41584 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Avenue, 

College Park, GA 30337; Telephone 

(404) 305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA published a final rule in the 

Federal Register for Docket No. FAA 

2021–0169 (86 FR 50245, September 8, 

2021), amending Class D and Class E 

airspace for eight airports in the south 

Florida area. Subsequent to publication, 

the FAA found that the surface E 

airspace for Miami Executive Airport 

(formerly Kendall-Tamiami Executive 

Airport), required updating to mirror the 

airport’s Class D airspace, and was 

inadvertently omitted from the action. 

This action corrects this error by 

amending the surface E airspace for this 

airport by updating the airport’s name 

and geographic coordinates, as well as 

removing unnecessary verbiage 

referencing the Miami Class B airspace. 

Good Cause for No Notice and 

Comment 

Section 553(b)(3)(B) of Title 5, United 

States Code, (the Administrative 

Procedure Act) authorizes agencies to 

dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. The FAA finds 

that prior notice and public comment to 

this final rule is unnecessary due to the 

fact that there is no substantive change 

to the rule. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic routes, and 

reporting points. 

Correction to Final Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

adding the amended descriptor for the 

surface E airspace for Miami Executive 

Airport to the final rule of Amendment 

Class D and Class E Airspace; South 

Florida. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

Paragraph 6002 Class E Surface Area 

Airspace. 

* * * * * 

ASO FL E2 Miami Executive Airport, FL 

[Amended] 

Miami Executive Airport, FL 

(Lat. 25°38′51′′ N, long. 80°26′00′′ W) 

That airspace extending upward from the 

surface within a 3.5-mile radius of the Miami 

Executive Airport. This Class E airspace area 

is effective during the specific dates and 

times established in advance by a Notice to 

Air Missions. The effective date and time 

will thereafter be continuously published in 

the Chart Supplement. 

Issued in College Park, Georgia, on July 7, 

2022. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2022–14829 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–13–P 

COURT SERVICES AND OFFENDER 

SUPERVISION AGENCY 

28 CFR Part 814 

RIN 3225–AA18 

Collection by Offset From Indebted 

Government Employees 

AGENCY: Court Services and Offender 

Supervision Agency (CSOSA). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule codifies 

internal procedural requirements for the 

offset to employees’ salaries by the 

Court Services and Offender 

Supervision Agency for the District of 

Columbia as required by the Office of 

Personnel Management regulations. The 

OMB regulations require review and 

approval of this rulemaking by the 

Office of Personnel Management prior to 

its publication, CSOSA is publishing 

this rule as a direct final rule. 

DATES: This direct final rule is effective 

October 11, 2022 without further action, 

unless an adverse comment is received 

by August 12, 2022. If an adverse 

comment is received, CSOSA will 

publish a timely withdrawal of the rule 

in the Federal Register. 

ADDRESSES: Paul Girardo, Associate 

Director, Office of Financial 

Management, Court Services and 

Offender Supervision Agency, 633 

Indiana Ave. NW, Washington, DC 

20004. 

FOR FURTHER INFORMATION CONTACT: Paul 

Girardo, Associate Director, Office of 

Financial Management, Court Services 

and Offender Supervision Agency, 633 

Indiana Ave. NW, Washington, DC 

20004; telephone: 202–220–5718; email: 

Paul.Girardo@csosa.gov. 

SUPPLEMENTARY INFORMATION: The Office 

of Personnel Management, in its 

regulations at 5 CFR 550.1104, requires 

agencies to issue regulations governing 

the collection of a debt by salary offset. 

The Court Services and Offender 

Supervision Agency (CSOSA) has 

developed a new regulation in 

compliance with 5 CFR 550.1104. 


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CSOSA was established within the 

Executive Branch of the Federal 

Government by the National Capital 

Revitalization and Self-Government 

Improvement Act of 1997, Public Law. 

105–33, 111 Stat. 251, 712 (DC Code 24– 

1232, 24–1233). On August 4, 2000, 

CSOSA, including the Pretrial Services 

Agency for the District of Columbia 

(PSA), an independent entity within 

CSOSA, was certified by the Attorney 

General as an independent Federal 

agency. 

CSOSA provides supervisory and 

intervention services to individuals on 

probation, parole, and supervised 

release for District of Columbia Code 

violations. CSOSA also provides 

supervisory and intervention services to 

offenders from other jurisdictions in 

accordance with the Interstate Parole 

and Probation Compact. PSA 

supervises, monitors, and provides 

treatment services to defendants 

awaiting trial in the Superior Court for 

the District of Columbia (DC Superior 

Court) and the United States District 

Court for the District of Columbia (U.S. 

District Court). 

This part applies to employees of 

CSOSA and PSA, both hereinafter 

referred to as CSOSA employees. The 

CSOSA Director assumes overall 

responsibility for Agency compliance 

with this regulation. The CSOSA 

Director delegates the processing and 

administration of employee salary offset 

procedures for PSA employees to the 

PSA Director. 

I. Background 

This direct final rule (hereinafter part) 

responds to and complies with the 

requirements of the Office of Personnel 

Management’s regulations at 5 CFR part 

550 subpart K, Collection by Offset from 

Indebted Government Employees. 

This part covers internal Agency and 

government-wide collections of debt 

through the use of salary offset. 

Employees will be provided with notice, 

as set forth in the regulation. The part 

also notes any exceptions that apply to 

CSOSA’s collection of debts from 

employees through the use of salary 

offset. This part also: (1) details the 

process by which an employee may 

petition for a hearing; (2) delineates the 

hearing procedure; (3) specifies how the 

deductions will be made and the 

limitations on the amount and duration; 

(4) specifies the process for liquidating 

debt from a final paycheck and recovery 

from other payments due a separating 

employee; (5) provides information on 

how interest, penalties, and 

administrative costs will be assessed. 

II. Procedural Issues and Regulatory 

Review 

Administrative Procedure Act (APA): 

Because this rule pertains to changes 

required and approved by the Office of 

Personnel Management, CSOSA is 

issuing the rule as a direct final rule 

without general notice of proposed 

rulemaking. Any interested person, 

however, who wishes to submit 

comments on the rule may do so by 

writing or emailing the agency at the 

addresses given above in the ADDRESSES

caption. Should CSOSA receive any 

adverse comments, it will publish a 

document in the Federal Register 

withdrawing this rule. 

Executive Order 12866 and 13563 

(Regulatory Planning and Review): 

CSOSA does not anticipate that this 

direct final rule will have significant 

economic impact, raise novel issues, 

and/or have any other significant 

impacts because it simply implements 5 

CFR part 550, subpart K, which require 

federal agencies to update regulations 

governing the collection of debt by 

salary offset. Thus, this direct final rule 

is not a significant regulatory action 

under 3(f) of Executive Order 12866 and 

does not require an assessment of 

potential costs and benefits under 

6(a)(3) of the order. 

Regulatory Flexibility Act (RFA): The 

Regulatory Flexibility Act does not 

apply. This direct final rule will not 

directly regulate small entities. CSOSA, 

therefore, does not need to perform a 

regulatory flexibility analysis of small 

entity impacts. 

Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA): CSOSA has determined that 

this direct final rule does not impose a 

significant impact on a substantial 

number of small entities under the RFA; 

therefore, CSOSA is not required to 

produce any Compliance Guides for 

Small Entities as mandated by the 

SBREFA. 

Congressional Review Act: CSOSA 

has determined that this direct final rule 

is not a major rule under the 

Congressional Review Act, as it is 

unlikely to result in an annual effect on 

the economy of $100 million or more; is 

unlikely to result in a major increase in 

costs or prices for consumers, 

individual industries, Federal, state, or 

local government agencies or geographic 

regions; and is unlikely to have a 

significant adverse effect on 

competition, employment, investment, 

productivity, or innovation, or on the 

ability of U.S.-based enterprises to 

compete in domestic and export 

markets. 

Unfunded Mandates Reform Act 

(UMRA): This revision does not impose 

any Federal mandates on state, local, or 

tribal governments, or on the private 

sector within the meaning of the UMRA. 

National Environmental Policy Act 

(NEPA): This direct final rule will have 

no physical impact upon the 

environment and, therefore, will not 

require any further review under NEPA. 

Paperwork Reduction Act (PRA): The 

Paperwork Reduction Act does not 

apply because the rule does not impose 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq. 

Executive Order 13132 (Federalism): 

This final revision does not have new 

federalism implications under Executive 

Order 13132. 

Executive Order 12988 (Civil Justice 

Reform): This direct final rule meets 

applicable standards of 3(a) and 3(b)(2) 

of Executive Order 12988 and CSOSA 

has determined that the direct final rule 

will not unduly burden the Federal 

court system. 

Plain Language: E.O. 12866 and E.O. 

13563 require regulations to be written 

in a manner that is easy to understand. 

CSOSA has concluded that it has 

drafted this direct final rule in plain 

language. 

Assessment of Federal Regulations 

and Policies on Families: Section 654 of 

the Treasury and General Government 

Appropriations Act, enacted as part of 

the Omnibus Consolidated and 

Emergency Supplemental 

Appropriations Act of 1999 (Pub. L. 

105–277, 112 Stat. 2681) requires the 

assessment of the impact of this rule on 

family well-being. CSOSA has assessed 

this direct final rule and determined 

that the regulation is required by OPM 

and the subject activities are required of 

agencies with debt collection 

responsibilities. 

Executive Order 13175 (Indian Tribal 

Governments): CSOSA reviewed this 

direct final rule under the terms of E.O. 

13175 and has determined that the rule 

will not have tribal implications. 

Executive Order 12630 (Government 

Actions and Interference with 

Constitutionally Protected Property 

Rights): CSOSA has determined that this 

direct final rule is not subject to E.O. 

12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights, because it 

does not involve implementation of a 

policy with takings implications. 

Executive Order 13211 (Energy 

Supply): This CSOSA direct final rule 

was drafted and reviewed in accordance 

with E.O. 13211, Energy Supply. 

CSOSA has determined that this direct 


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final rule will not have a significant 

adverse effect on the supply, 

distribution, or use of energy and is not 

subject to E.O. 13211. 

List of Subjects in 28 CFR Part 814 

Debt collection; Employee 

indebtedness; Salary offset. 

Authority and Issuance 

■ In consideration of the foregoing, 

CSOSA adds 28 CFR 814 to read as 

follows: 

PART 814—SALARY OFFSET 

PROCEDURES 

Sec. 

814.1 Purpose and Scope. 

814.2 Definitions. 

814.3 Entitlement to notice, hearing, 

written responses and decisions. 

814.4 Exception to entitlement to notice, 

hearing, written responses, and final 

decisions. 

814.5 Notification before deductions begin. 

814.6 Petitions for hearing. 

814.7 Petitions for hearing made after time 

expires. 

814.8 Representation at the hearing. 

814.9 Procedures for hearing and final 

decisions. 

814.10 Method and source of deductions. 

814.11 Interest, penalties, and 

administrative costs. 

814.12 Non-waiver of rights by payments. 

814.13 Refunds. 

Authority: 5 U.S.C. 5514; 5 CFR part 550, 

subpart K; sec. 8(1) of E.O. 11609, 36 FR 

13747, 3 CFR, 1971–1975 Comp., p. 586. 

§ 814.1 Purpose and Scope. 

(a) Purpose. This part prescribes the 

Court Services and Offender 

Supervision Agency’s (CSOSA) 

standards and procedures for the 

collection of debts owed by CSOSA 

employees to the United States through 

voluntary or involuntary Agency salary 

offset. 

(b) Scope. (1) This part applies to 

internal and Government-wide 

collections of debts, owed by CSOSA 

employees, through administrative 

offset from the current pay account of 

the debtor without his or her consent. 

(2) The procedures contained in this 

part do not apply to— 

(i) Any case where an employee 

consents to collection through 

deduction(s) from the employee’s 

Agency pay account; 

(ii) Debts arising under the Internal 

Revenue Code (26 U.S.C. 1 et seq.); 

(iii) Debts arising under the tariff laws 

of the United States; 

(iv) Any case where collection of a 

debt by salary offset is explicitly 

provided for or prohibited by another 

statute (e.g., travel advances in 5 U.S.C. 

5705 and employee training expenses in 

5 U.S.C. 4108); or 

(v) Any other debt excluded by the 

Federal Claims Collection Standards 

(FCCS), 31 CFR parts 900 through 904. 

(3) This part does not preclude a 

CSOSA employee from requesting 

waiver of an erroneous payment under 

5 U.S.C. 5584, 10 U.S.C. 2774, or 32 

U.S.C. 716, or in any way questioning 

the amount or validity of a debt, in the 

manner prescribed by the Director. 

Similarly, this part does not preclude a 

CSOSA employee from requesting a 

waiver of the collection of a debt under 

any other applicable statutory authority. 

(4) Nothing in this part precludes the 

compromise of the debt, or the 

suspension or termination of collection 

actions, in accordance with 31 U.S.C. 

3711 or other applicable statutory 

authority. 

§ 814.2 Definitions. 

Administrative offset means 

withholding funds payable by the 

United States to, or held by the United 

States for, a person to satisfy a debt 

owed by the payee. 

Agency means an executive 

department or agency; a military 

department; the United States Postal 

Service; the Postal Rate Commission; 

the United States Senate; the United 

States House of Representatives; any 

court, court administrative office, or 

instrumentality in the judicial or 

legislative branches of the Government; 

or a Government Corporation. 

Creditor agency means the agency to 

which the debt is owed, including a 

debt collection center when acting on 

behalf of a creditor agency in matters 

pertaining to the collection of a debt (as 

provided in 5 CFR 550.1110). 

Day means calendar day. For 

purposes of computation, the last day of 

the period will be included unless it is 

a Saturday, Sunday, or a Federal 

holiday, in which case the next business 

day will be considered the last day of 

the period. 

Debt means an amount determined by 

an appropriate official to be owed to the 

United States from sources which 

include loans insured or guaranteed by 

the United States and all other amounts 

due the United States from fees, leases, 

rents, royalties, services, sales of real or 

personal property, overpayments, 

penalties, damages, interest, fines and 

forfeitures (except those arising under 

the Uniform Code of Military Justice), 

and all other similar sources. 

Debt collection Center means the 

Department of the Treasury, Department 

of Agriculture’s National Finance Center 

or other Government agency or division 

designated by the Secretary of the 

Treasury with authority to collect debts 

on behalf of creditor agencies in 

accordance with 31 U.S.C. 3711(g). 

Debtor means a Federal employee 

who owes a debt to the United States. 

Delinquent debt means a debt which 

the debtor does not pay or otherwise 

resolve by the date specified in the 

initial demand for payment, or in an 

applicable written repayment agreement 

or other instrument, including a post 

delinquency repayment agreement. 

Director means the CSOSA Director 

who is responsible for overall Agency 

(CSOSA/Pretrial Services Agency for the 

District of Columbia (PSA)) compliance 

with employee salary offset regulations. 

The CSOSA Director delegates the 

processing and administration of 

employee salary offset procedures for 

PSA employees to the PSA Director. 

Disposable Pay means that part of the 

debtor’s current basic, special, 

incentive, retired, and retainer pay, or 

other authorized pay, remaining after 

deduction of amounts required by law 

to be withheld (other than deductions to 

execute garnishment orders in 

accordance with 5 CFR parts 581 and 

582). For purposes of calculating 

disposable pay, legally required 

deductions that must be applied first 

include: tax levies pursuant to the 

Internal Revenue Code (title 26, United 

States Code); properly withheld taxes, 

Federal Insurance Contributions Act 

(FICA), Medicare; health and life 

insurance premiums; and retirement 

contributions. Amounts deducted under 

garnishment orders, including child 

support garnishment orders, are not 

legally required deductions for 

calculating disposable pay. 

Employee means any individual 

currently employed by CSOSA or PSA, 

as defined in this section, including 

seasonal and temporary employees and 

current members of the Armed Forces or 

a Reserve of the Armed Forces 

(Reserves). 

Evidence of Service means 

information retained by the Agency 

indicating the nature of the document to 

which it pertains, the date of mailing 

the document, and the address and 

name of the debtor to whom it is being 

sent. A copy of the dated and signed 

written notice of intent to offset 

provided to the debtor pursuant to this 

part may be considered evidence of 

service for purposes of this part. 

Evidence of service may be retained 

electronically so long as the manner of 

retention is sufficient for evidentiary 

purposes. 

FCCS means Federal Claims 

Collection Standards (FCCS), published 

in 31 CFR parts 900 through 904. 

Hearing means a review of the 

documentary evidence to confirm the 


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existence or amount of a debt or the 

terms of a repayment schedule. If the 

Director determines that the issues in 

dispute cannot be resolved by such a 

review, such as when the validity of the 

claim turns on the issue of credibility or 

veracity, the Director may provide an 

oral hearing. 

Hearing official is an administrative 

law judge or a hearing officer not under 

the control of the Director of CSOSA 

(per 5 CFR 550.1104(d)(7)). A hearing 

official oversees paper (documentary) 

and oral hearings and provides a written 

decision on salary offset issues. 

Paying agency means the agency 

employing the individual and 

authorizing the payment of his or her 

current pay. 

Salary Offset means an administrative 

offset to collect a debt under 5 U.S.C. 

5514 owed by a Federal employee 

through deductions at one or more 

officially established pay intervals from 

the current pay account of the employee 

without consent. 

Waiver means the cancellation, 

remission, forgiveness, or non-recovery 

of a debt owed by an employee to 

CSOSA or PSA or another agency as 

required or permitted by 5 U.S.C. 5584, 

8346(b), 10 U.S.C. 2774, 32 U.S.C. 716, 

or any other law. 

§ 814.3 Entitlement to notice, hearing, 

written responses and decisions. 

(a) Except as provided in § 814.4, each 

employee from whom CSOSA proposes 

to collect a debt using salary offset 

under this part is entitled to receive 

from CSOSA: 

(1) A written notice as described in 

§ 814.5; and 

(2) An opportunity to petition for a 

hearing and, if a hearing is given, to 

receive a written decision from the 

official within 60 days of holding the 

hearing on the following issues: 

(i) The determination concerning the 

existence or amount of the debt; and 

(ii) The repayment schedule, if it was 

not established by written agreement 

between the employee and CSOSA. 

(b) [Reserved] 

§ 814.4 Exception to entitlement to notice, 

hearing, written responses, and final 

decisions. 

For internal collections, the 

provisions of § 814.3 do not apply to: 

(a) Any adjustment to pay arising out 

of an employee’s election of coverage or 

a change in coverage under a Federal 

benefits program requiring periodic 

deductions from pay, if the amount to 

be recovered was accumulated over four 

pay periods or less; 

(b) A routine intra-agency adjustment 

of pay that is made to correct an 

overpayment of pay attributable to 

clerical or administrative errors or 

delays in processing pay documents, if 

the overpayment occurred within the 

four pay periods preceding the 

adjustment and, at the time of such 

adjustment, or as soon thereafter as 

practical, the individual is provided 

written notice of the nature and the 

amount of the adjustment and point of 

contact for contesting such adjustment; 

or 

(c) Any adjustment to collect a debt 

amounting to $50 or less, if, at the time 

of such adjustment, or as soon thereafter 

as practical, the individual is provided 

written notice of the nature and the 

amount of the adjustment and a point of 

contact for contesting such adjustment. 

§ 814.5 Notification before deductions 

begin. 

(a) CSOSA and/or a Debt Collection 

Center will provide employees 

notification before deductions begin. 

Except as provided in § 814.4, agency 

pay deductions under the authority of 5 

U.S.C. 5514 must not be made unless 

the Director (or authorized designee) 

provides the employee a written notice 

at least 30 days before any deduction 

begins. (For debts outstanding more 

than 10 years on or before June 11, 2009, 

see also 31 CFR 285.7(d) for additional 

notification requirements.) The written 

notice must state at a minimum: 

(1) CSOSA’s determination that a debt 

is owed, including the origin, nature, 

and amount of that debt; 

(2) CSOSA’s intention to collect the 

debt by means of deduction from the 

employee’s current disposable pay 

account; 

(3) The frequency and amount of the 

intended deduction (stated as a fixed 

dollar amount or as a percentage of pay, 

not to exceed 15 percent of disposable 

pay except as provided in § 814.10) and 

the intention to continue the deductions 

until the debt is paid in full or 

otherwise resolved; 

(4) An explanation of CSOSA’s policy 

concerning interest, penalties, and 

administrative costs, including a 

statement that such assessments must be 

made unless excused in accordance 

with the FCCS as defined in § 814.2; 

(5) The employee’s right to inspect 

and copy Government records relating 

to the debt or, if employee or his or her 

representative cannot personally inspect 

the records, to request and receive a 

copy of such records; 

(6) If not previously provided, the 

opportunity (under terms agreeable to 

CSOSA) to establish a schedule for the 

voluntary repayment of the debt or to 

enter into a written agreement to 

establish a schedule for repayment of 

the debt in lieu of offset. The agreement 

must be in writing, signed by both the 

employee and CSOSA; and documented 

in CSOSA’s files; 

(7) The employee’s right to a hearing 

conducted by an official arranged by 

CSOSA (an administrative law judge, or 

alternatively, a hearing official not 

under the control of the Director of 

CSOSA) if a petition is filed as 

prescribed in § 814.6; 

(8) The method and time period for 

petitioning for a hearing; 

(9) The name and address of the office 

to which the petition should be set. 

(10) That the timely and complete 

filing of a petition for hearing will stay 

the commencement of collection 

proceedings; 

(11) That a final decision on the 

hearing (if one is requested) will be 

issued at the earliest practical date, but 

not later than 60 days after the filing of 

the petition requesting the hearing 

unless the employee requests and the 

hearing official grants a delay in the 

proceedings; 

(12) That any knowingly false or 

frivolous statements, representations, or 

evidence may subject the employee to: 

(i) Disciplinary procedures 

appropriate under 5 U.S.C. chapter 75, 

5 CFR part 752, or any other applicable 

statutes or regulations; 

(ii) Penalties under the False Claims 

Act, 31 U.S.C. 3729–3731, or any other 

applicable statutory authority; or 

(iii) Criminal penalties under 18 

U.S.C. 286, 287, 1001, and 1002 or any 

other applicable statutory authority; 

(13) Any other rights and remedies 

available to the employee under statutes 

or regulations governing the program for 

which the collection is being made; 

(14) Unless there are applicable 

contractual or statutory provisions to 

the contrary, that amounts paid on or 

deducted for the debt which are later 

waived or found not owed to the United 

States will be promptly refunded to the 

employee; and 

(15) Proceedings with respect to such 

debt are governed by 5 U.S.C. 5514. 

(b) The Director, as defined in § 814.2, 

will retain evidence of service 

indicating the date of mailing of the 

notice. 

§ 814.6 Petitions for hearing. 

(a) To request a hearing concerning 

the existence or amount of the debt or 

the offset schedule established by the 

Agency, the employee must send a 

written petition to the office designated 

in the notice of intent to offset, see 

§ 814.5(a)(9), within 15 days of receipt 

of the deduction notice, stating why the 

employee believes the determination of 

the Agency concerning the existence or 


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amount of the debt is in error or 

requesting changes to the proposed 

deduction frequency and amount. 

(b) The petition must: 

(1) Be signed by the employee; 

(2) Fully identify and explain with 

reasonable specificity all the facts, 

evidence, and witnesses, if any, that the 

employee believes support the 

employee’s position; and 

(3) Specify whether an oral or paper 

(documentary) hearing is requested. If 

an oral hearing is requested, the request 

should explain why the matter cannot 

be resolved by review of the 

documentary evidence alone. 

§ 814.7 Petitions for hearing made after 

time expires. 

(a) If the petition for hearing is filed 

after the 15-day period provided for in 

§ 814.6, the Director may grant the 

request if the employee can establish 

that the delay was the result of 

circumstances beyond the employee’s 

control, or that the employee failed to 

receive actual notice of the filing 

deadline. 

(b) An employee waives the right to 

a hearing, and will have his or her 

disposable pay offset in accordance with 

the offset schedule established by the 

Agency, if the employee: 

(1) Fails to file a timely request for a 

hearing, unless such failure is excused; 

or 

(2) Fails to appear at an oral hearing, 

of which the employee was notified, 

unless the hearing official determines 

that the failure to appear was due to 

circumstances beyond the employee’s 

control. 

(c) The following procedure is 

instituted upon a failure to appear at a 

hearing. 

(1) In the absence of good cause 

shown (e.g., illness), an employee who 

fails to appear at a hearing shall be 

deemed, for the purpose of this part, to 

admit the existence and amount of the 

debt as described in the notice of intent. 

(2) If the representative of the creditor 

agency fails to appear, the hearing 

official shall proceed with the hearing 

as scheduled and make a determination 

based upon oral testimony presented 

and the documentary evidence 

submitted by both parties. With the 

agreement of both parties, the hearing 

official shall schedule a new hearing 

date, and both parties shall be given 

reasonable notice of the time and place 

of the new hearing. 

§ 814.8 Representation at the hearing. 

(a) The creditor agency may be 

represented by legal counsel. 

(b) The employee may be selfrepresented or may be represented by an 

individual of the employee’s choosing, 

at the employee’s expense. 

§ 814.9 Procedures for hearing and final 

decisions. 

(a) Form of hearings—(1) General. 

After the employee requests a hearing, 

the hearing official shall notify the 

employee of the form of the hearing. If 

the hearing will be oral, the notice shall 

set forth the date, time, and location of 

the hearing. If the hearing will be a 

review of the written record, the 

employee shall be notified that he or she 

should submit evidence and arguments 

in writing to the hearing official by a 

specified date, after which the record 

shall be closed. The date specified shall 

give the employee reasonable time to 

submit documentation. 

(2) Oral hearing. An employee who 

requests an oral hearing shall be 

provided an oral hearing, if the hearing 

official determines that the matter 

cannot be resolved by review of 

documentary evidence alone (e.g., when 

an issue of credibility or veracity is 

involved). Where an oral hearing is 

appropriate, the hearing is not an 

adversarial adjudication and need not 

take the form of an evidentiary hearing, 

e.g., the rules of evidence do not apply. 

Oral hearings may take the form of, but 

are not limited to: 

(i) Informal conferences with the 

hearing official in which the employee 

and agency representative will be given 

full opportunity to present evidence, 

witnesses, and arguments; 

(ii) Informal meetings in which the 

hearing official interviews the 

employee; or 

(iii) Formal written submissions with 

an opportunity for oral presentations. 

(3) Paper (documentary) hearing. If 

the hearing official determines that an 

oral hearing is not necessary, the 

hearing official will make the 

determination based upon a review of 

the available written record. 

(4) Record. The hearing official shall 

maintain a summary record of any 

hearing conducted under this part. 

Witnesses who testify in oral hearings 

will do so under oath or affirmation. 

(b) Written decision—(1) Date of 

decision. The hearing officer shall issue 

a written opinion stating his or her 

decision, based upon documentary 

evidence and information developed at 

the hearing, as soon as practicable after 

the hearing, but not later than sixty (60) 

days after the date on which the hearing 

petition was received by the creditor 

agency, unless the employee requested 

a delay in the proceedings, in which 

case the 60-day decision period shall be 

extended by the number of days by 

which the hearing was postponed. 

(2) Content of decision. The written 

decision shall include: 

(i) A statement of the facts presented 

to support the origin, nature, and 

amount of the debt; 

(ii) The hearing official’s findings, 

analysis, and conclusions, including a 

determination whether the employee’s 

petition for hearing was baseless and 

resulted from an intent to delay creditor 

agency collection activity; and 

(iii) The terms of any repayment 

schedule, if applicable. 

§ 814.10 Method and source of 

deductions. 

(a) Types of deductions. Unless the 

debtor employee and the Director have 

agreed to an alternative repayment 

arrangement under § 814.9, a debt shall 

be collected in lump sum or by 

installment deductions at officially 

established pay intervals from an 

employee’s current pay account. 

(b) Limitation on amount of 

deduction. Ordinarily, the size of 

installment deductions must bear a 

reasonable relationship to the size of the 

debt and the employee’s ability to pay. 

However, the amount deducted for any 

pay period must not exceed 15 percent 

of the disposable pay from which the 

deduction is made, unless the employee 

has agreed in writing to the deduction 

of a greater amount, as outlined in 

§ 814.10(c) and/or a higher deduction 

has been ordered by a court under 

section 124 of Public Law 97–276 (96 

Stat. 1195). 

(c) Duration of deductions—(1) Lump 

sum. If the amount of the debt is equal 

to or less than 15 percent of the 

employee’s disposable pay for an 

officially established pay interval, the 

debt generally will be collected in one 

lump-sum deduction. 

(2) Inability to pay lump sum. If the 

employee is deemed financially unable 

to pay in one lump sum or the amount 

of the debt exceeds 15 percent of the 

employee’s disposable pay for an 

officially established pay interval, the 

debt shall be collected in installments. 

Except as provided in paragraphs (e) 

and (f) of this section, installment 

deductions must be made over a period 

not greater than the anticipated period 

of active duty or employment. 

(d) When deductions may begin. (1) 

Deductions will begin on the date stated 

in the notice of intent, unless an 

alternative repayment agreement under 

§ 814.9 has been accepted or the 

employee has filed a timely request for 

a hearing. 

(2) If the employee files a timely 

petition for hearing as provided in 

§ 814.6, deductions will begin after the 

hearing official has provided the 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Rules and Regulations 41589 

1 Directive 4, as originally issued, was replaced 

and superseded by an amended version of Directive 

4, issued October 31, 2017. 

employee with a hearing and a final 

written decision has been rendered in 

favor of the Agency. 

(e) Liquidation from final check. If an 

employee retires, resigns, or the period 

of employment ends before collection of 

the debt is completed, the remainder of 

the debt will be offset under 31 U.S.C. 

3716 from subsequent payments of any 

nature (e.g., final salary payment or 

lump-sum leave) due the employee from 

the paying agency as of the date of 

separation. 

(f) Recovery from other payments due 

a separated employee. If the debt cannot 

be satisfied by offset from any final 

payment due the employee on the date 

of separation, the Director will liquidate 

the debt, where appropriate, by 

administrative offset under 31 U.S.C. 

3716 from later payments of any kind 

due the former employee (e.g., lump 

sum leave payment). 

§ 814.11 Interest, penalties, and 

administrative costs. 

Debts owed to the Agency shall be 

assessed interest, penalties and 

administrative costs in accordance with 

FCCS, 31 CFR 901.9. 

§ 814.12 Non-waiver of rights by 

payments. 

An employee’s involuntary payment, 

of all or any portion of a debt being 

collected under 5 U.S.C. 5514 must not 

be construed as a waiver of any rights 

which the employee may have under 5 

U.S.C. 5514 or any other provision of 

contract or law, unless there are 

statutory or contractual provisions to 

the contrary. 

§ 814.13 Refunds. 

(a) CSOSA will promptly refund 

amounts paid or deducted under this 

subpart to the appropriate party, when: 

(1) A debt is waived or otherwise 

found not owing to the United States 

(unless expressly prohibited by statute 

or regulation); or 

(2) The employee’s paying agency is 

directed by an administrative or judicial 

order to refund amounts deducted from 

his or her current pay. 

(b) Refunds do not bear interest unless 

required or permitted by law or 

contract. 

Richard S. Tischner, 

Director. 

[FR Doc. 2022–13241 Filed 7–12–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 589 

Publication of Ukraine-/Russia-Related 

Web General Licenses 2 and 10 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Publication of web general 

licenses. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing two 

general licenses (GLs) issued in the 

Ukraine-/Russia-Related Sanctions 

program: GL 2 and GL 10, each of which 

was previously issued on OFAC’s 

website and is now expired. 

DATES: GL 2 expired on September 26, 

2014, and GL 10 expired on October 1, 

2016. See SUPPLEMENTARY INFORMATION

for additional relevant dates. 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Assistant Director for Licensing, 

202–622–2480; Assistant Director for 

Regulatory Affairs, 202–622–4855; or 

Assistant Director for Sanctions 

Compliance & Evaluation, 202–622– 

2490. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

This document and additional 

information concerning OFAC are 

available on OFAC’s website: 

www.treas.gov/ofac. 

Background 

On March 6, 2014, the President, 

invoking the authority of, inter alia, the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.), 

issued Executive Order (E.O.) 13660, 

‘‘Blocking Property of Certain Persons 

Contributing to the Situation in 

Ukraine’’ (79 FR 13493, March 10, 

2014). In E.O. 13660, the President 

determined that the actions and policies 

of persons including persons who have 

asserted governmental authority in the 

Crimean region without the 

authorization of the Government of 

Ukraine that undermine democratic 

processes and institutions in Ukraine; 

threaten its peace, security, stability, 

sovereignty, and territorial integrity; and 

contribute to the misappropriation of its 

assets, constitute an unusual and 

extraordinary threat to the national 

security and foreign policy of the United 

States, and declared a national 

emergency to deal with that threat. 

The President subsequently issued 

E.O. 13661 of March 16, 2014, 

‘‘Blocking Property of Additional 

Persons Contributing to the Situation in 

Ukraine’’ (79 FR 15535 March 19, 2014), 

and E.O. 13662 of March 20, 2014, 

‘‘Blocking Property of Additional 

Persons Contributing to the Situation in 

Ukraine’’ (79 FR 16169, March 24, 

2014), both of which expanded the 

scope of the national emergency 

declared in E.O. 13660. On May 8, 2014, 

OFAC published the Ukraine Related 

Sanctions Regulations, 31 CFR part 589 

(which have since been reissued and 

renamed the Ukraine-/Russia-Related 

Sanctions Regulations), to implement 

E.O. 13660, E.O. 13661, and E.O. 13662 

(79 FR 26365, May 8, 2014). 

On September 12, 2014, pursuant to 

authorities delegated from the Secretary 

of the Treasury, the Director of OFAC 

issued Directive 4 under E.O. 13662. 

Directive 4, as originally issued,1

prohibited, among other things, the 

provision, exportation, or reexportation, 

directly or indirectly, of goods, services 

(except for financial services), or 

technology by U.S. persons or within 

the United States in support of 

exploration or production for 

deepwater, Arctic offshore, or shale 

projects that have the potential to 

produce oil in the Russian Federation, 

or in maritime area claimed by the 

Russian Federation and extending from 

its territory, and that involve any person 

determined to be subject to Directive 4, 

its property, or its interests in property. 

Also on September 12, 2014, OFAC, 

in consultation with the Department of 

State, issued GL 2, pursuant to E.O. 

13662, to authorize, through 12:01 a.m. 

eastern daylight time, September 26, 

2014, certain activities prohibited by 

Directive 4 under E.O. 13662 that are 

ordinarily incident and necessary to the 

wind down of operations, contracts, or 

other agreements involving persons 

determined to be subject to Directive 4 

and that were in effect prior to 

September 12, 2014. 

On December 19, 2014, the President, 

in order to take additional steps to 

address the Russian occupation of the 

Crimea region of Ukraine, issued E.O. 

13685, ‘‘Blocking Property of Certain 

Persons and Prohibiting Certain 

Transactions With Respect to the 

Crimea Region of Ukraine’’ (79 FR 

77357, December 24, 2014), pursuant to 

the national emergency declared in E.O. 

13660 and expanded by E.O. 13661 and 

E.O. 13662. 

On August 31, 2016, OFAC, in 

consultation with the Department of 

State, issued GL 10, pursuant to E.O. 

13685, to authorize, through 12:01 a.m. 


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