81 FR 12820 - General Regulations Under the Commodity Exchange Act

COMMODITY FUTURES TRADING COMMISSION

Federal Register Volume 81, Issue 48 (March 11, 2016)

Page Range		12820-12820
FR Document		2016-05576

Federal Register, Volume 81 Issue 48 (Friday, March 11, 2016)

[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Page 12820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05576]


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COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 1


General Regulations Under the Commodity Exchange Act

CFR Correction

    In Title 17 of the Code of Federal Regulations, Parts 1 to 40, 
revised as of April 1, 2015, on page 12, in Sec.  1.3, remove the 
second paragraph (aa)(3)(ii).

[FR Doc. 2016-05576 Filed 3-10-16; 8:45 am]
 BILLING CODE 1505-01-D

12820 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations

19.12 of this part for offset procedures entity generally take precedence over to the creditor agency the total amount
applicable to Commerce debts. debts owed to other agencies. The of its collection. If the Commerce entity
(3) This subpart C does not apply to Commerce entity that has been asked to is aware that the employee is entitled to
the collection of non-Commerce debts offset the payments may determine payments from the Civil Service
through tax refund offset. See 31 CFR whether to pay debts owed to other Retirement and Disability Fund, Federal
285.2 for tax refund offset procedures. agencies before paying a debt owed to Employee Retirement System, or other
(b) Administrative offset (including a Commerce entity. The Commerce similar payments, the Commerce entity
salary offset); certification. A Commerce entity that has been asked to offset the will provide written notice to the
entity will initiate a requested offset payments will determine the order in agency making such payments that the
only upon receipt of written which the debts will be collected based debtor owes a debt (including the
certification from the creditor agency on the best interests of the United amount) and that the provisions of 5
that the debtor owes the past-due, States. CFR 550.1109 have been fully complied
legally enforceable debt in the amount with. The creditor agency is responsible
stated, and that the creditor agency has § 19.21 What does a Commerce entity do for submitting a certified claim to the
fully complied with all applicable due upon receipt of a request to offset the
salary of a Commerce entity employee to
agency responsible for making such
process and other requirements payments before collection may begin.
contained in 31 U.S.C. 3716, 5 U.S.C. collect a debt owed by the employee to
another Federal agency? Generally, creditor agencies will collect
5514, and the creditor agency’s such monies through the Treasury
regulations, as applicable. Offsets will (a) Notice to the Commerce employee.
When a Commerce entity receives Offset Program as described in § 19.9(c)
continue until the debt is paid in full or of this part.
otherwise resolved to the satisfaction of proper certification of a debt owed by
one of its employees, the Commerce (3) Notice to the debtor. The
the creditor agency. Commerce entity will provide to the
(c) Where a creditor agency makes entity will begin deductions from the
employee’s pay at the next officially debtor a copy of any notices sent to the
requests for offset. Requests for offset creditor agency under paragraph (c)(2)
under this section shall be sent to the established pay interval. The Commerce
entity will send a written notice to the of this section.
Department of Commerce, ATTN: (d) When the debtor transfers to
Deputy Chief Financial Officer, 1401 employee indicating that a certified debt
claim has been received from the another Federal agency—(1) Notice to
Constitution Avenue NW., Room D200, the creditor agency. If the debtor
Washington, DC 20230. The Deputy creditor agency, the amount of the debt
claimed to be owed by the creditor transfers to another Federal agency
Chief Financial Officer will forward the before the debt is paid in full, the
request to the appropriate Commerce agency, the date deductions from salary
will begin, and the amount of such Commerce entity will notify the creditor
entity for processing in accordance with agency and will certify the total amount
this subpart C. deductions.
(b) Amount of deductions from of its collection on the debt. The
(d) Incomplete certification. A Commerce entity will provide a copy of
Commerce entity will return an Commerce employee’s salary. The
amount deducted under § 19.20(b) of the certification to the creditor agency.
incomplete debt certification to the The creditor agency is responsible for
creditor agency with notice that the this part will be the lesser of the amount
of the debt certified by the creditor submitting a certified claim to the
creditor agency must comply with debtor’s new employing agency before
paragraph (b) of this section before agency or an amount up to 15 percent
of the debtor’s disposable pay. collection may begin.
action will be taken to collect a debt (2) Notice to the debtor. The
from a payment issued by a Commerce Deductions shall continue until the
Commerce entity knows that the debt is Commerce entity will provide to the
entity. debtor a copy of any notices and
(e) Review. A Commerce entity is not paid in full or until otherwise instructed
by the creditor agency. Alternatively, certifications sent to the creditor agency
authorized to review the merits of the
the amount offset may be an amount under paragraph (d)(1) of this section.
creditor agency’s determination with
agreed upon, in writing, by the debtor (e) Request for hearing official. A
respect to the amount or validity of the
and the creditor agency. See § 19.12(g) Commerce entity will provide a hearing
debt certified by the creditor agency.
(f) When Commerce entities will not (salary offset process). official upon the creditor agency’s
comply with offset request. A Commerce (c) When the debtor is no longer request with respect to a Commerce
entity will comply with the offset employed by the Commerce entity—(1) entity employee. See 5 CFR 550.1107(a).
request of another agency unless the Offset of final and subsequent [FR Doc. 2016–05341 Filed 3–10–16; 8:45 am]
Commerce entity determines that the payments. If a Commerce entity BILLING CODE 3510–DP–P
offset would not be in the best interests employee retires or resigns or if his or
of the United States, or would otherwise her employment ends before collection
be contrary to law. of the debt is complete, the Commerce COMMODITY FUTURES TRADING
(g) Multiple debts. When two or more entity will continue to offset, under 31 COMMISSION
creditor agencies are seeking offsets U.S.C. 3716, up to 100 percent of an
from payments made to the same employee’s subsequent payments until 17 CFR Part 1
person, or when two or more debts are the debt is paid or otherwise resolved.
owed to a single creditor agency, the Such payments include a debtor’s final General Regulations Under the
Commerce entity that has been asked to salary payment, lump-sum leave Commodity Exchange Act
asabaliauskas on DSK3SPTVN1PROD with RULES

offset the payments may determine the payment, and other payments payable to CFR Correction
order in which the debts will be the debtor by the Commerce entity. See
collected or whether one or more debts 31 U.S.C. 3716 and 5 CFR 550.1104(l) In Title 17 of the Code of Federal
should be collected by offset and 550.1104(m). Regulations, Parts 1 to 40, revised as of
simultaneously. (2) Notice to the creditor agency. If the April 1, 2015, on page 12, in § 1.3,
(h) Priority of debts owed to employee is separated from the remove the second paragraph (aa)(3)(ii).
Commerce entity. For purposes of this Commerce entity before the debt is paid [FR Doc. 2016–05576 Filed 3–10–16; 8:45 am]
section, debts owed to a Commerce in full, the Commerce entity will certify BILLING CODE 1505–01–D

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Document Created: 2016-03-11 01:51:06
Document Modified: 2016-03-11 01:51:06

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
FR Citation		81 FR 12820