[Federal Register Volume 62, Number 162 (Thursday, August 21, 1997)]
[Rules and Regulations]
[Page 44409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22130]


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RAILROAD RETIREMENT BOARD

20 CFR Part 367

RIN 3220-AB26


Collection of Debts

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) amends its regulations 
pertaining to the collection of debts by offset against Federal 
payments to reflect amendments to section 3716 of Title 31 by the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134).

DATES: Effective Date: This Regulation will be effective August 21, 
1997.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 North 
Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Michael C. Litt, General Attorney, 
Bureau of Law, Railroad Retirement Board, 844 North Rush Street, 
Chicago, Illinois 60611, (312) 751-4929, TDD (312) 751-4701.

SUPPLEMENTARY INFORMATION: Part 367 of the Board's regulations provides 
for the collection of debts by administrative offset under the 
authority of the Debt Collection Act of 1982, 31 U.S.C. 3716. The Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134) amended 31 U.S.C. 
3716 to provide for referral of delinquent Federal nontax debts to the 
Department of Treasury for administrative offset (``Treasury Offset 
Program''), and to provide for the mandatory referral of such debts 
over 180 days delinquent to the Treasury Offset Program, subject to 
certain exceptions. Accordingly, the Board amends this part to 
implement the provisions of Public Law 104-134.
    Section 367.1 is revised to cite the authority of Public Law 104-
134 and its provision for the referral of delinquent Federal nontax 
debts to the Treasury Offset Program.
    Section 367.2 is amended to provide that only nontax debts will be 
referred to the Treasury Offset Program, and that a debt will not be 
referred if the Board's records show that foreclosure is pending on 
collateral securing the debt or if the debt has been referred to the 
Department of Justice or is otherwise in litigation with the Board.
    Section 367.3 is amended to provide that the Board shall refer 
nontax debts over 10 days delinquent to the Treasury Offset Program and 
that in cases of mandatory referral of delinquent debt, unless 
otherwise directed by the Secretary of Treasury, the Board is not 
required to determine whether administrative offset is feasible, 
allowable, and appropriate.
    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. There are no new information collections associated with 
this rule.
    The Board published this rule as an interim final rule on April 21, 
1997 (62 FR 19219) and comments were invited by June 20, 1997. No 
Comments were received. Accordingly, the interim final rule is adopted 
as a final rule without change.

    Dated: August 12, 1997.

    By Authority of the Board.

    For the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 97-22130 Filed 8-20-97; 8:45 am]
BILLING CODE 7905-01-P-M