35116 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The 

Department of State published a final 

rule (Public Notice 4723) in the Federal 

Register of May 21, 2004, amending 

Category XII of the United States 

Munitions List. This document restores 

the language in the note after Category 

XII(c). 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Exports, U.S. 

Munitions List. 

■ Accordingly, 22 CFR part 121 is 

corrected by making the following 

correcting amendment: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp. p.79; 22 U.S.C. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

■ 2. In § 121.1(c), Category XII, revise 

the introductory text of the note after 

paragraph (c) to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

(c) * * * 

* * * * * 

Category XII—Fire Control, Range Finder, 

Optical and Guidance and Control 

Equipment 

(c) * * * 

Note: Special Definition. For purposes of 

this subparagraph, second and third 

generation image intensification tubes are 

defined as having: A peak response within 

the 0.4 to 1.05 micron wavelength range and 

incorporating a microchannel plate for 

electron image amplification having a hole 

pitch (center-to-center spacing) of less than 

25 microns and having either: 

* * * * * 

Dated: July 6, 2009. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. E9–16798 Filed 7–17–09; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 11 

[A.G. Order No. 3089–2009] 

Office of the Attorney General; 

Administration of Debt Collection; 

Salary and Administrative Offset; 

Treasury Offset Program 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This rule amends the 

regulations that govern administrative 

debt collection at the Department of 

Justice to bring the regulations into 

conformity with government-wide 

standards on salary offset procedures, to 

update or delete obsolete references and 

to make other clarifying or technical 

changes. 

DATES: Effective Date: July 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stuart Frisch, General Counsel, or 

Morton J. Posner, Attorney-Advisor, 

Justice Management Division, U.S. 

Department of Justice, Washington, DC 

20530, (202) 514–3452. 

SUPPLEMENTARY INFORMATION: This rule 

updates the Department’s administrative 

debt collection regulations at 28 CFR 

Part 11, Subparts B and C, originally 

issued in 1992. This rule makes changes 

only to the Department’s internal 

management and does not affect the 

rights or obligations of the general 

public. In particular, the rule makes four 

kinds of changes. 

First, the rule updates or deletes 

obsolete references. Sections 11.4(a), 

(b)(4), 11.6(j), and 11.8(j) cite the 

Federal Claims Collection Standards 

(FCCS). Formerly in title 4, Code of 

Federal Regulations, the FCCS were 

substantially revised and reissued in 

2000 at 31 CFR Parts 900–904. Those 

references are updated. References to 

the former Immigration and 

Naturalization Service in § 11.6(b), an 

outdated Department of Justice order in 

§ 11.6(e), and an outdated notification 

requirement in § 11.8(a) are deleted. The 

title of Subpart C is revised with the 

updated name of the former IRS Tax 

Refund Offset Program. 

Second, the rule revises the § 11.7 

exemptions to the employee salary 

offset procedure in § 11.8. The revisions 

bring the rule into conformity with the 

government-wide standard set out in 5 

CFR § 550.1104(c). 

Third, the rule makes clarifying 

changes. In § 11.4(b)(3)(iii), the rule now 

more clearly states that the employee 

salary offset procedures of § 11.8 do not 

apply to recovery of travel advances and 

employee training expenses. In 

§ 11.8(c)(4)(i) and (5), the rule is revised 

to clarify that the deadlines for hearing 

and decision of an employment-related 

debt review are triggered by the receipt 

of the hearing request by the hearing 

officer the Department designates. These 

clarifying changes are consistent with 

the Department’s longstanding 

interpretation of the prior regulations. 

Fourth, the rule makes technical 

corrections. In § 11.8(b)(2) and (3), the 

term ‘‘salary offset coordination official’’ 

is changed to ‘‘salary offset coordination 

officer,’’ a term already defined in 

§ 11.6(r). The rule corrects typographical 

errors in the prior version of §§ 11.5(b) 

and 11.6(h)(1). 

Administrative Procedure Act 

This rule relates to agency 

management or personnel and, pursuant 

to 5 U.S.C. 553(a)(2), it is exempt from 

the usual requirements of 5 U.S.C. 553 

pertaining to prior notice and comment 

and a 30-day delay in effective date. 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this 

regulation and by approving it certifies 

that this regulation will not have a 

significant economic impact on a 

substantial number of small entities 

because it pertains only to personnel 

and administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis was not required to 

be prepared for this final rule because 

the Department was not required to 

publish a general notice of proposed 

rulemaking for this matter. 

Executive Order 12866—Regulatory 

Planning and Review 

This action has been drafted and 

reviewed in accordance with Executive 

Order 12866 Regulatory Planning and 

Review, § 1(b), Principles of Regulation. 

This rule is limited to agency 

organization, management, and 

personnel as described by Executive 

Order 12866 § 3(d)(3) and, therefore, is 

not a ‘‘regulation’’ as defined by that 

Executive Order. Accordingly, this 

action has not been reviewed by the 

Office of Management and Budget. 

Executive Order 12988—Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Executive Order 13132—Federalism 

This regulation will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Assessment. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 35117 

Unfunded Mandates Reform Act of 

1995 

As noted above, this is not a rule for 

which a general notice of proposed 

rulemaking was required or published. 

In addition, this rule will not result in 

the expenditure by State, local and 

tribal governments, in the aggregate, or 

by the private sector, of $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This action pertains to agency 

organization and management, and does 

not substantially affect the rights or 

obligations of non-agency parties and, 

accordingly, is not a ‘‘rule’’ as that term 

is used by the Congressional Review Act 

(Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA)). Therefore, the 

reporting requirement of 5 U.S.C. 801 

does not apply. 

List of Subjects in 28 CFR Part 11 

Administrative practice and 

procedure, Claims, Debt collection, 

Government contracts, Government 

employees, Income taxes, Lawyers, 

Wages. 

■ Accordingly, by virtue of the authority 

vested in me as Attorney General, 

including 5 U.S.C. 301 and 28 U.S.C. 

509 and 510, part 11 of title 28 of the 

Code of Federal Regulations is amended 

as follows: 

PART 11—DEBT COLLECTION 

■ 1. The authority citation for part 11 is 

revised to read as follows: 

Authority: 5 U.S.C. 301, 5514; 28 U.S.C. 

509, 510; 31 U.S.C. 3711, 3718, 3720A. 

■ 2. Amend § 11.4 by revising the last 

sentence of paragraph (a), and 

paragraphs (b)(3)(iii) and (b)(4) to read 

as follows: 

§ 11.4 [Amended] 

(a) * * * This subpart is consistent 

with the Office of Personnel 

Management (OPM) regulations on 

salary offset, codified at 5 CFR part 550, 

subpart K, and with regulations on 

administrative offset contained within 

the Federal Claims Collection Standards 

(FCCS), 31 CFR part 901. 

(b) * * * 

(3) * * * 

(iii) In the case where collection of a 

debt is explicitly provided for or 

prohibited by another statute. The 

provisions of § 11.8 of this subpart do 

not apply to salary offset to recover 

travel advances under 5 U.S.C. 5705 or 

employee training expenses under 5 

U.S.C. 4108. 

(4) Nothing in this subpart precludes 

the compromise, suspension, or 

termination of collection actions where 

appropriate under the FCCS. 

* * * * * 

§ 11.5 [Amended] 

■ 3. Amend § 11.5(b) by removing the 

number ‘‘311’’ and adding the number 

‘‘31’’ in its place in the citation. 

■ 4. Amend § 11.6 by removing the 

phrase ‘‘the Immigration and 

Naturalization Service,’’ from paragraph 

(b); and revising paragraphs (e), (h)(1), 

and (j) to read as follows: 

§ 11.6 [Amended] 

* * * * * 

(e) Compromise means the forgiveness 

of a debt in accordance with 31 U.S.C. 

3711(a)(2) and Departmental order. 

* * * * * 

(h) * * * 

(1) Amounts withheld from benefits 

payable under title II of the Social 

Security Act where the withholding is 

required by law; 

* * * * * 

(j) Federal Claims Collection 

Standards (FCCS) means standards 

jointly published by the Secretary of the 

Treasury and the Attorney General at 31 

CFR parts 900–904. 

■ 5. Revise § 11.7 to read as follows: 

§ 11.7 Salary adjustments. 

The following debts shall not be 

subject to the salary offset procedures of 

§ 11.8: 

(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 4 

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 4 

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. 

■ 6. Amend § 11.8 by revising 

paragraphs (a) introductory text, (b)(2), 

and (b)(3), the second sentence of 

paragraph (c)(4)(i), the first sentence of 

paragraph (c)(5), and paragraph (j) to 

read as follows: 

§ 11.8 [Amended] 

(a) Notice requirements before offset. 

Deductions under the authority of 5 

U.S.C. 5514 will not be made unless the 

creditor agency provides the employee 

with a written Notice of Intent to Offset 

a minimum of 30 calendar days before 

salary offset is initiated. The Notice of 

Intent shall state: 

* * * * * 

(b) * * * 

(2) In response to a timely request 

submitted by the debtor, the designated 

salary offset coordination officer will 

notify the employee of the location and 

time when the employee may inspect 

and copy records related to the debt. 

(3) If the employee is unable 

personally to inspect the records, due to 

geographical or other constraints, the 

salary offset coordination officer shall 

arrange to send copies of such records 

to the employee. 

* * * * * 

(c) * * * 

(4) * * * 

(i) * * * If the hearing will be oral, 

the notice shall set forth the date, time, 

and location of the hearing, which must 

occur no more than 30 days after the 

request is received by the hearing 

officer. * * * 

* * * * * 

(5) * * * The hearing officer shall 

issue a written opinion stating his or her 

decision, based upon all evidence and 

information developed at the hearing, as 

soon as practicable after the hearing, but 

not later than 60 days after the date on 

which the petition was received by the 

hearing officer, unless the hearing was 

delayed at the request of the employee, 

in which case the 60-day decision 

period shall be extended by the number 

of days by which the hearing was 

postponed. * * * 

* * * * * 

(j) Interest, penalties, and 

administrative costs. Where the 

Department is the creditor agency, it 

shall assess interest, penalties, and 

administrative costs pursuant to 31 

U.S.C. 3717 and 31 CFR 901.9. 

* * * * * 

■ 7. Revise the heading of subpart C to 

read as follows: 


erowe on DSK5CLS3C1PROD with RULES
35118 Federal Register / Vol. 74, No. 137 / Monday, July 20, 2009 / Rules and Regulations 

Subpart C—Treasury Offset Program 

for Collection of Debts 

Dated: July 13, 2009. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. E9–17036 Filed 7–17–09; 8:45 am] 

BILLING CODE 4410–AR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0448] 

RIN 1625–AA08 

Special Local Regulation; Summer 

Marine Events, Coastal Massachusetts 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during various swim and high speed 

race events to be held along the coast of 

Massachusetts, June through September 

2009. These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the events. 

This action is intended to restrict vessel 

traffic before, during and after each 

event. 

DATES: Effective Dates: This rule is 

effective from from June 21, 2009, 

through September 5, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0448 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0448 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at two locations: 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Ensign Marie 

Haywood, Coast Guard Sector Boston, 

Waterways Management; telephone 

617–223–5160, e-mail 

michele.m.haywood@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations; telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive adequate 

notice from the events’ sponsors to 

submit a notice of proposed rulemaking 

(NPRM) and any delay in the 

regulation’s effective date could expose 

the public to unnecessary danger and 

therefore be contrary to the public’s 

interest. 

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

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register, for the reasons same late 

notice reasons described above. 

Background and Purpose 

This temporary rule establishes 

special local regulations concerning 

nine marine events. Several 

Massachusetts communities are holding 

marine events throughout the summer 

of 2009. These special local regulations 

will protect the maritime public from 

the dangers inherent in such events. The 

Captain of the Port does not anticipate 

any negative impact on vessel traffic 

due to implementation of these 

regulated areas. The regulation will 

protect the public by prohibiting entry 

into or movement within the proscribed 

portions of various coastal waterways 

during the marine events. 

Marine traffic may transit outside of 

the area during the effective period. 

Public notifications will be made prior 

to and during the effective period of 

each area via Broadcast and Local 

Notice to Mariners. 

Discussion of Rule 

This rule is necessary to ensure the 

safety of vessels and people during 

annual swim and high speed races in 

the Captain of the Port Boston area of 

responsibility that may pose a hazard to 

the public. This rule establishes 

temporary regulations at 33 CFR part 

100.35T–01–0448. The regulated areas 

will be enforced only immediately 

before, during, and after events that 

pose hazard to the public, and only 

upon notice by the Captain of the Port. 

The Captain of the Port will inform 

the public about the details of each 

swim and high speed race covered by 

these special local regulations using a 

variety of means, including, but is not 

limited to, Broadcast Notices to 

Mariners and Local Notices to Mariners. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule would be in effect for a period 

of less than two hours to a maximum of 

eleven hours on days events are held, 

vessel traffic can navigate around the 

special local regulation area during the 

effected period, vessels may be 

permitted to pass through the area with 

the permission of the Captain of the 

Port, and advance notification via 

broadcast notice to mariners and Local 

Notice to Mariners will be made before 

and during the effective period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 


erowe on DSK5CLS3C1PROD with RULES