The rules for processing garnishment orders for child support and/or alimony are codified in 5 CFR part 581. The rules for processing commercial garnishment orders are codified in 5 CFR part 582. Appendix A to part 581 lists the agent designated by each agency for service of legal process. For most agencies, service under the part 582 regulations must be served on the same agent listed in appendix A to part 581.
The Defense Nuclear Facilities Safety Board (DNFSB) advised OPM that it has changed its agent designated to receive legal process under 5 CFR parts 581 and 582. OPM determined that the DNFSB was not included in the list of agencies in appendix A to part 581. Accordingly, this rule updates the lists of agents in 5 CFR part 581, appendix A, by adding the DNFSB and its designated agent. This designation also applies to the regulations under part 582.
The U.S. Election Assistance Commission (EAC) advised OPM that it has changed its agent designated to receive legal process under 5 CFR parts 581 and 582. OPM determined that the EAC was not included in the list of agencies in appendix A to part 581. Accordingly, this rule updates the lists of agents in 5 CFR part 581, appendix A, by adding the EAC and its designated agent. This designation also applies to the regulations under part 582.
The Interior Business Center (IBC) advised OPM that its address for receipt of service of process has changed. For agencies currently identified in the regulations as receiving processing services from the IBC, OPM is updating the contact information to the new address.
Publication of this rule for comment under the Administrative Procedure Act is unnecessary and impractical because this is an administrative change to reflect agency operations for receipt of legal process.
Section 581.201 requires agencies to submit to OPM's Office of General Counsel the agents designated to accept service of process. This information is provided in appendix A to part 581, and OPM updates this list through rulemaking when agencies submit changes to their designated agents. The DNFSB and the U.S. Election Assistance Commission each provided the name and address of the designated agent for addition to appendix A of 5 CFR 581. The designation of agent also applies to the regulations under part 582. This rule implements these minor, administrative amendments to the appendix and does not impose any new requirements on agencies. In addition, the IBC, which receives process for many agencies, has a new address. Updating the regulations to reflect the correct address allows the public to serve process on Federal agencies efficiently. There are no alternatives to this rule.
Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. In accordance with the provisions of Executive Order 12866, this rule is not a significant rule and was not reviewed by OMB. This rule is not an E.O. 14192 action because it is not significant under E.O. 12866.
OPM certifies that this rule will not have a significant economic impact on a substantial number of small entities as this rule only changes an address for service of process.
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and benefits before issuing any rule that would impose spending costs on State, local, or tribal governments in the aggregate, or on the private sector, in any 1 year of $100 million in 1995 dollars, updated annually for inflation. That threshold is currently approximately $206 million. This rulemaking will not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, in excess of the threshold. Thus, no written assessment of unfunded mandates is required.
OMB's Office of Information and Regulatory Affairs has determined this rule does not satisfy the criteria listed in 5 U.S.C. 804(2).
This rule does not impose any new reporting or record-keeping requirements subject to the Paperwork Reduction Act.
The Director of OPM, Scott Kupor, reviewed and approved this document and has authorized the undersigned to electronically sign and submit this document to the Office of the Federal Register for publication.
For the reasons set forth in the preamble, the Office of Personnel Management amends 5 CFR part 581 as follows:
1. The authority citation for part 581 is revised to read as follows:
42 U.S.C. 659; 15 U.S.C. 1673; E.O. 12105, 43 FR 59465, 3 CFR, 1978 Comp., p. 262. Secs. 581.102 and 581.306 also issued under 5 U.S.C. 8336a and 8412a.
2. Amend appendix A to part 581 by:
a. In section I, revising the entries for the “Department of the Interior”, “Federal Aviation Administration” under the heading “Department of Transportation”, and “Social Security Administration”; and
b. In section II,
i. Revising the entry for “Council of the Inspectors General on Integrity and Efficiency”;
ii. Adding entries for “The Defense Nuclear Facilities Safety Board”, and “U.S. Election Assistance Commission”;
iii. Revising the entries for “Environmental Protection Agency”, “Federal Trade Commission”, “Harry S. Truman Scholarship Foundation”, “National Aeronautics and Space Administration”, “Presidio Trust”, and “Trade and Development Agency”.
The revisions and additions read as follows:
Appendix A to Part 581—List of Agents Designated To Accept Legal Process
* * * * *
I. * * *
Department of the Interior
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *
Department of Transportation
* * * * *
Federal Aviation Administration
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *
Social Security Administration
1. For the garnishment of the remuneration of employees: U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
2. * * *
II. * * *
Council of the Inspectors General on Integrity and Efficiency
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
The Defense Nuclear Facilities Safety Board
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
U.S. Election Assistance Commission
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
Environmental Protection Agency
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *
Federal Trade Commission
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *
Harry S. Truman Scholarship Foundation
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *
National Aeronautics and Space Administration
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *
Presidio Trust
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *
Trade and Development Agency
U.S. Department of the Interior, Interior Business Center, Attn: Debt Management Branch, D-2640, P.O. Box 25365, Denver, CO 80225; (303) 969-7739.
* * * * *