[Federal Register Volume 74, Number 112 (Friday, June 12, 2009)]
[Rules and Regulations]
[Pages 27905-27906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13859]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules 
and Regulations  

[[Page 27905]]



ELECTION ASSISTANCE COMMISSION

11 CFR 9430


Debt Collection

AGENCY: United States Election Assistance Commission (EAC).

ACTION: Final rule.

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SUMMARY: The Debt Collection Act requires federal agencies to either 
adopt existing regulations or promulgate its own regulations governing 
the collection of debts owed to the federal government. The U.S. 
Election Assistance Commission (EAC) is a federal agency, and has 
decided to implement the regulations jointly issued by the Treasury 
Department and the Department of Justice entitled Federal Claims 
Collection Standards by cross referencing these regulations as 
discussed in this rule.

DATES: This rule is effective on June 12, 2009.

FOR FURTHER INFORMATION CONTACT: Tamar Nedzar, Attorney, U.S. Election 
Assistance Commission, 1225 New York Avenue, NW., Suite 1100, 
Washington, DC 20005. Telephone (202) 566-3100.

SUPPLEMENTARY INFORMATION: 

Preamble Table of Contents

    The following is an outline of the preamble.

I. Legal Basis for the Rulemaking
II. Discussion of the Rulemaking
III. Rulemaking Analyses and Notices

I. Legal Basis for the Rulemaking

    This rulemaking action is taken in response to the Debt Collection 
Act, as amended, 31 U.S.C. 3701, et seq. The Debt Collection Act 
requires federal agencies to either adopt existing regulations or 
promulgate its own regulations governing the collection of debts owed 
to the federal government. U.S. Election Assistance Commission (EAC) is 
a federal agency, and has decided to implement the regulations jointly 
issued by the Treasury Department and the Department of Justice, at 31 
CFR parts 900-904. The EAC is also reserving additional sections in 11 
CFR part 9430 for possible supplemental debt collection regulations 
specific to EAC's unique grant programs.

II. Discussion of the Rulemaking

    The United States Election Assistance Commission was created by 
Congress in the Help America Vote Act of 2002. The Commission's primary 
function is to serve as a national clearinghouse and resource for 
information on and procedures for federal elections. The EAC conducts 
studies on election administration and makes those studies available to 
the public. The EAC also has adopted Voluntary Voting System 
Guidelines; administers a voting system testing and certification 
program; allocates election-related federal funding to the States; and 
carries out administrative duties under the National Voter Registration 
Act of 1993 (the Motor Voter Law), including developing and maintaining 
a mail voter registration application form for elections to federal 
office.
    The EAC is committed to administering funds in a financially 
responsible manner. To implement this goal, pursuant to 31 U.S.C. 
3716(b), the EAC is cross-referencing existing regulations governing 
the collection of debts owed to the federal government.

III. Regulatory Analyses and Notices

Regulatory Flexibility Act, as Amended

    The Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Enforcement Fairness Act (SBREFA) of 1996 (5 U.S.C. 601 et 
seq.) generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements under the APA or any other statute, unless the agency 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities. Small entities include small 
businesses, small organizations, and small government jurisdictions. 
The EAC certifies that this rulemaking is not subject to notice and 
comment under the APA, and as a result, no regulatory flexibility 
analysis is required.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4; 2 U.S.C. 
1532) requires each agency to assess the effects of its regulatory 
actions on State, local, and tribal governments and the private sector. 
Any agency promulgating a rule likely to result in a federal mandate 
requiring expenditures by a State, local, or tribal government or by 
the private sector of $120.7 million or more in any one year must 
prepare a written statement incorporating various assessments, 
estimates, and descriptions that are delineated in the Act. The EAC has 
determined that this action would create no unfunded mandates because 
it requires no expenditures by a State, local, or tribal government and 
will not have an impact of $120.7 million or more in any one year.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by 
SBREFA, provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. If the rule meets the definition of a 
major rule, as defined in SBREFA, the Comptroller General must provide 
a report to Congress and the rule may not take effect until 60 days 
after it has been published in the Federal Register. The current action 
is a Final Rule that does not meet the definition of a major rule. The 
EAC is submitting the necessary rule report to the Congress and the 
Comptroller General of the United States.

National Environmental Policy Act

    The EAC analyzed these rules for the purpose of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
determined that this action includes no circumstances that would have 
any effect on the quality of the environment. These rules pertain 
solely to the collection of debts owed to the federal government. Thus, 
these actions do not require an environmental assessment or an 
environmental impact statement.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
the EAC to consider the impact of paperwork and

[[Page 27906]]

other information collection burdens imposed on the public. This action 
does not impose any reporting or recordkeeping requirements. It 
pertains solely to the collection of debts owed to the federal 
government.

Executive Order 12630 (Taking of Private Property)

    This action would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights.''

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, ``Civil Justice Reform,'' to minimize 
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (April 23, 1997, 62 FR 19885), requires 
that agencies issuing economically significant rules, which also 
concern an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, must include 
an evaluation of the environmental health and safety effects of the 
regulation on children. Section 5 of Executive Order 13045 directs an 
agency to submit for a covered regulatory action an evaluation of its 
environmental health or safety effects on children. The EAC has 
determined that these rules are not covered regulatory actions as 
defined under Executive Order 13045. This determination is based upon 
the fact that this action is not economically significant under 
Executive Order 12866, because the changes proposed would not have an 
impact of $100 million or more in any one year, and do not constitute 
an environmental health risk or safety risk that would 
disproportionately affect children.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on federal programs and activities do 
not apply to this rulemaking.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    The EAC has analyzed this action under Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.'' This proposal is not a significant 
energy action within the meaning of section 4(b) of the Executive 
Order. This rule involves internal procedures of the collection of 
debts owed to the federal government, is not economically significant, 
and will not have a significant adverse effect on the supply, 
distribution, or use of energy.

List of Subjects 11 CFR Part 9430

    Administrative practice and procedure, Debts, Claims.


0
In consideration of the foregoing, EAC amends title 11, Code of Federal 
Regulations, chapter II, by adding Part 9430 to read as follows:

PART 9430--DEBT COLLECTION

Sec.
9430.1 Cross-reference to executive branch-wide debt collection 
regulations
9430.2 [Reserved]
9430.3 [Reserved]
9430.4 [Reserved]
9430.5 [Reserved]

    Authority: 31 U.S.C. 3716(b); 31 U.S.C. 3711(d)(2); 31 CFR parts 
900-904,


Sec.  9430.1  Cross-reference to executive branch-wide debt collection 
regulations.

    The U.S. Election Assistance Commission adopts the regulations at 
31 CFR parts 900-904, governing administrative collection, offset, 
compromise, and the suspension or termination of collection activity 
for civil claims for money, funds, or property, as defined by 31 U.S.C. 
3701(b).


Sec.  9430.2  [Reserved]


Sec.  9430.3  [Reserved]


Sec.  9430.4  [Reserved]


Sec.  9430.5  [Reserved]

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. E9-13859 Filed 6-11-09; 8:45 am]
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