9220 Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Rules and Regulations 

V–537 [Amended] 

From INT Melbourne, FL, 269° and 

Orlando, FL, 140° radials; INT Orlando 140° 

and Melbourne 298° radials; INT Melbourne 

298° and Ocala, FL, 145° radials; Ocala; 

Gators, FL; to Greenville, FL. 

* * * * * 

V–601 [Removed] 

* * * * * 

Issued in Washington, DC, on February 4, 

2025. 

Brian Eric Konie, 

Manager (A), Rules and Regulations Group. 

[FR Doc. 2025–02390 Filed 2–7–25; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL SERVICE 

39 CFR Part 961 

Debt Collection Act Petitions Against 

Current Employees 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: This amends the rules of 

practice prescribed by the Judicial 

Officer for ease of understanding and to 

reflect current practice. 

DATES: Effective February 10, 2025. 

ADDRESSES: Postal Service Judicial 

Officer Department, 2101 Wilson 

Boulevard, Suite 600, Arlington, VA 

22201–3078. 

FOR FURTHER INFORMATION CONTACT: Staff 

Counsel Zahava Colicelli at (708) 812– 

1927. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Judicial Officer Department 

reviewed its rules for Debt Collection 

Act Petitions and found it necessary to 

make some revisions for the reader’s 

ease of understanding. Some changes 

also reflect current practices. 

B. Explanation of Changes 

Amendments to 39 CFR Part 961 

The rule is revised for better ease of 

understanding and to reflect current 

practices. 

List of Subjects in 39 CFR Part 961 

Administrative practice and 

procedure, Claims, Government 

employees, Wages. 

Accordingly, for the reasons stated, 

the Postal Service revises 39 CFR part 

961 to read as follows: 

PART 961—DEBT COLLECTION ACT 

PROCEEDINGS AGAINST CURRENT 

EMPLOYEES 

Sec. 

961.1 (Rule 1) Authority for rules in this 

part. 

961.2 (Rule 2) Scope of rules in this part. 

961.3 (Rule 3) Definitions. 

961.4 (Rule 4) Employee petition for a 

hearing. 

961.5 (Rule 5) Effect of filing a petition. 

961.6 (Rule 6) Filing, docketing, and 

serving documents; computation of time; 

representation of parties. 

961.7 (Rule 7) Answer to petition. 

961.8 (Rule 8) Hearing Official’s authority 

and responsibilities. 

961.9 (Rule 9) Oral hearing or submission 

on the written record. 

961.10 (Rule 10) Effect of Hearing Official’s 

decision; motion for reconsideration. 

961.11 (Rule 11) Consequences for failure to 

comply with rules in this part. 

961.12 (Rule 12) Ex parte communications. 

Authority: 39 U.S.C. 204, 401; 5 U.S.C. 

5514. 

§ 961.1 (Rule 1) Authority for rules in this 

part. 

This part is issued by the Judicial 

Officer under authority delegated by the 

Postmaster General. 

§ 961.2 (Rule 2) Scope of rules in this part. 

This part applies to: 

(a) The hearing provided by section 5 

of the Debt Collection Act of 1982, as 

amended, 5 U.S.C. 5514, and in 

accordance with the Employee and 

Labor Relations Manual, sections 450 

and 460, challenging the existence, 

amount, or the repayment schedule of 

an employee debt to the Postal Service; 

or 

(b) A hearing under section 5 of the 

Debt Collection Act when the Judicial 

Officer Department adjudicates a 

petition for a creditor agency under an 

agreement between the Postal Service 

and that agency. In such cases, all 

references to Postal Service in this part 

will be construed to refer to the creditor 

agency. 

§ 961.3 (Rule 3) Definitions. 

As used in this part: 

(a) Employee. A current Postal Service 

employee who is alleged to be indebted 

to the Postal Service. 

(b) General Counsel. The General 

Counsel of the Postal Service or the 

General Counsel’s designee. 

(c) Hearing Official. (1) An 

Administrative Law Judge qualified to 

hear cases under the Administrative 

Procedure Act; 

(2) An Administrative Judge 

appointed under the Contract Disputes 

Act of 1978, as amended; or 

(3) Any other qualified person who is 

not under the control or supervision of 

the Postmaster General and is 

designated by the Judicial Officer to 

conduct the hearing. 

(d) Judicial Officer. The Judicial 

Officer, Associate Judicial Officer, or 

Acting Judicial Officer of the Postal 

Service. 

(e) Notice of involuntary 

administrative salary offset. The formal 

written notice required by section 5 of 

the Debt Collection Act, including the 

provision of notice of the procedures 

under this part, before involuntary offset 

may be taken from an employee’s salary. 

(f) Days. Calendar days. 

(g) Recorder. The Recorder, Judicial 

Officer Department, United States Postal 

Service, located at 2101 Wilson 

Boulevard, Suite 600, Arlington, VA 

22201–3078. The Recorder’s telephone 

number is (703) 812–1900, and the fax 

number is (703) 812–1901. 

§ 961.4 (Rule 4) Employee petition for a 

hearing. 

(a) If an employee wants to challenge 

the existence, amount, or repayment 

schedule of a debt assessed under 

section 5 of the Debt Collection Act, the 

employee or their representative must 

file a written petition electronically at 

https://uspsjudicialoffice.journaltech.com, or by 

mail at Recorder, Judicial Officer 

Department, United States Postal 

Service, 2101 Wilson Boulevard, Suite 

600, Arlington, VA 22201–3078. The 

petition must be filed on or before the 

15th day following the receipt of the 

Postal Service’s notice of involuntary 

administrative salary offset. The Hearing 

Official may waive this deadline for 

good cause timely shown. If the Postal 

Service initiated involuntary 

administrative salary offset without 

issuing a notice as required by the Debt 

Collection Act, the Hearing Official may 

retain authority to resolve the debt 

assessment as if a notice had been 

issued and may order the Postal Service 

to return any improperly offset money. 

(b) A sample petition is available at 

the Judicial Officer Electronic Filing 

website (https://uspsjudicialoffice.journaltech.com). The 

petition should include the following: 

(1) The words ‘‘Petition for Hearing 

under the Debt Collection Act’’ at the 

top of the first page. 

(2) The employee’s name, work 

address, home address, primary 

telephone number, email address, and, 

if applicable, any other address and 

telephone number at which the 

employee may be contacted during 

normal business hours. 

(3) The date on which the employee 

received the notice of involuntary 

administrative salary offset. 

(4) A copy of the notice of involuntary 

administrative salary offset. 

(5) A statement indicating whether 

the employee challenges: 


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Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Rules and Regulations 9221 

(i) The existence of the debt identified 

in the notice of involuntary 

administrative salary offset; 

(ii) The amount of the debt identified 

in the notice of involuntary 

administrative salary offset; and 

(iii) The involuntary repayment terms 

established by the Postal Service in the 

notice of involuntary administrative 

salary offset. 

(iv) For each challenge, the petition 

should describe the basis of the 

employee’s disagreement. The employee 

should identify and explain the facts, 

evidence, and legal arguments that 

support the petition. 

(6) Copies of all records in the 

employee’s possession that relate to the 

debt. 

(7) If an employee contends that the 

Postal Service’s proposed offset 

schedule would result in a severe 

financial hardship for either the 

employee or the employee’s spouse or 

dependents, the employee must propose 

an alternative offset schedule. The 

employee must provide a statement and 

supporting documents showing the 

employee’s financial status. This 

statement must address total income 

from all sources; assets; liabilities; 

number of dependents; and expenses for 

food, housing, clothing, transportation, 

medical care, and exceptional expenses, 

if any. 

(c) The employee must file any 

additional information directed by the 

Hearing Official. 

§ 961.5 (Rule 5) Effect of filing a petition. 

After receipt and docketing of the 

employee’s petition for a hearing, 

further collection activity by the Postal 

Service must cease as required by 

section 5 of the Debt Collection Act 

until the petition is resolved by the 

Hearing Official. 

§ 961.6 (Rule 6) Filing, docketing, and 

serving documents; computation of time; 

representation of parties. 

(a) Filing. The Judicial Officer 

Department calculates all filing 

deadlines in Eastern Time. After a 

petition is filed, all documents relating 

to the petition must be filed using the 

electronic filing system, unless the 

Hearing Official permits otherwise. 

Documents submitted using the 

electronic filing system are considered 

filed as of the date and time (Eastern 

Time) reflected in the system. 

Documents mailed to the Recorder are 

considered filed on the date mailed. 

Filings by any other means are 

considered filed when the Recorder 

receives a complete copy of the filing 

during normal business hours. The 

Recorder’s normal business hours are 

between 8:45 a.m. and 4:45 p.m., 

Eastern Time. Documents filed by other 

means after 4:45 p.m., Eastern Time, or 

on a Saturday, Sunday, or Federal 

holiday, will be considered filed on the 

next business day. 

(b) Docketing. The Recorder will 

maintain a record of Debt Collection Act 

petitions and will assign a docket 

number to each case. After notification 

of the docket number, the employee and 

the Postal Service must refer to the 

docket number on all further filings. 

(c) Service. If both parties have access 

to the electronic filing system, separate 

service on the opposing party is not 

required. Otherwise, documents must be 

served personally, by mail, or by email 

on the opposing party, noting on the 

document filed, or on the transmitting 

letter, that a copy has been so furnished. 

(d) Time computation. A filing period 

excludes the day the period begins, and 

includes the last day of the period, 

unless the last day is a Saturday, 

Sunday, or Federal holiday, in which 

case the period runs until the end of the 

next day that is not a Saturday, Sunday, 

or Federal holiday. Requests for 

extensions of time must: 

(1) Be made in writing before the date 

on which the submission is due; 

(2) State the reason for the request; 

(3) Represent that the moving party 

has contacted the opposing party about 

the request, or made reasonable efforts 

to do so; and 

(4) Indicate whether the opposing 

party consents to the extension. 

Requests for extensions of time 

submitted after the date on which the 

submission was due must explain why 

the moving party was unable to request 

an extension before the deadline. 

(e) Representation of parties. The 

Postal Service’s representative, as 

designated by the General Counsel, 

must file a notice of appearance as soon 

as practicable, but no later than the date 

the answer is filed. Employees may 

represent themselves or be represented 

by an attorney or other designated 

person. As applicable, an employee’s 

representative must file a notice of 

appearance as soon as practicable. The 

Postal Service must direct all further 

communications and documents to the 

employee’s representative. A 

representative who later withdraws 

must file a notice that includes the 

name, mailing address, email address, 

and telephone number of the person 

who will assume responsibility for 

representing the party. 

§ 961.7 (Rule 7) Answer to petition. 

The Postal Service must file an 

answer to the petition by the date set 

out in the docketing notice. The Postal 

Service must attach all documents that 

are available and relevant to the Postal 

Service’s debt claim and the proposed 

administrative salary offset schedule. 

The answer must include a clear and 

thorough description of the basis for the 

alleged debt, a calculation of the amount 

of the alleged debt, and a proposed 

offset schedule. 

§ 961.8 (Rule 8) Hearing Official’s authority 

and responsibilities. 

The Hearing Official’s authority 

includes, but is not limited to: 

(a) Ruling on motions and requests by 

the parties. 

(b) Issuing notices, orders, and 

memoranda to the parties concerning 

the hearing proceedings. 

(c) Conducting telephone conferences 

with the parties to expedite the 

proceedings and schedule further 

proceedings. The Hearing Official will 

prepare a memorandum of telephone 

conference, which will be sent to both 

parties and will serve as the official 

record of that conference. 

(d) Determining whether the petition 

will be decided after an oral hearing or 

on the written record. If an oral hearing 

is held, the Hearing Official will set the 

place, date, and time for a hearing. 

(e) Administering oaths and 

affirmations to witnesses. 

(f) Conducting the hearing in a 

manner to maintain discipline and 

decorum while ensuring that relevant, 

reliable, and probative evidence is 

elicited on the issues in dispute and 

irrelevant, immaterial, or repetitious 

evidence is excluded. The Hearing 

Official may examine witnesses to 

ensure that a satisfactory record is 

developed. 

(g) Establishing the record in the case. 

The weight to be attached to any 

evidence will rest within the Hearing 

Official’s discretion. Except as the 

Hearing Official may otherwise allow, 

no evidence will be received after 

completion of an oral hearing or, in 

cases submitted on the written record, 

after notification by the Hearing Official 

that the record is closed. The Hearing 

Official may require either party, with 

appropriate notice to the other party, to 

submit additional evidence on any 

relevant matter at any time within the 

Hearing Official’s discretion. 


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9222 Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Rules and Regulations 

(h) Granting reasonable time 

extensions, suspending proceedings, or 

other relief for good cause shown in the 

Hearing Official’s sole discretion. 

(i) Issuing the final decision. The 

decision will include a determination of 

the validity and amount of the alleged 

debt and, where applicable, the 

repayment schedule. The Hearing 

Official will issue the decision as soon 

as practicable after the close of the 

record. Collection activity remains 

stayed until the decision is issued. 

§ 961.9 (Rule 9) Oral hearing or 

submission on the written record. 

(a) An oral hearing may be held at the 

sole discretion of the Hearing Official. 

An oral hearing may be conducted inperson, by telephone, by video 

conference, or other appropriate means 

at the discretion of the Hearing Official. 

The Hearing Official will arrange for the 

preparation of a transcript of the 

hearing. That transcript will be the 

official record of the hearing. In the 

event of an unexcused absence of one of 

the parties, the hearing may proceed 

without the absent party. 

(b) If an oral hearing is not held, the 

record may be supplemented with 

affidavits or declarations. The Hearing 

Official’s decision will be based on the 

written submissions. Submission on the 

written record does not relieve the 

parties from the necessity of proving the 

facts supporting their allegations or 

defenses. 

§ 961.10 (Rule 10) Effect of Hearing 

Official’s decision; motion for 

reconsideration. 

(a) After the receipt of written 

submissions or after the conclusion of 

the hearing, the Hearing Official will 

issue a written decision. The decision 

will include findings of fact and 

conclusions of law. 

(b) The Hearing Official will send 

each party a copy of the decision. The 

Hearing Official’s decision is the final 

administrative determination on the 

employee’s debt or repayment schedule, 

subject to a timely motion for 

reconsideration. 

(c) A motion for reconsideration must 

be filed within 10 days from receipt of 

the decision and will be allowed only at 

the discretion of the Hearing Official. A 

motion for reconsideration by the 

employee will not stay any collection 

action authorized by the Hearing 

Official’s decision. 

§ 961.11 (Rule 11) Consequences for 

failure to comply with rules in this part. 

(a) The Hearing Official may 

determine that the employee has waived 

their right to a hearing and that 

administrative offset may be initiated if 

the employee does not show good cause 

for failing to file a timely petition. 

(b) The Hearing Official may grant a 

petition, and as appropriate, invalidate 

a debt if, in the absence of good cause 

and after failing to comply with an order 

by the Hearing Official, the Postal 

Service fails to file a timely answer. If 

the petition is granted for this reason, 

the Postal Service will be prohibited 

from collecting the debt by involuntary 

administrative salary offset. 

(c) If a party fails to comply with this 

part or the Hearing Official’s orders, the 

Hearing Official may take reasonable 

and proper action under the 

circumstances, including dismissing, 

denying, or granting the petition as 

appropriate. 

§ 961.12 (Rule 12) Ex parte 

communications. 

Except as described in this section, a 

party may not communicate with a 

Hearing Official or other member of the 

Judicial Officer Department without the 

other party present. Exceptions: 

(a) A Hearing Official or other 

member of the Judicial Officer 

Department may talk to a party 

individually to discuss procedural 

matters. 

(b) A Hearing Official may talk to a 

party individually when a telephone 

conference or hearing has been 

scheduled and the other party does not 

appear. 

Kevin Rayburn, 

Attorney, Ethics and Legal Compliance. 

[FR Doc. 2025–02338 Filed 2–7–25; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 4 

[Docket No. DOI–2022–0010] 

RIN 1094–AA57 

Practices Before the Department of the 

Interior; Delay of Effective Date 

AGENCY: Office of Hearings and Appeals, 

Interior. 

ACTION: Interim final rule; delay of 

effective date. 

SUMMARY: In accordance with the 

memorandum of January 20, 2025, from 

President Donald J. Trump, entitled 

‘‘Regulatory Freeze Pending Review,’’ 

this action delays the effective date of 

the interim final rule published on 

January 10, 2025, until March 21, 2025. 

DATES: As of February 7, 2025, the 

effective date of the rule published at 90 

FR 2332 on January 10, 2025, is delayed 

to a new effective date of March 21, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Rachel R. Lukens, telephone: (703) 235– 

3810, email: Rachel_Lukens@

oha.doi.gov. Individuals in the United 

States who are deaf, blind, hard of 

hearing, or have a speech disability may 

dial 711 (TTY, TDD, or Tele Braille) to 

access telecommunications relay 

services. Individuals outside the United 

States should use the relay services 

offered within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: The 

interim final rule, ‘‘Practices Before the 

Department of the Interior,’’ published 

on January 10, 2025, at 90 FR 2332, 

included a 30-day public comment 

period that ends on February 10, 2025. 

The effective date of the interim final 

rule is February 10, 2025. The Office of 

Hearings and Appeals (OHA) is taking 

this action in response to Memorandum 

M–25–10 of January 20, 2025, from the 

Executive Office of the President, Office 

of Management and Budget, 

Implementation of Regulatory Freeze, 

regarding the postponement of effective 

dates of certain published regulations. 

The memorandum directed the heads of 

Executive Departments and Agencies to 

consider postponing for sixty days from 

the date of the memorandum the 

effective date for any rules that have 

been published in the Federal Register, 

or any rules that have been issued in 

any manner but have not taken effect, 

for the purpose of reviewing any 

questions of fact, law, and policy that 

the rule may raise. OHA is delaying the 

effective date of the interim final rule 

published at 90 FR 2332 to March 21, 

2025. 

OHA is delaying the effective date of 

the interim final rule without 

opportunity for public comment and 

making the delay effective immediately, 

based on the good cause exemptions in 

5 U.S.C. 553(b)(B) and 553(d)(3), in that 

seeking public comment on the delay is 

impracticable, unnecessary, and 

contrary to the public interest. The 

delay in effective date until March 21, 

2025, is necessary to give Department 

officials the opportunity for further 

review and consideration of new 

regulations, consistent with the 

memorandum of the President, dated 

January 20, 2025. Given the imminence 

of the effective date of the interim final 

rule, seeking prior public comment on 

this delay is impractical, and contrary to 


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