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Federal Register / Vol. 71, No. 62 / Friday, March 31, 2006 / Rules and Regulations 16229
creation of the Foreign Service Pension private sector, of $100 million or more Executive Order 12372
System (FSPS). in any one year and it will not This regulation does not require
DATES: This rule is effective May 1, significantly or uniquely affect small review under Executive Order 12372,
2006. governments. Therefore, no actions were Intergovernmental Review of Federal
deemed necessary under the provisions Programs.
ADDRESSES: You may submit comments
of the Unfunded Mandates Reform Act
by any of the following methods: Paperwork Reduction Act
of 1995.
• E-mail: SkipperK@state.gov
• Mail paper submissions to the This rule does not impose any new
Small Business Regulatory Enforcement
Deputy Assistant Secretary for Global reporting or recordkeeping requirements
Act of 1996 subject to the Paperwork Reduction Act,
Financial Services, Charleston Financial
Service Center, P.O. Box 150008, This rule is not a major rule as 44 U.S.C. chapter 35.
Charleston, S.C. 29415–5008. defined by section 251 of the Small List of Subjects in 22 CFR Part 17
Persons with access to the internet Business Regulatory Enforcement Act of
Administrative practice and
may also view this notice by going to 1996 (5 U.S.C. 804). This rule will not
procedure, Annuities, Claims, Debts,
the regulations.gov Web site at: http:// result in an annual effect on the
Foreign service, Government employee,
www.regulations.gov/index.cfm. economy of $100 million or more; a Hearing and appeal procedures,
FOR FURTHER INFORMATION CONTACT: major increase in costs or prices for Pensions, Retirement.
Kathryn Nutt Skipper, Office of the consumers, individual industries,
Federal, State, or local government I In consideration of the foregoing, the
Legal Adviser, telephone 202–647–4278.
agencies, or geographic regions; or State Department amends Title 22 of the
SUPPLEMENTARY INFORMATION: This rule Code of Federal Regulations, by revising
revises the Department of State’s significant adverse effects on
competition, employment, investment, part 17 to read:
regulations regarding overpayments
from the Foreign Service Retirement and productivity, innovation, or on the PART 17—OVERPAYMENTS FROM
Disability Fund under the Foreign ability of United States-based THE FOREIGN SERVICE RETIREMENT
Service Retirement and Disability enterprises to compete with foreign- AND DISABILITY FUND UNDER THE
System (FSRDS) to reflect internal based enterprises in domestic and FOREIGN SERVICE RETIREMENT AND
Department restructuring and export markets. DISABILITY SYSTEM (FSRDS) AND
realignment of responsibilities and the Executive Order 12866 THE FOREIGN SERVICE PENSION
creation of the Foreign Service Pension SYSTEM (FSPS)
System (FSPS). The Department does not consider
This regulation establishes procedures this rule to be a ‘‘significant regulatory Sec.
for notifying individuals of their rights 17.1 General.
action’’ under Executive Order 12866, 17.2 Conditions for waiver of recovery of an
if they have received an overpayment section 3(f), Regulatory Planning and overpayment.
from the Foreign Service Retirement and Review. In addition, the Department is 17.3 Fault.
Disability Fund under Chapter 8 of the exempt from Executive Order 12866 17.4 Equity and good conscience.
Foreign Service Act of 1980, as except to the extent that it is 17.5 Financial hardship.
amended, including their right to promulgating regulations in conjunction 17.6 Ordinary and necessary living
contest the determination that there has with a domestic agency that are expenses.
been an overpayment and the right to 17.7 Waiver precluded.
significant regulatory actions. The
request a waiver of recovery of the 17.8 Burdens of proof.
Department has nevertheless reviewed 17.9 Procedures.
overpayment. This part also provides the regulation to ensure its consistency
the procedures for administrative with the regulatory philosophy and Authority: 22 U.S.C. 4047(d); 22 U.S.C.
determination of these rights and for 4071(b); 5 U.S.C. 8470(b); 5 CFR 845.301–07.
principles set forth in the Executive
appeals of negative determinations. Order. § 17.1 General.
Regulatory Analysis Executive Order 12988 This part establishes procedures for
Administrative Procedures Act notifying individuals of their rights if
The Department has reviewed this they have received an overpayment
No notice of proposed rulemaking is regulation in light of sections 3(a) and from the Foreign Service Retirement and
required under the Administrative 3(b)(2) of Executive Order 12988, Civil Disability Fund under Chapter 8 of the
Procedure Act (APA) because these Justice Reform, to eliminate ambiguity, Foreign Service Act of 1980, as
rules relate solely to agency procedure minimize litigation, establish clear legal amended, including their right to
and practice (5 U.S.C. 553(b)(3)(A)). standards, and reduce burden. contest the determination that there has
Regulatory Flexibility Act been an overpayment and the right to
Executive Order 13132 request a waiver of recovery of the
The Department, in accordance with overpayment. This part also provides
the Regulatory Flexibility Act (5 U.S.C. This regulation will not have
the procedures for administrative
605(b)), has reviewed this regulation substantial direct effects on the States,
determination of these rights and for
and, by approving it, certifies that this the relationship between the National
appeals of negative determinations.
final rule will not have a significant Government and the States, or on the
economic impact on a substantial distribution of power and § 17.2 Conditions for waiver of Recovery
number of small entities. responsibilities among the various of an Overpayment.
levels of government. Therefore, the (a) Foreign Service Retirement and
hsrobinson on PROD1PC61 with RULES
Unfunded Mandated Reform Act of Department determines that this rule Disability System. Recovery of an
1995 does not have sufficient federalism overpayment from the Foreign Service
This rule will not result in the implications to require consultations or Retirement and Disability Fund under
expenditure by State, local, and tribal warrant the preparation of a federalism the Foreign Service Retirement and
governments, in the aggregate, or by the summary impact statement. Disability System may be waived
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