64358 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 

procedures established in these 

regulations and pursuant to 5 U.S.C. 

5514, the Board must: 

(1) Certify, in writing, to the paying 

agency that the employee owes the debt, 

the amount and basis of the debt, the 

date on which payment(s) is due, the 

date the Government’s right to collect 

the debt first accrued, and that the 

Board’s regulations implementing 5 

U.S.C. 5514 have been approved by the 

Office of Personnel Management; 

(2) Advise the paying agency of the 

amount or percentage of disposable pay 

to be collected in each installment and 

the number and commencing date of the 

installments (if a date other than the 

next officially established pay period is 

required); 

(3) Advise the paying agency of the 

action(s) taken under 5 U.S.C. 5514(b) 

and give the date(s) action(s) were taken 

(unless the employee has consented to 

the salary offset in writing or signed a 

statement acknowledging receipt of the 

required procedures and the written 

consent or statement is forwarded to the 

paying agency); 

(4) Submit a debt claim certification 

containing the information specified in 

paragraphs (b)(1), (2), and (3) of this 

section and an installment agreement 

(or other instruction on the payment 

schedule), if applicable, to the paying 

agency; and 

(5) Submit the debt claim to the 

paying agency for collection if the 

employee is in the process of separating, 

and has not received a final salary 

check, or other final payment(s) from 

the paying agency. The Board must 

submit a properly certified claim to the 

agency responsible for making such 

payments before the collection can be 

made. 

(c) Separated employee. If the 

employee is already separated and all 

payments due from his or her former 

paying agency have been paid, the 

Board may request, unless otherwise 

prohibited, that money due and payable 

to the employee from the Civil Service 

Retirement and Disability Fund (5 CFR 

831.1801 et seq. or 5 CFR 845.401 et 

seq.), or other similar funds, be 

administratively offset to collect the 

debt (31 U.S.C. 3716 and the FCCS). 

(d) Employee transfer. When an 

employee transfers from one paying 

agency to another paying agency, the 

Board is not required to repeat the due 

process procedures described in 5 

U.S.C. 5514 and this subpart to resume 

the collection. The Board will submit a 

properly certified claim to the new 

paying agency and will subsequently 

review the debt to verify that the 

collection is continued by the new 

paying agency. 

§ 1710.115 Notice of salary offset from 

another agency. 

(a) Complete claim. When the Board 

receives a certified claim from a creditor 

agency, deductions should be scheduled 

to begin at the next officially established 

pay interval. The Board’s finance office 

will provide the employee with a notice 

that contains: 

(1) A statement that the Board has 

received a certified debt claim from the 

creditor agency; 

(2) The amount of the debt claim; 

(3) The date salary offset deductions 

will begin; 

(4) The amount of such deductions; 

and 

(5) A copy of the notice received from 

the creditor agency. 

(b) Notice of Claim. The Board’s 

finance office will provide a copy of the 

notice to the creditor agency and advise 

the creditor agency of the dollar amount 

to be offset and the pay period when the 

offset will begin. 

(c) Incomplete claim. When the Board 

receives an incomplete certification of 

debt from a creditor agency, it must 

return the debt claim with notice that 

procedures under 5 U.S.C. 5514 and 10 

CFR 1710.113 must be followed and a 

properly certified debt claim received 

before action will be taken to collect 

from the employee’s current pay 

account. 

(d) Review. The Board will not review 

the merits of the creditor agency’s 

determination with respect to the 

amount or validity of the debt certified 

by the creditor agency. 

(e) Employees who transfer from one 

paying agency to another. If, after the 

creditor agency has submitted the debt 

claim to the Board, the employee 

transfers from the Board to a different 

paying agency before the debt is 

collected in full, the Board will certify 

the total amount collected on the debt. 

One copy of the certification will be 

furnished to the employee and one copy 

to the creditor agency, along with notice 

of the employee’s transfer. 

§ 1710.117 Refunds. 

(a) The Board will refund promptly 

any amounts deducted to satisfy debts 

owed to the United States when the debt 

is waived, found not owed to the United 

States, or when directed by an 

administrative or judicial order. 

(b) Unless required or permitted by 

law or contract, refunds under this 

section may not bear interest. 

§ 1710.119 Non-waiver of rights. 

An employee’s involuntary payment 

of all or any part of a debt collected 

under these regulations will not be 

construed as a waiver of any rights that 

the employee may have under 5 U.S.C. 

5514 or any other provision of contract 

or law, unless there are statutes or 

contracts to the contrary. 

§ 1710.121 Interest, penalties, and 

administrative charges. 

Charges may be assessed for interest, 

penalties, and administrative charges in 

accordance with the FCCS, 31 CFR 

901.9. 

Dated: September 7, 2023. 

Joyce Connery, 

Chair. 

[FR Doc. 2023–19716 Filed 9–18–23; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 24 

[Docket ID OCC–2023–0005] 

RIN 1557–AF19 

National Bank Community 

Development Investments 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Final rule; amendment of a 

form’s expiration date. 

SUMMARY: The OCC is making a 

nonsubstantive amendment to form 

‘‘CD–1—National Bank Community 

Development (Part 24) Investments’’ to 

reflect the current expiration date 

assigned by the Office of Management 

and Budget under the Paperwork 

Reduction Act. 

DATES: The final rule is effective on 

September 19, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Chandni Ohri, Director for Community 

Development, (202) 649–6420, 400 7th 

Street SW, Washington, DC 20219. If 

you are deaf, hard of hearing, or have a 

speech disability, please dial 7–1–1 to 

access telecommunications relay 

services. 

SUPPLEMENTARY INFORMATION: The OCC 

is amending 12 CFR part 24, Appendix 

1 to update the expiration date included 

on ‘‘CD–1—National Bank Community 

Development (Part 24) Investments’’ 

(CD–1 Form) to reflect the current 

August 31, 2025, expiration date 

assigned by the Office of Management 

and Budget (‘‘OMB’’) under the 

Paperwork Reduction Act. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 64359 

1 5 U.S.C. 553. 

2 5 U.S.C. 553(b)(B). 

3 5 U.S.C. 553(b)(B); 553(d)(3). 

4 5 U.S.C. 553(d). 

5 5 U.S.C. 553(d)(1). 

6 5 U.S.C. 801 et seq. 

7 5 U.S.C. 801(a)(3). 

8 5 U.S.C. 804(2). 

9Based on data as of February 28, 2023. 

10 5 U.S.C. 808(2). 

11 5 U.S.C. 601 et seq. 

12 12 U.S.C. 4802(a). 

13 12 U.S.C. 4802(b)(1). 

14 12 U.S.C. 4809. 

Administrative Law Statements 

A. Administrative Procedure Act 

The OCC is issuing the final rule 

without prior notice and the 

opportunity for public comment and the 

delayed effective date ordinarily 

prescribed by the Administrative 

Procedure Act (APA).1 Pursuant to 

section 553(b)(B) of the APA, general 

notice and the opportunity for public 

comment are not required with respect 

to a rulemaking when an ‘‘agency for 

good cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 2 The final rule 

merely implements a nonsubstantive 

amendment to update the CD–1 Form’s 

expiration date in 12 CFR part 24, 

Appendix 1; therefore, requesting 

comment or delaying the correction 

would be unnecessary. For these 

reasons, the OCC finds that there is good 

cause to issue the final rule without 

notice and comment.3

The final rule is effective immediately 

upon publication in the Federal 

Register. The APA requires a 30-day 

delayed effective date, except for (1) 

substantive rules which grant or 

recognize an exemption or relieve a 

restriction; (2) interpretative rules and 

statements of policy; or (3) as otherwise 

provided by the agency for good cause.4

The final rule merely implements a 

nonsubstantive amendment to update 

the CD–1 Form’s expiration date and 

has no substantive effect.5 Therefore, 

the OCC finds good cause to dispense 

with the 30-day delayed effective date. 

B. Congressional Review Act 

For purposes of the Congressional 

Review Act, OMB makes a 

determination as to whether a final rule 

constitutes a ‘‘major’’ rule.6 If a rule is 

deemed a ‘‘major rule’’ by OMB, the 

Congressional Review Act generally 

provides that the rule may not take 

effect until at least 60 days following its 

publication.7

The Congressional Review Act defines 

a ‘‘major rule’’ as any rule that the 

Administrator of the Office of 

Information and Regulatory Affairs of 

the OMB finds has resulted in or is 

likely to result in (A) an annual effect 

on the economy of $100,000,000 or 

more; (B) a major increase in costs or 

prices for consumers, individual 

industries, Federal, State, or local 

government agencies or geographic 

regions, or (C) significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets.8 The OCC currently 

supervises approximately 1,060 national 

banks, federal savings associations, trust 

companies and federal branches and 

agencies of foreign banks (collectively, 

banks).9 This final rule will update the 

expiration date of the CD–1 Form that 

national banks must submit to provide 

an after-the-fact notice or to request 

prior approval of a public welfare 

investment. However, no new 

information is being collected by the 

form and no new requirements are being 

imposed on OCC-supervised 

institutions. Thus, we expect this 

change to have no impact and, thus, is 

not a ‘‘major rule’’ for purposes of the 

Congressional Review Act. 

For the same reasons set forth above, 

the OCC is adopting this final rule 

without the delayed effective date 

generally prescribed under the 

Congressional Review Act. The delayed 

effective date required by the 

Congressional Review Act does not 

apply to ‘‘any rule which an agency for 

good cause finds (and incorporates the 

finding and a brief statement of reasons 

therefor in the rule issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ 10 In light of the 

fact that the final rule has no 

substantive effect and merely updates 

the expiration date of the CD–1 Form, 

delaying the effective date of the final 

rule is unnecessary. 

As required by the Congressional 

Review Act, the OCC will submit the 

final rule and other appropriate reports 

to Congress and the Government 

Accountability Office for review. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) (PRA) states that 

no agency may conduct or sponsor, nor 

is the respondent required to respond 

to, an information collection unless it 

displays a currently valid OMB control 

number. OCC has determined that this 

final rule does not substantively affect 

any current information collections or 

create any new collections. The final 

rule will update the image of Form CD– 

1, ‘‘National Bank Community 

Development Investments’’ (1557– 

0194), that is included in 12 CFR part 

24, Appendix 1 so that it reflects the 

expiration date of the currently 

approved information collection. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(RFA) 11 requires an agency to consider 

whether the rules it proposes will have 

a significant economic impact on a 

substantial number of small entities. 

The RFA applies only to rules for which 

an agency publishes a general notice of 

proposed rulemaking pursuant to 5 

U.S.C. 553(b). Consistent with section 

553(b)(B) of the APA, the OCC has 

determined for good cause that general 

notice and opportunity for public 

comment is unnecessary, and, therefore, 

the OCC did not issue a notice of 

proposed rulemaking. Accordingly, the 

RFA’s requirements relating to initial 

and final regulatory flexibility analyses 

do not apply. 

E. Riegle Community Development and 

Regulatory Improvement Act of 1994 

Pursuant to section 302(a) of the 

Riegle Community Development and 

Regulatory Improvement Act 

(RCDRIA),12 in determining the effective 

date and administrative compliance 

requirements for new regulations that 

impose additional reporting, disclosure, 

or other requirements on insured 

depository institutions (IDIs), each 

Federal banking agency must consider, 

consistent with the principle of safety 

and soundness and the public interest, 

any administrative burdens that such 

regulations would place on depository 

institutions, including small depository 

institutions, and customers of 

depository institutions, as well as the 

benefits of such regulations. In addition, 

section 302(b) of RCDRIA requires new 

regulations and amendments to 

regulations that impose additional 

reporting, disclosures, or other new 

requirements on IDIs generally to take 

effect on the first day of a calendar 

quarter that begins on or after the date 

on which the regulations are published 

in final form, with certain exceptions, 

including for good cause.13 For the 

reasons described above, the OCC finds 

good cause exists under section 302 of 

RCDRIA to publish this final rule with 

an immediate effective date. 

F. Use of Plain Language 

Section 722 of the Gramm-LeachBliley Act 14 requires the Federal 


ddrumheller on DSK120RN23PROD with RULES1
64360 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 

banking agencies to use plain language 

in all proposed and final rules 

published after January 1, 2000. The 

OCC has sought to present the final rule 

in a simple and straightforward manner. 

G. Unfunded Mandates 

As a general matter, the Unfunded 

Mandates Act of 1995 (UMRA), 2 U.S.C. 

1531 et seq., requires the preparation of 

a budgetary impact statement before 

promulgating a rule that includes a 

Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year. However, the UMRA 

does not apply to final rules for which 

a general notice of proposed rulemaking 

was not published. See 2 U.S.C. 1532(a). 

Therefore, because the OCC has found 

good cause to dispense with notice and 

comment for this final rule, the OCC has 

not prepared a budgetary impact 

statement for the final rule under the 

UMRA. 

List of Subjects in 12 CFR Part 24 

Community development, Credit, 

Investments, Low and moderate income 

housing, Manpower, National banks, 

Reporting and recordkeeping 

requirements, Rural areas, Small 

businesses. 

Authority and Issuance 

For the reasons stated in the 

SUPPLEMENTARY INFORMATION section, the 

Office of the Comptroller of the 

Currency amends 12 CFR part 24 as 

follows: 

PART 24—COMMUNITY AND 

ECONOMIC DEVELOPMENT ENTITIES, 

COMMUNITY DEVELOPMENT 

PROJECTS, AND OTHER PUBLIC 

WELFARE INVESTMENTS 

■ 1. The authority citation for part 24 

continues to read as follows: 

Authority: 12 U.S.C. 24(Eleventh), 93a, 

481 and 1818. 

■ 2. Revise Appendix 1 to Part 24—CD– 

1—National Bank Community 

Development (Part 24) Investments to 

read as follows: 

Appendix 1 to Part 24—CD–1— 

National Bank Community 

Development (Part 24) Investments 

BILLING CODE 4810–33–P 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 64361 


ddrumheller on DSK120RN23PROD with RULES1ER19SE23.092</GPH>
64362 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 


ddrumheller on DSK120RN23PROD with RULES1ER19SE23.093</GPH>
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 64363 


ddrumheller on DSK120RN23PROD with RULES1ER19SE23.094</GPH>
64364 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 


ddrumheller on DSK120RN23PROD with RULES1ER19SE23.095</GPH>
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 64365 

Benjamin W. McDonough, 

Senior Deputy Comptroller and Chief 

Counsel. 

[FR Doc. 2023–20187 Filed 9–18–23; 8:45 am] 

BILLING CODE 4810–33–C 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1221; Project 

Identifier MCAI–2023–00070–T; Amendment 

39–22543; AD 2023–18–02] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2020–06– 

10, which applied to certain Airbus SAS 

Model A318 series airplanes; Model 

A319–111, –112, –113, –114, –115, 

–131, –132, and –133 airplanes; Model 

A320–211, –212, –214, –216, –231, 

–232, and –233 airplanes; and Model 

A321–111, –112, –131, –211, –212, 

–213, –231, and –232 airplanes. AD 

2020–06–10 required repetitive 

inspections for cracking of the vertical 

stiffeners of the left- and right-hand 

sides of the window frames and 

corrective actions if necessary. Since the 

FAA issued AD 2020–06–10, it was 

determined that certain compliance 

times need to be reduced. This AD 


ddrumheller on DSK120RN23PROD with RULES1ER19SE23.096</GPH>