81_FR_1325 81 FR 1318 - Debt Collection Authorities Under the Debt Collection Improvement Act of 1996

81 FR 1318 - Debt Collection Authorities Under the Debt Collection Improvement Act of 1996

DEPARTMENT OF THE TREASURY
Fiscal Service

Federal Register Volume 81, Issue 7 (January 12, 2016)

Page Range1318-1320
FR Document2015-33044

The Department of the Treasury, Bureau of the Fiscal Service, is amending its regulations concerning the offset of Federal benefit payments to collect past-due, legally enforceable nontax debt, centralized offset of Federal payments to collect nontax debts owed to the United States, salary offset, and transfer of debts to Treasury for collection. The amendment adjusts the time period in which Federal agencies must notify the Secretary of the Treasury of past due, nontax debt for the purposes of administrative offset. A statutory change, enacted as part of the Digital Accountability and Transparency Act of 2014, shortened the period of delinquency within which Federal agencies are required to notify the Secretary of past due, nontax debt from 180 days to 120 days.

Federal Register, Volume 81 Issue 7 (Tuesday, January 12, 2016)
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Rules and Regulations]
[Pages 1318-1320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33044]


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DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 285

RIN 1530-AA12


Debt Collection Authorities Under the Debt Collection Improvement 
Act of 1996

AGENCY: Bureau of the Fiscal Service, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Treasury, Bureau of the Fiscal Service, 
is amending its regulations concerning the offset of Federal benefit 
payments to collect past-due, legally enforceable nontax debt, 
centralized offset of Federal payments to collect nontax debts owed to 
the United States, salary offset, and transfer of debts to Treasury for 
collection. The amendment adjusts the time period in which Federal 
agencies must notify the Secretary of the Treasury of past due, nontax 
debt for the purposes of administrative offset. A statutory change, 
enacted as part of the Digital Accountability and Transparency Act of 
2014, shortened the period of delinquency within which Federal agencies 
are required to notify the Secretary of past due, nontax debt from 180 
days to 120 days.

DATES: This rule is effective January 12, 2016.

[[Page 1319]]


ADDRESSES: Bureau of the Fiscal Service, 401 14th Street SW., 
Washington, DC 20227.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 5 of the Digital Accountability and Transparency Act of 
2014, Public Law 113-101, amended a provision of the Debt Collection 
Improvement Act of 1996, codified at 31 U.S.C. 3716(c)(6), to change 
the time by which Federal agencies must notify the Secretary of the 
Treasury of past due, nontax debts for the purposes of administrative 
offset. The amendment changes the notice requirement from 180 days 
delinquent to 120 days delinquent.
    The changes to this rule conform to the statutory language by 
removing references to 180 days in the sections relating to: Offset of 
Federal benefit payments to collect past-due, legally enforceable 
nontax debt; centralized offset of Federal payments to collect nontax 
debts owed to the United States; salary offset; and the transfer of 
debts to Treasury for collection. In each instance, ``180 days'' is 
replaced with ``120 days.'' In addition, the rule makes revisions to 
address agencies that transfer debts to Fiscal Service for debt 
collection services and on behalf of which Fiscal Service submits debt 
for administrative offset. Federal agencies that are owed debt must 
transfer any debt that is more than 180 days delinquent to Fiscal 
Service for debt collection services. Administrative offset is one of 
the collection tools used by Fiscal Service to collect debt. Therefore, 
agencies transferring debts to Fiscal Service for debt collection are 
able to satisfy the notification requirement for administrative offset 
and the requirement to transfer delinquent debts with a single 
referral. Because the notice requirement for administrative offset is 
now 120 days and not 180 days, agencies relying on Fiscal Service to 
submit debts for administrative offset on their behalf must transfer 
the debts no later than 120 days after they become delinquent in order 
to meet the notification requirement for administrative offset. 
Agencies that do not rely on Fiscal Service to submit their debts for 
administrative offset must still transfer their debts no later than 180 
days after they become delinquent.

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.

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, Veterans' 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

0
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.

Sec.  285.4  [Amended]

0
2. In Sec.  285.4, in paragraph (d), remove ``180'' and add in its 
place ``120'' each place it appears.


Sec.  285.5  [Amended]

0
3. In Sec.  285.5, in paragraphs (d)(1) and (2) and two occurences in 
paragraph (d)(3)(iv), remove ``180'' and add in its place ``120''.


Sec.  285.7  [Amended]

0
4. In Sec.  285.7, in paragraph (d)(1), remove ``180'' and add in its 
place ``120''.

0
5. In Sec.  285.12, revise paragraphs (c)(1), (c)(3)(i), and (g) to 
read as follows:


Sec.  285.12  Governing transfer of debts to Treasury for collection.

* * * * *
    (c) * * *
    (1) Except as set forth in paragraph (d) of this section, a 
creditor agency shall transfer any debt that is more than 180 days 
delinquent to Fiscal Service for debt collection services. Agencies 
that transfer delinquent debts to Fiscal Service for the purposes of 
debt collection and that rely on Fiscal Service to submit the 
transferred debts for administrative offset on the agency's behalf must 
transfer the debts to Fiscal Service no later than 120 days after the 
debts become delinquent in order to satisfy the 120-day notice 
requirement for purposes of administrative offset. For accounting and 
reporting purposes, the debt remains on the books and records of the 
agency which transferred the debt.
* * * * *
    (3)(i) A debt is considered delinquent for purposes of this section 
if it is past due and is legally enforceable. A debt is past-due if it 
has not been paid by the date specified in the agency's initial written 
demand for payment or applicable agreement or instrument (including a 
post-delinquency payment agreement) unless other satisfactory payment 
arrangements have been made. A debt is legally enforceable if there has 
been a final agency determination that the debt, in the amount stated, 
is due and there are no legal bars to collection action. Where, for 
example, a debt is the subject of a pending administrative review 
process required by statute or regulation and collection action during 
the review process is prohibited, the debt is not considered legally 
enforceable for purposes of mandatory transfer to Fiscal Service and is 
not to be transferred even if the debt is more than 180 days past-due.
* * * * *
    (g) Administrative offset. As described in paragraph (c) of this 
section, under the DCIA, agencies are required to transfer all debts 
over 180 days delinquent to Fiscal Service for purposes of debt 
collection (i.e., cross-servicing). Agencies are also required, under 
the DCIA, to notify the Secretary of all debts over 120 days delinquent 
for purposes of administrative offset. Administrative offset is one 
type of collection tool used by Fiscal Service

[[Page 1320]]

and Treasury-designated debt collection centers to collect debts 
transferred under this section. Thus, by transferring debt to Fiscal 
Service or to a Treasury-designated debt collection center under this 
section, Federal agencies will satisfy the requirement to notify the 
Secretary of debts for purposes of administrative offset and duplicate 
referrals are not required. Agencies relying on Fiscal Service to 
submit debts for administrative offset on the agency's behalf must 
transfer the debts to Fiscal Service no later than 120 days after the 
debts become delinquent in order to satisfy the 120-day notice 
requirement for purposes of administrative offset. A debt which is not 
transferred to Fiscal Service for purposes of debt collection, however, 
such as a debt which falls within one of the exempt categories listed 
in paragraph (d) of this section, nevertheless may be subject to the 
DCIA requirement of notification to the Secretary for purposes of 
administrative offset.
* * * * *

David A. Lebryk,
Fiscal Assistant Secretary.
[FR Doc. 2015-33044 Filed 1-11-16; 8:45 am]
BILLING CODE P



                                            1318               Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations

                                            thefts and losses to ATF both                           Law enforcement officers, Military                     authorities at the licensee’s location or
                                            telephonically and by submitting Form                   personnel, Penalties, Reporting and                    business premises.
                                            3310.11. Licensees must also report the                 recordkeeping requirements, Research,                     (e) Licensees shall reflect the theft or
                                            theft or loss to the appropriate local                  Seizures and forfeitures, Transportation.              loss of a firearm as a disposition entry
                                            authorities.                                                                                                   in the Record of Acquisition and
                                               Pursuant to 27 CFR 479.141 and                       Authority and Issuance
                                                                                                                                                           Disposition required by subpart H of
                                            according to the instructions on Form                     Accordingly, for the reasons                         this part not later than 7 days following
                                            3310.11, licensees reporting the theft or               discussed in the preamble, 27 CFR part                 discovery of the theft or loss. The
                                            loss of registered NFA firearms must                    478 is amended as follows:                             disposition entry shall record whether
                                            provide additional notification to ATF.                                                                        the incident is a theft or loss, the ATF-
                                            As discussed in section I, no form exists               PART 478—COMMERCE IN FIREARMS                          Issued Incident Number, and the
                                            for this purpose, and the person                        AND AMMUNITION                                         Incident Number provided by the local
                                            reporting typically submits a letter with                                                                      law enforcement agency.
                                            the required information to the NFA                     ■ 1. The authority citation for 27 CFR                    (f) Licensees who report the theft or
                                            Branch. As part of this rulemaking,                     part 478 is revised to read as follows:                loss of a firearm and later discover its
                                            Form 3310.11, approved under OMB                          Authority: 5 U.S.C. 552(a); 18 U.S.C. 921–           whereabouts shall advise ATF at 1–888–
                                            control number 1140–0039, will capture                  931; 44 U.S.C. 3504(h).                                930–9275 (nationwide toll-free number)
                                            the information required by 27 CFR                                                                             that the firearm has been located, and
                                            479.141. Therefore, under this final rule,              ■   2. Revise § 478.39a to read as follows:
                                                                                                                                                           shall re-enter the firearm in the Record
                                            a licensee will satisfy its obligation to               § 478.39a    Reporting theft or loss of                of Acquisition and Disposition as an
                                            provide the required notification to the                firearms.                                              acquisition or disposition entry as
                                            NFA Branch by submitting Form                              (a)(1) Each licensee shall report the               appropriate.
                                            3310.11 to NTC, and NTC will notify the                 theft or loss of a firearm from the                      Dated: January 4, 2016.
                                            NFA Branch. Submitting Form 3310.11                     licensee’s inventory (including any
                                            will satisfy the requirements of both 27                                                                       Loretta E. Lynch,
                                                                                                    firearm which has been transferred from                Attorney General.
                                            CFR 478.39a and 27 CFR 479.141 with                     the licensee’s inventory to a personal
                                            one notification.                                                                                              [FR Doc. 2016–00112 Filed 1–11–16; 8:45 am]
                                                                                                    collection and held as a personal
                                               In addition, the instructions on Form                firearm for at least 1 year), or from the              BILLING CODE 4410–FY–P
                                            3310.11 state that a licensee must reflect              collection of a licensed collector, within
                                            the theft or loss of a firearm as a                     48 hours after the theft or loss is
                                            disposition entry in the A&D Record                     discovered.                                            DEPARTMENT OF THE TREASURY
                                            required by subpart H of part 478
                                                                                                       (2) When a firearm is stolen or lost in
                                            (formerly 178). These instructions                                                                             Fiscal Service
                                                                                                    transit on a common or contract carrier
                                            further state that the disposition entry
                                                                                                    (which for purposes of this paragraph
                                            should indicate whether the incident is                                                                        31 CFR Part 285
                                                                                                    includes the U.S. Postal Service), it is
                                            a theft or loss and include the ATF-
                                                                                                    considered stolen or lost from the
                                            Issued Incident Number and the                                                                                 RIN 1530–AA12
                                                                                                    transferor/sender licensee’s inventory
                                            Incident Number provided by the local
                                                                                                    for reporting purposes. Therefore, the                 Debt Collection Authorities Under the
                                            law enforcement agency. Finally, the
                                                                                                    transferor/sender of the stolen or lost                Debt Collection Improvement Act of
                                            instructions state that if the firearms are
                                                                                                    firearm shall report the theft or loss of              1996
                                            located, they should be re-entered in the
                                                                                                    the firearm within 48 hours after the
                                            A&D Record as acquisition entries. The                                                                         AGENCY:  Bureau of the Fiscal Service,
                                                                                                    transferor/sender discovers the theft or
                                            final rule adds both sets of these                                                                             Treasury.
                                                                                                    loss.
                                            instructions to the regulatory text in 27
                                                                                                       (b) Each licensee shall report the theft            ACTION: Final rule.
                                            CFR 478.39a with modifications. See
                                                                                                    or loss by telephoning ATF at 1–888–
                                            section V for full discussion of these                                                                         SUMMARY:   The Department of the
                                                                                                    930–9275 (nationwide toll-free number),
                                            revisions.                                                                                                     Treasury, Bureau of the Fiscal Service,
                                               The information collection required                  and by preparing and submitting to ATF
                                                                                                    a Federal Firearms Licensee Theft/Loss                 is amending its regulations concerning
                                            by 27 CFR 478.39a—i.e., the submission                                                                         the offset of Federal benefit payments to
                                            of Form 3310.11—has been approved by                    Report, ATF Form 3310.11, in
                                                                                                    accordance with the instructions on the                collect past-due, legally enforceable
                                            the Office of Management and Budget                                                                            nontax debt, centralized offset of
                                            under control number 1140–0039. This                    form. The original of the report shall be
                                                                                                    retained by the licensee as part of the                Federal payments to collect nontax
                                            final rule specifies that when a firearm                                                                       debts owed to the United States, salary
                                            is stolen or lost in transit, for reporting             licensee’s required records.
                                                                                                       (c) When a licensee submits to ATF a                offset, and transfer of debts to Treasury
                                            purposes, it is considered stolen or lost                                                                      for collection. The amendment adjusts
                                            from the transferor’s/sender’s inventory.               Federal Firearms Licensee Theft/Loss
                                                                                                    Report, ATF Form 3310.11, for the theft                the time period in which Federal
                                            Drafting Information                                    or loss of a firearm registered under the              agencies must notify the Secretary of the
                                              The author of this document is Denise                 National Firearms Act, this report also                Treasury of past due, nontax debt for the
                                            Brown, Office of Regulatory Affairs,                    satisfies the notification requirement                 purposes of administrative offset. A
                                            Enforcement Programs and Services,                      under § 479.141 of this chapter.                       statutory change, enacted as part of the
                                            Bureau of Alcohol, Tobacco, Firearms,                      (d) Theft or loss of any firearm shall              Digital Accountability and
                                            and Explosives.                                         also be reported to the appropriate local              Transparency Act of 2014, shortened the
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                                                                                                    authorities. If the location of the theft or           period of delinquency within which
                                            List of Subjects in 27 CFR Part 478                     loss is known, the local law                           Federal agencies are required to notify
                                              Administrative practice and                           enforcement agency at that location                    the Secretary of past due, nontax debt
                                            procedure, Arms and munitions,                          would be the appropriate local                         from 180 days to 120 days.
                                            Customs duties and inspection, Exports,                 authority. Otherwise, the report should                DATES: This rule is effective January 12,
                                            Imports, Intergovernmental relations,                   be made to the local law enforcement                   2016.


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                                                               Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations                                            1319

                                            ADDRESSES:  Bureau of the Fiscal                        Under 5 U.S.C. 553(b) and (d)(3), good                 § 285.7   [Amended]
                                            Service, 401 14th Street SW.,                           cause exists to determine that notice                  ■  4. In § 285.7, in paragraph (d)(1),
                                            Washington, DC 20227.                                   and comment rulemaking is                              remove ‘‘180’’ and add in its place
                                            SUPPLEMENTARY INFORMATION:                              unnecessary and contrary to the public                 ‘‘120’’.
                                                                                                    interest. The amendments made by this                  ■ 5. In § 285.12, revise paragraphs (c)(1),
                                            I. Background                                           rule merely mirror amendments already                  (c)(3)(i), and (g) to read as follows:
                                               Section 5 of the Digital Accountability              enacted into law. Further delay in
                                            and Transparency Act of 2014, Public                    making these amendments would create                   § 285.12 Governing transfer of debts to
                                            Law 113–101, amended a provision of                     an inconsistency between the law and                   Treasury for collection.
                                            the Debt Collection Improvement Act of                  the regulations and would cause                        *      *     *     *     *
                                            1996, codified at 31 U.S.C. 3716(c)(6), to              confusion.                                                (c) * * *
                                            change the time by which Federal                                                                                  (1) Except as set forth in paragraph (d)
                                            agencies must notify the Secretary of the               Regulatory Planning and Review                         of this section, a creditor agency shall
                                            Treasury of past due, nontax debts for                                                                         transfer any debt that is more than 180
                                                                                                      The final rule does not meet the
                                            the purposes of administrative offset.                                                                         days delinquent to Fiscal Service for
                                                                                                    criteria for a ‘‘significant regulatory
                                            The amendment changes the notice                                                                               debt collection services. Agencies that
                                                                                                    action’’ as defined in Executive Order
                                            requirement from 180 days delinquent                                                                           transfer delinquent debts to Fiscal
                                                                                                    12866. Therefore, the regulatory review
                                            to 120 days delinquent.                                                                                        Service for the purposes of debt
                                               The changes to this rule conform to                  procedures contained therein do not
                                                                                                                                                           collection and that rely on Fiscal
                                            the statutory language by removing                      apply.
                                                                                                                                                           Service to submit the transferred debts
                                            references to 180 days in the sections                  Regulatory Flexibility Act Analysis                    for administrative offset on the agency’s
                                            relating to: Offset of Federal benefit                                                                         behalf must transfer the debts to Fiscal
                                            payments to collect past-due, legally                     Because no notice of rulemaking is                   Service no later than 120 days after the
                                            enforceable nontax debt; centralized                    required, the provisions of the                        debts become delinquent in order to
                                            offset of Federal payments to collect                   Regulatory Flexibility Act (5 U.S.C. et                satisfy the 120-day notice requirement
                                            nontax debts owed to the United States;                 seq.) do not apply.                                    for purposes of administrative offset.
                                            salary offset; and the transfer of debts to                                                                    For accounting and reporting purposes,
                                                                                                    List of Subjects in 31 CFR Part 285
                                            Treasury for collection. In each                                                                               the debt remains on the books and
                                            instance, ‘‘180 days’’ is replaced with                   Administrative practice and                          records of the agency which transferred
                                            ‘‘120 days.’’ In addition, the rule makes               procedure, Child support, Child welfare,               the debt.
                                            revisions to address agencies that                      Claims, Credits, Debts, Disability                     *      *     *     *     *
                                            transfer debts to Fiscal Service for debt               benefits, Federal employees,                              (3)(i) A debt is considered delinquent
                                            collection services and on behalf of                    Garnishment of wages, Hearing and                      for purposes of this section if it is past
                                            which Fiscal Service submits debt for                   appeal procedures, Loan programs,                      due and is legally enforceable. A debt is
                                            administrative offset. Federal agencies                 Privacy, Railroad retirement, Railroad                 past-due if it has not been paid by the
                                            that are owed debt must transfer any                    unemployment insurance, Salaries,                      date specified in the agency’s initial
                                            debt that is more than 180 days                         Social Security benefits, Supplemental                 written demand for payment or
                                            delinquent to Fiscal Service for debt                   Security Income (SSI), Taxes, Veterans’                applicable agreement or instrument
                                            collection services. Administrative                     benefits, Wages.                                       (including a post-delinquency payment
                                            offset is one of the collection tools used                                                                     agreement) unless other satisfactory
                                            by Fiscal Service to collect debt.                        For the reasons set forth in the                     payment arrangements have been made.
                                            Therefore, agencies transferring debts to               preamble, we are amending 31 CFR part                  A debt is legally enforceable if there has
                                            Fiscal Service for debt collection are                  285 as follows:                                        been a final agency determination that
                                            able to satisfy the notification                                                                               the debt, in the amount stated, is due
                                            requirement for administrative offset                   PART 285—DEBT COLLECTION                               and there are no legal bars to collection
                                            and the requirement to transfer                         AUTHORITIES UNDER THE DEBT                             action. Where, for example, a debt is the
                                            delinquent debts with a single referral.                COLLECTION IMPROVEMENT ACT OF                          subject of a pending administrative
                                            Because the notice requirement for                      1996                                                   review process required by statute or
                                            administrative offset is now 120 days                                                                          regulation and collection action during
                                            and not 180 days, agencies relying on                   ■ 1. The authority citation for part 285               the review process is prohibited, the
                                            Fiscal Service to submit debts for                      continues to read as follows:                          debt is not considered legally
                                            administrative offset on their behalf                     Authority: 5 U.S.C. 5514; 26 U.S.C. 6402;            enforceable for purposes of mandatory
                                            must transfer the debts no later than 120               31 U.S.C. 321, 3701, 3711, 3716, 3719,                 transfer to Fiscal Service and is not to
                                            days after they become delinquent in                    3720A, 3720B, 3720D; 42 U.S.C. 664; E.O.               be transferred even if the debt is more
                                            order to meet the notification                          13019, 61 FR 51763, 3 CFR, 1996 Comp., p.              than 180 days past-due.
                                            requirement for administrative offset.                  216.                                                   *      *     *     *     *
                                            Agencies that do not rely on Fiscal                                                                               (g) Administrative offset. As described
                                            Service to submit their debts for                       § 285.4    [Amended]                                   in paragraph (c) of this section, under
                                            administrative offset must still transfer                                                                      the DCIA, agencies are required to
                                            their debts no later than 180 days after                ■  2. In § 285.4, in paragraph (d), remove             transfer all debts over 180 days
                                            they become delinquent.                                 ‘‘180’’ and add in its place ‘‘120’’ each              delinquent to Fiscal Service for
                                                                                                    place it appears.                                      purposes of debt collection (i.e., cross-
                                            II. Procedural Analyses
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                    § 285.5    [Amended]                                   servicing). Agencies are also required,
                                            Administrative Procedures Act                                                                                  under the DCIA, to notify the Secretary
                                              This rule is being issued without prior               ■ 3. In § 285.5, in paragraphs (d)(1) and              of all debts over 120 days delinquent for
                                            public notice and comment because the                   (2) and two occurences in paragraph                    purposes of administrative offset.
                                            changes to the rule are being made to                   (d)(3)(iv), remove ‘‘180’’ and add in its              Administrative offset is one type of
                                            conform to statutory requirements.                      place ‘‘120’’.                                         collection tool used by Fiscal Service


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                                            1320               Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations

                                            and Treasury-designated debt collection                 comprised of Shelby County in                          Mississippi SIP to meet the emissions
                                            centers to collect debts transferred                    Tennessee, Crittenden County in                        statements requirement of CAA section
                                            under this section. Thus, by transferring               Arkansas, and a portion of DeSoto                      182(a)(3)(B).2 This chapter of the MAC
                                            debt to Fiscal Service or to a Treasury-                County in Mississippi. In this action,                 contains Rule 11.1—General, which
                                            designated debt collection center under                 EPA is taking final action to approve the              states the purpose of the regulation;
                                            this section, Federal agencies will                     emissions statement requirements for                   Rule 11.2—Definitions, which defines
                                            satisfy the requirement to notify the                   DeSoto County in Mississippi portion of                Commission, Department, NAAQS,
                                            Secretary of debts for purposes of                      the Area.                                              Nonattainment Area, and Emissions
                                            administrative offset and duplicate                     DATES: This final rule is effective                    Statement; and Rule—11.3 Emissions
                                            referrals are not required. Agencies                    February 11, 2016.                                     Statement, which: (1) Applies to all
                                            relying on Fiscal Service to submit debts               ADDRESSES: EPA has established a                       stationary sources of NOX [nitrogen
                                            for administrative offset on the agency’s               docket for this action under Docket                    oxides] or VOCs [volatile organic
                                            behalf must transfer the debts to Fiscal                Identification No. EPA–R04–OAR–                        compounds] which have the potential to
                                            Service no later than 120 days after the                2015–0247. All documents in the docket                 emit 25 tons or more of either pollutant
                                            debts become delinquent in order to                     are listed on the www.regulations.gov                  per calendar year and are located in
                                            satisfy the 120-day notice requirement                  Web site. Although listed in the index,                areas designated as nonattainment for
                                            for purposes of administrative offset. A                some information is not publicly                       the 2008 ozone NAAQS; (2) requires
                                            debt which is not transferred to Fiscal                 available, i.e., Confidential Business                 owners and operators of those stationary
                                            Service for purposes of debt collection,                Information or other information whose                 sources of NOX and VOC to provide a
                                            however, such as a debt which falls                     disclosure is restricted by statute.                   statement showing the actual emissions
                                            within one of the exempt categories                     Certain other material, such as                        of NOX and VOCs from that source; and
                                            listed in paragraph (d) of this section,                copyrighted material, is not placed on                 (3) requires that emissions statements be
                                            nevertheless may be subject to the DCIA                 the Internet and will be publicly                      submitted to MDEQ by July 1 of every
                                            requirement of notification to the                      available only in hard copy form.                      year, showing actual emissions of the
                                            Secretary for purposes of administrative                Publicly available docket materials are                previous calendar year and containing a
                                            offset.                                                 available either electronically through                certification that the information
                                            *     *     *     *     *                               www.regulations.gov or in hard copy at                 contained in the statement is accurate to
                                                                                                    the Air Regulatory Management Section,                 the best knowledge of the individual
                                            David A. Lebryk,                                                                                               certifying the statement. EPA has
                                                                                                    Air Planning and Implementation
                                            Fiscal Assistant Secretary.                                                                                    determined that these regulations meet
                                                                                                    Branch, Air, Pesticides and Toxics
                                            [FR Doc. 2015–33044 Filed 1–11–16; 8:45 am]                                                                    all of the requirements of the Clean Air
                                                                                                    Management Division, U.S.
                                            BILLING CODE P                                          Environmental Protection Agency,                       Act (CAA or Act) section 182(a)(3)(B) for
                                                                                                    Region 4, 61 Forsyth Street SW.,                       the Mississippi portion of the Area
                                                                                                    Atlanta, Georgia 30303–8960. EPA                       because they cover the portion of
                                            ENVIRONMENTAL PROTECTION                                requests that if at all possible, you                  DeSoto County within the Area and
                                            AGENCY                                                  contact the person listed in the FOR                   satisfy the applicability, certification,
                                                                                                    FURTHER INFORMATION CONTACT section to                 and other emissions statements criteria
                                            40 CFR Part 52                                          schedule your inspection. The Regional                 contained therein.
                                            [EPA–R04–OAR–2015–0247; FRL–9940–87–                    Office’s official hours of business are                   In a notice of proposed rulemaking
                                            Region 4]                                               Monday through Friday 8:30 a.m. to                     published on August 10, 2015, EPA
                                                                                                    4:30 p.m., excluding Federal holidays.                 proposed to approve Mississippi’s June
                                            Approval and Promulgation of                            FOR FURTHER INFORMATION CONTACT:                       1, 2015, draft SIP revision submitted for
                                            Implementation Plans; Mississippi;                      Tiereny Bell, Air Regulatory                           parallel processing that sought to add
                                            Memphis, TN–MS–AR Emissions                             Management Section, Air Planning and                   new Rules 11.1, 11.2, and 11.3 from
                                            Statements for the 2008 8-Hour Ozone                    Implementation Branch, Air, Pesticides                 Title 11 of the Mississippi
                                            Standard                                                and Toxics Management Division, U.S.                   Administrative Code, Part 2, Chapter 11
                                            AGENCY:  Environmental Protection                       Environmental Protection Agency,                       into the SIP. See 80 FR 47883. The
                                            Agency (EPA).                                           Region 4, 61 Forsyth Street, SW.,                      details of Mississippi’s submittal and
                                                                                                    Atlanta, Georgia 30303–8960. Ms. Bell                  the rationale for EPA’s actions are
                                            ACTION: Final rule.
                                                                                                    can be reached at (404) 562–9088 and                   explained in the Proposed Rule.
                                            SUMMARY:   The Environmental Protection                 via electronic mail at bell.tiereny@                   Comments on the proposed rulemaking
                                            Agency (EPA) is taking final action to                  epa.gov.                                               were due on or before September 9,
                                            approve the state implementation plan                                                                          2015. No adverse comments were
                                                                                                    SUPPLEMENTARY INFORMATION:                             received. On August 28, 2015,
                                            (SIP) revision submitted by the State of
                                            Mississippi, through the Mississippi                    I. Background                                          Mississippi submitted a final SIP
                                            Department of Environmental Quality                                                                            revision that did not contain any
                                                                                                       On August 28, 2015, MDEQ submitted
                                            (MDEQ) on August 28, 2015, to address                                                                          substantive changes from the draft
                                                                                                    a SIP revision to EPA that seeks to add
                                            the emissions statement requirements                                                                           version submitted on June 1, 2015. EPA
                                                                                                    11 Mississippi Administrative Code
                                            for the State’s portion of the Memphis,                                                                        is now taking final action to approve the
                                                                                                    (MAC), Part 2, Chapter 11, ‘‘Regulations
                                            Tennessee-Mississippi-Arkansas                          for Ambient Air Quality Non-                              2 Section 182(a)(3)(B) of the CAA requires each
                                            (Memphis, TN–MS–AR) 2008 8-hour                         Attainment Areas,’’ 1 into the                         state with ozone nonattainment areas to submit a
                                            ozone national ambient air quality
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                                                                           SIP revision requiring annual emissions statements
                                            standards (NAAQS) nonattainment area                      1 These regulations conform to the new               to be submitted to the state by the owner or operator
                                            (hereafter referred to as the ‘‘Memphis,                nomenclature for Mississippi’s state regulations       of each NOX or VOC stationary source located
                                            TN–MS–AR Area’’ or ‘‘Area’’). Annual                    pursuant to the State’s recently amended               within a nonattainment area showing the actual
                                                                                                    Administrative Procedures Act. Mississippi has not     emissions of NOX and VOC from that source. The
                                            emissions reporting (i.e., emission                     provided EPA with a SIP revision to renumber the       first statement is due three years from the area’s
                                            statements) is required for all ozone                   state regulations currently incorporated into the      nonattainment designation, and subsequent
                                            nonattainment areas. The Area is                        SIP.                                                   statements are due at least annually thereafter.



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Document Created: 2016-01-12 01:22:43
Document Modified: 2016-01-12 01:22:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective January 12, 2016.
FR Citation81 FR 1318 
RIN Number1530-AA12
CFR AssociatedAdministrative 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; Veterans' Benefits and Wages

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