Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 27433 

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 § 285.1, revise paragraph (n) to 

read as follows: 

§ 285.1 Collection of past-due support by 

administrative offset. 

* * * * * 

(n) Administrative offset priorities. (1) 

A levy pursuant to the Internal Revenue 

Code of 1986 shall take precedence over 

deductions under this section. 

(2) Offsets will be applied first to pastdue support being enforced by the State 

before any other offsets under this part. 

* * * * * 

§ 285.2 [Amended] 

■ 3. Amend § 285.2 as follows: 

■ a. Remove paragraph (e); 

■ b. Redesignate paragraphs (f) through 

(l) as (e) through (k). 

■ c. In newly redesignated paragraph 

(e)(1)(ii), revise the reference to 

‘‘paragraph (f)(1)(i)’’ to read ‘‘paragraph 

(e)(1)(i)’’ and revise the reference to 

‘‘paragraph (g)’’ to read ‘‘paragraph (f)’’; 

and 

■ d. In newly redesignated paragraph 

(g), revise the reference to ‘‘paragraph 

(i)’’ to read ‘‘paragraph (h)’’. 

■ 4. In § 285.3, revise paragraph (d)(1) to 

read as follows: 

§ 285.3 Offset of tax refund payments to 

collect past-due support. 

* * * * * 

(d) Priorities for offset. (1) As 

provided in 26 U.S.C. 6402, a tax refund 

payment shall be reduced in the 

following order of priority: 

(i) First, by the amount of any pastdue support which is to be offset under 

26 U.S.C. 6402(c) and 42 U.S.C. 464; 

(ii) Second, by the amount of any 

past-due, legally enforceable debt owed 

to a Federal agency which is to be offset 

under 26 U.S.C. 6402(d), 31 U.S.C. 

3720A and § 285.2 of this part; and 

(iii) Third, by the amount of any pastdue, legally enforceable debt owed to 

States (other than past-due support) 

which is to be offset under 26 U.S.C. 

6402(e) or 26 U.S.C. 6402(f). 

* * * * * 

■ 5. In § 285.5, revise paragraph (f)(3) to 

read as follows: 

§ 285.5 Centralized offset of Federal 

payments to collect nontax debts owed to 

the United States. 

* * * * * 

(f) * * * 

(3) Priorities for collecting multiple 

debts owed by the payee. (i) A levy 

pursuant to the Internal Revenue Code 

of 1986 shall take precedence over 

deductions under this section. 

(ii) When a payment may be offset to 

collect more than one debt, amounts 

offset will be applied: 

(A) First, to satisfy any past-due 

support that that the State is collecting 

under section 464 of the Social Security 

Act (see 285.1 and 285.3 of this part); 

(B) Second, to satisfy any debts owed 

to Federal agencies, as described in this 

§ 285.5; and 

(C) Third, to any debts owed to States 

for debts other than past-due support 

(see §§ 285.6 and 285.8 of this part). 

* * * * * 

■ 6. In § 285.7, revise paragraph (h)(2) to 

read as follows: 

§ 285.7 Salary offset. 

* * * * * 

(h) * * * 

(2) When a salary payment may be 

reduced to collect more than one debt, 

amounts offset under this section will 

be applied to a debt only after amounts 

have been applied to satisfy past-due 

support debts being collected by the 

State pursuant to Section 464 of the 

Social Security Act. 

* * * * * 

■ 7. In § 285.8, revise paragraph (d)(1) to 

read as follows: 

§ 285.8 Offset of tax refund payments to 

collect state income tax obligations. 

* * * * * 

(d) * * * 

(1) As provided in 26 U.S.C. 6402, a 

tax refund payment shall be reduced 

first by the amount of any past-due 

support being enforced under section 

464 of the Social Security Act which is 

to be offset under 26 U.S.C. 6402(c); 

second by the amount of any past-due, 

legally enforceable debt owed to a 

Federal agency which is to be offset 

under 26 U.S.C. 6402(d); and third by 

any past-due, legally enforceable debt 

owed to a State (other than past-due 

support) which is to be offset under 26 

U.S.C. 6402(e) or 26 U.S.C. 6402(f). 

* * * * * 

Dated: May 29, 2009. 

Gary Grippo, 

Acting Fiscal Assistant Secretary. 

[FR Doc. E9–13613 Filed 6–9–09; 8:45 am] 

BILLING CODE 4810–35–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 538 

Sudanese Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Office of Foreign Assets 

Control of the U.S. Department of the 

Treasury (‘‘OFAC’’) is amending the 

Sudanese Sanctions Regulations to 

expand the scope of an existing 

authorization of certain imports for 

diplomatic or official personnel to 

include the provision of goods or 

services in the United States to the 

diplomatic missions of the Government 

of Sudan to the United States and the 

United Nations, and to the employees of 

such missions, subject to certain 

conditions. The amended section also 

authorizes the importation of goods or 

services into the United States by the 

regional Government of Southern Sudan 

and its employees that involve the 

transit or transshipment of goods 

through areas of Sudan other than the 

Specified Areas of Sudan, subject to 

certain conditions. 

DATES: Effective Date: June 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director for Compliance 

Outreach & Implementation, tel.: 202– 

622–2490, Assistant Director for 

Licensing, tel.: 202–622–2480, Assistant 

Director for Policy, tel.: 202–622–4855, 

Office of Foreign Assets Control, or 

Chief Counsel (Foreign Assets Control), 

tel.: 202–622–2410, Office of the 

General Counsel, Department of the 

Treasury (not toll free numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/ofac) or via 

facsimile through a 24-hour fax-on 

demand service, tel.: (202) 622–0077. 

Background 

The Sudanese Sanctions Regulations, 

31 CFR part 538 (the ‘‘SSR’’), were 

promulgated to implement Executive 

Order 13067 of November 3, 1997 (‘‘E.O. 

13067’’), in which the President 

declared a national emergency with 

respect to the policies and actions of the 

Government of Sudan. To deal with that 

emergency, E.O. 13067 imposed 

comprehensive trade sanctions with 

respect to Sudan and blocked all 

property and interests in property of the 

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27434 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 

Government of Sudan in the United 

States or within the possession or 

control of United States persons. On 

October 13, 2006, the President issued 

Executive Order 13412 (‘‘E.O. 13412’’), 

to take additional steps with respect to 

the emergency declared in E.O. 13067, 

and to implement the Darfur Peace and 

Accountability Act of 2006 (Pub. L. 

109–344, 120 Stat. 1869). While it 

exempted specified areas of Sudan from 

certain prohibitions in E.O. 13067, E.O. 

13412 continued the blocking of the 

Government of Sudan’s property and 

interests in property and imposed a 

country-wide prohibition on 

transactions relating to Sudan’s 

petroleum or petrochemical industries. 

E.O. 13412 also removed the regional 

Government of Southern Sudan from 

the definition of the Government of 

Sudan. On October 31, 2007, the SSR 

were amended to implement E.O. 13412 

(72 FR 61513, October 31, 2007). 

Today, OFAC is amending section 

538.515 of the SSR. Before its 

amendment, section 538.515 authorized 

all transactions ordinarily incident to 

the importation of any goods or services 

into the United States destined for 

official or personal use by the 

diplomatic missions of the Government 

of Sudan to the United States and to 

international organizations located in 

the United States, subject to certain 

conditions. OFAC is amending this 

section to expand the scope of the 

authorization to include the provision of 

goods or services in the United States to 

the diplomatic missions of the 

Government of Sudan to the United 

States and the United Nations, and to 

the employees of the diplomatic 

missions of the Government of Sudan to 

the United States and the United 

Nations, subject to certain conditions. 

Paragraph (a) of the revised section 

538.515 authorizes the importation of 

goods or services into the United States 

by, and the provision of goods or 

services in the United States to, the 

diplomatic missions of the Government 

of Sudan to the United States and the 

United Nations, subject to four 

conditions: (1) The goods or services 

must be for the conduct of the official 

business of the missions, or for personal 

use of the employees of the missions, 

and not for resale; (2) such transactions 

must not involve the purchase, sale, 

financing, or refinancing of real 

property; (3) such transactions are not 

otherwise prohibited by law; and (4) all 

such transactions must be conducted 

through an account at a U.S. financial 

institution specifically licensed by 

OFAC. A note to paragraph (a)(4) of the 

revised section 538.515 states that U.S. 

financial institutions are required to 

obtain specific licenses to operate 

accounts for, or extend credit to, the 

diplomatic missions of the Government 

of Sudan to the United States and the 

United Nations. 

Paragraph (b) of the revised section 

538.515 authorizes the importation of 

goods or services into the United States 

by, and the provision of goods or 

services in the United States to, the 

employees of the diplomatic missions of 

the Government of Sudan to the United 

States and the United Nations, subject to 

two conditions: (1) The goods or 

services must be for personal use of the 

employees of the missions, and not for 

resale; and (2) such transactions are not 

otherwise prohibited by law. 

Paragraph (c) of the revised section 

538.515 authorizes the importation of 

goods or services into the United States 

by the regional Government of Southern 

Sudan and its employees that involve 

the transit or transshipment of goods 

from the Specified Areas of Sudan 

through areas of Sudan other than the 

Specified Areas of Sudan, subject to two 

conditions: (1) The goods or services 

must be for the conduct of the business 

of the regional Government, or for 

personal use of the employees of the 

regional Government, and not for resale; 

and (2) such transactions are not 

otherwise prohibited by law. A note to 

paragraph (c) of revised section 538.515 

explains that the authorization 

contained in this paragraph permits the 

regional Government of Southern Sudan 

and its employees to import into the 

United States goods or services that 

have transited or transshipped through 

areas of Sudan other than the Specified 

Areas of Sudan without the need to 

obtain a specific license under 

§ 538.417. The importation of goods and 

services into the United States by the 

regional Government of Southern Sudan 

not involving the transit or 

transshipment through areas of Sudan 

other than the Specified Areas of Sudan 

is already exempt under §§ 538.212(g) 

and 538.305(b) and, therefore, requires 

no authorization. Similarly, the 

provision of goods and services in the 

United States to the regional 

Government of Southern Sudan and its 

employees already is exempt pursuant 

to §§ 538.212(g) and 538.305(b) and also 

requires no authorization. 

Public Participation 

Because the amendment of the SSR 

involves a foreign affairs function, the 

provisions of Executive Order 12866 

and the Administrative Procedure Act (5 

U.S.C. 553) requiring notice of proposed 

rulemaking, opportunity for public 

participation, and delay in effective date 

are inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to the SSR are contained in 31 CFR part 

501 (the ‘‘Reporting, Procedures and 

Penalties Regulations’’). Pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507), those collections of 

information have been approved by the 

Office of Management and Budget under 

control number 1505–0164. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number. 

List of Subjects in 31 CFR Part 538 

Administrative practice and 

procedure, Banks, Banking, Blocking of 

assets, Exports, Foreign trade, 

Humanitarian aid, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Specially designated 

nationals, Sudan, Terrorism, 

Transportation. 

■ For the reasons set forth in the 

preamble, the Office of Foreign Assets 

Control amends 31 CFR part 538 as 

follows: 

PART 538—SUDANESE SANCTIONS 

REGULATIONS 

■ 1. The authority citation for part 538 

continues to read as follows: 

Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 

2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601– 

1651, 1701–1706; Pub. L. 101–410, 104 Stat. 

890 (28 U.S.C. 2461 note); Pub. L. 106–387, 

114 Stat. 1549; Pub. L. 109–344, 120 Stat. 

1869; Pub. L. 110–96, 121 Stat. 1011; E.O. 

13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 

230; E.O. 13412, 71 FR 61369, 3 CFR, 2006 

Comp., p. 244. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 2. Revise § 538.515 to read as follows: 

§ 538.515 Sudanese diplomatic missions 

in the United States. 

(a) The importation of goods or 

services into the United States by, and 

the provision of goods or services in the 

United States to, the diplomatic 

missions of the Government of Sudan to 

the United States and the United 

Nations are authorized, provided that: 

(1) The goods or services are for the 

conduct of the official business of the 

missions, or for personal use of the 

employees of the missions, and are not 

for resale; 

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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 27435 

(2) The transaction does not involve 

the purchase, sale, financing, or 

refinancing of real property; 

(3) The transaction is not otherwise 

prohibited by law; and 

(4) The transaction is conducted 

through an account at a U.S. financial 

institution specifically licensed by 

OFAC. 

Note to paragraph (a)(4) of § 538.515: U.S. 

financial institutions are required to obtain 

specific licenses to operate accounts for, or 

extend credit to, the diplomatic missions of 

the Government of Sudan to the United 

States and the United Nations. 

(b) The importation of goods or 

services into the United States by, and 

the provision of goods or services in the 

United States to, the employees of the 

diplomatic missions of the Government 

of Sudan to the United States and the 

United Nations are authorized, provided 

that: 

(1) The goods or services are for 

personal use of the employees of the 

missions, and are not for resale; and 

(2) The transaction is not otherwise 

prohibited by law. 

(c) The importation of goods or 

services into the United States by the 

regional Government of Southern Sudan 

and its employees that involves the 

transit or transshipment of goods from 

the Specified Areas of Sudan through 

areas of Sudan other than the Specified 

Areas of Sudan is authorized, provided 

that: 

(1) The goods or services are for the 

conduct of the business of the regional 

Government, or for personal use of the 

employees of the regional Government, 

and are not for resale; and 

(2) The transaction is not otherwise 

prohibited by law. 

Note to paragraph (c) of § 538.515: The 

authorization contained in paragraph (c) of 

this section permits the regional Government 

of Southern Sudan and its employees to 

import into the United States goods or 

services that have transited or transshipped 

through areas of Sudan other than the 

Specified Areas of Sudan without the need 

to obtain a specific license under § 538.417. 

The importation of goods and services into 

the United States by the regional Government 

of Southern Sudan not involving transit or 

transshipment through areas of Sudan other 

than the Specified Areas of Sudan already is 

exempt pursuant to §§ 538.212(g) and 

538.305(b) and, therefore, requires no 

authorization. Similarly, the provision of 

goods and services in the United States to the 

regional Government of Southern Sudan and 

its employees already is exempt pursuant to 

§§ 538.212(g) and 538.305(b) and also 

requires no authorization. 

Dated: June 3, 2009. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E9–13523 Filed 6–9–09; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 1, 25, 66, 70, 72, 100, 110, 

133, 135, 136, 137, 138, 155, 157, 161, 

165, and 169 

[Docket No. USCG–2009–0416] 

RIN 1625–ZA23 

Navigation and Navigable Waters; 

Technical, Organizational and 

Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: This rule makes nonsubstantive changes throughout Title 33 

of the Code of Federal Regulations. The 

purpose of this rule is to make 

conforming amendments and technical 

corrections to Coast Guard navigation 

and navigable water regulations. This 

rule will have no substantive effect on 

the regulated public. These changes are 

provided to coincide with the annual 

recodification of Title 33 in July. 

DATES: This final rule is effective June 

10, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as the 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0146 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0416 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail LCDR Reed Kohberger, CG–5232, 

Coast Guard, telephone 202–372–1471, 

e-mail Reed.H.Kohberger@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Regulatory History 

II. Background 

III. Discussion of Rule 

IV. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Regulatory History 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under both 5 U.S.C. 

553(b)(A) and (b)(B), the Coast Guard 

finds this rule is exempt from notice 

and comment rulemaking requirements 

because these changes involve agency 

organization and practices. In addition, 

good cause exists for not publishing an 

NPRM for all revisions in the rule 

because they are all non-substantive 

changes. This rule consists only of 

corrections and editorial, organizational, 

and conforming amendments. These 

changes will have no substantive effect 

on the public; therefore, it is 

unnecessary to publish an NPRM. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that, for the same reasons, 

good cause exists for making this rule 

effective upon publication in the 

Federal Register. 

II. Background 

Each year the printed edition of Title 

33 of the Code of Federal Regulations is 

recodified on July 1. This rule, which 

becomes effective June 10, 2009, makes 

technical and editorial corrections 

throughout Title 33. This rule does not 

create any substantive requirements. 

III. Discussion of Rule 

This rule amends 33 CFR parts 1 and 

100 to affirm and clarify the delegation 

of authority by the Commandant to 

Coast Guard Captains of the Port to 

issue special local regulations. 

This rule updates Coast Guard 

headquarters and field office 

designations, telephone numbers, and 

Web site addresses. These updates are 

non-substantive and are located 

throughout 33 CFR parts 70, 133, 135, 

136, 137, and 138. Part 100 is amended 

to correct typographical and 

grammatical errors. 

This rule amends 33 CFR part 110 to 

standardize the format of latitude/ 

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