Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27707 

a.m. and 4 p.m., Monday through 

Friday. 

Under section 512(c)(2)(F)(i) of the 

Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 360b(c)(2)(F)(i)), this 

approval qualifies for 5 years of 

marketing exclusivity beginning on the 

date of approval. 

FDA has determined under 21 CFR 

25.33 that this action is of a type that 

does not individually or cumulatively 

have a significant effect on the human 

environment. Therefore, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 520 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 520 is amended as follows: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. Add § 520.1372 to read as follows: 

§ 520.1372 Methimazole. 

(a) Specifications. Each tablet 

contains 2.5 or 5 milligrams (mg) 

methimazole. 

(b) Sponsor. See No. 043264 in 

§ 510.600 of this chapter. 

(c) Conditions of use in cats—(1) 

Amount. The starting dose is 2.5 mg 

every 12 hours. Following 3 weeks of 

treatment, the dose should be titrated to 

effect based on individual serum total 

T4 levels and clinical response. 

(2) Indications for use. For the 

treatment of hyperthyroidism. 

(3) Limitations. Federal law restricts 

this drug to use by or on the order of 

a licensed veterinarian. 

Dated: June 5, 2009. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E9–13685 Filed 6–10–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

31 CFR Part 285 

RIN 1510–AB19 

Debt Collection Authorities Under the 

Debt Collection Improvement Act of 

1996 

AGENCY: Financial Management Service, 

Fiscal Service, Treasury. 

ACTION: Interim final rule. 

SUMMARY: The Department of the 

Treasury, Financial Management 

Service, is amending its regulation 

governing the centralized offset of 

federal payments to collect nontax debts 

owed to the United States. The 

amendment removes the time limitation 

on the collection of nontax debts by 

centralized offset, consistent with a 

change in the statute on which it is 

based. The statutory change, enacted as 

part of the Food, Conservation and 

Energy Act of 2008, allows for the use 

of centralized offset of federal payments, 

including federal salary payments, to 

collect nontax debts owed to the United 

States irrespective of the amount of time 

the debt has been outstanding. 

DATES: This interim final rule is 

effective June 11, 2009. Comments must 

be received by August 10, 2009. 

ADDRESSES: The Financial Management 

Service (FMS) participates in the U.S. 

government’s eRulemaking Initiative by 

publishing rulemaking information on 

http://www.regulations.gov. 

Regulations.gov offers the public the 

ability to comment on, search, and view 

publicly available rulemaking materials, 

including comments received on rules. 

Comments on this rule, identified by 

docket FISCAL–FMS–2008–0002, 

should only be submitted using the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the Web site for 

submitting comments. 

Mail: Tom Dungan, Policy Analyst, 

Financial Management Service, 401 

14th Street, SW., Washington, DC 

20227. 

The fax and e-mail methods of 

submitting comments on rules to FMS 

have been retired. 

Instructions: All submissions received 

must include the agency name 

(‘‘Financial Management Service’’) and 

docket number FISCAL–FMS–2008– 

0002 for this rulemaking. In general, 

comments will be published on 

Regulations.gov without change, 

including any business or personal 

information provided. Comments 

received, including attachments and 

other supporting materials, are part of 

the public record and subject to public 

disclosure. Do not enclose any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

You may also inspect and copy this 

proposed rule at: Treasury Department 

Library, Freedom of Information Act 

(FOIA) Collection, Room 1428, Main 

Treasury Building, 1500 Pennsylvania 

Avenue, NW., Washington, DC 20220. 

Before visiting, you must call (202) 622– 

0990 for an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Dungan, Policy Analyst, at 

(202) 874–6660, or Tricia Long, Senior 

Attorney, at (202) 874–6680. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Food, Conservation and Energy 

Act of 2008, Public Law 110–334, 

Section 14219, 22 Stat. 923 (2008) (‘‘the 

Act’’) amended the Debt Collection Act 

of 1982 (as amended by the Debt 

Collection Improvement Act of 1996) to 

remove a restriction on the collection of 

debt by administrative offset, i.e., offset 

of payments pursuant to 31 U.S.C. 3716. 

Prior to this change, administrative 

offset to collect debt was only available 

if the debt was delinquent for a period 

of less than ten years. The amendment 

to the law allows for the collection of 

debt by administrative offset without 

any time limitation and applies to any 

debt outstanding on or after the date of 

the enactment of the Act. 

The changes to this rule conform to 

the statutory language by removing the 

ten-year time limitation on the 

collection of nontax debt by 

administrative offset, including 

centralized salary offset, by explicitly 

stating that no time limitation shall 

apply, and by explaining that by 

removing the time limitation, all debts, 

including debts that were ineligible for 

collection by offset prior to the removal 

of the time limitation, may now be 

collected by administrative offset and 

centralized salary offset. To avoid any 

undue hardship, we have added a 

requirement applicable to debts that 

were previously ineligible for collection 

by offset because they had been 

outstanding for more than ten years. For 

these debts, creditor agencies must 

certify to FMS that the notice of intent 

to offset was sent to the debtor after the 

debt became ten years delinquent. This 

is intended to alert the debtor that his 

debt may now be collected by offset and 

allows the debtor additional 


cprice-sewell on PRODPC61 with RULES
27708 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

opportunities to dispute the debt, enter 

into a repayment agreement or 

otherwise avoid offset. This requirement 

applies even in a case where notice was 

sent prior to the debt becoming ten 

years delinquent. This requirement 

applies only with respect to debts that 

were previously ineligible for collection 

by offset because of the time limitation. 

This requirement does not apply to 

debts, such as Department of Education 

student loan debts, that could be 

collected by offset without regard to any 

time limitation prior to this statutory 

change. 

II. Procedural Analyses 

Administrative Procedures Act 

This rule is being issued without prior 

public notice and comment because the 

changes to the rule are being made to 

conform to statutory requirements. 

Under 5 U.S.C. 553(b) and (d)(3), good 

cause exists to determine that notice 

and comment rulemaking is 

unnecessary and contrary to the public 

interest. The amendments made by this 

rule merely mirror amendments already 

enacted into law. Further delay in 

making these amendments would create 

an inconsistency between the law and 

the regulations and would cause 

confusion. 

Request for Comment on Plain Language 

Executive Order 12866 requires each 

agency in the Executive branch to write 

regulations that are simple and easy to 

understand. We invite comment on how 

to make the proposed rule clearer. For 

example, you may wish to discuss: (1) 

Whether we have organized the material 

to suit your needs; (2) whether the 

requirements of the rules are clear; or (3) 

whether there is something else we 

could do to make these rules easier to 

understand. 

Regulatory Planning and Review 

The final rule does not meet the 

criteria for a ‘‘significant regulatory 

action’’ as defined in Executive Order 

12866. Therefore, the regulatory review 

procedures contained therein do not 

apply. 

Regulatory Flexibility Act Analysis 

Because no notice of rulemaking is 

required, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. et 

seq.) do not apply. 

List of Subjects in 31 CFR Part 285 

Administrative practice and 

procedure, Child support, Child welfare, 

Claims, Credits, Debts, Disability 

benefits, Federal employees, 

Garnishment of wages, Hearing and 

appeal procedures, Loan programs, 

Privacy, Railroad retirement, Railroad 

unemployment insurance, Salaries, 

Social Security benefits, Supplemental 

Security Income (SSI), Taxes, Veteran’s 

benefits, Wages. 

■ For the reasons set forth in the 

preamble, we are amending 31 CFR part 

285 as follows: 

PART 285—DEBT COLLECTION 

AUTHORITIES UNDER THE DEBT 

COLLECTION IMPROVEMENT ACT OF 

1996 

■ 1. The authority citation for part 285 

continues to read as follows: 

Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 

31 U.S.C. 321, 3701, 3711, 3716, 3719, 

3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. 

13019, 61 FR 51763, 3 CFR, 1996 Comp., p. 

216. 

■ 2. In § 285.5: 

■ a. Remove paragraph (d)(3)(i)(C); 

■ b. Redesignate paragraphs (d)(3)(i)(D) 

and (d)(3)(i)(E) as paragraphs (d)(3)(i)(C) 

and (d)(3)(i)(D) respectively. 

■ c. Redesignate paragraphs (d)(6)(iii), 

(d)(6)(iv) and (d)(6)(v) as paragraphs 

(d)(6)(iv), (d)(6)(v) and (d)(6)(vi) 

respectively. 

■ d. Add paragraphs (d)(3)(v) and 

(d)(6)(iii) as follows: 

§ 285.5 Centralized offset of Federal 

payments to collect nontax debt owed to 

the United States. 

* * * * * 

(d) * * * 

(3) * * * 

(v) Creditor agencies may submit 

nontax debts to FMS for collection by 

centralized offset irrespective of the 

amount of time the debt has been 

outstanding. Accordingly, all nontax 

debts, including debts that were 

outstanding for ten years or longer prior 

to June 11, 2009 may be collected by 

centralized offset. 

* * * * * 

(6) * * * 

(iii) For debts outstanding more than 

ten years on or before June 11, 2009, the 

notice of intent to offset described in 

paragraph (d)(6)(ii)(A) of this section 

was sent to the debtor after the debt was 

outstanding for more than ten years, and 

that the debtor was afforded the rights 

described in paragraphs (d)(6)(ii)(B) 

through (E). This requirement will apply 

even in a case where notice was also 

sent prior to the debt being outstanding 

for ten years but does not apply to any 

debt that could be collected by offset 

without regard to any time limitation 

prior to June 11, 2009. 

■ 3. In § 285.7: 

■ a. Remove paragraph (d)(3)(ii); 

■ b. Redesignate paragraphs (d)(3)(iii) 

through (d)(3)(iv) as paragraphs (d)(3)(ii) 

through (d)(3)(iii) respectively . 

■ c. In paragraph (d)(4), revise all 

references to ‘‘paragraph (d)(3)(iv)’’ to 

read ‘‘paragraph (d)(3)(iii)’’. 

■ d. Add paragraphs (d)(6) and (d)(7) as 

follows: 

§ 285.7 Salary offset. 

* * * * * 

(d) * * * 

(6) Creditor agencies may submit 

nontax debts to FMS for collection by 

centralized salary offset irrespective of 

the amount of time the debt has been 

outstanding. Accordingly, all nontax 

debts, including debts that were 

outstanding for ten years or longer prior 

to June 11, 2009, may be collected by 

centralized salary offset. 

(7) For debts that were outstanding 

more than ten years on or before June 

11, 2009, creditor agencies must certify 

to FMS that the notice described in 

paragraph (d)(3)(ii) of this section was 

sent to the debtor after the debt was 

outstanding for ten years. This 

requirement will apply even in a case 

where notice was also sent prior to the 

debt being outstanding for ten years but 

does not apply to any debt that could be 

collected by offset without regard to any 

time limitation prior to June 11, 2009. 

* * * * * 

Dated: May 29, 2009. 

Gary Grippo, 

Acting Fiscal Assistant Secretary. 

[FR Doc. E9–13617 Filed 6–10–09; 8:45 am] 

BILLING CODE 4810–35–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0323; FRL–8915–8] 

Approval and Promulgation of 

Implementation Plans; Hawaii 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: Under the Clean Air Act, EPA 

is completing the process begun in 2005 

to revise the format of the 

‘‘identification of plan’’ section for the 

Hawaii State Implementation Plan (SIP). 

Specifically, EPA is adding the nonregulatory provisions and quasiregulatory measures to the revised 

‘‘identification of plan’’ section. The 

non-regulatory provisions and quasiregulatory measures affected by this 

format revision have been previously 


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