[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
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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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