[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Rules and Regulations]
[Page 11755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5849]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 64, No. 46 / Wednesday, March 10, 1999 /
Rules and Regulations
[[Page 11755]]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 3
Debt Collection
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
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SUMMARY: This document amends 7 CFR Part 3 to include specifically as
subject to the provisions of the Part specific debts arising out of
programs administered by the Food and Nutrition Service (FNS).
The FNS food stamp debts must be subjected to 7 CFR Part 3 to fully
participate in the Treasury Administrative Offset Program as required
by the Debt Collection Improvement Act of 1996. Amending the 7 CFR Part
3 will ensure that food stamp debts are subjected to 7 CFR Part 3.
EFFECTIVE DATE: This rule is effective March 10, 1999.
FOR FURTHER INFORMATION CONTACT: Richard M. Guyer, 202-690-0291.
SUPPLEMENTARY INFORMATION:
I. Background
The Debt Collection Act of 1982 (DCA) is implemented on a
government-wide basis pursuant to the Federal Claims Collection
Standards (Standards), set forth at 4 CFR Part 101, et seq. The
Standards are implemented at USDA pursuant to 7 CFR Part 3.
II. Section 3.10
Under the Debt Collection Improvement Act of 1996, Federal agencies
participate in the Treasury Administrative Offset Program (TAOP)
operated by the Treasury Department and administered pursuant to its
regulations. In order for the Department of Agriculture to participate
in the TAOP, its debts must be subject to 7 CFR Part 3. Section 3.10
sets forth USDA programs and authorities subject to the provisions of 7
CFR Part 3.
FNS seeks to ensure that Food Stamp debts are included in the TAOP.
FNS Food Stamp debts include recipient debts and retailer/wholesaler
debts. Previously, USDA amended section 3.10 to include recipient
indebtedness. This amendment was necessary since such debts are
collected under the Food Stamp program regulations, rather than under 7
CFR Part 3.
FNS now seeks to ensure that Retailer/Wholesaler debts are included
in the TAOP. Unlike Recipient debts, Retailer/Wholesaler debts always
have been governed by the guidelines set forth in the Federal Claims
Collection Standards and have been managed in accordance with the
provisions of 7 CFR Part 3. This amendment is intended to clarify that
all FNS Food Stamp debts are subject to 7 CFR Part 3 and are included
in the TAOP, not merely Recipient debts.
III. Final Rule
We have determined, under 5 U.S.C. 553(b) (3)(b), that prior notice
and public comments are unnecessary and contrary to the public
interest. The departmental interim rule specifically denotes the fact
that FNS collection of food stamp debts meets the procedural
requirements for participating in the TAOP authorized under the
provisions of the Debt Collection Improvement Act of 1996. The rule
does not affect the substantive authority under which FNS currently
pursues such debts. Therefore, good cause is found that notice and
public comment are unnecessary and contrary to the public interest and
good cause for making this regulation effective upon publication in the
Federal Register.
IV. Matters of Regulatory Procedure
E.O. 12291, Federal Regulation
As Secretary of Agriculture, I have determined that this is not a
major rule as defined under section 12(b) of Executive Order 12291.
Paperwork Reduction Act
As Secretary of Agriculture, I have determined that the Paperwork
Reduction Act (44 U.S.C. Chapter 35) does not apply because this
regulation does not contain any information collection requirements
that require the approval of the Office of Management and Budget
thereunder.
List of Subjects in 7 CFR Part 3
Agriculture, Claims, Government employees, Income taxes, Loan
programs-agriculture, Wages.
Accordingly, for the reasons set forth in the preamble, the
Department of Agriculture is revising Title 7, part 3 of the Code of
Federal Regulations as follows:
PART 3--DEBT MANAGEMENT
Subpart A--Settlement of Small or Old Debts
1. The authority citation for part 3, subpart A continues to read
as follows:
Authority: Section 1, 58 Stat. 836, 12 U.S.C. 1150.
2. Section 3.10 is amended by revising the last sentence of the
section to read as follows:
Sec. 3.10 Scope of the act.
* * * * *
51. Any indebtedness of food stamp recipients and retailers/
wholesalers. Food Stamp Act.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 99-5849 Filed 3-9-99; 8:45 am]
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