68416 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0690; Airspace 

Docket No. 10–ASW–2] 

Establishment of Class E Airspace; 

Berryville, AR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace for Berryville, AR, to 

accommodate Area Navigation (RNAV) 

Standard Instrument Approach 

Procedures (SIAP) at Carroll County 

Airport, Berryville, AR. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at the airport. 

DATES: Effective Date: 0901 UTC, 

January 13, 2011. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On September 2, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish Class E airspace for Berryville, 

AR, creating controlled airspace at 

Carroll County Airport (75 FR 53876) 

Docket No. FAA–2010–0690. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. Class 

E airspace designations are published in 

paragraph 6005 of FAA Order 7400.9U 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

to accommodate SIAPs at Carroll 

County Airport, Berryville, AR. This 

action is necessary for the safety and 

management of IFR operations at the 

airport. 

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 will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it establishes controlled 

airspace at Carroll County Airport, 

Berryville, AR. 

List 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 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

ASW AR E5 Berryville, AR [New] 

Carroll County Airport, AR 

(Lat. 36°22′53′′ N., long. 93°37′28′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8.9-mile 

radius of Carroll County Airport and within 

4 miles each side of the 253° bearing from the 

airport extending from the 8.9-mile radius to 

11.3 miles west of the airport. 

Issued in Fort Worth, Texas, on October 26, 

2010. 

Anthony D. Roetzel, 

Manager Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2010–28103 Filed 11–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 1 

Administrative Wage Garnishment 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: This final rule establishes 

debt collection regulations for the 

Federal Trade Commission (‘‘FTC’’ or 

‘‘Commission’’ or ‘‘agency’’) to conform 

to the Debt Collection Act of 1982, as 

amended by the Debt Collection 

Improvement Act of 1996, the Federal 

Claims Collection Standards, and other 

laws applicable to the collection of 

nontax debts owed to the FTC. 

DATES: This final rule is effective 

December 8, 2010. 

FOR FURTHER INFORMATION CONTACT: Ami 

Joy Rop, Attorney, Division of Planning 

and Information, at arop@ftc.gov; 

telephone number 202–326–2648 (Note: 

this is not a toll-free call); or write to: 

Federal Trade Commission, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule implements the FTC’s 

debt collection regulations to conform to 

the Debt Collection Act of 1982, Public 

Law 97–365, 96 Stat. 1749 (Oct. 25, 

1982), as amended by the Debt 

Collection Improvement Act of 1996 

(DCIA), Public Law 104–134, 110 Stat. 

1321, 1358 (Apr. 26, 1996), the Federal 

Claims Collection Standards, 31 CFR 

parts 900 through 904, Debt Collection 

Authorities Under the Debt Collection 

Improvement Act of 1996, 31 CFR part 


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Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 68417 

285, and other laws applicable to the 

collection of nontax debt owed to the 

Government. 

Section 31001(o) of the DCIA 

(codified at 31 U.S.C. 3720D) authorizes 

collection of Federal agency debt by 

administrative wage garnishment. Wage 

garnishment is a process whereby an 

employer withholds amounts from an 

employee’s wages and pays those 

amounts to the employee’s creditor in 

satisfaction of a withholding order. The 

DCIA authorizes Federal agencies to 

garnish no more than 15% of the 

disposable pay of a debtor to satisfy 

delinquent nontax debt owed to the 

United States. Prior to the enactment of 

the DCIA, agencies were required to 

obtain a court judgment before 

garnishing the wages of non-Federal 

employees. 

The DCIA directed the Secretary of 

the Treasury to issue implementing 

regulations (see 31 U.S.C. 3720D(h)) 

with respect to administrative wage 

garnishment. On May 6, 1998 (63 FR 

25136), the Department of the Treasury 

published a final rule implementing the 

statutory administrative wage 

garnishment requirements at 31 CFR 

285.11. Paragraph (f) of 31 CFR 285.11 

provides that ‘‘[a]gencies shall prescribe 

regulations for the conduct of 

administrative wage garnishment 

hearings consistent with this section or 

shall adopt this section without change 

by reference.’’ Under the DCIA, the 

Treasury Department serves as a 

coordinator for Federal debt collection 

through its Treasury Offset Program. 

This final rule would amend the 

FTC’s regulations at 16 CFR Part 1, 

Subpart N, to adopt 31 CFR 285.11 in 

its entirety. Specifically, the final rule 

would establish a new provision that 

would contain a cross-reference to 31 

CFR 285.11. 

II. Overview of the Administrative 

Wage Garnishment Process 

Readers should refer to the 

Department of the Treasury regulation at 

31 CFR 285.11 for details regarding the 

administrative wage garnishment 

procedures that would be adopted by 

this final rule. For the convenience of 

readers, the following presents an 

overview of the rules and procedures 

codified at 31 CFR 285.11. 

1. Notice to Debtor 

At least 30 days before the agency 

initiates garnishment proceedings, the 

agency will give the debtor written 

notice informing him or her of the 

nature and amount of the debt, the 

intention of the agency to collect the 

debt through deductions from pay, and 

an explanation of the debtor’s rights 

regarding the proposed action. 

2. Rights of Debtor 

The agency will provide the debtor 

with an opportunity to inspect and copy 

records related to the debt, to establish 

a repayment agreement, and to receive 

a hearing concerning the existence or 

amount of the debt and the terms of a 

repayment schedule. A hearing, which 

may be in writing, by telephone, or in 

person, must be held prior to the 

issuance of a withholding order if the 

debtor’s request is timely received. For 

hearing requests that are not received in 

the specified time frame, the agency 

need not delay the issuance of a 

withholding order prior to conducting a 

hearing. An agency may not garnish the 

wages of a debtor who has been 

involuntarily separated from 

employment until that individual has 

been re-employed continuously for at 

least 12 months. The debtor bears the 

responsibility of notifying the agency of 

the circumstances surrounding an 

involuntary separation from 

employment. 

3. Hearing Official 

The Department of the Treasury 

regulations authorize the head of each 

agency to designate any qualified 

individual as a hearing official. This 

final rule would provide that any 

hearing required to establish the FTC’s 

right to collect a debt through 

administrative wage garnishment will 

be conducted by a qualified individual 

selected by the Chairman of the 

Commission. The hearing official is 

required to issue a written decision no 

later than 60 days after the request for 

a hearing is made. The hearing official’s 

decision is the final agency action for 

purposes of judicial review. 

4. Employer’s Responsibilities 

The Treasury Department will send to 

the employer of a delinquent debtor a 

wage garnishment order directing that 

the employer pay a portion of the 

debtor’s wages to the Federal 

Government. The employer is required 

to certify certain payment information 

about the debtor. Employers are not 

required to vary their normal pay cycles 

in order to comply with these 

requirements. Employers are prohibited 

from taking disciplinary actions against 

the debtor because the debtor’s wages 

are subject to administrative 

garnishment. An agency may sue an 

employer for amounts not properly 

withheld from the wages payable to the 

debtor. 

5. Garnishment Amounts 

As provided in the DCIA, up to 15% 

of the debtor’s disposable pay for each 

pay period may be garnished. Special 

rules apply to calculating the amount to 

be withheld from a debtor’s pay that is 

subject to multiple withholding orders. 

A debtor may request a review by the 

agency of the amount being garnished 

under a wage garnishment order based 

on materially changed circumstances— 

such as disability, divorce, or 

catastrophic illness—which result in 

financial hardship. 

III. Procedural Requirements 

A. Administrative Procedure Act 

The FTC has determined that 

implementation of this rule without 

prior notice and the opportunity for 

public comment is warranted because 

this rule is one of agency procedure and 

practice and therefore is exempt from 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA) at 5 U.S.C. 

553(b)(A) and (B). 

This final rule parallels the existing 

operational regulations of other agencies 

to effectuate the collection of non-tariff 

and nontax debts to implement 31 

U.S.C. 3711. Because this rule parallels 

existing, long-standing rules that have 

already been subject to APA notice and 

comment procedures, we believe that 

publishing this rule with the usual 

notice and comment procedures is 

unnecessary. Accordingly, the FTC has 

determined that prior notice and public 

comment procedures would be 

unnecessary pursuant to 5 U.S.C. 

553(b)(B). 

B. Regulatory Flexibility Act 

Because the Commission has 

determined that it may issue these rules 

without public comment, the 

Commission is also not required to 

publish any initial or final regulatory 

flexibility analysis under the Regulatory 

Flexibility Act as part of such action. 

See 5 U.S.C. 603(a), 604(b). 

C. Paperwork Reduction Act of 1995 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506; 

5 CFR part 1320 Appendix A), the 

Commission has reviewed the final 

rules. The rules contain no collections 

of information pursuant to the 

Paperwork Reduction Act. 

List of Subjects in 16 CFR Part 1 

Administrative practice and 

procedure, Claims, Debts, Garnishment 

of wages, Hearing and appeal 

procedures, Pay administration, 

Salaries, Wages. 


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68418 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Rules and Regulations 

Authority and Issuance 

■ For the reasons set forth above, the 

Federal Trade Commission amends 16 

CFR part 1 as follows: 

■ 1. Amend part 1 by adding a new 

subpart N (consisting of § 1.100) to read 

as follows: 

Subpart N—Administrative Wage 

Garnishment 

Sec 

1.100 Administrative wage garnishment. 

Authority: 15 U.S.C. 46; 31 U.S.C. 3720D; 

31 CFR 285.11(f). 

§ 1.100 Administrative wage garnishment. 

(a) General. The Commission may use 

administrative wage garnishment for 

debts, including those referred to 

Financial Management Service, 

Department of Treasury, for crossservicing. Regulations in 31 CFR 285.11 

govern the collection of delinquent 

nontax debts owed to federal agencies 

through administrative garnishment of 

non-Federal wages. Whenever the 

Financial Management Service collects 

such a debt for the Commission using 

administrative wage garnishment, the 

statutory administrative requirements in 

31 CFR 285.11 will govern. 

(b) Hearing official. Any hearing 

required to establish the Commission’s 

right to collect a debt through 

administrative wage garnishment shall 

be conducted by a qualified individual 

selected at the discretion of the 

Chairman of the Commission, as 

specified in 31 CFR 285.11. 

By direction of the Commission. 

Richard C. Donohue, 

Acting Secretary. 

[FR Doc. 2010–28045 Filed 11–5–10; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 511 

RIN 2125–AF19 

Real-Time System Management 

Information Program 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: Section 1201 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) requires the 

Secretary of Transportation (Secretary) 

to establish a Real-Time System 

Management Information Program that 

provides, in all States, the capability to 

monitor, in real-time, the traffic and 

travel conditions of the major highways 

of the United States and to share these 

data with State and local governments 

and with the traveling public. This rule 

establishes minimum parameters and 

requirements for States to make 

available and share traffic and travel 

conditions information via real-time 

information programs. 

DATES: This rule is effective December 

23, 2010. Establishment of the real-time 

information program for traffic and 

travel conditions reporting along the 

Interstate system highways shall be 

completed no later than November 8, 

2014. Establishment of the real-time 

information program for traffic and 

travel conditions reporting along the 

State-designated metropolitan area 

routes of significance shall be 

completed no later than November 8, 

2016. Comments must be received on or 

before December 23, 2010. Late-filed 

comments will be considered to the 

extent practicable. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Rupert, FHWA Office of 

Operations, (202) 366–2194, or via 

e-mail at robert.rupert@dot.gov. For 

legal questions, please contact Ms. Lisa 

MacPhee, Attorney Advisor, FHWA 

Office of the Chief Counsel, (202) 366– 

1392, or via e-mail at 

lisa.macphee@dot.gov. Office hours for 

the FHWA are from 7:45 a.m. to 

4:15 p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document, the notice of 

proposed rulemaking (NPRM), and all 

comments received may be viewed on 

line through the Federal eRulemaking 

portal at: http://www.regulations.gov. 

The Web site is available 24 hours each 

day, 365 days each year. Please follow 

the instructions. 

An electronic copy of this document 

may also be downloaded by accessing 

the Office of the Federal Register’s home 

page at http://www.archives.gov or the 

Government Printing Office’s Web page 

at http://www.gpoaccess.gov/nara. 

Comments may be submitted 

electronically to the Federal 

eRulemaking portal at http:// 

www.regulations.gov. All comments 

should include the docket number that 

appears in the heading of this 

document. All comments received will 

be available for examination and 

copying at the above address from 9 

a.m. to 5 p.m., e.t., Monday through 

Friday, except Federal holidays. Those 

desiring notification of receipt of 

comments must include a selfaddressed, stamped postcard or you 

may print the acknowledgment page 

that appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments in 

any one of our dockets by the name of 

the individual submitting the comment 

(or signing the comment, if submitted 

on behalf of an association, business, or 

labor union). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70, Pages 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Background 

History 

Under the heading of ‘‘Congestion 

Relief,’’ section 1201 of SAFETEA–LU 

(Pub. L. 109–59, 119 Stat. 1144, Aug. 10, 

2005) requires the Secretary of 

Transportation to establish a Real-Time 

System Management Information 

Program to provide, in all States, the 

capability to monitor, in real-time, the 

traffic and travel conditions of the major 

highways of the United States and to 

share that information to improve the 

security of the surface transportation 

system, to address congestion problems, 

to support improved response to 

weather events and surface 

transportation incidents, and to 

facilitate national and regional highway 

traveler information. The purposes of 

the Real-Time System Management 

Information Program are to: 

(1) Establish, in all States, a system of 

basic real-time information for 

managing and operating the surface 

transportation system; 

(2) Identify longer range real-time 

highway and transit monitoring needs 

and develop plans and strategies for 

meeting such needs; and 

(3) Provide the capability and means 

to share that data with State and local 

governments and the traveling public. 

Section 1201(c)(1) of SAFETEA–LU 

states that as State and local 

governments develop or update regional 

intelligent transportation system (ITS) 

architectures, described in 23 CFR 

940.9, such governments shall explicitly 

address real-time highway and transit 

information needs and the systems 

needed to meet such needs, including 

addressing coverage, monitoring 

systems, data fusion and archiving, and 

methods of exchanging or sharing 

highway and transit information. The 

FHWA envisions that States carrying 

out updates of regional ITS architectures 

would consider broadening the 

geographic coverage area for gathering 


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