Transfer of Debts to Treasury for Collection

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR PART 285

RIN 1510-AA68

Transfer of Debts to Treasury for Collection

AGENCY: Financial Management Service, Fiscal Service, Treasury.

ACTION: Interim rule with request for comments.

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SUMMARY: The Debt Collection Improvement Act of 1996 (DCIA) requires

Federal agencies to transfer any nontax debt which is over 180 days

delinquent to the Department of the Treasury for debt collection

action; this is known as ``cross-servicing.'' This rule establishes the

procedures and criteria for transferring delinquent debt to the

Department of the Treasury, explains the statutory exceptions to this

requirement, and establishes standards under which the Secretary of the

Treasury will make a determination whether or not to grant exemptions.

This rule also mandates that agencies refer debts to private collection

contractors and to debt collection centers in accordance with

procedures established by the Financial Management Service.

DATES: Effective: April 2, 1998. Comments must be received on or before

May 4, 1998.

ADDRESSES: All comments should be addressed to Gerry Isenberg,

Financial Program Specialist, Debt Management Services, Financial

Management Service, 401 14th Street SW, Room 151, Washington, D.C.

20227. A copy of this rule is being made available for downloading from

the Financial Management Service web site at the following address:

http://www.fms.treas.gov.

FOR FURTHER INFORMATION CONTACT: Gerry Isenberg, Financial Program

Specialist, at (202) 874-6859; or Ellen Neubauer or Ronda Kent, Senior

Attorneys, at (202) 874-6680.

SUPPLEMENTARY INFORMATION:

Background

Section 31001(m)(1) of the Debt Collection Improvement Act of 1996

(DCIA), Pub. L. 104-134, 110 Stat. 1321-358 (1996), codified at 31

U.S.C. 3711(g), requires Federal agencies to transfer to the Secretary

of the Treasury any nontax debt that has been delinquent for a period

of 180 days. Upon such transfer the Secretary of the Treasury will take

appropriate action to collect or terminate collection action on the

debt. The DCIA lists several exemptions to this requirement. In

addition, the Secretary of the Treasury may exempt any class of debts

from this requirement.

Under the DCIA, the Secretary of the Treasury is authorized to

prescribe regulations as the Secretary considers necessary to carry out

this requirement. The Financial Management Service (FMS), a bureau of

the Department of the Treasury, is responsible for promulgating the

regulations governing this and other provisions of the DCIA. This rule

describes when a debt must be transferred to the Department of the

Treasury for debt collection action and when a debt will be considered

in an exempt category. This rule explains the relationship between the

requirement to transfer debt to Treasury for debt collection action

(i.e., cross-servicing) and the DCIA requirement, codified at 31 U.S.C.

3716(c), that agencies notify the Secretary of the Treasury of all debt

over 180 days delinquent for purposes of administrative offset. This

rule also describes the factors that the Secretary of the Treasury will

consider in determining whether to exempt a class of debts from the

mandatory provisions of 31 U.S.C. 3711(g).

The DCIA also authorizes the Secretary of the Treasury to designate

other Federal agencies as debt collection centers and to maintain a

schedule of private collection contractors eligible for referral of

debts owed to the United States. This rule mandates that agencies refer

debts to debt collection centers and to private collection contractors

in accordance with procedures established by the FMS.

Readers are reminded that most of the provisions of the DCIA became

effective upon enactment on April 26, 1996. FMS is publishing this rule

to clarify and interpret the DCIA provisions pertaining to the referral

of debts to the Department of the Treasury and Treasury-designated debt

collection centers for collection action. However, publication of this

rule does not delay the effective date of the DCIA, nor does it

postpone the duty of Federal agencies to comply with the provisions of

the DCIA.

Section Analysis

(a) Definitions

The intent of 31 U.S.C. 3711(g) is to centralize the collection of

delinquent debt owed to the Government within Treasury, which has the

authority to designate debt collection centers to administer

centralized collection. Therefore, the definitions in paragraph (a) of

this rule are intended to apply to every Federal agency in the

Government and every entity who owes delinquent nontax debt to the

Federal Government.

(b) General Rule

Paragraph (b) of this section explains that ``cross-servicing'' is

the term used to refer to the function performed by a Federal agency

that is providing debt collection services for another Federal agency.

Debt collection services may include, but are not limited to, sending

demand letters, telephoning the debtor, and referring the debt for

collection by offset or by a private collection contractor. The

Department of the Treasury and debt collection centers, more fully

described in paragraph (f) of this section, are authorized to perform

cross-servicing.

(c) Mandatory Transfer to FMS

Paragraph (c)(1) of this section states the general rule that

unless a nontax debt which is over 180 days delinquent falls within one

of the exempt categories listed under paragraph (d) of this section, it

must be transferred to the Financial Management Service (FMS) of the

Department of the Treasury for collection action. For accounting and

reporting purposes, however, the debt remains on the books and records

of the agency which transferred the debt, i.e., the creditor agency.

The terms ``transfer'' and ``refer'' (see paragraph (h), below) as used

in this rule have the same meaning.

Paragraph (c)(2) of this section describes the actions which FMS

may take relative to a debt which is transferred to FMS under this

paragraph. Paragraph (c)(2) clarifies that FMS will take action upon a

debt in accordance with the statutory and regulatory requirements and

other authorities that apply to that debt or to the particular action

being taken subject to terms and conditions agreed upon, in writing,

between FMS and the creditor agency. Transfer of a debt to FMS does not

change the rights and/or obligations of the debtor. Thus, for example,

if an agency's authority to compromise a certain type of debt is set

forth in a statute or regulation, that statute or regulation would

continue to govern.

Paragraph (c)(3) of this section describes when a debt will be

considered 180 days delinquent for purposes of mandatory transfer to

FMS. Paragraph (c)(3) recognizes that there are circumstances where 180

days or more has passed from the time a debt is first established as

delinquent on an agency's books and records, but collection action on

that debt may not be appropriate either because there has not been a

final agency determination

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regarding the debt, or there is a legal bar to further collection

action. The 180 day period begins when the creditor agency first

establishes the debt as delinquent and continues to run even though

collection action may be barred. Nevertheless, agencies are not

required to transfer to FMS debts which are over 180 days delinquent

until such time as a final agency determination regarding the debt is

made or the legal bar to further collection action is removed. For

example, agencies are not required to transfer debt where the amount

due is in dispute and the agency has not yet made a final determination

regarding the amount due; where an administrative appeals process is

pending and continued collection action during the appeals process is

prohibited; or where the automatic stay in a bankruptcy proceeding

applies. Once a final agency determination regarding the debt is made

or the legal bar to further collection action is removed, however, the

debt must be immediately transferred to FMS. Agencies are cautioned

that circumstances where an agency's determination regarding a debt is

still pending at the time the debt is 180 days delinquent should

generally exist only where an applicable statute or regulation requires

it. In all other circumstances, agency determinations regarding debts

must be made within reasonable time frames which, absent compelling

circumstances, should not exceed 180 days from the time the debt is

first established.

(d) Exceptions to Mandatory Transfer

Paragraph (d) of this section describes more fully the exceptions

to mandatory transfer listed in the DCIA. Paragraph (d)(1) lists the

statutory exceptions. Paragraph (d)(2) more fully describes each

exception.

Under paragraph (d)(2)(i) of this section, a debt is in litigation

only if it has been referred to the Attorney General for litigation or

if proceedings before a court of competent jurisdiction are actually

pending. For debts which have been referred to the Attorney General for

litigation, it is not necessary that court proceedings actually be

pending. For other debts, however, such as debts owed to agencies with

independent litigating authority or those debts which are the subject

of defensive litigation, proceedings before a court must actually be

pending. A debt which has only been referred to agency counsel for

legal review is not considered to be in litigation. Nothing in the DCIA

or in this rule is intended to affect an agency's authority to refer

debts, which are not subject to mandatory transfer to FMS, to the

Attorney General where appropriate.

Under paragraph (d)(2)(ii) of this section, a debt is in

foreclosure if judicial foreclosure proceedings before a court of

competent jurisdiction are actually pending or a Notice of Default or

comparable action required under applicable law to initiate a

nonjudicial foreclosure proceeding against real or personal property

has been issued. Additionally, for a debt to be considered in

foreclosure it is also necessary that the agency expects to receive

proceeds from the foreclosure which may be applied to the debt.

Under paragraph (d)(3) of this section, a debt is scheduled for

sale only if it is scheduled to be sold under an established asset

sales program within one year (or longer if approved by the Office of

Management and Budget) from the time it is eligible for sale, that is,

from the time the debt has been approved to be included in an asset

sales program.

Under paragraph (d)(4) of this section, a debt is at a private

collection contractor only if it has been referred to a private

collection contractor in accordance with paragraph (e) of this section.

Under paragraph (d)(5) of this section, a debt is at a debt

collection center only if it has been referred to a debt collection

center in accordance with paragraph (f) of this section.

Under paragraph (d)(6) of this section, a debt is being collected

by internal offset only if an internal offset has been initiated and

the agency expects that the debt will be collected in full within three

years from the date of delinquency. An internal offset will be

considered to have been initiated if funds payable to the debtor by the

creditor agency have been withheld or, in cases where prior notice to

the debtor is required, if such notice has been issued.

Paragraph (d)(7) of this section sets forth the factors the

Secretary of the Treasury will consider in granting exemptions for

other classes of debts. Generally, the presumption is that an exemption

will not be granted absent compelling circumstances.

(e) Schedule of Private Collection Contractors

The DCIA requires the Secretary of the Treasury to maintain a

schedule of private collection contractors eligible to receive debts

owed to Federal agencies. FMS and other debt collection centers must

utilize this schedule of contractors when referring debts to a private

collection contractor. Agencies which refer debts which are less than

180 days delinquent to private collection contractors may utilize this

schedule of contractors provided they do so in accordance with

procedures established by FMS. Agencies are not required to use this

schedule of contractors for debts which are less than 180 days

delinquent or for debts which are otherwise exempt from the mandatory

transfer requirement described in paragraph (c) of this section.

(f) Debt Collection Centers

Paragraph (f) of this section explains that a debt collection

center is a Federal agency designated by the Secretary of the Treasury,

under standards and terms established by the Secretary, to collect

debts owed to the United States. A debt collection center may be an

agency, or a unit or subagency within a Federal agency. Debt collection

centers will take action upon a debt in accordance with the statutory

or regulatory requirements and other authorities that apply to the debt

or to the particular action being taken. Debt collection centers are

authorized, subject to the terms under which the debt collection center

has been designated as such by the Secretary of the Treasury, to take

any action on behalf of the creditor agency to collect, compromise,

suspend or terminate collection action on debts, in accordance with the

terms and conditions set forth, in writing, by the creditor agency. The

action a debt collection center may take is intended to be interpreted

broadly to include actions, such as reporting debts to credit bureaus

and obtaining credit reports, which facilitate collection.

(g) Administrative Offset

This section explains the relationship between (1) the DCIA

requirement that debts over 180 days delinquent be transferred to

Treasury for collection action (i.e., cross-servicing) and (2) the DCIA

requirement that agencies notify the Secretary of the Treasury of debts

over 180 days delinquent for purposes of administrative offset. Debts

which are transferred to FMS or a Treasury-designated debt collection

center under this rule will, where appropriate, be referred for

collection by administrative offset and agencies are not required to

take any further action to comply with the DCIA requirement regarding

administrative offset. Debts not transferred under this rule, for

example, debts which fall within one of the exempt categories, may

nevertheless be subject to the mandatory offset requirement.

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(h) Voluntary Referral of Debts Less Than 180 Days Delinquent.

Although agencies are required to transfer debt to FMS which is

more than 180 days delinquent, paragraph (h) of this section is

intended to clarify that agencies may voluntarily refer debt less than

180 days delinquent to FMS, to a private collection contractor in

accordance with paragraph (e) of this section and procedures

established by FMS, or to a debt collection center in accordance with

paragraph (f) of this section and procedures established by FMS. As

noted above, the terms ``transfer'' and ``refer'' as used in this rule

have the same meaning.

(i) Certification

Paragraph (i) of this section describes the requirement that the

head of an agency or someone with authority to act on behalf of the

head of the agency with regard to debt collection matters, must certify

to FMS or to a debt collection center that debts transferred are valid,

legally enforceable, that there are no legal bars to collection, and

that all due process requirements have been met. This means that the

agency must certify that it has made a final determination that the

debt is due in the amount transferred, that there are no legal bars to

collection such as bankruptcy, and that the agency has provided (or has

arranged to provide) the debtor with notice and an opportunity to be

heard where required as a prerequisite to a particular collection

action. In addition, paragraph (i) explains that the creditor agency is

responsible for notifying FMS of any changes to the status of the legal

enforceability of the debt. For example, unless the creditor agency

determines that the automatic stay imposed at the time of a bankruptcy

filing pursuant to 11 U.S.C. 362 has been lifted or is no longer in

effect, in most cases collection activity against the debtor should

stop immediately. Therefore, it is imperative that the creditor agency

notify FMS immediately upon learning that a bankruptcy petition has

been filed with respect to a debtor.

(j) Fees

Paragraph (j) of this section describes the DCIA authority for FMS

and debt collection centers to charge fees, to retain fees from amounts

collected, and to deposit and use fees. Paragraph (j) of this section

also describes the authority for creditor agencies to add these fees to

the amount of the debt.

Regulatory Analysis

This interim rule is not a significant regulatory action as defined

in Executive Order 12866. Because no notice of proposed rulemaking is

required for this interim rule, the provisions of the Regulatory

Flexibility Act do not apply.

Special Analyses

FMS is promulgating this interim rule without opportunity for prior

public comment pursuant to the Administrative Procedure Act, 5 U.S.C.

553 (the ``APA''), because FMS has determined, for the following

reasons, that a comment period would be unnecessary, impracticable, and

contrary to the public interest. The DCIA was effective immediately

upon its enactment on April 26, 1996. In implementing the DCIA

provision requiring Federal agencies to transfer debt over 180 days

delinquent to Treasury for debt collection, FMS has identified the need

to provide guidance to Federal agencies. To ensure that this guidance

was provided in a consistent and meaningful manner, FMS has determined

that a rule is desirable.

Nothing in this rule impacts the rights or obligations of debtors

nor changes the authorities under which Federal agencies collect debt.

This rule provides critical guidance needed to facilitate the ongoing

transfer of debts to Treasury for debt collection. Thus, FMS believes

that it is in the public interest to issue this interim rule without

opportunity for prior public comment.

The public is invited to submit comments on the interim rule which

will be taken into account before a final rule is issued.

FMS has determined that good cause exists to make this interim rule

effective upon publication without providing the 30 day period between

publication and the effective date contemplated by 5 U.S.C. 553(d). The

purpose of a delayed effective date is to afford persons affected by a

rule a reasonable time to prepare for compliance. However, in this

case, the requirement to transfer debt to Treasury for debt collection

became effective on April 26, 1996. Inasmuch as this interim rule

provides important guidance that is expected to facilitate full

implementation of the authority contained in the law, FMS believes that

good cause exists to make the rule effective upon publication.

List of Subjects in Part 285

Administrative Practice and Procedure, Credit, Debt, Loan Programs

Authority and Issuance

For the reasons set forth in the preamble, 31 CFR part 285 is

amended as follows:

PART 285--DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION

IMPROVEMENT ACT OF 1996

1. The authority citation for Part 285 is revised to read as

follows:

Authority: 26 U.S.C. 6402; 31 U.S.C. 321, 3701, 3711, 3716,

3720A; E.O. 13019, 3 CFR, 1996 Comp., p. 216.

2. Subpart B is added to Part 285 to read as follows:

Subpart B--Authorities Other Than Offset

Sec.

285.11 [Reserved]

285.12 Transfer of debts to Treasury for Debt collection

Subpart B--Authorities Other Than Offset

Sec. 285.11 [Reserved]

Sec. 285.12 Transfer of Debts to Treasury for debt collection.

(a) Definitions. For purposes of this section:

Agency means a department, agency, court, court administrative

office, or instrumentality in the executive, judicial, or legislative

branch of the Federal Government, including government corporations.

Creditor agency means any Federal agency that is owed a debt.

Debt means any amount of money, funds or property that has been

determined by an appropriate official of the Federal government to be

owed to the United States by a person. As used in this rule, the term

``debt'' does not include debts arising under the Internal Revenue Code

of 1986 or the tariff laws of the United States.

FMS means the Financial Management Service, a bureau of the

Department of the Treasury.

Person means an individual, corporation, partnership, association,

organization, State or local government, or any other type of entity

other than a Federal agency.

Secretary means the Secretary of the Treasury.

(b) In general. Cross-servicing means that FMS, a Federal agency,

or a unit or subdivision within a Federal agency, under a designation

by the Secretary of the Treasury, is taking appropriate debt collection

action on behalf of one or more Federal agencies or unit or subdivision

thereof. Agencies which provide such cross-servicing are known as debt

collection centers.

(c) Mandatory transfer of debts to FMS. (1) Except as set forth in

paragraph (d) of this section, a creditor agency shall transfer any

debt that is more than 180 days delinquent to FMS for debt

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collection services. For accounting and reporting purposes, the debt

remains on the books and records of the agency which transferred the

debt.

(2) On behalf of the creditor agency, FMS will take appropriate

action to collect or compromise the transferred debt, or to suspend or

terminate collection action thereon, in accordance with the statutory

and regulatory requirements and authorities applicable to the debt and

the action. Appropriate action to collect a debt may include referral

to another debt collection center, a private collection contractor, or

the Department of Justice for litigation. The creditor agency shall

advise FMS, in writing, of any specific statutory or regulatory

requirements pertaining to their debt and will agree, in writing, to a

collection strategy which includes parameters for entering into

compromise and repayments agreements with debtors.

(3) A debt is considered 180 days delinquent for purposes of this

section if it is 180 days past due and is legally enforceable. A debt

is legally enforceable if there has been a final agency determination

that the debt, in the amount stated, is due and there are no legal bars

to collection action. Where, for example, a debt is the subject of a

pending administrative review process required by statute or regulation

and collection action during the review process is prohibited, the debt

is not considered legally enforceable for purposes of mandatory

transfer to FMS and is not to be transferred even if the debt is more

than 180 days past-due. Once there has been a final agency

determination that the debt, in the amount stated, is due and there are

no legal bars to collection action, however, any debt over 180 days

delinquent must be immediately transferred to FMS. Nothing in this

section is intended to impact the date of delinquency of a debt for

other purposes such as for purposes of accruing interest and penalties.

(d) Exceptions to mandatory transfer. (1) A creditor agency is not

required to transfer a debt to FMS pursuant to paragraph (c)(1) of this

section only during such period of time that the debt:

(i) Is in litigation or foreclosure as described in paragraph

(d)(2) of this section;

(ii) Is scheduled for sale as described in paragraph (d)(3) of this

section;

(iii) Is at a private collection contractor if the debt has been

referred to a private collection contractor in accordance with

paragraph (e) of this section;

(iv) Is at a debt collection center if the debt has been referred

to a Treasury-designated debt collection center in accordance with

paragraph (f) of this section;

(v) Is being collected by internal offset as described in paragraph

(d)(4) of this section; or

(vi) Is covered by an exemption granted by the Secretary as

described in paragraph (d)(5) of this section.

(2)(i) A debt is in litigation if:

(A) The debt has been referred to the Attorney General for

litigation by the creditor agency; or

(B) The debt is the subject of proceedings pending in a court of

competent jurisdiction, including bankruptcy proceedings, whether

initiated by the creditor agency, the debtor, or any other party.

(ii) A debt is in foreclosure if:

(A)(1) Collateral securing the debt is the subject of judicial

foreclosure proceedings in a court of competent jurisdiction; or

(2) Notice has been issued that collateral securing the debt will

be foreclosed upon, liquidated, sold, or otherwise transferred pursuant

to applicable law in a nonjudicial proceeding; and

(B) The creditor agency anticipates that proceeds will be available

from the liquidation of the collateral for application to the debt.

(3) A debt is scheduled for sale if:

(i) The debt will be disposed of under an asset sales program

within one (1) year after becoming eligible for sale; or

(ii) The debt will be disposed of under an asset sales program and

a schedule established by the creditor agency and approved by the

Director of the Office of Management and Budget.

(4) A debt is being collected by internal offset if a creditor

agency expects the debt to be collected in full within three (3) years

from the date of delinquency through internal offset. ``Internal

offset'' means withholding of funds payable by the creditor agency to

the debtor to satisfy, in whole or part, the debt owed to the creditor

agency by that debtor.

(5)(i) Upon the written request of the head of an agency, or as the

Secretary may determine on his/her own initiative, the Secretary may

exempt any class of debts from the application of the requirement

described in paragraph (c)(1) of this section. In determining whether

to exempt a class of debts, the Secretary will determine whether

exemption is in the best interests of the Government after considering

the following factors:

(A) Whether an exemption is the best means to protect the

government's financial interest, taking into consideration the number,

dollar amount, age and collection rates of the debts for which

exemption is requested;

(B) Whether the nature of the program under which the delinquencies

have arisen is such that the transfer of such debts would interfere

with program goals; and

(C) Whether an exemption would be consistent with the purposes of

the Debt Collection Improvement Act of 1996 (DCIA), Pub. L. 104-134,

110 Stat. 1321-358 (April 26, 1996).

(ii) Requests for exemptions must clearly identify the class of

debts for which an exemption is sought and must explain how application

of the factors listed above to that class of debts warrants an

exemption.

(e) Schedule of private collection contractors. FMS will maintain a

schedule of private collection contractors eligible for referral of

debts from FMS, other debt collection centers, and creditor agencies

for collection action. An agency with debt which has not been

transferred to FMS or referred to another debt collection center, for

example, debt that is less than 180 days delinquent, may refer such

debt to a private collection contractor listed on FMS' schedule of

private collection contractors provided they do so in accordance with

procedures established by FMS. Alternatively, an agency may refer debt

that is less than 180 days delinquent to a private collection

contractor pursuant to a contract between the creditor agency and the

private collection contractor, as authorized by law.

(f) Debt collection centers. A debt collection center is a Federal

agency or a unit or subagency within a Federal agency that has been

designated by the Secretary of the Treasury to collect debt owed to the

United States. FMS is a debt collection center. Debt collection centers

will take action upon a debt in accordance with the statutory or

regulatory requirements and other authorities that apply to the debt or

to the particular action being taken. Debt collection centers may, on

behalf of the creditor agency, subject to the terms under which the

debt collection center has been designated as such by the Secretary,

take any action to collect, compromise, suspend or terminate collection

action on debts in accordance with terms and conditions agreed upon in

writing by the creditor agency and the debt collection center or FMS.

(g) Administrative offset. As described in paragraph (c) of this

section, under the DCIA agencies are required to transfer all debts

over 180 days delinquent to FMS for purposes of debt collection (i.e.,

cross-servicing). Agencies are also required, under the

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DCIA, to notify the Secretary of all debts over 180 days delinquent for

purposes of administrative offset. Administrative offset is one type of

collection tool used by FMS and Treasury-designated debt collection

centers to collect debts transferred under this section. Thus, by

transferring debt to FMS or to a Treasury-designated debt collection

center under this section, Federal agencies will satisfy the

requirement to notify the Secretary of debts for purposes of

administrative offset and duplicate referrals are not required. A debt

which is not transferred to FMS for purposes of debt collection,

however, such as a debt which falls within one of the exempt categories

listed in paragraph (d) of this section, nevertheless, may be subject

to the DCIA requirement of notification to the Secretary for purposes

of administrative offset.

(h) Voluntary referral of debts less than 180 days delinquent. A

creditor agency may refer any debt that is less than 180 days

delinquent to FMS or, with the consent of FMS, to a Treasury-designated

debt collection center for debt collection services.

(i) Certification. Before a debt may be transferred to FMS or

another debt collection center, the head of the creditor agency or his

or her delegatee must certify, in writing, that the debts being

transferred are valid, legally enforceable, and that there are no legal

bars to collection. Creditor agencies must also certify that they have

complied with all prerequisites to a particular collection action under

the laws, regulations or policies applicable to the agency unless the

creditor agency has requested, and FMS has agreed, to do so on the

creditor agency's behalf. The creditor agency shall notify FMS

immediately of any change in the status of the legal enforceability of

the debt, for example, if the creditor agency receives notice that the

debtor has filed for bankruptcy protection.

(j) Fees. FMS and other debt collection centers may charge fees for

debt collection services. Fees must be based on costs, however, fees

paid to recover amounts owed may not exceed amounts collected. Nothing

in this rule precludes a credit agency from agreeing to pay fees for

debt collection services which are not based on amounts collected. FMS

and debt collection centers are authorized to retain fees from amounts

collected and may deposit and use such fees in accordance with 31

U.S.C. 3711(g). Fees charged by FMS and other debt collection centers

may be added on to the debt as an administrative cost if authorized

under 3717(e).

Dated: March 25, 1998.

Richard L. Gregg,

Commissioner.

[FR Doc. 98-8453 Filed 4-1-98; 8:45 am]

BILLING CODE 4810-35-P