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

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Rules and Regulations Federal Register

60451

Vol. 62, No. 217

Monday, November 10, 1997

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3

Debt Collection

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

SUMMARY: This document amends 7 CFR

Part 3 to: permit specifically service of

a Notice of Intent to Collect by

Administrative Offset upon USDA

debtors by first class mail, in addition

to currently-authorized service by

personal delivery and certified mail;

and include specifically as subject to the

provisions of the Part debts arising out

of programs administered by Food and

Consumer Service.

EFFECTIVE DATE: This rule is effective

November 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Reynaldo Gonzalez, (202) 720–1168.

SUPPLEMENTARY INFORMATION:

I. Background

The Debt Collection Act of 1982

(DCA) is implemented, on a

government-wide basis pursuant to the

Federal Claims Collection Standards

(Standards), set forth at 4 CFR Part 101,

et seq. The Standards are implemented

at USDA pursuant to 7 CFR Part 3.

II. Section 3.10

Food and Consumer Service (FCS)

participates in the Tax Refund Offset

Program (TROP), operated by the

Treasury Department, pursuant to 26

U.S.C. 6402, as implemented by 31

U.S.C. 3720A and Treasury Department

regulations. Under the Debt Collection

Improvement Act of 1996, the TROP has

been incorporated into the Treasury

Administrative Offset Program (TAOP).

In order for FCS to continue its

participation in the TROP, debt

management and collection under its

programs must be subject to 7 CFR Part

3. Section 3.10 sets forth USDA

programs and authorities subject to the

provisions of 7 CFR Part 3. The revision

specifically includes FCS programs as

those subject to 7 CFR Part 3.

III. Section 3.25(b)

Currently, 7 CFR 3.25(b) requires that

service of a Notice of Intent to Collect

by Administrative Offset upon USDA

debtors be made by either personal

delivery or certified mail. This

requirement is more restrictive than

service requirements contained in 4 CFR

102.2(b), which contemplate either

personal service or mailing. Further,

under 7 CFR 3.21(b), if the head of an

agency of the Department adopts

regulations separate from 7 CFR Part 3,

Subpart B (Administrative Offset), those

regulations are to be followed. 7 CFR

Part 200 sets forth specific

administrative offset procedures for

food stamp-related debts that permit

service of notice by first class mail.

Since the current provisions of 7 CFR

3.25(b) are more restrictive than the

Standards and because use of first class

mail is permitted under a regulation

having precedence over 7 CFR Part 3,

Section 3.25(b) is revised to bring it into

conformity with both authorities.

IV. Final Rule

We have determined, under 5 U.S.C.

553(b)(3)(B), that prior notice and public

comment are unnecessary and contrary

to the public interest. Specifically, the

departmental final rule promulgates a

process which is mandated by law in

the Debt Collection Improvement Act of

1996. Therefore, good cause is found

that notice and public comment are

unnecessary and contrary to the public

interest and good cause exists for

making this regulation effective upon

publication in the Federal Register.

V. Matters of Regulatory Procedure

E.O. 12291, Federal Regulation

As Secretary of Agriculture, I have

determined that this is not a major rule

as defined under section 1(b) of

Executive Order 12291.

Paperwork Reduction Act

As Secretary of Agriculture, I have

determined that the Paperwork

Reduction Act (44 U.S.C. Chapter 35)

does not apply because this regulation

does not contain any information

collection requirements that require the

approval of the Office of Management

and Budget thereunder.

List of Subjects in 7 CFR Part 3

Agriculture, Claims, Government

employees, Income taxes, Loan

programs-agriculture.

Accordingly, for the reasons set forth

in the preamble, the Secretary of

Agriculture is revising Title 7, part 3 of

the Code of Federal Regulations as

follows:

PART 3—DEBT MANAGEMENT

Subpart A—Settlement of Small or Old

Debts

1. The authority citation for part 3,

subpart A continues to read as follows:

Authority: Section 1, 58 Stat. 836, 12

U.S.C. 1150.

§ 3.10 [Amended]

2. Section 3.10 is amended by adding

‘‘51. Any indebtedness of food stamp

recipients. Food Stamp Act.’’

Subpart B—Debt Collection

1. The authority citation for part 3,

subpart B continues to read as follows:

Authority: 31 U.S.C. 3701, 3711, 3716–19,

3728; 4 CFR part 102; 4 CFR 105.4.

§ 3.25 [Amended]

2. Section 3.25(b) introductory text is

amended by inserting a comma after

‘‘delivery’’, and adding ‘‘first class

mail,’’ before ‘‘or’’.

Dan Glickman,

Secretary of Agriculture.

[FR Doc. 97–29415 Filed 11–7–97; 8:45 am]

BILLING CODE 3410–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 91–CE–45–AD; Amendment 39–

10197; AD 97–23–09]

RIN 2120–AA64

Airworthiness Directives; de Havilland

DHC–6 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.