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returned after approval of the applica- (2) Employees who are separating of tion.

have separated (1) Employees who are

in the process of separating. If the em892.41 Requesting recovery when the

ployee is in the process of separating, Department is not the paying agen- the DOT creditor operating element су.

shall submit its debt claim (Attach(a) Format of the request for recovery. ment 1) to the employee's paying agen(1) Where the DOT operating element is cy for collection as provided in $92.31 of the creditor agency and another agen- this part. The paying agency is recy is the paying agency, the chief of quired to certify the total amount of the accounting of finance office of the its collection made or to be made prior appropriate DOT operating element

to separation and notify the DOT credi(see $92.5(g)) shall complete and certify tor operating element and the emthe "Debt Claim Form" (see Attach- ployee as provided in $92.41 (b)(2)(iii). If ment 1), and attach a copy of the de- the paying agency is aware that the mand letter sent to the employee pur- employee is entitled to payments from suant to 892.11 with a statement of the the Civil Service Retirement and Disemployee's response thereto, or, if a ability Fund, or other similar pay. hearing was held pursuant to $92.13, at- ments, it shall advise the DOT operattach a copy of the decision of the ad- ing element and send a copy of the debt ministrative law judge or other hearing claim and certification to the agency official. The DOT creditor operating responsible for making such payments element shall certify that the em- as notice that a debt is outstanding. ployee owes the debt, the amount and (ii) Employees who have already sepabasis of the debt, the date on which rated. If the employee has already sepapayment is due, the date the Govern- rated and all payments due from his or ment's right to collect the debt ac- her former paying agency have been crued, and that the Departmental regu- paid, the DOT operating element may lations implementing 5 U.S.C. 5514 have request, unless otherwise prohibited for been approved by the Office of Person- example by court order, that monies nel Management.

which are due and payable to the em(2) If the collection is to be made in ployee from the Civil Service Retirevoluntary or involuntary installments ment and Disability Fund (5 CFR (see Attachment 1), the DOT creditor 831.1801 et seq.) or other similar funds, operating element shall also advise the be administratively offset in order to paying agency of the amount of the in- collect the debt (see 31 U.S.C. 3716 and stallments and, if a date for the begin- the FCCS). ning of payments other than the next (iii) Employees who transfer from one officially established pay period is re- paying agency to another. If, after the quired, the date of the first install- DOT creditor operating element has ment.

submitted the debt claim to the em(3) Unless the employee has volun- ployee's paying agency, the employee tarily agreed to the salary offset in transfers to a position served by a difwriting or, in the absence of such ferent paying agency before the debt is agreement, has signed a statement ac- collected in full, the paying agency knowledging receipt of the procedures from which the employee separates required by 5 U.S.C. 5514(a)(2) and the shall certify the total amount of the writing or statement is attached to the collection made on the debt. One copy debt claim form, the DOT creditor op- of the certification shall be furnished erating element shall also indicate the to the employee and another to the action(s) taken under 5 U.S.C. 5514 and DOT operating element along with nogive the date(s) the action(s) were tice of the employee's transfer. The taken.

original of the debt claim form shall be (b) Submitting the request for recov- inserted in the employee's official perery-(1) Current employees. The DOT sonnel folder along with a copy of the creditor operating element shall sub- certification of the amount which has mit the "Debt Claim Form” (Attach- been collected. Upon receiving the offiment 1) to the employee's paying agen- cial personnel folder, the new paying cy.

agency shall, in accordnce with the

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DOT operating element's properly certified claim, resume the collection from the employee's current pay account and notify the employee and the DOT creditor operating element of the resumption. The DOT operating element is not required to repeat the required collection procedures from the beginning in order to resume the collection. However, it shall be the responsibility of the DOT creditor operating element to review the debt upon receiving the former paying agency's notice of the employee's transfer to make sure the collection is resumed by the new paying agency. $92.43 Requests for recovery when the

Department is the paying agency. (a) Incomplete request for recovery. If the request for recovery received by the chief of the accounting or finance office of the appropriate DOT operating element is incomplete in any respect (see $ 92.21(b)) including, but not limited to, the failure to certify in writing that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date the creditor agency's right to collect the debt first accrued, and that the creditor agency's regulations imple

menting 5 U.S.C. 5514 were approved by OPM, the request shall be returned to the creditor agency with a statement of the deficiency. No action to implement salary offset may be initiated until a complete request has been received.

(b) Complete request for recovery. If a complete request for recovery is received by the chief of the accounting or finance office of the appropriate DOT operating element, a copy of the request and any supporting documentation shall be transmitted to the appropriate payroll office, and deductions shall be scheduled to begin at the next officially established pay interval. A copy of the request and any supporting documentation shall be provided to the debtor, along with a notice of the date deductions will begin.

(c) The DOT operating element may not review the merits of the creditor agency's determination with respect to the amount or validity of the debt as stated in the request for recovery. 892.45 Other debt collections.

Separate rules exist for general collection of debts owed the United States under 31 U.S.C. 3711, 3716–18; 4 CFR Ch. II.

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11 To liquidate

a debt to the United States, the named creditor agency asks that the debt be collected as shown from the current pay of the enployee identified above. Notices and inquiries concerning the debt should be sent to the address shown below.

2. Dabt information la. Reason for de bt :

Ib. Date right to collect accrued

Ic. Debt identification number, if any 18. Original debt :

le. Number of installments] @ Amount langunt. $

Is lf. Interest due Idi nons.sbor.NZA.S. 1g. Penalty due Indif.none._shon_NA_$_ lh. Ada inistrative cost 1 Lif_nong.shor.NZA__

19_ 11. Total collection

lj. Commence deductions on (date) Lube_be_Rade_--- SC

dad de Due_DKOSRSRIIL date_actions_taken:_01_attach . I acknouledgement (7_consent. I creditor agency 30-day I salary_offset_DOLÍCE

IlHeasing beld. ! ! Employee did not re

1 | Decision for creditor Llapond ISODBEDE assumedl.

I lagen sy ! Employee requested a hear

Tother ilina--

JordI certify the following: (1) the debt identified above is properly due the United States from the named employee in the amount shown; (2) this agency's regulations implementing 5 U.S.C. 5514 have been approved by the Office of Personnel Management, and (3) the information concerning this agency's and the employee's actions is correct as stated. 3. Sreditor_agency information la. Name

1b. Appropriation/fund (title/symbol ) 1 Ic. Address

1d. Disbursing officer (name/ symbol )

1 1. le. Signature of certifying official if. Date I. ig. Title

Th. Telephone number 1.

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PART 93-AIRCRAFT ALLOCATION

Sec.
93.1 Issuance of aircraft allocations.
33.3 Reporting requirements.

AUTHORITY: Sec. 9, 80 Stat. 944; 49 U.S.C. 1657.

95.13 Antitrust laws. 95.15 Conflicts of interest statutes, orders,

and regulations. AUTHORITY: Sec. 9, 80 Stat. 944 (49 U.S.C. 1657); E.O. 11007, 3 CFR, 1959–1963 Comp., p. 573.

SOURCE: 33 FR 467, Jan. 12, 1968, unless otherwise noted.

883.1 Lssuance of aircraft allocations.

From time to time, the Director, Office of Emergency Transportation, issues planning orders allocating aircraft to the Department of Defense, identified by FAA registration number, for the Civil Reserve Air Fleet Program, or as a reserve fleet for use in certain contingencies in the Civil Reserve Air Fleet Program of the Department of Defense. The current listing of aircraft allocations may be obtained upon request from the Director, Office of Emergency Transportation, Department of Transportation, Washington, DC 20590. (32 FR 20778, Dec. 23, 1967, as amended by Amdt. 93–1, 33 FR 7821, May 29, 1968)

$93.3 Reporting requirements.

In the event any aircraft identified in the allocations in effect:

(a) Is destroyed or suffers major damage the owner or operator, or both, shall give immediate notice thereof to the Director, Office of Emergency Transportation; or

(b) Is sold, leased, or otherwise transferred, the transferor or owner, or both, shall give immediate notice thereof to the Director, Office of Emergency Transportation, together with full information concerning the identity of the transferee, the date and place of transfer, and the terms and conditions of the transfer. (32 FR 20778, Dec. 23, 1967)

895.1 Applicability.

(a) This part prescribes uniform regulations governing the formation and use of advisory committees by the Office of the Secretary of Transportation, the U.S. Coast Guard, the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, the Urban Mass Transportation Administration, the National Highway Traffic Safety Administration, and the St. Lawrence Seaway Development Corporation. It does not apply to the National Transportation Safety Board.

(b) This part applies to advisory committees formed or used by the organizations named in paragraph (a) of this section. It also applies to those organizations whenever they affiliate with, participate in, or use similar advisory committees formed or used by other departments or agencies of the Executive Branch of the Government, unless specifically exempted under paragraph (c) of this section. Advisory committees whose membership includes "consultants and advisers" are subject to this part regardless of whether those members are considered to be Government employees on the days they attend committee meetings.

(c) This part does not apply to:

(1) Any advisory committee the purpose, composition, and operation of which is specified by statute, unless and to the extent that statute authorizes the President to prescribe regulations for the committee's formation and use.

(2) Any advisory Committee composed wholly of representatives of State or local agencies or of charitable, religious, educational, civic, social welfare, or similar nonprofit organizations.

(3) Any local, regional, or national committee whose only function is to disseminate information for public agencies, or any local civil committee

PART 95-ADVISORY COMMITTEES

Sec. 95.1 Applicability. 95.3 Definitions. 95.5 Use of advisory committees generally. 95.7 Industry advisory Committees: Mem

bership. 95.9 Meetings; other than industry advisory

committees. 36.11 Meetings; industry advisory commit

tees.

whose primary function is to perform a public service, other than giving advice or making recommendations to the Government.

(33 FR 467, Jan. 12, 1968, as amended by Amdt. 95-2, 35 FR 5331, Mar. 31, 1970; Amdt. 95-3, 36 FR 431, Jan. 13, 1971)

tions which are not solely advisory. Determinations of action to be taken with respect to matters upon which an advisory Committee advises or recommends may be made only by a fulltime, salaried officer or employee of the Government.

(b) An advisory Committee may be established to serve the Department as a whole, the Office of the Secretary, any operating administration, any combination of the Office of the Secretary and the operating administrations, or the operating administrations collectively. However, advisory committee may be formed or used unless (1) the committee is specifically authorized by law, or (2) the committee is specifically approved, in writing, by the Secretary or his designee, to be in the public interest in connection with the performance of duties imposed on the Department or any part of it.

no

8 95.3 Definitions.

For the purposes of this part:

(a) Advisory Committee includes any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee, or other subgroup thereof, which is formed within the Department in the interest of obtaining advice or recommendations, or for any other purpose, and which is not composed wholly of officers or employees of the Government. It also includes any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or subgroup thereof, which is not formed within the Department, but only during the period it is being used by the Department in the same manner as a Government-formed advisory committee.

(b) Industry advisory Committee includes any advisory Committee composed predominately of members or representatives of a single industry or group of related industries, or any subdivision of a single industry, made on a geographic, service, or product basis.

(C) Department means Department of Transportation.

(d) Secretary means the Secretary of Transportation.

$95.7 Industry advisory Committees:

Membership Each industry advisory Committee must be reasonably representative of the group of industries, the single industry, or the product segment thereof to which it relates, taking into account the size and function of business enterprises in the industry or industries and their location, affiliation, and competitive status among other factors. Selection of industry members shall, unless otherwise provided by statute, be limited to persons actively engaged in operations in the particular industry, industries, or segments concerned, except in cases in which the Secretary or his designee considers that such a limitation would interfere with effective committee operations.

8 95.5 Use of advisory committees gen.

erally. (a) Advisory Committees are formed to provide a means of obtaining advice, views, and recommendations of benefit to the operations of the Government from industrialists, businessmen, scientists, engineers, educators, and other public and private citizens whose experience and talents would not otherwise be available to the Department. An advisory committee may be used when its counsel is desired on matters under consideration by any part of the Department. Unless specifically authorized by law to the contrary, no advisory committee may be used for func

8 95.9 Meetings; other than industry

advisory committees. (a) Meetings of an advisory committee, other than an industry advisory committee, may be held only at the call, or with the advance approval, of a full-time, salaried officer or employee of the Department, with an agenda formulated or approved by that officer or employee.

(b) Each meeting shall be chaired by, or be conducted in the presence of, a full-time, salaried officer or employee of the Government who is required to

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