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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Federal Register / Vol. 90, No. 26 / Monday, February 10, 2025 / Rules and Regulations 9223 

the public interest in the orderly 

promulgation and implementation of 

regulations. For the foregoing reasons, 

the good cause exception in 5 U.S.C. 

553(d)(3) also applies to OHA’s decision to make this action effective 

immediately. 

Charles Dankert, 

Senior Advisor to the Secretary, Exercising 

the Delegated Authority of the Assistant 

Secretary for Policy, Management and Budget. 

[FR Doc. 2025–02472 Filed 2–7–25; 8:45 am] 

BILLING CODE 4334–CC–P 


ddrumheller on DSK120RN23PROD with RULES1