81 FR 74918 - Administrative Wage Garnishment Procedures
DEPARTMENT OF LABOR
Office of the Secretary Federal Register Volume 81, Issue 209 (October 28, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 209 (October 28, 2016)
| Page Range | 74918-74921 | |
| FR Document | 2016-26093 |
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)] [Rules and Regulations] [Pages 74918-74921] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26093] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Office of the Secretary 29 CFR Part 20 RIN 1290-AA27 Administrative Wage Garnishment Procedures AGENCY: Office of the Secretary, Labor. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule will allow the U.S. Department of Labor (Department) to garnish the disposable wages of non-federal workers who are indebted to the Department without first obtaining a court order. It implements the administrative wage garnishment provisions contained in the Debt Collection Improvement Act of 1996 (DCIA) in accordance with the regulations issued by the Secretary of the Treasury. DATES: This final rule is effective on October 28, 2016. FOR FURTHER INFORMATION CONTACT: Shelia Alexander, Office of the Chief Financial Officer, (202) 693-4472; or Rachel Rikleen, Office of the Solicitor, (202) 693-5702. SUPPLEMENTARY INFORMATION: I. Debt Collection Improvement Act Requirements and Background Section 31001(o) of the Debt Collection Improvement Act of 1996 (DCIA), which is codified at 31 U.S.C. 3720D, authorizes federal agencies to use administrative procedure to garnish the disposable pay of an individual to collect delinquent non-tax debt owed to the United States in accordance with regulations promulgated by the Secretary of the Treasury. Wage garnishment is a process whereby an employer withholds amounts from an employee's wages and pays those amounts to the employee's creditor pursuant to a withholding order. Under the DCIA, agencies may garnish up to 15% of a delinquent non-tax debtor's disposable wages. Prior to the enactment of the DCIA, agencies were generally required to obtain a court [[Page 74919]] judgment before garnishing the wages of non-Federal employees. The DCIA requires the Secretary of the Treasury to issue regulations implementing the administrative wage garnishment requirements. These implementing regulations, which are at 31 CFR 285.11, provide for due process for nontax debtors and require agencies to publish regulations for administrative wage garnishment hearings. Pursuant to 31 CFR 285.11(f), federal agencies must either prescribe regulations for the conduct of an administrative wage garnishment hearing consistent with the procedures set forth in section 285.11 or adopt section 285.11 without change by reference. Through this rule, the Department has decided to issue its own regulations consistent with the procedural requirements of section 285.11. This final rule governs only administrative wage garnishment. Nothing in this regulation precludes the use of collection remedies not contained in the regulation. The Department and other federal agencies may simultaneously use multiple collection remedies to collect a debt, except as prohibited by law. The Department may, but is not required to, promulgate additional policies, procedures, and understandings consistent with this regulation and other applicable Federal laws, policies, and procedures, subject to the approval of the Department's Chief Financial Officer or their delegate. The Department does not intend for its components, agencies, and entities to be able to adopt different policies, procedures, or understandings. II. Discussion of Comments In response to its Interim Final Rule (IFR) concerning Administrative Wage Garnishment (80 FR 60797 October 8, 2015), the Department received five comments from private citizens and an industry association. The comments focused primarily on three subject areas: The justification for the regulation, due process concerns, and the burden of proof requirements. Two commenters asked why the regulation is necessary, arguing that the Department must explain why the current debt collection tool are insufficient. The Department has determined that it is legally obligated to prescribe regulations for the conduct of administrative wage garnishment. On May 6, 1998 (63 FR 25136), the Department of the Treasury published a final rule implementing the statutory administrative wage garnishment requirements at 31 CFR 285.11. Paragraph (f) of 31 CFR 285.11 provides that ``[a]gencies shall prescribe regulations for the conduct of administrative wage garnishment hearings consistent with this section or shall adopt this section without change by reference.'' This regulatory obligation is what necessitates this final rule. No changes were made to the final rule in response to the comments received regarding the regulation's justification. The Department received four comments raising concerns related to due process. In general, these comments argued that garnishing wages through an administrative process, instead of through the courts, would remove protections for debtors and may cause unnecessary hardships to impoverished individuals. The Department has determined the regulation protects due process rights that must be afforded to a debtor when an agency seeks to collect a debt, including the ability to verify, challenge, and compromise claims, and provide access to administrative appeals procedures. Under section 20.205, debtors must be notified of the potential of a wage garnishment. Under section 20.206, a hearing must be held prior to the issuance of a withholding order if the debtor submits a timely request. The Department will provide the debtor with an opportunity to inspect and copy records related to the debt, and to establish a repayment agreement under section 20.205. All of these requirements protect the due process rights of the debtors, and, as a result, no changes have been made to the final rule in response to comments received. As for concerns about imposing untenable burdens on debtors, the proposed rule included multiple provisions to protect against this outcome. For example, under section 20.210, the Department may not garnish the wages of a debtor who has been involuntarily separated from employment until that individual has been re-employed continuously for at least 12 months. Additionally, section 20.209 sets out clear limits on the amounts the Department may seek to garnish, and section 20.211 allows the debtor to request adjustments to the garnishment based on new financial hardships. The Department has determined that these protections are sufficient to ensure that no undue burden is put on impoverished debtors. One commenter indicated the rule should be modified to require ``an oral, in-person, face-to-face meeting.'' Currently, under section 20.20.206, a hearing may be conducted in writing, by telephone or other communications technology, or in person. The commenter was concerned that anything other than a face to face meeting would fail to demonstrate the individuals' situation and would harm the process. Under 31 CFR 285.11(f)(3)(ii), ``[a]ll travel expenses incurred by the debtor in connection with an in-person hearing will be borne by the debtor.'' The Department has determined requiring debtors to appear in- person would constitute an unconscionable financial burden on debtors and serve as an unreasonable obstacle to appropriate disputes. The Department notes that in-person hearings are not required to ensure that due process is served. As a result, no changes have been made to the final rule in response to comments received. Finally, one commenter raised a concern about the burden of proof requirements found in section 20.206(f). The commenter contends that the section does not describe requirements for what documentation the Department must produce to ``establish the existence of the debt and the amount of the debt'' and that more information would be necessary for a court-ordered garnishment. Under section 20.206(f), the Department will have the initial burden of proving, by a preponderance of the evidence, the existence or amount of the debt by submitting a certified copy of the adjudication or other document. By requiring this documentation, the Department has set a standard for the kind of document that will be acceptable to meet its burden of proof. This documentation requirement is equivalent to the proof that would be needed in some courts for a garnishment order. Additionally, this rule parallels existing regulations of other agencies, including the Department of the Treasury, those promulgated by other Federal agencies, and the Federal Claims Collection Standards (FCCS), as required by the Debt Collection Improvement Act of 1996. III. Summary of Key Aspects of the Rule This rule allows the Department to initiate proceedings administratively to garnish the wages of a delinquent debtor. It applies to debts owed to the Department or in connection with any program administered by the Department. The administrative wage garnishment process will be applied consistently throughout the Department. The Department can enter into agreements, such as memoranda of understanding, with other Federal agencies permitting that agency to administer part or all of the Department's administrative wage garnishment process. Nothing in this regulation requires the Department to duplicate notices or administrative [[Page 74920]] proceedings required by contract, this regulation, or other laws or regulations. Thus, for example, the Department is not required to provide a debtor with two hearings on the same issue merely because two different collection tools are used, each of which requires that the debtor be provided with a hearing. Section 20.205 lists the notice requirements, which includes an explanation of the debtor's rights. The debtor is allowed to inspect Department records related to the debt, enter into a written repayment agreement, and have a hearing. Under section 20.206, a debtor can request one of two types of available hearings--a paper hearing or an oral hearing. The format of oral hearings is not limited to in-person and telephone hearings, it may include new forms of technology. The hearing official has the authority to determine the kind of hearing and the amount of time allotted each hearing. If a hearing is held, the Department can meet its initial burden by offering documentation, including a copy of the debt adjudication, which demonstrates the existence of the debt and its amount as is required under section 20.206(f). Once the Department has established its prima facie case, the debtor can dispute the existence or amount of the debt. For example, debtors can meet their burden by demonstrating that they are not the person who owes a debt to the Department, that they have not received payments from the Department or have not been fined by the Department, or that they have already paid the debt. Additionally, the Federal Employees Compensation Act (FECA), 5 U.S.C. 8101-8193, contains a provision that precludes administrative and judicial review of agency determinations, which normally includes a repayment schedule. As a result, for hearings related to FECA debts, once the Department has made its prima facie case, the debtor has only two limited grounds on which he or she can demonstrate that an administrative wage garnishment is not appropriate. The debtor may not challenge the underlying merits of the determination that created the debt. Section 20.207 outlines the timing and elements of the withholding order to the debtor's employer. Pursuant to section 20.208, employers must complete and return a certification noting, in addition to other information, that they have received the withholding order and verifying the debtor's employment. Section 20.209 describes how much the Department can withhold through administrative wage garnishment, which is up to 15% of the debtor's disposable pay, and the employer's administrative wage garnishment duties. A withholding order for family support would always have priority over an administrative wage garnishment order. If there are multiple federal garnishment orders, priority depends on which garnishment order was first obtained. When a debtor's disposable pay is already subject to one or more withholding orders with higher or equal priority with the Department's administrative wage garnishment order, the amount that the employer must withhold and remit to the Department would not be more than an amount calculated by subtracting the amount(s) withheld under the other withholding order(s) from 25% of the debtor's disposable pay. For example, if the employer is withholding 20% of a debtor's disposable pay for a family support or prior withholding order, the amount withheld for the subsequent withholding order issued under this section is limited to 5% of the debtor's disposable pay. When the family support or prior withholding order terminates, the amount withheld for the subsequent withholding order issued under this section may be increased to 15%. Finally, sections 20.210 and 20.211 provide protections to employees that are facing financial hardships. Section 20.210 prohibits the Department from garnishing the wages of a debtor who was involuntarily separated from employment. The debtor has the obligation under this section to inform the Department of the involuntary separation. Section 20.211 outlines how a debtor can request a review of their garnishment due to materially changed circumstances that have created a financial hardship. IV. Compliance With Statutory and Regulatory Requirements for Rulemakings The Administrative Procedure Act. The Department has determined this rule involves an agency procedure or practice, and therefore no notice of proposed rulemaking is required under the Administrative Procedure Act (APA) at 5 U.S.C. 553(b)(A) and (B). This rule parallels the existing operational regulations of other agencies to effectuate the collection of non-tariff and nontax debts to implement 31 U.S.C. 3711. Because this rule parallels existing, long- standing rules that have already been subject to APA notice and comment procedures, we believe that publishing this rule with the usual notice and comment procedures is unnecessary. Accordingly, the Department has determined that prior notice and public comment procedures would be unnecessary pursuant to 5 U.S.C. 553(b)(B). The Paperwork Reduction Act. The Department has determined that the provisions of the Paperwork Reduction Act of 1995, as amended, 44 U.S.C. 3501, et seq., do not apply to any collections of information contained in this rule because any such collections of information are made during the conduct of administrative action taken by an agency against specific individuals or entities. 5 CFR 1320.4(a)(2). In the IFR, the Department specifically invited comments about this determination, but none were received. The Regulatory Flexibility Act. The Regulatory Flexibility Act (RFA), Public Law 96-354, as amended (5 U.S.C. 601 et seq.), requires administrative agencies to consider the effect of their actions on small entities, including small businesses. As a procedural rule, the requirements of the RFA pertaining to regulatory flexibility analysis do not apply. However, even if the RFA were to apply, the Department certifies that this rule will not have a significant impact on a substantial number of small entities as defined in RFA. Although small entities will be subject to this regulation and to the certification requirement in this rule, the requirements will not have a significant economic impact on these entities. Employers of delinquent debtors must certify certain information about the debtor such as the debtor's employment status and earnings. This information is contained in the employer's payroll records. Therefore, it will not take a significant amount of time or result in a significant cost for an employer to complete the certification form. Even if an employer is served withholding orders on several employees over the course of a year, the cost imposed on the employer to complete the certifications would not have a significant economic impact on that entity. Employers are not required to vary their normal pay cycles in order to comply with a withholding order issued pursuant to this rule. Unfunded Mandates Reform Act. Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, requires Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments or the private sector. This rule contains no Federal mandates, as defined by Title II of the UMRA, for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. [[Page 74921]] Executive Orders 12866, 12988, and 13132. This rule is not a significant regulatory action as defined in Executive Order 12866. The rule has been reviewed in accordance with Executive Order 12988. This rule preempts state laws that are inconsistent with its provisions. Before a judicial action may be brought concerning this rule or action taken under this rule, all administrative remedies must be exhausted. This regulation will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on distribution of power and responsibilities among the various levels of Government. Therefore, in accordance with E.O. 13132, it is determined this regulation does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. List of Subjects in 29 CFR Part 20 Administrative wage garnishment, Debt collection, Labor. Signed at Washington, DC, on this 17th day of October, 2016. Thomas E. Perez, U.S. Secretary of Labor. PART 20--FEDERAL CLAIMS COLLECTION 0 Accordingly, the interim rule amending 29 CFR part 20 which was published at 80 FR 60797 on October 8, 2015, is adopted as a final rule without change. [FR Doc. 2016-26093 Filed 10-27-16; 8:45 am] BILLING CODE 4510-7C-P
![74918 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations
By direction of the Commission. National Commodity Specialist service port office of the Customs and
Donald S. Clark, Division, Regulations and Rulings, Border Protection’’ and adding in its
Secretary. Office of Trade, 201 Varick Street, Suite place the words ‘‘201 Varick Street,
[FR Doc. 2016–25725 Filed 10–27–16; 8:45 am] 501, New York, New York 10014. Suite 501, New York, New York 10014’’.
BILLING CODE 6750–01–P
E-rulings procedures will remain the Dated: October 25, 2016.
same and are not affected by the change R. Gil Kerlikowske,
in office location.
Commissioner, U.S. Customs and Border
DEPARTMENT OF HOMELAND Inapplicability of Notice and Delayed Protection.
SECURITY Effective Date Requirements [FR Doc. 2016–26075 Filed 10–27–16; 8:45 am]
U.S. Customs and Border Protection Because the technical correction set BILLING CODE 9111–14–P
forth in this document merely updates
19 CFR Part 177 a mailing address, CBP finds that good
cause exists for dispensing with notice DEPARTMENT OF LABOR
[CBP Dec. 16–19] and public procedure as unnecessary
under 5 U.S.C. 553(b)(A). For this same Office of the Secretary
RIN 1515–AE17
reason, pursuant to 5 U.S.C. 553(d)(3),
CBP finds that good cause exists for 29 CFR Part 20
New Mailing Address for the National
Commodity Specialist Division, dispensing with the requirement for a RIN 1290–AA27
Regulations and Rulings, Office of delayed effective date.
Trade; Technical Correction Administrative Wage Garnishment
Executive Order 12866
Procedures
AGENCY: U.S. Customs and Border The amendment does not meet the
Protection, Department of Homeland criteria for a ‘‘significant regulatory AGENCY: Office of the Secretary, Labor.
Security. action’’ as specified in Executive Order ACTION: Final rule.
ACTION: Final rule. 12866. SUMMARY: This rule will allow the U.S.
Regulatory Flexibility Act Department of Labor (Department) to
SUMMARY: This document amends the
Because this document is not subject garnish the disposable wages of non-
U.S. Customs and Border Protection
to the notice and public procedure federal workers who are indebted to the
(CBP) regulations to reflect that the mail
requirements of 5 U.S.C. 553, it is not Department without first obtaining a
room servicing the Director, National
subject to the provisions of the court order. It implements the
Commodity Specialist Division,
Regulatory Flexibility Act (5 U.S.C. 601 administrative wage garnishment
Regulations and Rulings, in the Office of
et seq.). provisions contained in the Debt
Trade, has relocated within New York,
Collection Improvement Act of 1996
and a new location has been established Signing Authority (DCIA) in accordance with the
to receive non-electronic
This document is limited to a regulations issued by the Secretary of
correspondence. E-rulings procedures
technical correction of the CBP the Treasury.
will remain the same and are not
affected by the change in office location. regulations. Accordingly, it is being DATES: This final rule is effective on
signed under the authority of 19 CFR October 28, 2016.
DATES: Final rule effective October 28,
0.1(b)(1). FOR FURTHER INFORMATION CONTACT:
2016.
List of Subjects in 19 CFR Part 177 Shelia Alexander, Office of the Chief
FOR FURTHER INFORMATION CONTACT: Financial Officer, (202) 693–4472; or
Steven Mack, Director, National Administrative practice and Rachel Rikleen, Office of the Solicitor,
Commodity Specialist Division, procedure, Customs duties and (202) 693–5702.
Regulations and Rulings, Office of inspection, Government procurement, SUPPLEMENTARY INFORMATION:
Trade, (646) 733–3001. Reporting and recordkeeping
SUPPLEMENTARY INFORMATION: requirements. I. Debt Collection Improvement Act
Requirements and Background
Background Amendments to the Regulations
Section 31001(o) of the Debt
On January 14, 2016, Customs and For the reasons set forth above, part Collection Improvement Act of 1996
Border Protection (CBP) published a 177 of the CBP Regulations (19 CFR part (DCIA), which is codified at 31 U.S.C.
notice in the Federal Register (81 FR 177) is amended as set forth below. 3720D, authorizes federal agencies to
1960), announcing a temporary change PART 177—ADMINISTRATIVE use administrative procedure to garnish
of office location effective January 28, RULINGS the disposable pay of an individual to
2016, due to the relocation of the collect delinquent non-tax debt owed to
National Commodity Specialist Division ■ 1. The general authority citation for the United States in accordance with
(NCSD). In that notice, CBP stated that part 177 continues to read as follows: regulations promulgated by the
it would update its regulation once the Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202
Secretary of the Treasury. Wage
relocation of the NCSD is complete. The (General Note 3(i), Harmonized Tariff garnishment is a process whereby an
relocation is now completed and a Schedule of the United States), 1502, 1624, employer withholds amounts from an
permanent address is established. As 1625. employee’s wages and pays those
such, CBP is revising section 177.2(a) of amounts to the employee’s creditor
ehiers on DSK5VPTVN1PROD with RULES
title 19 of the Code of Federal § 177.2 [Amended] pursuant to a withholding order. Under
Regulations (19 CFR 177.2(a)) to reflect ■ 2. In § 177.2, paragraph (a), the third the DCIA, agencies may garnish up to
the new mailing address. Starting sentence is amended by removing the 15% of a delinquent non-tax debtor’s
October 28, 2016, all non-electronic words ‘‘New York, New York 10119, disposable wages. Prior to the
correspondence to the NCSD should be Attn: Classification Ruling Requests, enactment of the DCIA, agencies were
sent to the following address: Director, New York, New York 10048, or to any generally required to obtain a court
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judgment before garnishing the wages of that ‘‘[a]gencies shall prescribe fail to demonstrate the individuals’
non-Federal employees. regulations for the conduct of situation and would harm the process.
The DCIA requires the Secretary of administrative wage garnishment Under 31 CFR 285.11(f)(3)(ii), ‘‘[a]ll
the Treasury to issue regulations hearings consistent with this section or travel expenses incurred by the debtor
implementing the administrative wage shall adopt this section without change in connection with an in-person hearing
garnishment requirements. These by reference.’’ This regulatory obligation will be borne by the debtor.’’ The
implementing regulations, which are at is what necessitates this final rule. No Department has determined requiring
31 CFR 285.11, provide for due process changes were made to the final rule in debtors to appear in-person would
for nontax debtors and require agencies response to the comments received constitute an unconscionable financial
to publish regulations for administrative regarding the regulation’s justification. burden on debtors and serve as an
wage garnishment hearings. Pursuant to The Department received four unreasonable obstacle to appropriate
31 CFR 285.11(f), federal agencies must comments raising concerns related to disputes. The Department notes that in-
either prescribe regulations for the due process. In general, these comments person hearings are not required to
conduct of an administrative wage argued that garnishing wages through an ensure that due process is served. As a
garnishment hearing consistent with the administrative process, instead of result, no changes have been made to
procedures set forth in section 285.11 or through the courts, would remove the final rule in response to comments
adopt section 285.11 without change by protections for debtors and may cause received.
reference. Through this rule, the unnecessary hardships to impoverished Finally, one commenter raised a
Department has decided to issue its own individuals. The Department has concern about the burden of proof
regulations consistent with the determined the regulation protects due requirements found in section 20.206(f).
procedural requirements of section process rights that must be afforded to The commenter contends that the
285.11. a debtor when an agency seeks to collect section does not describe requirements
This final rule governs only a debt, including the ability to verify, for what documentation the Department
administrative wage garnishment. challenge, and compromise claims, and must produce to ‘‘establish the existence
Nothing in this regulation precludes the provide access to administrative appeals of the debt and the amount of the debt’’
use of collection remedies not contained procedures. Under section 20.205, and that more information would be
in the regulation. The Department and debtors must be notified of the potential necessary for a court-ordered
other federal agencies may of a wage garnishment. Under section garnishment. Under section 20.206(f),
simultaneously use multiple collection 20.206, a hearing must be held prior to the Department will have the initial
remedies to collect a debt, except as the issuance of a withholding order if burden of proving, by a preponderance
prohibited by law. the debtor submits a timely request. The of the evidence, the existence or amount
The Department may, but is not Department will provide the debtor with of the debt by submitting a certified
required to, promulgate additional an opportunity to inspect and copy copy of the adjudication or other
policies, procedures, and records related to the debt, and to document. By requiring this
understandings consistent with this establish a repayment agreement under documentation, the Department has set
regulation and other applicable Federal section 20.205. All of these a standard for the kind of document that
laws, policies, and procedures, subject requirements protect the due process will be acceptable to meet its burden of
to the approval of the Department’s rights of the debtors, and, as a result, no proof. This documentation requirement
Chief Financial Officer or their delegate. changes have been made to the final is equivalent to the proof that would be
The Department does not intend for its rule in response to comments received. needed in some courts for a garnishment
components, agencies, and entities to be As for concerns about imposing order. Additionally, this rule parallels
able to adopt different policies, untenable burdens on debtors, the existing regulations of other agencies,
procedures, or understandings. proposed rule included multiple including the Department of the
provisions to protect against this Treasury, those promulgated by other
II. Discussion of Comments
outcome. For example, under section Federal agencies, and the Federal
In response to its Interim Final Rule 20.210, the Department may not garnish Claims Collection Standards (FCCS), as
(IFR) concerning Administrative Wage the wages of a debtor who has been required by the Debt Collection
Garnishment (80 FR 60797 October 8, involuntarily separated from Improvement Act of 1996.
2015), the Department received five employment until that individual has
comments from private citizens and an been re-employed continuously for at III. Summary of Key Aspects of the
industry association. The comments least 12 months. Additionally, section Rule
focused primarily on three subject areas: 20.209 sets out clear limits on the This rule allows the Department to
The justification for the regulation, due amounts the Department may seek to initiate proceedings administratively to
process concerns, and the burden of garnish, and section 20.211 allows the garnish the wages of a delinquent
proof requirements. debtor to request adjustments to the debtor. It applies to debts owed to the
Two commenters asked why the garnishment based on new financial Department or in connection with any
regulation is necessary, arguing that the hardships. The Department has program administered by the
Department must explain why the determined that these protections are Department. The administrative wage
current debt collection tool are sufficient to ensure that no undue garnishment process will be applied
insufficient. The Department has burden is put on impoverished debtors. consistently throughout the Department.
determined that it is legally obligated to One commenter indicated the rule The Department can enter into
prescribe regulations for the conduct of should be modified to require ‘‘an oral, agreements, such as memoranda of
administrative wage garnishment. On in-person, face-to-face meeting.’’ understanding, with other Federal
ehiers on DSK5VPTVN1PROD with RULES
May 6, 1998 (63 FR 25136), the Currently, under section 20.20.206, a agencies permitting that agency to
Department of the Treasury published a hearing may be conducted in writing, by administer part or all of the
final rule implementing the statutory telephone or other communications Department’s administrative wage
administrative wage garnishment technology, or in person. The garnishment process. Nothing in this
requirements at 31 CFR 285.11. commenter was concerned that anything regulation requires the Department to
Paragraph (f) of 31 CFR 285.11 provides other than a face to face meeting would duplicate notices or administrative
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Executive Orders 12866, 12988, and particulate matter less than 2.5 II. Final Action
13132. This rule is not a significant micrometers in diameter (PM2.5) in the
We are disapproving the following
regulatory action as defined in Prevention of Significant Deterioration
severable portions of the February 6,
Executive Order 12866. The rule has (PSD) permitting requirements.
2012, Oklahoma SIP submittal
been reviewed in accordance with Specifically, we are disapproving
establishing the voluntary PM2.5 SILs
Executive Order 12988. This rule provisions that adopt and implement
provision and SMC. We are taking this
preempts state laws that are inconsistent the PM2.5 significant impact levels (SILs)
final action under section 110 and part
with its provisions. Before a judicial and significant monitoring
C of the CAA.
action may be brought concerning this concentration (SMC); both of which
rule or action taken under this rule, all were vacated by a federal court and • Substantive revisions to the
administrative remedies must be subsequently removed from federal PSD Oklahoma SIP at OAC 252:100–8–
exhausted. This regulation will not have regulations. We are disapproving the 33(c)(1)(C) establishing the PM2.5 SMC
a substantial direct effect on the states, submitted provisions as inconsistent as submitted on February 6, 2012; and
on the relationship between the national with federal laws and regulations for the • Substantive revisions to the
government and the states, or on permitting of PM2.5. The EPA is Oklahoma PSD program in OAC
distribution of power and finalizing this disapproval under section 252:100–8–35(a)(2) establishing the
responsibilities among the various 110 and part C of the Clean Air Act PM2.5 PSD SILs provision as submitted
levels of Government. Therefore, in (CAA). on February 6, 2012.
accordance with E.O. 13132, it is The EPA is disapproving the revisions
determined this regulation does not This rule is effective on
DATES: listed because the submitted provisions
have sufficient Federalism implications November 28, 2016. are inconsistent with the federal
to warrant the preparation of a ADDRESSES: The EPA has established a statutory and regulatory permitting
Federalism Assessment. docket for this action under Docket ID requirements for PM2.5. Upon the
No. EPA–R06–OAR–2012–0263. All effective date of this final disapproval,
List of Subjects in 29 CFR Part 20 owners or operators of a proposed
documents in the docket are listed on
Administrative wage garnishment, the http://www.regulations.gov Web source or modification will continue to
Debt collection, Labor. site. Although listed in the index, some satisfy the source impact analysis
Signed at Washington, DC, on this 17th day information is not publicly available, provisions for PM2.5 as required under
of October, 2016. e.g., Confidential Business Information the Oklahoma SIP at OAC 252:100–8–
Thomas E. Perez, or other information whose disclosure is 35(a)(1). Additionally, the State of
U.S. Secretary of Labor. restricted by statute. Certain other Oklahoma will continue to have the
material, such as copyrighted material, necessary authority to require
PART 20—FEDERAL CLAIMS is not placed on the Internet and will be monitoring of PM2.5 under the
COLLECTION publicly available only in hard copy Oklahoma SIP at OAC 252:100–8–
form. Publicly available docket 35.1(b)(3), consistent with the
■ Accordingly, the interim rule provisions of 40 CFR 52.21(m). This
materials are available either
amending 29 CFR part 20 which was final disapproval does not require the
electronically through http://
published at 80 FR 60797 on October 8, EPA to promulgate a Federal
www.regulations.gov or in hard copy at
2015, is adopted as a final rule without Implementation Plan, because the
the EPA Region 6, 1445 Ross Avenue,
change. Oklahoma PSD SIP program continues
Suite 700, Dallas, Texas 75202–2733.
[FR Doc. 2016–26093 Filed 10–27–16; 8:45 am] to satisfy the Federal PSD SIP
BILLING CODE 4510–7C–P
FOR FURTHER INFORMATION CONTACT: requirements for PM2.5 monitoring and
Adina Wiley, (214) 665–2115, source impact analysis. We are
wiley.adina@epa.gov. finalizing this disapproval under section
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: 110 and part C of the Act; as such, the
AGENCY Throughout this document wherever EPA will not impose sanctions as a
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean result of this final disapproval.
40 CFR Part 52 the EPA. III. Statutory and Executive Order
[EPA–R06–OAR–2012–0263; FRL–9953–46– I. Background Reviews
Region 6]
A. Executive Order 12866: Regulatory
The background for this action is
Approval and Promulgation of Planning and Review and Executive
discussed in detail in our August 11,
Implementation Plans; Oklahoma; Order 13563: Improving Regulation and
2016, proposed disapproval at 81 FR
Disapproval of Prevention of Regulatory Review
53098. In that document, we proposed
Significant Deterioration for Particulate to disapprove the severable portions of This action is not a significant
Matter Less Than 2.5 Micrometers— the February 6, 2012, Oklahoma SIP regulatory action and was therefore not
Significant Impact Levels and submittal which establish the voluntary submitted to the Office of Management
Significant Monitoring Concentration PM2.5 SILs provision and SMC. We and Budget (OMB) for review.
AGENCY: Environmental Protection presented our preliminary
B. Paperwork Reduction Act (PRA)
Agency (EPA). determination that these submitted
ACTION: Final rule. revisions to the Oklahoma SIP must be This action does not impose an
disapproved because they establish information collection burden under the
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY: The Environmental Protection permitting SIP requirements that are PRA. There is no burden imposed under
Agency (EPA) is disapproving the inconsistent with the federal statutory the PRA because this action disapproves
severable portions of the February 6, and regulatory permitting requirements submitted revisions that are no longer
2012, Oklahoma State Implementation for PM2.5. We did not receive any consistent with federal laws and
Plan (SIP) submittal which establish comments regarding our proposed regulations for the regulation and
certain de minimis thresholds for disapproval permitting of PM2.5.
VerDate Sep<11>2014 15:21 Oct 27, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\28OCR1.SGM 28OCR1](https://thefederalregister.org/doc/81_FR_75127/page/4.svg)
Document Created: 2018-02-13 16:39:56
Document Modified: 2018-02-13 16:39:56
| 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. | |
| Dates | This final rule is effective on October 28, 2016. | |
| Contact | Shelia Alexander, Office of the Chief Financial Officer, (202) 693-4472; or Rachel Rikleen, Office of the Solicitor, (202) 693-5702. | |
| FR Citation | 81 FR 74918 | |
| RIN Number | 1290-AA27 | |
| CFR Associated | Administrative Wage Garnishment; Debt Collection and Labor |
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