Unknown. Final rule

7,332 words·~33 min read·/register/2010/04/16/2010-8736·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-04-16.xml --- 75 73 Friday, April 16, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Business-Cooperative Service Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 19949-19950 2010-8738 Animal Animal and Plant Health Inspection Service PROPOSED RULES Changes in Disease Status: Brazilian State of Santa Catarina with Regard to Certain Ruminant and Swine Diseases, 19915-19920 2010-8765 Antitrust Antitrust Division NOTICES The National Cooperative Research and Production Act of 1993:

Connected Media Experience, Inc., 20003-20004 2010-8575 Joint Venture Under Tip Award Number 7ONANB1OHOO1, 20002 2010-8573 Open SystemC Initiative, 20003 2010-8574 Opensaf Foundation, 20002-20003 2010-8577 Wireless Industrial Technology Konsortium, Inc., 20003 2010-8576 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings:

National Center for Injury Prevention and Control Initial Review Group, 19983-19984 2010-8731 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19977-19978 2010-8718 Coast Guard Coast Guard RULES Safety Zones: Benchmark Destination Corporate Party, Fireworks Display, San Francisco, CA, 19882-19885 2010-8734 BW PIONEER at Walker Ridge 249, Outer Continental Shelf FPSO, Gulf of Mexico, 19880-19882 2010-8735 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 19937-19938 2010-8664 2010-8743 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 19945-19946 2010-8662 2010-8663 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 19946 2010-8904 Defense Defense Department See Air Force Department See Engineers Corps RULES Retroactive Stop Loss Special Pay Compensation, 19878-19880 2010-8739 NOTICES Privacy Act;

Systems of Records, 19946-19948 2010-8740 TRICARE, Formerly Known as the Civilian Health and Medical Program of the Uniformed Services: Fiscal Year 2011 Continued Health Care Benefit Program (CHCBP) Premium Update, etc., 19948 2010-8741 Delaware Delaware River Basin Commission NOTICES Meetings, 19950-19952 2010-8726 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances; Application, 20000-20001 2010-8792 Importer of Controlled Substances; Registration, 20002 2010-8794 Manufacturer of Controlled Substances;

Application, 20001-20002 2010-8797 Manufacturer of Controlled Substances; Registration, 20002 2010-8796 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration RULES Energy Conservation Program: Energy Conservation Standards for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters, 20112-20236 2010-7611 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19952-19953 2010-8666 2010-8667 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Survey of Field Energy Consumption of Residential Refrigerators, Refrigerator-Freezers, and Freezers, 19953-19954 2010-8775 Application for Blanket Authorization to Export Liquefied Natural Gas: Cheniere Marketing, LLC, 19954-19956 2010-8753 Energy Energy Efficiency and Renewable Energy Office NOTICES Energy Conservation Program for Consumer Products: Petition for Waiver of Samsung Electronics America, Inc. from the Department of Energy Residential Refrigerator and Refrigerator-Freezer Test Procedure, and Grant of Interim Waiver, 19959-19963 2010-8772 Engineers Engineers Corps RULES Restricted Areas and Danger Zone at Naval Station Mayport, Florida, 19885-19886 2010-8786 NOTICES Environmental Impact Statements;

Availability, etc.: Missouri River Authorized Purposes Study, Missouri River Basin, United States, 19948-19949 2010-8729 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Revisions to the Wyoming Air Quality Standards and Regulations; Wyoming, 19886-19891 2010-8405 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Revisions to the Wyoming Air Quality Standards and Regulations, 19920-19921 2010-8404 Revisions to the Arizona State Implementation Plan, 19921-19923 2010-8764 Revisions to the California State Implementation Plan:

Yolo-Solano Air Quality Management District, 19923-19924 2010-8771 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Flexible Polyurethane Foam Product, 19966-19967 2010-8767 Cancellation Order for a Certain Pesticide Registration: Maneb, 19967-19968 2010-8631 Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for Public Service Company of Colorado - Hayden Station, 19968-19969 2010-8773 Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 19969 2010-8762 Meetings: Advisory Council on Clean Air Compliance Analysis, 19969-19971 2010-8761 Clean Air Scientific Advisory Committee (CASAC) Particulate Matter Review Panel, 19971-19972 2010-8769 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Relief for U.S. Military and Civilian Personnel Assigned Outside United States in Support of U.S. Armed Forces Operations, 19877-19878 2010-8696 FCC Federal Communications Commission RULES Television Broadcasting Services:

Beaumont, TX, 19907-19908 2010-8766 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19972 2010-8768 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 19972-19973 2010-8833 Federal Election Federal Election Commission RULES Collection of Administrative Debts; Collection of Debts Arising from Enforcement and Administration of Campaign Finance Laws, 19873-19877 2010-8736 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 19895-19907 2010-8819 Suspension of Community Eligibility, 19891-19895 2010-8751 NOTICES Fee for Services to Support FEMA's Offsite Radiological Emergency Preparedness Program, 19985 2010-8816 Major Disaster Declarations:

Maryland, 19985 2010-8748 Rhode Island, 19985-19986 2010-8749 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: B-R Pipeline Co., 19957-19958 2010-8701 Miller and Miller Waterpower LLC, 19956 2010-8704 New York State Electric & Gas Corp., 19957 2010-8700 Seattle City Light, 19956-19957 2010-8706 Combined Filings, 19958-19959 2010-8708 Effectiveness of Exempt Wholesale Generator Status: Uilk Wind Farm, LLC, 19959 2010-8702 Environmental Assessments; Availability, etc.:

Mobile Bay Lateral Extension Project and the Pascagoula Expansion Project, et al., 19963-19964 2010-8707 Meetings: Environmental Assessments; South Carolina Electric & Gas Company, 19964 2010-8705 Southwest Power Pool Regional State Committee and Southwest Power Pool Board of Directors; Staff Attendance, 19964-19965 2010-8703 Petition for Rate Approval: Arkansas Western Gas Co., 19965 2010-8699 Federal Housing Federal Housing Finance Agency PROPOSED RULES Supplemental Standards of Ethical Conduct for Employees of the Federal Housing Finance Agency, 19909-19915 2010-8649 FMC Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 19974 2010-8952 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waiver of Compliance, 20035-20038 2010-8691 2010-8693 2010-8694 2010-8756 2010-8760 Railroad Safety Technology Grant Program, 20038 2010-8728 Waiver Extension Requests, 20040-20041 2010-8695 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Board Approval Under Delegated Authority, 19973-19974 2010-8675 Changes in Bank Control;

Acquisitions of Shares of Banks or Bank Holding Companies, 19974 2010-8783 Federal Transit Federal Transit Administration NOTICES Over-the-Road Bus Accessibility Program Grants; Corrections, 20034-20035 2010-8963 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List a Distinct Population Segment of the Fisher as Endangered or Threatened, 19925-19935 2010-8795 NOTICES Endangered and Threatened Species Permit Applications, 19987-19988 2010-8719 Environmental Assessments;

Availability, etc.: Watercress Darter National Wildlife Refuge, Jefferson County, AL, 19988-19989 2010-8720 Intent to Conduct Public Scoping and Prepare Environmental Impact Statement: Green Diamond Resource Co., California Timberlands Division, Forest Management Habitat Conservation Plan and Incidental Take Permit, etc., 19994-19996 2010-8763 Permit Applications: Endangered and Threatened Wildlife and Plants, 19997-19999 2010-8724 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Medicine Bow-Routt National Forests, Brush Creek/Hayden Ranger District Saratoga, WY, 19936-19937 2010-8618 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 19974-19976 2010-8715 2010-8716 2010-8733 Delegations of Authority: Centers for Medicare and Medicaid Services, 19976-19977 2010-8679 Organization, Functions and Delegations of Authority:

Office of the Assistant Secretary for Planning and Evaluation, 19977 2010-8678 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES Native American Housing Assistance and Self-Determination Reauthorization Act of 2008: Negotiated Rulemaking Committee Meeting, 19920 2010-8665 NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 19986 2010-8427 Indian Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Assistance and Social Services, 19986-19987 2010-8799 Environmental Impact Statements; Availability, etc.: Drought Management Planning at Kerr Hydroelectric Project, Flathead Lake, MT, 19989-19990 2010-8512 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Extension of the Deadline for Determining the Adequacy of the Antidumping Duty Petition:

Glyphosate from the People's Republic of China, 19940 2010-8774 Meetings: Information Privacy and Innovation in the Internet Economy, 19942 2010-8681 International International Trade Commission NOTICES Meetings; Sunshine Act, 20000 2010-8852 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Labor Statistics Bureau See Occupational Safety and Health Administration NOTICES Meetings: Presidents Committee on International Labor Organization, 20004 2010-8770 Labor Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20004-20005 2010-8750 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: NextLight Renewable Power, LLC, Silver State Solar Project, Primm, NV, 19990-19991 2010-8627 Proposed Ivanpah Solar Electric Generation System Project, San Bernardino County, CA, 19992-19993 2010-8780 UNEV Refined Liquid Petroleum Products Pipeline, Utah and Nevada; Proposed Amendment of Pony Express Resource Management Plan, 19991-19992 2010-8625 Filing of Plats of Survey:

Montana, 19993-19994 2010-8727 2010-8730 Proposed Class II Reinstatement of Oil and Gas Lease, Utah, (UTU-79113), 19999 2010-8779 Proposed Reinstatement of Terminated Oil and Gas Lease (COC72479), 19999 2010-8777 Proposed Reinstatement of Terminated Oil and Gas Lease, Wyoming, 19999 2010-8621 Public Land Order No. 7739: Extension of Public Land Order No. 6776; Washington, 19999-20000 2010-8778 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20032-20033 2010-8670 2010-8674 2010-8732 Requested Administrative Waiver of the Coastwise Trade Laws, 20038-20040 2010-8669 2010-8671 2010-8676 2010-8677 Merit Merit Systems Protection Board NOTICES Opportunity to File Amicus Briefs:

Hyginus U. Aguzie v. Office of Personnel Management, 20007 2010-8682 National Institute National Institute of Standards and Technology NOTICES Meetings: Manufacturing Extension Partnership Advisory Board, 19941 2010-8951 Update Process for the International Codes and Standards: International Code Council, 19944-19945 2010-8781 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Web Based Training for Pain Management Providers, 19978-19979 2010-8800 Meetings:

Center for Scientific Review, 19980, 19982-19985 2010-8811 2010-8815 2010-8820 2010-8826 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 19980 2010-8807 National Advisory Mental Health, 19980-19981 2010-8822 National Center for Complementary and Alternative Medicine; Deconstruction of Back Pain, 19979 2010-8804 National Heart, Lung, and Blood Institute, 19983 2010-8806 National Human Genome Research Institute, 19984 2010-8821 National Institute of Allergy and Infectious Diseases, 19981-19982 2010-8812 2010-8814 National Institute of Environmental Health Sciences, 19981 2010-8827 National Institute of Neurological Disorders and Stroke, 19979-19980 2010-8810 Office of Director, National Institutes of Health, 19981-19982 2010-8813 NOAA National Oceanic and Atmospheric Administration NOTICES Applications for Exempted Fishing Permits:

Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries, 19938-19940 2010-8713 2010-8714 Meetings: Gulf of Mexico Fishery Management Council, 19941 2010-8712 Pacific Fishery Management Council, 19940-19941, 19943 2010-8709 2010-8710 Western Pacific Fishery Management Council, 19942-19943 2010-8711 Taking and Importing of Marine Mammals, 19943-19944 2010-8776 National Park National Park Service NOTICES Meetings: Denali National Park and Preserve Aircraft Overflights Advisory Council within Alaska Region, 19996 2010-8544 National Science National Science Foundation NOTICES Meetings:

Advisory Committee for Education and Human Resources, 20007 2010-8722 Proposal Review Panel for Chemistry, 20007-20008 2010-8723 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Information Privacy and Innovation in the Internet Economy, 19942 2010-8681 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20008-20009 2010-8747 2010-8754 Development of NRCs Safety Culture Policy Statement:

Cancellation of Public Workshops Scheduled for (April 13-15, 2010), and (October 27-28, 2010), 20009-20010 2010-8746 Establishment of Atomic Safety and Licensing Board: Pacific Gas and Electric Co., 20010 2010-8755 Order Imposing Trustworthiness and Reliability Requirement For Unescorted Access to Certain Radioactive Material, 20010-20016 2010-8745 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Crawler, Locomotive, and Truck Cranes Standard; Extension, 20005-20007 2010-8690 Presidential Presidential Documents EXECUTIVE ORDERS Somalia; Blocking Property of Certain Persons Contributing to the Conflict (EO 13536), 19869-19871 [2010-08878] [ **Editorial Note** : The entry for this document was inadvertently omitted from the Thursday, April 15, 2010 **Federal Register** Table of Contents] Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.:

Lake Casitas Resource Management Plan, Ventura County, CA, 19990 2010-8725 Rural Rural Business-Cooperative Service PROPOSED RULES Biorefinery Assistance Guaranteed Loans, 20044-20073 2010-8274 Repowering Assistance Payments to Eligible Biorefineries, 20073-20085 2010-8283 Subpart B - Advanced Biofuel Payment Program, 20085-20109 2010-8278 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 20018-20021 2010-8689 Chicago Board Options Exchange, Inc., 20026-20028 2010-8687 NASDAQ OMX PHLX, Inc., 20016-20018, 20021-20026 2010-8683 2010-8684 2010-8686 NYSE Arca, Inc., 20028-20031 2010-8685 2010-8688 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:

The Spectacular Art of Jean-Leon Gerome, 20031 2010-8784 Meetings: FY 2011 Refugee Admissions Program, 20031 2010-8785 Surface Surface Transportation Board NOTICES Corporate Family Transaction Exemptions: Winston-Salem Southbound Railway Co., High Point, Thomasville & Denton Railroad Co., 20033-20034 2010-8782 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Deposits, 20041-20042 2010-8817 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Thrift Supervision Office Western Western Area Power Administration NOTICES Post-2017 Application of the Energy Planning and Management Program Power Marketing Initiative:

Boulder Canyon Project, 19966 2010-8752 Separate Parts In This Issue Part II Agriculture Department, Rural Business-Cooperative Service, 20044-20109 2010-8274 2010-8283 2010-8278 Part III Energy Department, 20112-20236 2010-7611 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 73 Friday, April 16, 2010 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Parts 8 and 111 [Notice 2010-10] Collection of Administrative Debts;

Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws AGENCY: Federal Election Commission. ACTION: Final rule. SUMMARY: The Federal Election Commission (“Commission”) is promulgating rules implementing statutory provisions regarding the collection of debts owed to the United States Government. The Commission is also integrating its rules regarding the collection of debts arising solely from the Administrative Fines program into the new rules.

DATES: This rule is effective on May 17, 2010. FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant General Counsel, or Ms. Esther D. Heiden, Attorney, 999 E Street, NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: The Commission is promulgating new rules to implement the Debt Collection Improvement Act of 1996 (“DCIA”), Public Law 104-134, 110 Stat. 1321-358. The DCIA governs the Federal government's debt collection activities, and mandates that all nontax debts or claims owed to the United States that have been delinquent for a period of 180 days shall be referred to the U.S. Department of the Treasury or a Treasury-designated collection center for appropriate action to collect or terminate collection of the claim or debt. 31 U.S.C. 3711(g)(1). The purposes of the DCIA are:

(1)To maximize collections of delinquent debts owed to the Government by ensuring quick action to enforce recovery of debts and the use of all appropriate collection tools;

(2)to minimize the costs of debt collection by consolidating related functions and activities and using interagency teams;

(3)to reduce losses arising from debt management activity by requiring proper screening of potential borrowers, aggressive monitoring of all accounts, and sharing of information within and among Federal agencies;

(4)to ensure that the public is fully informed of the Federal government's debt collection policies and that debtors are aware of their obligations to repay amounts owed to the Federal government;

(5)to ensure that debtors have all appropriate due process rights, including the ability to verify, challenge, and compromise claims, and access to administrative appeals procedures that are both reasonable and protect the interests of the United States;

(6)to encourage agencies, when appropriate, to sell delinquent debt, particularly debts with underlying collateral; and

(7)to rely on the experience and expertise of private sector professionals to provide debt collection services to Federal agencies. Public Law 104-134, sec. 31001(b), 110 Stat. 1321-358, 1321-358. The Federal Claims Collection Standards (“FCCS”), 31 CFR parts 900-904, were promulgated by the U.S. Department of the Treasury and the U.S. Department of Justice. The FCCS prescribes the standards that Federal agencies must use in the administrative collection, offset, compromise, and suspension or termination of collection activity for civil claims of money, funds, or property as defined by 31 U.S.C. 3701(b). The FCCS applies unless more specific Federal statutes or agency regulations apply, and in certain cases involving bankruptcy. The FCCS clarifies and simplifies Federal debt collection procedures, and prescribes the steps that an agency must take before initiating debt collection to ensure that individuals' rights are protected. These steps include notifying the debtor of the debt and the consequences of failing to resolve the debt. *See* 31 CFR 901.2. The FCCS provides agencies with limited discretion to adopt agency-specific regulations, tailored to the legal and policy requirements applicable to various types of Federal debt. The new regulations incorporate the provisions of the DCIA and the FCCS, in some instances directly, and in other instances by cross-reference. The Commission published a Notice of Proposed Rulemaking in the **Federal Register** on February 24, 2010. *See* Notice of Proposed Rulemaking on Collection of Administrative Debts; Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws, 75 FR 8274 (February 24, 2010) (the “NPRM”). The comment period closed on March 26, 2010. The Commission received one comment in response to the proposed rules. 1 1 This comment was from the Internal Revenue Service, stating that the Internal Revenue Service did not find any conflict between the Internal Revenue Code and Treasury regulations and the Commission's proposed rules. Under the Administrative Procedure Act, 5 U.S.C. 553(d), and the Congressional Review of Agency Rulemaking Act, 5 U.S.C. 801(a)(1), agencies must submit final rules to the Speaker of the House of Representatives and the President of the Senate, and publish them in the **Federal Register** at least thirty calendar days before they take effect. The final rules that follow were transmitted to Congress on April 12, 2010. Explanation and Justification I. 11 CFR Part 8—Collection of Administrative Debts The Commission is adding new part 8 and new subpart C to part 111 of its regulations to provide for debt collection. The two provisions taken together are designed to cover all types of debt that the Commission must collect. The approach of separating the two general categories of debt in the regulations at 11 CFR part 8 and 11 CFR part 111 subpart C is for the convenience of the reader. Placing provisions concerning the collection of debts arising from the Commission's enforcement of the campaign finance laws in 11 CFR part 111 is consistent with the current placement of the regulations for collecting Administrative Fines debts with the enforcement provisions of part 111; placing the other debt collection provisions in 11 CFR part 8 also enables general administrative provisions to be located together. A. 11 CFR 8.1—Purpose and Scope Section 8.1 of 11 CFR provides that the purpose of the regulations is to apply the collection standards set out in the DCIA and the FCCS. B. 11 CFR 8.2—Debts That Are Covered Section 8.2 of 11 CFR states that the new Commission regulations in part 8 cover only those debts that are either owed by current and former Commission employees, or arise from the provision of goods or services by contractors or vendors doing business with the Commission. The regulations in part 8 do not cover debts arising from compliance matters, administrative fines, alternative dispute resolution, repayments of public funds, and court judgments arising from the Commission's enforcement of the campaign finance laws, which are covered in new 11 CFR part 111 subpart C. Section 8.2 mirrors 11 CFR 111.51. The Commission's regulations also do not cover other types of debt that are specifically excluded from the FCCS, such as debts involving criminal actions of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other person having an interest in the claim, and debts under the Internal Revenue Code of 1986. C. 11 CFR 8.3—Administrative Collection of Claims Section 8.3 of 11 CFR states that the Commission will collect the claims or debts covered by 11 CFR part 8 in accordance with the FCCS, and adopts by cross-reference the relevant provisions of the DCIA, and U.S. Department of the Treasury and Department of Justice debt collection regulations. *See* 31 U.S.C. 3701 *et seq.;* 31 CFR 285.2, 285.4, 285.7, 285.11, and parts 900-904. Proposed section 8.3 stated that the Commission will refer debts to the U.S. Department of the Treasury for collection no later than 180 days after the debts become delinquent. The final rule states that the Commission will refer all debts that are more than 180 days delinquent to the U.S. Department of the Treasury, and may, at its discretion, transfer delinquent debts prior to the end of the 180 day period. This clarifies that the Commission need not complete the referral process to Treasury within the 180 day period. Instead, the Commission is required to transfer debts that are more than 180 days delinquent, and has the discretion to transfer debts before they are 180 days delinquent. The rule includes examples of collection actions that the U.S. Department of the Treasury might take: referral to another debt collection center, referral to a private collection contractor, or referral to the Department of Justice for litigation. These examples are taken from the U.S. Department of the Treasury regulation governing the transfer of debts to the U.S. Department of the Treasury, and are not a comprehensive list of the actions that the U.S. Department of the Treasury may take in collecting such debt. *See* 31 CFR 285.12(c)(2). During the 180 days before the mandatory transfer of a debt to the U.S. Department of the Treasury, the Commission may take any action under these rules to attempt to collect the debt. D. 11 CFR 8.4—Bankruptcy Claims Section 8.4 of 11 CFR recognizes that in cases where a debtor has sought protection under the Bankruptcy Code, the Code, particularly 11 U.S.C. 553, may require the Commission to take different action from that prescribed under the debt collection regulations set forth in part 8 and the FCCS. In these situations, bankruptcy law will govern the debt collection process. E. 11 CFR 8.5—Interest, Penalties, and Administrative Costs Section 8.5 of 11 CFR states that the Commission shall assess interest, penalties, and administrative costs on debts owed to the United States, in accordance with Federal law. The Commission shall waive collection of interest and administrative costs on debts or portions of debts that are paid within thirty days after the date on which interest begins to accrue. The regulation also provides that the Commission may, at its discretion, waive collection of interest, penalties, or administrative costs on any debt, even debts that are not paid within thirty days after the date on which interest begins to accrue. The regulation states that the Commission may waive collection of interest, penalties, or administrative costs if it determines that:

(1)Collection is against equity and good conscience or is not in the best interest of the United States, including when an administrative offset or installment agreement is in effect; or,

(2)waiver is appropriate under the criteria for compromise of debts set forth at 31 CFR 902.2(a). II. Removal of 11 CFR 111.45 The Commission has removed the provision previously located at 11 CFR 111.45. This provision governed debt collection with respect to the Administrative Fines program. Under the new regulations, these debts are covered by 11 CFR part 111 subpart C—Collection of Debts Arising from Enforcement and Administration of Campaign Finance Laws. III. 11 CFR Part 111 Subpart C—Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws The regulations in 11 CFR part 111 subpart C govern the Commission's collection of debts arising from compliance matters, administrative fines, alternative dispute resolution, repayments of public funds, and court judgments arising from the Commission's enforcement of the campaign finance laws. The regulations cover the collection of debts only, and will be invoked only after the completion of existing Commission processes during which respondents or other parties have had a full and fair opportunity to demonstrate that no civil penalty or repayment should be imposed. *See* 11 CFR parts 111 and 9038, and 9008.11-9008.15. A. 11 CFR 111.50—Purpose and Scope Section 111.50 of 11 CFR provides that the purpose of the regulations is to apply the collection standards set out in the DCIA and the FCCS. This provision treats debts under 11 CFR part 111 in a similar manner to those owed by employees and vendors under 11 CFR 8.1, discussed above. B. 11 CFR 111.51—Debts That Are Covered Section 111.51 of 11 CFR states that the new Commission regulations in 11 CFR part 111 subpart C cover only those debts arising from compliance matters, administrative fines, alternative dispute resolution, repayments of public funds, and court judgments arising from the Commission's enforcement and administration of the campaign finance laws. The regulations in 11 CFR part 111 subpart C do not cover debts either owed by current and former Commission employees, or arising from the provision of goods or services by contractors or vendors doing business with the Commission, which are covered by new 11 CFR part 8. This new provision treats debts under 11 CFR part 111 in a similar manner to those owed by employees and vendors under new 11 CFR 8.2, and the two provisions taken together are designed to cover all types of debt that the Commission must collect. The Commission's regulations also do not cover other types of debt that are specifically excluded from the FCCS, such as debts involving criminal actions of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other person having an interest in the claim, and debts under the Internal Revenue Code of 1986. C. 11 CFR 111.52—Administrative Collection of Claims Section 111.52 of 11 CFR states that the Commission will collect all claims or debts in accordance with the FCCS, and adopts by cross-reference the relevant DCIA, U.S. Department of the Treasury, and U.S. Department of Justice debt collection provisions. *See* 31 U.S.C. 3701 *et seq.;* 31 CFR 285.2, 285.4, 285.7, 285.11, and parts 900-904. This provision treats the debts covered by new 11 CFR part 111 subpart C in a similar manner to those owed by employees and vendors under new 11 CFR 8.3, discussed above. The proposed provision stated that the Commission will refer debts to the U.S. Department of the Treasury for collection no later than 180 days after the debt becomes delinquent. The final rule states that the Commission will refer all debts that are more than 180 days delinquent to the U.S. Department of the Treasury, and may, at its discretion, transfer delinquent debts prior to the end of the 180 day period. This clarifies that the Commission need not complete the referral process to Treasury within the 180 day period. Instead, the Commission is required to transfer debts that are more than 180 days delinquent, and has the discretion to transfer debts before they are 180 days delinquent. The rule includes examples of collection actions that the U.S. Department of the Treasury might take: referral to another debt collection center, or referral to a private collection contractor. These examples are taken from the U.S. Department of the Treasury regulation governing the transfer of debts to the U.S. Department of the Treasury, and are not a comprehensive list of the actions that the U.S. Department of the Treasury may take in collecting such debt. *See* 31 CFR 285.12(c)(2). During the 180 days before the mandatory transfer of a debt to the U.S. Department of the Treasury, the Commission may take any action under these rules, or may go to court under the Commission's litigating authority in 31 U.S.C. 437g to attempt to collect the debt. D. 11 CFR 111.53—Litigation by the Commission Section 111.53 of 11 CFR states that nothing in the debt collection procedures precludes the Commission from filing suit under 2 U.S.C. 437g to enforce compliance with a conciliation agreement, seek a civil money penalty, petition the court for a contempt order, or otherwise exercise its authority to enforce or administer the campaign finance laws and regulations. E. 11 CFR 111.54—Bankruptcy Claims Section 111.54 of 11 CFR recognizes that in cases where a debtor has sought protection under the Bankruptcy Code, the Code, particularly 11 U.S.C. 362, may require the Commission to take different action from that prescribed under the debt collection regulations set forth in part 111 and the FCCS. In this event, bankruptcy law will govern the debt collection process. *See* 31 CFR 901.3(a)(5). F. 11 CFR 111.55—Interest, Penalties, and Administrative Costs Section 111.55 of 11 CFR states that the Commission shall assess interest, penalties, and administrative costs on debts owed to the United States, as required by Federal law. *See* 31 U.S.C. 3717. The Commission shall waive collection of interest and administrative costs on debts or portions of debts that are paid within thirty days after the date on which interest begins to accrue. The regulation also provides that the Commission may, at its discretion, waive collection of interest, penalties, or administrative costs on any debt, even debts that are not paid within thirty days after the date on which interest begins to accrue. The regulation states that the Commission may waive collection of interest, penalties, or administrative costs if it determines that:

(1)Collection is against equity and good conscience or is not in the best interest of the United States, including when an administrative offset or installment agreement is in effect; or,

(2)waiver is appropriate under the criteria for compromise of debts set forth at 31 CFR 902.2(a). This provision treats the debts covered by new 11 CFR part 111 subpart C in a similar manner to those owed by employees and vendors under new 11 CFR 8.5, discussed above. Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory Flexibility Act) The attached final rules do not have a significant economic impact on a substantial number of small entities. There are two bases for this certification. First, the attached final rules implement statutorily required processes for collecting unpaid debts, and any economic impact of these rules is caused by the statutory mandate, rather than agency decisions contained in these rules. Second, the provisions in the new rules relate to agency management and procedure and do not impose new substantive or compliance requirements directly on members of the public. If the provision regarding the imposition of interest, penalties, and administrative costs could be viewed as imposing a new requirement on the public, the regulation merely implements the statutory requirement that the Commission assess these additional costs and provides that the Commission can exercise its discretion to waive the assessment of such costs in appropriate circumstances. Thus, any incremental economic impact of this rule on small entities is not significant. Therefore, the Commission certifies that the attached final rules will not have a significant economic impact on a substantial number of small entities. List of Subjects 11 CFR Part 8 Administrative practice and procedure, Debt collection procedures, Government contracts, Law enforcement, Penalties. 11 CFR Part 111 Administrative practice and procedure, Debt collection procedures, Elections, Law enforcement, Penalties. For the reasons set out in the preamble, the Federal Election Commission is amending Chapter 1 of Title 11 of the *Code of Federal Regulations* as follows: 1. Part 8 is added to read as follows: PART 8—Collection of Administrative Debts Sec. 8.1 Purpose and scope. 8.2 Debts that are covered. 8.3 Administrative collection of claims. 8.4 Bankruptcy claims. 8.5 Interest, penalties, and administrative costs. Authority: 31 U.S.C. 3701, 3711, and 3716-3720A, as amended; 2 U.S.C 431 *et seq.,* as amended; 31 CFR parts 285, and 900-904. § 8.1 Purpose and scope. This part prescribes standards and procedures under which the Commission will collect and dispose of certain debts owed to the United States, as described in 11 CFR 8.2. The regulations in this part implement the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701, 3711, and 3716-3720A, as amended; and the Federal Claims Collection Standards, 31 CFR parts 900-904. The activities covered include: the collection of claims of any amount; compromising claims; suspending or terminating the collection of claims; referring debts to the U.S. Department of the Treasury for collection action; and referring debts under this part 8 of more than $100,000 (exclusive of any interest and charges) to the Department of Justice for litigation. § 8.2 Debts that are covered.

(a)The procedures covered by this part apply to debts that are either owed by current and former Commission employees, or arise from the provision of goods or services by contractors or vendors doing business with the Commission.

(b)The procedures covered by this part do not apply to any of the following debts:

(1)Debts that are covered by 11 CFR 111.51, regarding debts arising from compliance matters, administrative fines, alternative dispute resolution, repayments, and court judgments arising under the statutes specified in 11 CFR 111.51(a).

(2)Debts involving criminal actions of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other person having an interest in the claim.

(3)Debts based in whole or in part on conduct in violation of the antitrust laws.

(4)Debts under the Internal Revenue Code of 1986.

(5)Debts between the Commission and another Federal agency. The Commission will attempt to resolve interagency claims by negotiation in accordance with Executive Order 12146, 3 CFR pp. 409-12 (1980 Comp.).

(6)Debts that have become subject to salary offset under 5 U.S.C. 5514. § 8.3 Administrative collection of claims.

(a)The Commission shall act to collect all claims or debts. These collection activities will be undertaken promptly and follow up action will be taken as appropriate in accordance with 31 CFR 901.1.

(b)The Commission may take any and all appropriate collection actions authorized and required by the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 *et seq.* The U.S. Department of the Treasury regulations at 31 CFR 285.2, 285.4, 285.7 and 285.11, and the Federal Claims Collection Standards issued jointly by the Department of Justice and the U.S. Department of the Treasury at 31 CFR parts 900-904 also apply. The Commission has adopted these regulations by cross-reference.

(c)The Commission will refer to the Dept. of Treasury all debt that has been delinquent for more than 180 days, and may refer to the Dept. of Treasury any debt that has been delinquent for 180 days or less. On behalf of the Commission, the U.S. Department of the Treasury will attempt to collect the debt, in accordance with the statutory and regulatory requirements and authorities applicable to the debt and action. This may include referral to another debt collection center, a private collection contractor, or the Department of Justice for litigation. *See* 31 CFR 285.12 (Transfer of debts to Treasury for collection). This requirement does not apply to any debt that:

(1)Is in litigation or foreclosure;

(2)Will be disposed of under an approved asset sale program;

(3)Has been referred to a private collection contractor for a period of time acceptable to the U.S. Department of the Treasury; or

(4)Will be collected under internal offset procedures within three years after the debt first became delinquent.

(d)The U.S. Department of the Treasury is authorized to charge a fee for services rendered regarding referred or transferred debts. The Commission will add the fee to the debt as an administrative cost, in accordance with 11 CFR 8.5. § 8.4 Bankruptcy claims. When the Commission learns that a bankruptcy petition has been filed by a debtor, before proceeding with further collection action, the Commission will take any necessary action in accordance with the provision of 31 CFR 901.2(h). § 8.5 Interest, penalties, and administrative costs.

(a)The Commission shall assess interest, penalties, and administrative costs on debts owed to the United States Government in accordance with 31 U.S.C. 3717 and 31 CFR 901.9.

(b)The Commission shall waive collection of interest and administrative costs on a debt or any portion of the debt that is paid in full within thirty days after the date on which the interest begins to accrue.

(c)The Commission may waive collection of interest, penalties, and administrative costs if it:

(1)Determines that collection is against equity and good conscience or not in the best interest of the United States, including when an administrative offset or installment agreement is in effect; or

(2)Determines that waiver is appropriate under the criteria for compromise of debts set forth at 31 CFR 902.2(a).

(d)The Commission is authorized to impose interest and related charges on debts not subject to 31 U.S.C. 3717, in accordance with common law. PART 111—COMPLIANCE PROCEDURES 2. The authority citation for part 111 is revised to read as follows: Authority: 2 U.S.C. 432(i), 437g, 437d(a), 438(a)(8); 28 U.S.C. 2461 nt; 31 U.S.C. 3701, 3711, 3716-3719, and 3720A, as amended; 31 CFR parts 285 and 900-904. Subpart B—Administrative Fines § 111.45 [Removed and Reserved] 3. Remove and reserve § 111.45. 4. Subpart C is added to read as follows: Subpart C—Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws Sec. 111.50 Purpose and scope. 111.51 Debts that are covered. 111.52 Administrative collection of claims. 111.53 Litigation by the Commission. 111.54 Bankruptcy claims. 111.55 Interest, penalties, and administrative costs. § 111.50 Purpose and scope. Subpart C prescribes standards and procedures under which the Commission will collect and dispose of certain debts owed to the United States, as described in 11 CFR 111.51. The regulations in this subpart implement the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701, 3711, and 3716-3720A, as amended; and the Federal Claims Collection Standards, 31 CFR parts 900-904. The activities covered include: The collection of claims of any amount; compromising claims; suspending or terminating the collection of claims; and referring debts to the U.S. Department of the Treasury for collection action. § 111.51 Debts that are covered.

(a)The procedures of this subpart C of part 111 apply to claims for payment or debt arising from, or ancillary to, any action undertaken by or on behalf of the Commission in furtherance of efforts to ensure compliance with the Federal Election Campaign Act, 2 U.S.C. 431 *et seq.,* as amended, and to administer the Presidential Election Campaign Fund Act, 26 U.S.C. 9001 *et seq.,* or the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031 *et seq.,* and Commission regulations, including:

(1)Negotiated civil penalties in enforcement matters and alternative dispute resolution matters;

(2)Civil money penalties assessed under the administrative fines program;

(3)Claims reduced to judgment in the courts and that are no longer in litigation;

(4)Repayments of public funds under the Presidential Election Campaign Fund Act, 26 U.S.C. 9001 *et seq.;* or

(5)Repayment of public funds under the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031 *et seq.*

(c)The procedures covered by this subpart do not apply to any of the following debts:

(1)Debts that result from administrative activities of the Commission that are governed by 11 CFR part 8.

(2)Debts involving criminal actions of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other person having an interest in the claim.

(3)Debts based in whole or in part on conduct in violation of the antitrust laws.

(4)Debts under the Internal Revenue Code of 1986.

(6)Debts that have become subject to salary offset under 5 U.S.C. 5514. § 111.52 Administrative collection of claims.

(a)The Commission shall act to collect all claims or debts. These collection activities will be undertaken promptly and follow up action will be taken as appropriate in accordance with 31 CFR 901.1.

(b)The Commission may take any and all appropriate collection actions authorized and required by the Debt Collection Act of 1982, as amended by the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 *et seq.* The U.S. Department of the Treasury regulations at 31 CFR 285.2, 285.4, 285.7, and 285.11, and the Federal Claims Collection Standards issued jointly by the Department of Justice and the U.S. Department of the Treasury at 31 CFR parts 900-904, also apply. The Commission has adopted these regulations by cross-reference.

(c)The Commission will refer to the Dept. of Treasury all debt that has been delinquent for more than 180 days, and may refer to the Dept. of Treasury any debt that has been delinquent for 180 days or less. On behalf of the Commission, the U.S. Department of the Treasury will attempt to collect the debt, in accordance with the statutory and regulatory requirements and authorities applicable to the debt and action. This may include referral to another debt collection center, or a private collection contractor. *See* 31 CFR 285.12 (Transfer of debts to Treasury for collection). This requirement does not apply to any debt that:

(1)Is in litigation or foreclosure;

(2)Will be disposed of under an approved asset sale program;

(3)Has been referred to a private collection contractor for a period of time acceptable to the U.S. Department of the Treasury; or

(4)Will be collected under internal offset procedures within three years after the debt first became delinquent.

(d)The U.S. Department of the Treasury is authorized to charge a fee for services rendered regarding referred or transferred debts. The Commission will add the fee to the debt as an administrative cost, in accordance with 11 CFR 111.55. § 111.53 Litigation by the Commission. Nothing in this subpart C precludes the Commission from filing suit in the appropriate court to enforce compliance with a conciliation agreement under 2 U.S.C. 437g(a)(5)(D), seek a civil money penalty under 2 U.S.C. 437g(a)(6), petition the court for a contempt order under 2 U.S.C. 437g(a)(11), or otherwise exercise its authority to enforce or administer the statutes specified in 11 CFR 111.51(a). § 111.54 Bankruptcy claims. When the Commission learns that a bankruptcy petition has been filed by a debtor, before proceeding with further collection action, the Commission will take any necessary action in accordance with the provision of 31 CFR 901.2(h). § 111.55 Interest, penalties, and administrative costs.

(a)The Commission shall assess interest, penalties, and administrative costs on debts owed to the United States Government, pursuant to 31 U.S.C. 3717. Interest, penalties, and administrative costs will be assessed in accordance with 31 CFR 901.9.

(b)The Commission shall waive collection of interest and administrative costs on a debt or any portion of the debt that is paid within thirty days after the date on which the interest begins to accrue.

(c)The Commission may waive collection of interest, penalties, and administrative costs if it:

(1)Determines that collection is against equity and good conscience or not in the best interest of the United States, including when an administrative offset or installment agreement is in effect; or

(2)Determines that waiver is appropriate under the criteria for compromise of debts set forth at 31 CFR 902.2(a).

(d)The Commission is authorized to impose interest and related charges on debts not subject to 31 U.S.C. 3717, in accordance with common law. Dated: April 12, 2010. On behalf of the Commission. Matthew S. Petersen, Chairman, Federal Election Commission. [FR Doc. 2010-8736 Filed 4-15-10; 8:45 am]

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