[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Rules and Regulations]
[Pages 44031-44032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14150]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 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 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules 
and Regulations  

[[Page 44031]]



DEFENSE NUCLEAR FACILITIES SAFETY BOARD

10 CFR Part 1709

[Docket No. DNFSB-2023-01]


Debt Collection Procedures

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Debt Collection Act, as amended, requires federal agencies 
to either adopt existing regulations or promulgate their own 
regulations governing the collection of debts owed to the federal 
government. The Defense Nuclear Facilities Safety Board (Board) is a 
federal agency and has decided to adopt the regulations jointly issued 
by the Treasury Department and the Department of Justice.

DATES: This final rule is effective October 10, 2023 unless significant 
adverse comments are received by August 10, 2023. If the Board 
withdraws the direct final rule as a result of such comments, it will 
publish a timely notice of the withdrawal in the Federal Register.

ADDRESSES: You may submit comments at any time prior to the comment 
deadline by the following methods:
    Email: Send an email to [email protected]. Please include ``Debt 
Collection Comments'' in the subject line of your email.
    Mail: Send hard copy comments to the Defense Nuclear Facilities 
Safety Board, Attn: Office of the General Counsel, 625 Indiana Avenue 
NW, Suite 700, Washington, DC 20004-2901.

FOR FURTHER INFORMATION CONTACT: Patricia A. Hargrave, Associate 
General Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana 
Avenue NW, Suite 700, Washington, DC 20004-2901, (202) 694-7000.

SUPPLEMENTARY INFORMATION:

I. Background

    The Board is promulgating new regulations to implement the Debt 
Collection Act (DCA), as amended, 31 U.S.C. 3701, et seq. The DCA 
governs the federal government's debt collection activities. In 
accordance with this law, the Treasury Department and the Department of 
Justice jointly promulgated Federal Claims Collection Standards (FCCS), 
31 CFR parts 900 through 904. Agencies may adopt the FCCS without 
change or may prescribe agency regulations for collecting debts by 
administrative offset that are consistent with the FCCS. 31 U.S.C. 
3716. These regulations are required before an agency may collect a 
debt by administrative offset. In this proposed direct final rule, the 
Board adopts the FCCS without change.

II. Regulatory Analysis

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, agencies 
must consider the impact of their rulemakings on ``small entities'' 
(small businesses, small organizations, and local governments) when 
publishing regulations subject to the notice and comment requirements 
of the Administrative Procedure Act. As noted in section III. 
Rulemaking Procedure below, the Board has determined that notice and 
the opportunity to comment are unnecessary because this rulemaking 
constitutes a noncontroversial adoption of promulgated federal 
regulations as allowed by federal law. Therefore, no analysis is 
required by the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions are deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, as amended, 
5 U.S.C. 804. This rule will not result in an annual effect on the 
economy of $100,000,000 or more; a major increase in costs or prices; 
or significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Paperwork Reduction Act

    This rule contains no new reporting or recordkeeping requirements 
under the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501 et seq. 
This adoption of the FCCS does not require or request information from 
members of the public. Therefore, this rulemaking is not covered by the 
restrictions of the PRA.

Executive Order 12988 and Executive Order 13132--Federalism

    According to Executive Orders 12988 and 13132, agencies must state 
in clear language the preemptive effect, if any, of new regulations. 
The creation of a direct final rule affects only how the Board collects 
debts owed to the government, and therefore, has no effect on 
preemption of State, tribal, or local government laws or otherwise have 
federalism implications.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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, 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 
Office of Information and Regulatory Affairs has designated this rule 
as not a major rule, as defined by 5 U.S.C. 804(2). The Board is 
submitting the rule report to Congress and the Comptroller General of 
the United States.

Finding of No Significant Environmental Impact

    Implementing these regulations will not result in significant 
impacts affecting the quality of the human environment, unavoidable 
adverse environmental effects, rejection of

[[Page 44032]]

reasonable alternatives to the proposed action, or irreversible or 
irretrievable commitments of environmental resources. The agency has 
not consulted with any other agencies in making this determination.

Executive Order 12866--Regulatory Planning and Review

    Executive Order 12866 requires federal agencies submit significant 
regulatory actions to the Office of Management of Budget. This rule is 
not significant and will not have a significant impact on small 
entities. This rule streamlines debt collection and only adopts 
procedures allowed by statute.

III. Rulemaking Procedure

    The Board is publishing this rule without a prior proposal because 
it is an adoption of existing, promulgated rules, and the Board does 
not anticipate any significant adverse public comments. This rule will 
become effective on October 10, 2023. However, if the Board receives a 
significant adverse comment by August 10, 2023, then the Board will 
publish a notice in the Federal Register withdrawing this rule and 
publishing the changes as a notice of proposed rulemaking. The Board 
will respond to the significant adverse comment(s) in that notice of 
proposed rulemaking and take an additional 30 days of comments before 
publishing any final rule. If no significant adverse comment is 
received, the Board will publish a confirmation of the effective date 
of this direct final rule.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the Board staff to reevaluate (or 
reconsider) its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the Board;
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition; or
    (3) The comment causes the Board to make a change (other than 
editorial) to the rule.

List of Subjects in 10 CFR Part 1709

    Debts, Claims.

    For the reasons described in the preamble, the Board amends title 
10, Code of Federal Regulations, chapter XVII, by adding part 1709 to 
read as follows:

Chapter XVII Defense Nuclear Facilities Safety Board

PART 1709--DEBT COLLECTION PROCEDURES

Sec.
1709.101 Cross-reference to executive branch-wide debt collection 
regulations.

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


Sec.  1709.101  Cross-reference to executive branch-wide debt 
collection regulations.

    The Defense Nuclear Facilities Safety Board adopts the regulations 
at 31 CFR parts 900 through 904 governing the administrative 
collection, offset, compromise, and the suspension or termination of 
collection activity for debts or civil claims for money, funds or 
property owed to the United States government as defined by 31 U.S.C. 
3701(b).

    Dated: June 28, 2023.
Joyce Connery,
Chairperson.
[FR Doc. 2023-14150 Filed 7-10-23; 8:45 am]
BILLING CODE P