80 FR 54722 - Rules of Practice Before the Judicial Officer
POSTAL SERVICE Federal Register Volume 80, Issue 176 (September 11, 2015)
Federal Register Volume 80, Issue 176 (September 11, 2015)
| Page Range | 54722-54723 | |
| FR Document | 2015-22881 |
[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)] [Rules and Regulations] [Pages 54722-54723] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22881] ======================================================================= ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Parts 961 and 966 Rules of Practice Before the Judicial Officer AGENCY: Postal Service. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document contains the final revisions to the rules of practice before the Judicial Officer relative to debt collection against current and former employees. These revisions are necessary to implement an electronic filing system. DATES: Effective date: September 11, 2015. ADDRESSES: Written inquiries may be directed to: Postal Service Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E. Shapiro, (703) 812-1910. SUPPLEMENTARY INFORMATION: A. Background On July 1, 2015, the Judicial Officer Department published for comment proposed revisions to the rules of practice before the Judicial Officer relative to debt collection against current and former postal employees (39 CFR parts 961 and 966, respectively) to implement an electronic filing system (80 FR 37567-8). The period for comments closed on July 31, 2015, and no comments were received. The Judicial Officer has made no further revisions to the original proposed rules, which are now adopted as final. B. Parts Affected Part 961 of title 39, Code of Federal Regulations, contains the rules of practice in proceedings under section 5 of the Debt Collection Act of 1982, as amended, 5 U.S.C. 5514, in which the Judicial Officer or an assigned Hearing Official provides the final agency adjudication for debt collection assessments by administrative salary offset issued by the Postal Service seeking to collect a debt owed it by a current employee. This authority is delegated by the Postmaster General. Part 966 of title 39, Code of Federal Regulations, contains the rules of practice in proceedings relative to administrative offsets initiated against former employees of the Postal Service under section 10 of the Debt Collection Act of 1982, as amended, 31 U.S.C. 3716, in which the Judicial Officer provides the final agency adjudication for debt collection assessments by administrative offset issued by the Postal Service seeking to collect a debt owed it by a former employee. This authority is delegated by the Postmaster General. C. Explanation of Changes Amendments to 39 CFR Part 961 In Sec. 961.4, concerning filing a petition:Paragraph (a) is amended to identify the internet address for the electronic filing system. Paragraph (b) is amended to indicate that a sample petition is available through the electronic filing system. In Sec. 961.6, concerning the filing, docketing, and serving of documents, paragraph (a) is amended to indicate when documents submitted by parties are considered received, and to indicate when service of documents on the opposing party is required for purposes of the electronic filing system. Amendments to 39 CFR Part 966 In Sec. 966.4, concerning filing a petition: Paragraph (c) is amended to identify the internet address for the electronic filing system. Paragraph (d) is amended to indicate that a sample petition is available through the electronic filing system. In Sec. 966.6, concerning the filing, docketing, and serving of documents, paragraph (a) is amended to indicate when documents submitted by parties are considered received, and to indicate when service of documents on the opposing party is required for purposes of the electronic filing system. List of Subjects 39 CFR Part 961 Claims, Government employees, Wages. 39 CFR Part 966 Administrative practice and procedure, Claims, Government employees, Wages. Accordingly, for the reasons stated, the Postal Service amends 39 CFR parts 961 and 966 as follows: PART 961--RULES OF PRACTICE IN PROCEEDINGS UNDER SECTION 5 OF THE DEBT COLLECTION ACT 0 1. The authority citation for 39 CFR part 961 continues to read as follows: Authority: 39 U.S.C. 204, 401; 5 U.S.C. 5514. 0 2. In Sec. 961.4, revise the first sentence of paragraph (a), and add a sentence at the beginning of paragraph (b) introductory text to read as follows: Sec. 961.4 Employee petition for a hearing. (a) If an employee desires a hearing, prescribed by section 5 of the Debt Collection Act, to challenge the Postal Service's determination of the existence or amount of a debt, or to challenge the involuntary repayment terms proposed by the Postal Service, the employee must file a written petition electronically at https://uspsjoe.justware.com/justiceweb, or by mail at Recorder, Judicial Officer Department, United States Postal Service, 2101 Wilson Blvd., Suite 600, Arlington, VA 22201-3078, on or before the fifteenth (15th) calendar day following the receipt of the Postal Service's ``Notice of Involuntary Administrative Salary Offsets Under the Debt Collection Act.'' * * * (b) A sample petition is available through the Judicial Officer Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* * * * * * * * 0 3. In Sec. 961.6, revise paragraph (a) to read as follows: Sec. 961.6 Filing, docketing, and serving documents; computation of time; representation of parties. (a) Filing. After a petition is filed, all documents relating to the Debt Collection Act hearing proceedings must be filed using the electronic filing system unless the Hearing Official permits otherwise. Documents submitted using the electronic filing system are considered filed as of the date/time (Eastern Time) reflected in the system. Documents mailed to the Recorder are considered filed on the date mailed as evidenced by a United States Postal Service postmark. Filings by any other means are considered filed upon receipt by the Recorder of a complete copy of the filing during normal business hours (Normal Recorder office business hours are between 8:45 a.m. and 4:45 p.m., Eastern Time). If both parties are participating via the electronic filing [[Page 54723]] system, separate service upon the opposing party is not required. Otherwise, documents shall be served personally or by mail on the opposing party, noting on the document filed, or on the transmitting letter, that a copy has been so furnished. * * * * * PART 966--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER EMPLOYEES OF THE POSTAL SERVICE 0 4. The authority citation for 39 CFR part 966 continues to read as follows: Authority: 31 U.S.C. 3716; 39 U.S.C. 204, 401, 2601. 0 5. In Sec. 966.4, revise paragraph (c), and add a sentence at the beginning of paragraph (d) introductory text to read as follows: Sec. 966.4 Petition for a hearing and supplement to petition. * * * * * (c) Within thirty (30) calendar days after the date of receipt of the Accounting Service Center's decision upon reconsideration, after the expiration of sixty (60) calendar days after a request for reconsideration where a reconsideration determination is not made, or following an administrative offset taken without prior notice and opportunity for reconsideration pursuant to paragraph (b)(1) of this section, the former employee must file a written petition electronically at https://uspsjoe.justware.com/justiceweb, or by mail at Recorder, Judicial Officer Department, United States Postal Service, 2101 Wilson Blvd., Suite 600, Arlington, VA 22201-3078. (d) A sample petition is available through the Judicial Officer Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* * * * * * * * 0 6. In Sec. 966.6, revise paragraph (a) to read as follows: Sec. 966.6 Filing, docketing, and serving documents; computation of time; representation of parties. (a) Filing. After a petition is filed, all documents required under this part must be filed using the electronic filing system unless the Hearing Official permits otherwise. Documents submitted using the electronic filing system are considered filed as of the date/time (Eastern Time) reflected in the system. Documents mailed to the Recorder are considered filed on the date mailed as evidenced by a United States Postal Service postmark. Filings by any other means are considered filed upon receipt by the Recorder of a complete copy of the filing during normal business hours (Normal Recorder office business hours are between 8:45 a.m. and 4:45 p.m., Eastern Time). If both parties are participating via the electronic filing system, separate service upon the opposing party is not required. Otherwise, documents shall be served personally or by mail on the opposing party, noting on the document filed, or on the transmitting letter, that a copy has been so furnished. * * * * * Stanley F. Mires, Attorney, Federal Compliance. [FR Doc. 2015-22881 Filed 9-10-15; 8:45 am] BILLING CODE 7710-12-P
![54722 Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations
used to grant general permission to current employee. This authority is Accordingly, for the reasons stated,
enter the safety zone. delegated by the Postmaster General. the Postal Service amends 39 CFR parts
Dated: August 27, 2015. Part 966 of title 39, Code of Federal 961 and 966 as follows:
M.H. Day, Regulations, contains the rules of
practice in proceedings relative to PART 961—RULES OF PRACTICE IN
Captain, U.S. Coast Guard, Captain of the PROCEEDINGS UNDER SECTION 5 OF
Port New York. administrative offsets initiated against
former employees of the Postal Service THE DEBT COLLECTION ACT
[FR Doc. 2015–22867 Filed 9–10–15; 8:45 am]
under section 10 of the Debt Collection ■ 1. The authority citation for 39 CFR
BILLING CODE 9110–04–P
Act of 1982, as amended, 31 U.S.C. part 961 continues to read as follows:
3716, in which the Judicial Officer
Authority: 39 U.S.C. 204, 401; 5 U.S.C.
provides the final agency adjudication
5514.
POSTAL SERVICE for debt collection assessments by
administrative offset issued by the ■ 2. In § 961.4, revise the first sentence
39 CFR Parts 961 and 966 Postal Service seeking to collect a debt of paragraph (a), and add a sentence at
owed it by a former employee. This the beginning of paragraph (b)
Rules of Practice Before the Judicial authority is delegated by the Postmaster introductory text to read as follows:
Officer General. § 961.4 Employee petition for a hearing.
AGENCY: Postal Service. C. Explanation of Changes (a) If an employee desires a hearing,
ACTION: Final rule. prescribed by section 5 of the Debt
Amendments to 39 CFR Part 961 Collection Act, to challenge the Postal
SUMMARY: This document contains the In § 961.4, concerning filing a Service’s determination of the existence
final revisions to the rules of practice petition: or amount of a debt, or to challenge the
before the Judicial Officer relative to • Paragraph (a) is amended to identify involuntary repayment terms proposed
debt collection against current and the internet address for the electronic by the Postal Service, the employee
former employees. These revisions are filing system. must file a written petition
necessary to implement an electronic electronically at https://
filing system. • Paragraph (b) is amended to
uspsjoe.justware.com/justiceweb, or by
indicate that a sample petition is
DATES: Effective date: September 11, mail at Recorder, Judicial Officer
available through the electronic filing
2015. Department, United States Postal
system.
Service, 2101 Wilson Blvd., Suite 600,
ADDRESSES: Written inquiries may be In § 961.6, concerning the filing, Arlington, VA 22201–3078, on or before
directed to: Postal Service Judicial docketing, and serving of documents, the fifteenth (15th) calendar day
Officer Department, 2101 Wilson paragraph (a) is amended to indicate following the receipt of the Postal
Boulevard, Suite 600, Arlington, VA when documents submitted by parties Service’s ‘‘Notice of Involuntary
22201–3078. are considered received, and to indicate Administrative Salary Offsets Under the
FOR FURTHER INFORMATION CONTACT: when service of documents on the Debt Collection Act.’’ * * *
Associate Judicial Officer Gary E. opposing party is required for purposes (b) A sample petition is available
Shapiro, (703) 812–1910. of the electronic filing system. through the Judicial Officer Electronic
SUPPLEMENTARY INFORMATION: Amendments to 39 CFR Part 966 Filing Web site (https://
uspsjoe.justware.com/justiceweb).* * *
A. Background In § 966.4, concerning filing a * * * * *
On July 1, 2015, the Judicial Officer petition:
■ 3. In § 961.6, revise paragraph (a) to
Department published for comment • Paragraph (c) is amended to identify read as follows:
proposed revisions to the rules of the internet address for the electronic
practice before the Judicial Officer filing system. § 961.6 Filing, docketing, and serving
relative to debt collection against • Paragraph (d) is amended to documents; computation of time;
current and former postal employees (39 indicate that a sample petition is representation of parties.
CFR parts 961 and 966, respectively) to available through the electronic filing (a) Filing. After a petition is filed, all
implement an electronic filing system system. documents relating to the Debt
(80 FR 37567–8). The period for In § 966.6, concerning the filing, Collection Act hearing proceedings
comments closed on July 31, 2015, and docketing, and serving of documents, must be filed using the electronic filing
no comments were received. The paragraph (a) is amended to indicate system unless the Hearing Official
Judicial Officer has made no further when documents submitted by parties permits otherwise. Documents
revisions to the original proposed rules, are considered received, and to indicate submitted using the electronic filing
which are now adopted as final. when service of documents on the system are considered filed as of the
opposing party is required for purposes date/time (Eastern Time) reflected in the
B. Parts Affected system. Documents mailed to the
of the electronic filing system.
Part 961 of title 39, Code of Federal Recorder are considered filed on the
Regulations, contains the rules of List of Subjects date mailed as evidenced by a United
practice in proceedings under section 5 39 CFR Part 961 States Postal Service postmark. Filings
of the Debt Collection Act of 1982, as by any other means are considered filed
amended, 5 U.S.C. 5514, in which the Claims, Government employees, upon receipt by the Recorder of a
rmajette on DSK7SPTVN1PROD with RULES
Judicial Officer or an assigned Hearing Wages. complete copy of the filing during
Official provides the final agency normal business hours (Normal
39 CFR Part 966
adjudication for debt collection Recorder office business hours are
assessments by administrative salary Administrative practice and between 8:45 a.m. and 4:45 p.m.,
offset issued by the Postal Service procedure, Claims, Government Eastern Time). If both parties are
seeking to collect a debt owed it by a employees, Wages. participating via the electronic filing
VerDate Sep<11>2014 15:06 Sep 10, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1](https://thefederalregister.org/doc/80_FR_54898/page/1.svg)
![Federal Register / Vol. 80, No. 176 / Friday, September 11, 2015 / Rules and Regulations 54723
system, separate service upon the by any other means are considered filed 3. Fax: (312) 692–2450.
opposing party is not required. upon receipt by the Recorder of a 4. Mail: Pamela Blakley, Chief,
Otherwise, documents shall be served complete copy of the filing during Control Strategies Section, Air Programs
personally or by mail on the opposing normal business hours (Normal Branch (AR–18J), U.S. Environmental
party, noting on the document filed, or Recorder office business hours are Protection Agency, 77 West Jackson
on the transmitting letter, that a copy between 8:45 a.m. and 4:45 p.m., Boulevard, Chicago, Illinois 60604.
has been so furnished. Eastern Time). If both parties are 5. Hand Delivery: Pamela Blakley,
* * * * * participating via the electronic filing Chief, Control Strategies Section, Air
system, separate service upon the Programs Branch (AR–18J), U.S.
PART 966—RULES OF PRACTICE IN opposing party is not required. Environmental Protection Agency, 77
PROCEEDINGS RELATIVE TO Otherwise, documents shall be served West Jackson Boulevard, Chicago,
ADMINISTRATIVE OFFSETS INITIATED personally or by mail on the opposing Illinois 60604. Such deliveries are only
AGAINST FORMER EMPLOYEES OF party, noting on the document filed, or accepted during the Regional Office
THE POSTAL SERVICE on the transmitting letter, that a copy normal hours of operation, and special
has been so furnished. arrangements should be made for
■ 4. The authority citation for 39 CFR deliveries of boxed information. The
* * * * *
part 966 continues to read as follows: Regional Office official hours of
Authority: 31 U.S.C. 3716; 39 U.S.C. 204, Stanley F. Mires, business are Monday through Friday,
401, 2601. Attorney, Federal Compliance. 8:30 a.m. to 4:30 p.m., excluding
[FR Doc. 2015–22881 Filed 9–10–15; 8:45 am] Federal holidays.
■ 5. In § 966.4, revise paragraph (c), and BILLING CODE 7710–12–P
Instructions: Direct your comments to
add a sentence at the beginning of Docket ID No. EPA–R05–OAR–2015–
paragraph (d) introductory text to read 0380. EPA’s policy is that all comments
as follows: received will be included in the public
ENVIRONMENTAL PROTECTION docket without change and may be
§ 966.4 Petition for a hearing and AGENCY made available online at
supplement to petition.
www.regulations.gov, including any
* * * * * 40 CFR Part 52
personal information provided, unless
(c) Within thirty (30) calendar days [EPA–R05–OAR–2015–0380; FRL–9933–65– the comment includes information
after the date of receipt of the Region 5] claimed to be Confidential Business
Accounting Service Center’s decision Information (CBI) or other information
upon reconsideration, after the Air Plan Approval; Indiana; SO2 whose disclosure is restricted by statute.
expiration of sixty (60) calendar days Revision for Walsh and Kelly Do not submit information that you
after a request for reconsideration where consider to be CBI or otherwise
a reconsideration determination is not AGENCY: Environmental Protection
Agency (EPA). protected through www.regulations.gov
made, or following an administrative or email. The www.regulations.gov Web
offset taken without prior notice and ACTION: Direct final rule. site is an ‘‘anonymous access’’ system,
opportunity for reconsideration which means EPA will not know your
pursuant to paragraph (b)(1) of this SUMMARY: The Environmental Protection
Agency (EPA) is approving a request identity or contact information unless
section, the former employee must file you provide it in the body of your
a written petition electronically at submitted by the Indiana Department of
Environmental Management (IDEM) on comment. If you send an email
https://uspsjoe.justware.com/justiceweb, comment directly to EPA without going
or by mail at Recorder, Judicial Officer June 1, 2015, to revise the Indiana state
implementation plan (SIP) for sulfur through www.regulations.gov your email
Department, United States Postal address will be automatically captured
Service, 2101 Wilson Blvd., Suite 600, dioxide (SO2). The revision updates
and included as part of the comment
Arlington, VA 22201–3078. information regarding Walsh and Kelly,
that is placed in the public docket and
(d) A sample petition is available Incorporated, a hot mix asphalt plant
made available on the Internet. If you
through the Judicial Officer Electronic located in Griffith, Lake County,
submit an electronic comment, EPA
Filing Web site (https:// Indiana. Walsh and Kelly, Incorporated,
recommends that you include your
uspsjoe.justware.com/justiceweb).* * * is replacing its aggregate drum dryer.
name and other contact information in
The revision does not change any of the
* * * * * the body of your comment and with any
SO2 control requirements and will not
■ 6. In § 966.6, revise paragraph (a) to disk or CD–ROM you submit. If EPA
result in an increase in SO2 emissions.
read as follows: cannot read your comment due to
DATES: This rule is effective on technical difficulties and cannot contact
§ 966.6 Filing, docketing, and serving November 10, 2015, unless EPA receives you for clarification, EPA may not be
documents; computation of time; adverse written comments by October able to consider your comment.
representation of parties. 13, 2015. If EPA receives adverse Electronic files should avoid the use of
(a) Filing. After a petition is filed, all comments, EPA will publish a timely special characters, any form of
documents required under this part withdrawal of the rule in the Federal encryption, and be free of any defects or
must be filed using the electronic filing Register and inform the public that the viruses.
system unless the Hearing Official rule will not take effect. Docket: All documents in the docket
permits otherwise. Documents ADDRESSES: Submit your comments, are listed in the www.regulations.gov
submitted using the electronic filing identified by Docket ID No. EPA–R05– index. Although listed in the index,
rmajette on DSK7SPTVN1PROD with RULES
system are considered filed as of the OAR–2015–0380, by one of the some information is not publicly
date/time (Eastern Time) reflected in the following methods: available, e.g., CBI or other information
system. Documents mailed to the 1. www.regulations.gov: Follow the whose disclosure is restricted by statute.
Recorder are considered filed on the on-line instructions for submitting Certain other material, such as
date mailed as evidenced by a United comments. copyrighted material, will be publicly
States Postal Service postmark. Filings 2. Email: blakley.pamela@epa.gov. available only in hard copy. Publicly
VerDate Sep<11>2014 15:06 Sep 10, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1](https://thefederalregister.org/doc/80_FR_54898/page/2.svg)
Document Created: 2015-12-15 09:59:24
Document Modified: 2015-12-15 09:59:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | Associate Judicial Officer Gary E. Shapiro, (703) 812-1910. | |
| FR Citation | 80 FR 54722 | |
| CFR Citation | 39
CFR
961 39 CFR 966 | |
| CFR Associated | Claims; Government Employees; Wages and Administrative Practice and Procedure |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR