[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Pages 42817-42818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20444]
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[[Page 42818]]
RAILROAD RETIREMENT BOARD
20 CFR Parts 366 and 367
RIN 3220-AB09
Collection of Debts
AGENCY: Railroad Retirement Board.
ACTION: Proposed rule.
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SUMMARY: The Railroad Retirement Board (Board) proposes to amend its
regulations pertaining to the collection of debts by offset against
other Federal payments and against tax refunds to authorize use of
these collection methods for collection of debts from businesses.
DATES: Comments must be submitted on or before September 18, 1995.
ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush
Street, Chicago, Illinois 60611.
FOR FURTHER INFORMATION CONTACT:
Michael C. Litt, General Attorney, Bureau of Law, Railroad Retirement
Board, 844 Rush Street, Chicago, Illinois 60611, (312) 751-4929, TDD
(312) 751-4701.
SUPPLEMENTARY INFORMATION: Part 366 of the Board's regulations deals
with collection of debts by means of offset from Federal tax refunds
through referrals to the Internal Revenue Service. This procedure is
authorized by 31 U.S.C. 3720A. Part 367 deals with the collection of
debts by administrative offset under the authority of the Debt
Collection Act of 1982, 31 U.S.C. 3716. As currently in effect, the
Board's regulations as to tax refund offset and administrative offset
apply to individual debtors only. The Board believes that amendment of
these regulations to authorize these collection procedures against
business debtors will facilitate collection of debts which may be owed
to the Board.
The Board, with the concurrence of the Office of Management and
Budget, has determined that this is not a significant regulatory action
under Executive Order 12866. Therefore, no regulatory impact analysis
is required. Information collections associated with this rule have
been approved by the Office of Management and Budget.
List of Subjects in 20 CFR Parts 366 and 367
Railroad employees, Railroad retirement, Railroad unemployment
insurance.
For the reasons set out in the preamble, title 20, chapter II,
parts 366 and 367 of the Code of Federal Regulations are proposed to be
amended as follows:
PART 366--COLLECTION OF DEBTS BY FEDERAL TAX REFUND OFFSET
1. The authority citation for part 366 continues to read as
follows:
Authority: 45 U.S.C. 231f(b)(5); 31 U.S.C. 3720A.
Sec. 366.1 [Amended]
2. Section 366.1 is amended by removing the word ``individuals''
and adding in its pace the word ``debtors''.
3. Section 366.2 is amended by revising the introductory text, and
paragraphs (a), (b), (e), and (f) to read as follows:
Sec. 362.2 Past-due legally enforceable debt.
A past-due legally enforceable debt which may be referred to the
Internal Revenue Service is a debt:
(a) Which arose under any statute administered by the Board or
under any contract;
(b) Which is an obligation of a debtor who is a natural person or a
business;
* * * * *
(e) With respect to which the rights regarding reconsideration,
waiver, and appeal, described in part 260 or 320 of this chapter or in
other law, if applicable, have been exhausted;
(f) With respect to which either:
(1) The Board's records do not contain evidence that the debtor has
filed for bankruptcy under Title 11 of the United States Code; or
(2) the Board can clearly establish at the time of the referral
that the automatic stay under section 362 of the Bankruptcy Code has
been lifted or is no longer in effect with respect to the debtor and
the debt was not discharged in the bankruptcy proceeding;
* * * * *
Sec. 366.2 [Amended]
3. Section 366.2(j) is amended by removing the word ``individual''
and adding in its place the word ``debtor''.
4. Section 366.2(k) is amended by removing the word ``individual''
and adding in its place the word ``debtor''.
Sec. 366.6 [Amended]
5. Section 366.6(c) is amended by removing the words ``individual
owing the debt'' and adding in their place the word ``debtor''.
PART 367--RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY
ADMINISTRATIVE OFFSET
6. The authority citation for part 367 continues to read as
follows:
Authority: 45 U.S.C. 231f(b)(5); 31 U.S.C. 3716.
2. Section 367.2 is amended by revising the introductory text and
paragraph (a), (b), (e), and (f) to read as follows:
Sec. 367.2 Past-due legally enforceable debt.
A past-due legally enforceable debt which may be referred to
another governmental agency for administrative offset is a debt:
(a) Which arose under any statute administered by the Board or
under any contract;
(b) Which is an obligation of a debtor who is a natural person or a
business;
* * * * *
(e) With respect to which the rights described in part 260 or 320
of this chapter or the applicable law regarding reconsideration,
waiver, and appeal, if applicable, have been exhausted;
(f) With respect to which either:
(1) The Board's records do not contain evidence that the debtor has
filed for bankruptcy under Title 11 of the United States Code; or
(2) The Board can clearly establish at the time of the referral
that the automatic stay under section 362 of the Bankruptcy Code has
been lifted or is no longer in effect with respect to the debtor and
the debt was not discharged in the bankruptcy proceeding;
* * * * *
Sec. 367.2 [Amended]
8. Section 367.2(i) is amended by removing the word ``individual''
and adding in its place the word ``debtor'', and by removing the words
``that person'' and adding in their place the words ``the debtor'';
9. Section 367.2(j) is amended by removing the words ``such
individual'' and adding in their place the words ``the debtor'';
Sec. 367.7 [Amended]
10. Section 367.7(c) is amended by removing the words ``individual
owing the debt'' and adding in their place the word ``debtor''.
Dated: August 11, 1995.
By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 95-20444 Filed 8-16-95; 8:45 am]
BILLING CODE 7905-01-M
