 

final decision, subject to receipt of 

written comments that oppose this 

action, that Colorado’s hazardous waste 

program revisions satisfy all of the 

requirements necessary to qualify for 

final authorization. The state of 

Colorado is not seeking to be authorized 

for Methods Innovation Rule and SW– 

846 Update (Checklist 208). Rather, 

Colorado’s revisions consist of 

regulations that specifically govern 

Federal Hazardous Waste revisions 

promulgated from July 1, 2004 through 

June 30, 2005 (RCRA Clusters XV). 

Colorado’s requirements are included in 

a chart with this document. 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

Nonwastewaters from Dyes and 

Pigments. (Checklist 206).

70 FR 9138–9180 February 24, 

2005.

Colorado Hazardous Regulations, 6 CCR 1007–3 effective July 2, 

2006; 261.4, 261.4(b)(15), 261.4(b)(15(i)–(v), 261.32, 261.32(a)– 

(d), 261.32(d)(1)–(d)(2), 261.32(d)(2)(i)–(iv), 261.32(iv)(A)–(C), 

261.32(d)(3), 261.32(d)(3)(i)–(iii), 261.32(d)(iii)(A)–(D), 

261.32(d)(3)(iv), 261.32(d)(3)(iv)(A)–(B), 261.32(d)(3)(v)–(x), 

261.32(x)(A)–(D), 261.32(d)(3)(xi), 261.32(d)(xi)(A)–(C), 

261.32(d)(4)–(5), 261 Appendices VII–VIII, 268.20, 268.20(a)–(b), 

268.20(b)(1)–(5), 268.20(c) 268.40/Treatment Standard Table and 

268.48/Universal Waste Treatment Standard Table. 


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40520 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations 

Description of federal requirement 

(include checklist #, if relevant) 

Federal Register date and page 

(and/or RCRA statutory authority) Analogous state authority 

Uniform Hazardous Waste Manifest 

Rule (Checklist 207).

70 FR 10776 March 4, 2005 ......... Colorado Hazardous Regulations, 6 CCR 1007–3 effective July 2, 

2006; 260.10, 261.7(b)(1)(iii)(A)–(B), 262.20, 262.20(a)(1), 

262.20(a)(2), 262.21/Section heading, 262.21(a)(1)–(2), 262.21(b), 

262.21(b)(1)–(5), 262.21(b)(5)(i)–(iii), 262.21(b)(6)–(8), 262.21(c), 

262.21(d)(1)–(2), 262.21(d)(2)(i)–(iv), 262.21(d)(3), 262.21(e)–(f), 

262.21(f)(1)–(6), 262.21(f)(6)(i)–(vi), 262.21(f)(7), 262.21(f)(7(i), 

262.21(f)(7(i)(A)–(C), 262.21(f)(7)(ii), 262.21(f)(7)(ii)(7)(A)–(C), 

262.21(g)(1), 262.21(g)(i)–(iv), 262.21(g)(2), 262.21(h)(1)–(3), 

262.21(i)– (l), 262.21(m)(1), 262.21(m)(1)(i)–(ii), 262.21(m)(2), 

262.27, 262.27/Section heading, 262.27, 262.27(a)–(b), 262.32, 

262.32(b), 262.33, 262.34, 262.34(n), 262.34(n)(1)–(2), 262.54(c), 

262.54(e), 262.60, 262.60(c)–(e), 262/Appendix, 262/Appendix 

8700–22, 262/Appendix/8700–22/I, International Shipment Block, 

262/Appendix 8700–22/II, 262/Appendix 8700–22/III, 262/Appendix 

8700–22/IV, 262/Appendix 8700–22A/Instructions–Continuation 

Sheet, 263.20, 263.20(a)(1)–(3), 263.20(g), 263.20(g)(1)–(4), 

263.21. 

Checklist 207 Continues ................. 70 FR 10776 March 4, 2005 ......... 263.21(b)(1)–(2), 263.21(b)(2)(i)–(ii), 264.70(a), 264.70(b), 264.71, 

264.71(a)(1)–(2), 264.71(a)(2)(i)–(v), 264.71(a)(3)–(4), 264.71(e), 

264.72, 264.72(a), 264.72(a)(1)–(3), 264.72(b)– (c), 264.72(d)(1)– 

(2), 264.72(e), 264.72(e)(1)–(7), 264.72(f), 264.72(1)–(7), 

264.72(g), 264.76, 264.76(a), 264.76(a)(1)–(7), 264.76(b), 

265.70(a), 265.70(b), 265.71, 265.71(a)(1)–(2), 265.71(a)(2)(i)–(v), 

265.71(a)(3), 265.71(b)(4), 265.71(e), 265.72, 265.72(a), 

265.72(a)(1)–(3), 265.72(b)–(c), 265.72(d)(1)–(2), 265.72(e), 

265.72(e)(1)–(7), 265.72(f), 265.72(f)(1)–(7), 265.72(g), 265.76(a), 

265.76(a)(1)–(7) and 265.76(b). 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

Colorado has requirements that are 

more stringent than the federal rules at 

(references are to the Code of Colorado 

Regulations, except where there is no 

state analog, then the reference is to the 

federal citation): state analog Section 

261.32 includes two additional stateadded listings (K901 and K902) related 

to military munitions; in 261 Appendix 

VII; and state analog 261 Appendix VIII 

includes additional state-added listings 

(K901, K902, P909, P910, and P911) 

related to military munitions. The State 

of Colorado’s hazardous waste rules are 

more stringent at 40 CFR 266.203 

because the state has not adopted state 

analogs to the federal standards 

applicable to the transportation of solid 

waste military munitions. Specifically, 

the state regulations do not provide the 

exemptions that exist in 40 CFR 

266.203; under the state’s regulations, 

waste military munitions that are being 

transported and that exhibit a hazardous 

waste characteristic or are listed as 

hazardous waste under Part 261, are not 

exempted from manifest requirements 

as in 40 CFR 264.70(a) and 265.70(a). 

I. Who Issues and Administers Permits 

After the Authorization Takes Effect? 

Colorado will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits that were issued 

prior to the effective date of this 

authorization until Colorado has 

equivalent instruments in place. We 

will not issue any new permits or new 

portions of permits for the provisions 

listed in the Table in this document 

after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which Colorado is not 

yet authorized. 

J. How Does Today’s Action Affect 

Indian Country (18 U.S.C. 1151) in 

Colorado? 

Colorado is not authorized to carry 

out its hazardous waste program in 

Indian country, as defined in 18 U.S.C. 

1151. This includes: (1) Lands within 

the exterior boundaries of the following 

Indian reservations located within or 

abutting the State of Colorado, (a) 

Southern Ute Indian Reservation and (b) 

Ute Mountain Ute Indian Reservation; 

(2) any land held in trust by the United 

States for an Indian tribe, and (3) any 

other areas that are ‘‘Indian country’’ 

within the meaning of 18 U.S.C. 1151. 

Therefore, this program revision does 

not extend to Indian country where EPA 

will continue to implement and 

administer the RCRA program. 

K. What Is Codification and Is EPA 

Codifying Colorado’s Hazardous Waste 

Program as Authorized in This Rule? 

Codification is the process of placing 

the state’s statutes and regulations that 

comprise the state’s authorized 

hazardous waste program into the CFR, 

which occurs when EPA references the 

authorized state rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart G, for this 

authorization of Colorado’s program 

changes until a later date. EPA is not 

codifying the rules documented in this 

Federal Register notice in this 

authorization application. 

L. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993) 

and, therefore, this action is not subject 

to review by OMB. This action 

authorizes Colorado state requirements 

for the purpose of RCRA 3006, and 

imposes no additional requirements 

beyond those imposed by Colorado state 

law. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

pre-existing requirements under state 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). For 

the same reason, this action also does 

not significantly or uniquely affect the 


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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 


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