37644 Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0454] 

Safety Zone; San Diego Symphony 

Summer Pops, San Diego Bay; San 

Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the 2014 San Diego Symphony Summer 

Pops fireworks display safety zone on 

Saturday and Sunday evenings from 

June 28, 2014 thru August 31, 2014, as 

well as on Friday August 29, 2014. The 

brief fireworks displays are scheduled to 

occur between 9 p.m. to 10 p.m., to 

coincide with the end of the concert. 

This reoccurring annual summer 

firework display event occurs on the 

navigable waters of San Diego Bay in 

San Diego, California. This action is 

necessary to provide for safety of the 

marine event crew, spectators, safety 

vessels, and general users of the 

waterway. During the enforcement 

period, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this 

regulated area unless authorized by the 

Captain of the Port, or his designated 

representative. 

DATES: This rule is effective on June 28– 

29, July 5–6, July 11–12, July 18–19, 

August 1–2, August 8–9, August 15–16, 

August 22–23, and August 29–31, 2014, 

between 9 p.m. to 10 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Giacomo Terrizzi, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

(619) 278–7261, email 

Giacomo.Terrizzi@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a safety zone in San 

Diego Bay for the San Diego Symphony 

Summer Pops, listed in 33 CFR 

165.1123, Table 1, Item 1 between 9 

p.m. to 10 p.m. 

Under the provisions of 33 CFR 

165.1123, persons and vessels are 

prohibited during the fireworks display 

times from entering into, transiting 

through, or anchoring within the 400 

foot regulated area safety zone around 

the fireworks barge, located in 

approximate position 32°42′16′′ N, 

117°09′59′′ W, unless authorized by the 

Captain of the Port, or his designated 

representative. Persons or vessels 

desiring to enter into or pass through 

the safety zone may request permission 

from the Captain of the Port or a 

designated representative. The Coast 

Guard Captain of the Port or designated 

representative can be reached via VHF 

CH 16 or at (619) 278–7033. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the Captain of the Port or 

designated representative. Spectator 

vessels may safely transit outside the 

regulated area, but may not anchor, 

block, loiter, or impede the transit of 

official fireworks support, event vessels 

or enforcement patrol vessels. The Coast 

Guard may be assisted by other Federal, 

State, or local law enforcement agencies 

in notification and patrol of this 

regulation. 

This notice is issued under authority 

of 5 U.S.C. 552(a) and 33 CFR 165.1123. 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners, 

Broadcast Notice to Mariners, and local 

advertising by the event sponsor. 

If the Coast Guard determines that the 

regulated area need not be enforced for 

the full duration stated on this notice, 

then a Broadcast Notice to Mariners or 

other communications coordinated with 

the event sponsor will grant general 

permission to enter the regulated area. 

Dated: June 5, 2014. 

J.A. Janszen, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port San Diego. 

[FR Doc. 2014–15453 Filed 7–1–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 13 

[FRL–9910–14–OCFO] 

Administrative Wage Garnishment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to amend EPA’s claims collection 

standards to implement the 

administrative wage garnishment 

provisions of the Debt Collection 

Improvement Act of 1982, as amended 

by the Debt Collection Improvement Act 

of 1996 (DCIA). The direct final rule 

will allow the EPA to garnish nonFederal wages to collect delinquent nontax debts owed the United States 

without first obtaining a court order. 

DATES: This direct final rule is effective 

September 2, 2014 without further 

notice unless EPA receives adverse 

comments by August 1, 2014. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Email: jones.anita@epa.gov. 

2. Fax: (202) 565–2585. 

3. Mail: OCFO–2014–0001; FRL– 

9910–14–OCFO FPPS c/o Anita Jones, 

OCFO/OFM/FPPS, Mailcode 2733R, 

Environmental Protection Agency, 1300 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

Instructions: EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through email. 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 FURTHER INFORMATION CONTACT: 

FPPS c/o Anita Jones, OCFO/OFM/

FPPS, Mailcode 2733R, Environmental 

Protection Agency, 1300 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone number: (202) 564–4969; fax 

number: (202) 565–2585; email address: 

jones.anita@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Applicability: This direct final rule 

applies to delinquent non-tax debt owed 

to the United States. 

Background 

This direct final rule implements the 

administrative wage garnishment 

provisions in section 31001(o) of the 

Debt Collection Improvement Act of the 

1996 (DCIA), Public Law 104–134, 110 

Stat. 1321–358, codified as 31 U.S.C. 

3720D. Under the administrative wage 

garnishment provisions of the DCIA, 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations 37645 

Federal agencies may garnish 

administratively up to 15 percent of the 

disposable pay of a debtor to satisfy a 

delinquent non-tax debt owed to the 

United States. Prior to the enactment of 

the DCIA, Federal agencies were 

required to obtain a court judgment 

before garnishing non-Federal wages. 

Section 31001(o) of the DCIA preempts 

State laws that prohibit wage 

garnishment or otherwise govern wage 

garnishment procedures. 

As authorized by the DCIA, a Federal 

agency collecting a delinquent non-tax 

debt may garnish a delinquent debtor’s 

wages in accordance with regulations 

promulgated by the Secretary of the 

Treasury. The Bureau of Fiscal Services, 

a bureau of the Department of the 

Treasury (Treasury), is responsible for 

promulgating the regulations 

implementing this and other debt 

collection tools established by the DCIA. 

The Bureau of Fiscal Services published 

its final rule at 63 FR 25136, May 6 

1998, (Treasury Final Rule) and 

published technical amendments at 64 

FR 22906, 22908, April 28, 1999 and 66 

FR 51867, 51868, October 11, 2001. The 

Treasury Final Rule, as amended, is 

published in 31 CFR 285.11. Pursuant to 

31 CFR 285.11(f), Federal agencies must 

either prescribe their own conforming 

regulations for the conduct of AWG 

hearings consistent with the substantive 

and procedural requirements set forth in 

the Treasury Final Rule or adopt 

Treasury’s AWG regulation, 31 CFR 

285.11, without change by reference. 

Basic Provisions 

In accordance with the requirements 

of the DCIA and the implementing 

regulations at 31 CFR 285.11, the EPA 

is adopting the provisions of 31 CFR 

285.11 concerning administrative wage 

garnishment, including the hearing 

procedures described in 31 CFR 

285.11(f). 

Regulatory Analysis 

Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ as defined in 

Executive Order 128666 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This 

regulation applies to individuals, as 

well as employers of such individuals, 

with delinquent debt owed to the 

United States. A small number of 

employers of individuals with 

delinquent debt will be subject to this 

regulation and to its certification 

requirements in this direct final rule, 

the requirements do not impose an 

information collection burden. The 

employers of delinquent debtors must 

certify certain information about the 

debtor such as the debtor’s employment 

status and earnings. The information is 

contained in the employer’s payroll 

records. Therefore, the burden of 

completing the certification would not 

be significant. 

Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis for any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This rule applies only to individuals, 

as well as employers of such 

individuals, with delinquent debts 

owed to the United States. 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 withholdings 

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 the entity. Employers are not 

required to vary their normal pay cycles 

in order to comply with a withholding 

order issued pursuant to this direct final 

rule. 

Unfunded Mandates Reform Act 

(UMRA) 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action implements a mandate 

specifically and explicitly set forth by 

the Congress in the Debt Collection 

Improvement Act of 1996 (DCIA), Public 

Law 104–134, without exercise of any 

policy discretion by EPA. 

Executive Order 13132: Federalism 

This action does not have federalism 

implications. It 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. Thus, Executive 

Order 13132 does not apply to this 

action. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Administrative wage garnishment 

only applies to circumstances where 

individuals, as well as employers of 

such individuals, with delinquent debts 

owed to the United States which do not 

have a substantial direct effects on one 

or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 

Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 


wreier-aviles on DSK5TPTVN1PROD with RULES
37646 Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Rules and Regulations 

an environmental standard intended to 

mitigate health or safety risks. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the agency decides not to use 

available and applicable voluntary 

consensus standards. This action does 

not involve technical standards. 

Therefore, EPA is not considering the 

use of any voluntary consensus 

standards. 

Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provisions directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

proposed rulemaking. This rule 

implements the provisions in section 

31001(o) of the Debt Collection 

Improvement Act of 1996 (DCIA) and 

only addresses administrative wage 

garnishment for delinquent non-tax 

debt. 

Congressional Review Act 

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. EPA will submit a 

report containing this rule 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 of the rule 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 rule 

will be effective September 2, 2014. 

List of Subjects in 40 CFR Part 13 

Environmental protection, 

Administrative practice and procedure, 

Claims, Debt collection, Government 

employees, Garnishment of wages, 

Hearing and appeal procedures, 

Salaries, Wages. 

Dated: June 23, 2014. 

Jeanne Conklin, 

Acting Director Office of Financial 

Management. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 13 as 

follows: 

PART 13—CLAIMS COLLECTION 

STANDARDS 

■ 1. The authority citation to part 13 is 

revised to read as follows: 

Authority: 5 U.S.C. 552a, 5512, and 5514; 

31 U.S.C. 3701; 31 U.S.C. 3711 et seq. and 

3720A; 31 U.S.C. 3720D; 31 CFR 285.11; 31 

CFR parts 900–904. 

■ 2. Part 13 is amended by adding 

Subpart I to read as follows: 

Subpart I—Administrative Wage 

Garnishment 

§ 13.41 Administrative wage garnishment. 

(a) Environmental Protection Agency 

is authorized to collect debts from an 

individual debtor’s wages by means of 

administrative wage garnishment in 

accordance with the requirements of 31 

U.S.C. 3720D and 31 CFR 285.11. This 

part adopts the provisions of 31 CFR 

285.11 concerning administrative wage 

garnishment, including the hearing 

procedures described in 31 CFR 

285.11(f). Environmental Protection 

Agency may use administrative wage 

garnishment to collect a delinquent 

Environmental Protection Agency debt 

unless the debtor is making timely 

payments under an agreement to pay the 

debt in installments (see § 13.18 of this 

part). If the Environmental Protection 

Agency intends to use administrative 

wage garnishment, at least thirty (30) 

days prior to initiating an administrative 

wage garnishment, the Environmental 

Protection Agency will send notice to 

the debtor as set forth in 31 CFR 

285.11(e). Alternatively, for 

Environmental Protection Agency debts 

referred to the Department of the 

Treasury (Treasury) for cross-servicing 

pursuant to 31 U.S.C. 3711(g)(1), the 

Environmental Protection Agency may 

authorize Treasury to send the required 

notice informing the debtor that 

administrative wage garnishment will 

be initiated and how the debtor may 

request a hearing as described in 31 CFR 

285.11(f). If a debtor makes a timely 

request for a hearing, administrative 

wage garnishment will not begin until a 

hearing is held and a decision is sent to 

the debtor. See 31 CFR 285.11(f)(4). 

Even if a debtor’s hearing request is not 

timely, the Environmental Protection 

Agency may suspend collection by 

administrative wage garnishment in 

accordance with the provisions of 31 

CFR 285.11(f)(5). All travel expenses 

incurred by the debtor in connection 

with an in-person hearing will be borne 

by the debtor. 

(b) This section does not apply to 

Federal employee salary offset, the 

process by which the Environmental 

Protection Agency collects debts from 

the salaries of Federal employees (see 

§ 13.21 of this part). 

[FR Doc. 2014–15578 Filed 7–1–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0567; FRL–9912–85– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Indiana PM2.5 NSR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of submissions from 

Indiana addressing EPA’s requirements 

for its new source review (NSR) and 

prevention of significant deterioration 

(PSD) program with respect to 

particulate matter smaller than 2.5 

micrometers (PM2.5) and ozone 

precursors. This rulemaking will 

finalize portions of two proposed 


wreier-aviles on DSK5TPTVN1PROD with RULES