Waiver of Debts Resulting From Erroneous Payments of Pay and Allowances, 57427-57428 [E6-16040]
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Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations
(d) 24 U.S.C. 420, 10 U.S.C. 4712, and
10 U.S.C. 9712, concerning the
disposition of the effects of a deceased
person who was subject to military law
at a place or command under the
jurisdiction of the Army or Air Force or
of deceased residents of the Armed
Forces Retirement Home.
(e) 37 U.S.C. 554, concerning the sale
of personal property of members of the
Uniformed Services who are in a
missing status.
(f) 32 U.S.C. 714, concerning the final
settlement of accounts of deceased
members of the National Guard.2
Dated: September 25, 2006.
L.M. Bynum,
OSD Federal Register Liason Officer, DOD.
[FR Doc. E6–16034 Filed 9–28–06; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 283
[DOD–2006-OS–133]
RIN 0790–AG90
Waiver of Debts Resulting From
Erroneous Payments of Pay and
Allowances
Department of Defense.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This rule identifies policy and
assigns responsibilities for considering
applications for the waiver of debts
resulting from erroneous payments of
pay and allowances (including travel
and transportation allowances) to or on
behalf of members of the Uniformed
Services and civilian Department of
Defense (DoD) employees. The
Legislative Branch Appropriations Act
of 1996 transferred to the Director of the
Office of Management and Budget
(OMB) the Comptroller General’s
authority to settle claims. The OMB
Director subsequently delegated some of
these authorities to the Department of
Defense. Later, the General Accounting
Office Act of 1996 codified many of
these delegations to the Secretary of
Defense and others and transferred to
the OMB Director the authority of the
Comptroller General to waive uniformed
service member and employee debts
arising out of the erroneous payment of
pay or allowances exceeding $1,500.
The OMB Director subsequently
delegated the authority to waive such
debts of uniformed service members and
DoD employees to the Secretary of
Defense. The Secretary of Defense
further delegated his claims settlement
VerDate Aug<31>2005
17:25 Sep 28, 2006
Jkt 208001
and waiver authorities to the General
Counsel. This rule implements the
reassignment of the Comptroller
General’s former duties within the
Department of Defense with little
impact on the public.
On Thursday, November 14, 2002, the
Department of Defense published
appropriate proposed rules with request
for public comments. Formatting and
editorial changes were made to create
this final document, including
acknowledging that the Coast Guard is
now part of the Department of
Homeland Security rather than the
Department of Transportation. Although
these changes were made in 2003, a
decision was made at that time to hold
publication of these regulations so
accompanying rules would be published
at the same time. Addressing internal
comments and coordinating numerous
editorial changes throughout the
Department of Defense on the
accompanying rulemaking took until
2006.
DATES: Effective Date: September 29,
2006.
FOR FURTHER INFORMATION CONTACT:
Michael Hipple, 703–696–8510.
SUPPLEMENTARY INFORMATION: On
Thursday, November 14, 2002 (67 FR
68964), the Department of Defense
(DoD) published 32 CFR part 283 along
with parts 281, 282, and 284 as
proposed rules with request for public
comments. No public comments were
received on part 283. Formatting and
editorial changes were made to create
this final document. A decision was
made in 2003 to publish the final rules
for parts 283 and 284 at the same time.
Addressing internal comments and
coordinating numerous editorial
changes throughout the Department of
Defense on part 284 took until 2006.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
part 283 is not economically significant
regulatory actions and will not
significantly affect a substantial number
of small entities.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that 32 CFR part
283 does not contain a Federal mandate
that may result in the expenditure by
State, local and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that 32 CFR part
283 is not subject to the ‘‘Regulatory
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
57427
Flexibility Act’’ (5 U.S.C. 601) because,
if promulgated, they would not have a
significant economic impact on a
substantial number of small entities.
These rules affect members of the
Uniformed Services, Federal employees
and transportation carriers. 32 CFR part
283 establishes policies and provide
procedures for considering applications
for waiver of debts resulting from
erroneous pay and allowances to or on
behalf of members and civilian DoD
employees.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that these parts
do not impose any reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
It has been certified that these parts
do not have federalism implications, as
set forth in Executive Order 13132.
These parts do not have substantial
direct effects on: the States; The
relationship between the National
Government and the States; or the
distribution of power and
responsibilities among various levels of
government.
List of Subjects in 32 CFR Part 283
Administrative practice and
procedure, Armed Forces, Waivers.
I Accordingly, 32 CFR part 283 is
added to read as follows:
PART 283—WAIVER OF DEBTS
RESULTING FROM ERRONEOUS
PAYMENTS OF PAY AND
ALLOWANCES
Sec.
283.1
283.2
283.3
283.4
283.5.
§ 283.1
Purpose.
Applicability and scope.
Definitions.
Policy.
Responsibilities.
Purpose.
This part establishes policy and
assigns responsibilities for considering
applications for the waiver of debts
resulting from erroneous payments of
pay and allowances (including travel
and transportation allowances) to or on
behalf of members of the Uniformed
Services and civilian DoD employees
under 10 U.S.C. 2774, 32 U.S.C. 716, 5
U.S.C. 5584.
§ 283.2
Applicability and scope.
This part applies to:
(a) The Office of the Secretary of
Defense, the Military Departments, the
Chairman of the Joint Chiefs of Staff, the
Combatant Commands, the Office of
Inspector General of the Department of
E:\FR\FM\29SER1.SGM
29SER1
57428
Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations
Defense, the Defense Agencies, the DoD
Field Activities, and all other
organizational entities in the
Department of Defense (hereafter
referred to collectively as the ‘‘DoD
Components’’).
(b) The Coast Guard, when it is not
operating as a Service in the Navy under
the agreement with the Department of
Homeland Security, and the
Commissioned Corps of the Public
Health Service (PHS) and the National
Oceanic and Atmospheric
Administration (NOAA) under
agreements with the Departments of
Health and Human Services and
Commerce (hereafter referred to
collectively as the ‘‘non-DoD
Components’’).
§ 283.3
Definitions.
Debt. An amount an individual owes
the Government as the result of
erroneous payments of pay and
allowances (including travel and
transportation allowances) to or on
behalf of members of the Uniformed
Services or civilian DoD employees.
Erroneous Payment. A payment that is
not in strict conformity with applicable
laws or regulations.
Uniformed Services. The Army, the
Navy, the Air Force, the Marine Corps,
the Coast Guard, and the Commissioned
Corps of the PHS and the NOAA.
Waiver Application. A request that
the United States relinquishes its claim
against an individual for a debt resulting
from erroneous payments of pay or
allowances (including travel and
transportation allowances) under 10
U.S.C. 2774, 32 U.S.C. 716, or 5 U.S.C.
5584.
§ 283.4
Policy.
It is DoD policy that:
(a) The officials designated in this
part exercise waiver authority that, by
statute or delegation, is vested in the
Department of Defense.
(b) Waiver applications shall be
processed in accordance with all
pertinent statutes and regulations, and
after consideration of other relevant
authorities.
sroberts on PROD1PC70 with RULES
§ 283.5
Responsibilities.
(a) The General Counsel of the
Department of Defense shall:
(1) If the aggregate amount of the debt
is more than $1,500, deny or grant all
or part of a waiver application.
(2) Decide appeals in accordance with
procedures promulgated under
paragraph (a)(3) of this section.
(3) Develop overall waiver policies
and promulgate procedures for
considering waiver applications,
including an initial determination
VerDate Aug<31>2005
17:25 Sep 28, 2006
Jkt 208001
process and a process to appeal an
initial determination.
(b) The Heads of the DoD Components
shall:
(1) Consistent with responsibilities
promulgated under paragraph (a)(3) of
this section, establish procedures within
the DoD Component for the submission
of waiver applications relating to debts
resulting from the DoD Component’s
activity, which shall be referred to the
appropriate official for consideration as
set forth in paragraphs (a), (d), (e), or (f)
of this section.
(3) Ensure compliance with this part
and policies and procedures
promulgated under paragraph (a)(3) of
this section.
(c) The Heads of the Non-DoD
Components concerning debts resulting
from that Component’s activity shall:
(1) If the aggregate amount of the debt
is $1,500 or less, deny or grant all or
part of a waiver application pursuant to
10 U.S.C. 2774.
(2) If the aggregate amount of the debt
is more than $1,500:
(i) Deny a waiver application in its
entirety; or
(ii) Refer a waiver application for
consideration with a recommendation
that all or part of the application be
granted, in accordance with procedures
promulgated under paragraph (a)(3) of
this section.
(d) The Under Secretary of Defense
(Comptroller)/Chief Financial Officer
concerning debts (except those
described in paragraphs (e) and (f) of
this section) resulting from DoD
Component activity shall:
(1) If the aggregate amount of the debt
is $1,500 or less, deny or grant all or
part of a waiver application pursuant to
enclosure 2 of DoD Directive 5118.3.1
(2) If the aggregate amount of the debt
is more than $1,500:
(i) Deny a waiver application in its
entirety; or
(ii) Refer a waiver application for
consideration with a recommendation
that all or part of the application be
granted, in accordance with procedures
promulgated under paragraph (a)(3) of
this section.
(e) The Director, Department of
Defense Education Activity, under the
Under Secretary of Defense for
Personnel and Readiness concerning
debts of civilian employees resulting
from that Component’s activity shall:
(1) If the aggregate amount of the debt
is $1,500 or less, deny or grant all or
part of a waiver application pursuant to
enclosure 2 of DoD Directive 1342.6.2
1 Available
at https://www.dtic.mil/whs/directives/
2 Available
at https://www.dtic.mil/whs/directives/
.
.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
(2) If the aggregate amount of the debt
is more than $1,500:
(i) Deny a waiver application in its
entirety; or
(ii) Refer a waiver application for
consideration with a recommendation
that all or part of the application be
granted, in accordance with procedures
promulgated under paragraph (a)(3) of
this section.
(f) The Director, National Security
Agency, under the Under Secretary of
Defense for Intelligence concerning
debts resulting from that Component’s
activity shall:
(1) If the aggregate amount of the debt
is $1,500 or less, deny or grant all or
part of a waiver application.
(2) If the aggregate amount of the debt
is more than $1,500:
(i) Deny a waiver application in its
entirety; or
(ii) Refer a waiver application for
consideration with a recommendation
that all or part of the application be
granted, in accordance with procedures
promulgated under paragraph (a)(3) of
this section.
September 25, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.
[FR Doc. E6–16040 Filed 9–28–06; 8:45 am]
BILLING CODE 5001–06–P
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AGENCY
40 CFR Part 52
[EPA–R03–OAR–2005–0549; FRL–8224–9]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Additional NOX
Emission Reductions To Support the
Philadelphia-Trenton-Wilmington OneHour Ozone Nonattainment Area, and
Remaining NOX SIP Call Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving State
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submitted by the Commonwealth of
Pennsylvania. These revisions pertain to
nitrogen oxides (NOX) reductions that
are required for the Commonwealth to
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demonstration for the PhiladelphiaTrenton-Wilmington one-hour ozone
nonattainment area (the Philadelphia
Area); NOX reductions from stationary
internal combustion (IC) engines to meet
the NOX SIP Call Phase II (Phase II); and
NOX reductions from cement kilns to
meet the NOX SIP Call. The revisions
E:\FR\FM\29SER1.SGM
29SER1
]]>Agencies
[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Rules and Regulations]
[Pages 57427-57428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16040]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 283
[DOD-2006-OS-133]
RIN 0790-AG90
Waiver of Debts Resulting From Erroneous Payments of Pay and
Allowances
AGENCY: Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies policy and assigns responsibilities for
considering applications for the waiver of debts resulting from
erroneous payments of pay and allowances (including travel and
transportation allowances) to or on behalf of members of the Uniformed
Services and civilian Department of Defense (DoD) employees. The
Legislative Branch Appropriations Act of 1996 transferred to the
Director of the Office of Management and Budget (OMB) the Comptroller
General's authority to settle claims. The OMB Director subsequently
delegated some of these authorities to the Department of Defense.
Later, the General Accounting Office Act of 1996 codified many of these
delegations to the Secretary of Defense and others and transferred to
the OMB Director the authority of the Comptroller General to waive
uniformed service member and employee debts arising out of the
erroneous payment of pay or allowances exceeding $1,500. The OMB
Director subsequently delegated the authority to waive such debts of
uniformed service members and DoD employees to the Secretary of
Defense. The Secretary of Defense further delegated his claims
settlement and waiver authorities to the General Counsel. This rule
implements the reassignment of the Comptroller General's former duties
within the Department of Defense with little impact on the public.
On Thursday, November 14, 2002, the Department of Defense published
appropriate proposed rules with request for public comments. Formatting
and editorial changes were made to create this final document,
including acknowledging that the Coast Guard is now part of the
Department of Homeland Security rather than the Department of
Transportation. Although these changes were made in 2003, a decision
was made at that time to hold publication of these regulations so
accompanying rules would be published at the same time. Addressing
internal comments and coordinating numerous editorial changes
throughout the Department of Defense on the accompanying rulemaking
took until 2006.
DATES: Effective Date: September 29, 2006.
FOR FURTHER INFORMATION CONTACT: Michael Hipple, 703-696-8510.
SUPPLEMENTARY INFORMATION: On Thursday, November 14, 2002 (67 FR
68964), the Department of Defense (DoD) published 32 CFR part 283 along
with parts 281, 282, and 284 as proposed rules with request for public
comments. No public comments were received on part 283. Formatting and
editorial changes were made to create this final document. A decision
was made in 2003 to publish the final rules for parts 283 and 284 at
the same time. Addressing internal comments and coordinating numerous
editorial changes throughout the Department of Defense on part 284 took
until 2006.
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 283 is not economically
significant regulatory actions and will not significantly affect a
substantial number of small entities.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that 32 CFR part 283 does not contain a
Federal mandate that may result in the expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 283 is not subject to the
``Regulatory Flexibility Act'' (5 U.S.C. 601) because, if promulgated,
they would not have a significant economic impact on a substantial
number of small entities. These rules affect members of the Uniformed
Services, Federal employees and transportation carriers. 32 CFR part
283 establishes policies and provide procedures for considering
applications for waiver of debts resulting from erroneous pay and
allowances to or on behalf of members and civilian DoD employees.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that these parts do not impose any reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that these parts do not have federalism
implications, as set forth in Executive Order 13132. These parts do not
have substantial direct effects on: the States; The relationship
between the National Government and the States; or the distribution of
power and responsibilities among various levels of government.
List of Subjects in 32 CFR Part 283
Administrative practice and procedure, Armed Forces, Waivers.
0
Accordingly, 32 CFR part 283 is added to read as follows:
PART 283--WAIVER OF DEBTS RESULTING FROM ERRONEOUS PAYMENTS OF PAY
AND ALLOWANCES
Sec.
283.1 Purpose.
283.2 Applicability and scope.
283.3 Definitions.
283.4 Policy.
283.5. Responsibilities.
Sec. 283.1 Purpose.
This part establishes policy and assigns responsibilities for
considering applications for the waiver of debts resulting from
erroneous payments of pay and allowances (including travel and
transportation allowances) to or on behalf of members of the Uniformed
Services and civilian DoD employees under 10 U.S.C. 2774, 32 U.S.C.
716, 5 U.S.C. 5584.
Sec. 283.2 Applicability and scope.
This part applies to:
(a) The Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant
Commands, the Office of Inspector General of the Department of
[[Page 57428]]
Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities in the Department of Defense (hereafter
referred to collectively as the ``DoD Components'').
(b) The Coast Guard, when it is not operating as a Service in the
Navy under the agreement with the Department of Homeland Security, and
the Commissioned Corps of the Public Health Service (PHS) and the
National Oceanic and Atmospheric Administration (NOAA) under agreements
with the Departments of Health and Human Services and Commerce
(hereafter referred to collectively as the ``non-DoD Components'').
Sec. 283.3 Definitions.
Debt. An amount an individual owes the Government as the result of
erroneous payments of pay and allowances (including travel and
transportation allowances) to or on behalf of members of the Uniformed
Services or civilian DoD employees.
Erroneous Payment. A payment that is not in strict conformity with
applicable laws or regulations.
Uniformed Services. The Army, the Navy, the Air Force, the Marine
Corps, the Coast Guard, and the Commissioned Corps of the PHS and the
NOAA.
Waiver Application. A request that the United States relinquishes
its claim against an individual for a debt resulting from erroneous
payments of pay or allowances (including travel and transportation
allowances) under 10 U.S.C. 2774, 32 U.S.C. 716, or 5 U.S.C. 5584.
Sec. 283.4 Policy.
It is DoD policy that:
(a) The officials designated in this part exercise waiver authority
that, by statute or delegation, is vested in the Department of Defense.
(b) Waiver applications shall be processed in accordance with all
pertinent statutes and regulations, and after consideration of other
relevant authorities.
Sec. 283.5 Responsibilities.
(a) The General Counsel of the Department of Defense shall:
(1) If the aggregate amount of the debt is more than $1,500, deny
or grant all or part of a waiver application.
(2) Decide appeals in accordance with procedures promulgated under
paragraph (a)(3) of this section.
(3) Develop overall waiver policies and promulgate procedures for
considering waiver applications, including an initial determination
process and a process to appeal an initial determination.
(b) The Heads of the DoD Components shall:
(1) Consistent with responsibilities promulgated under paragraph
(a)(3) of this section, establish procedures within the DoD Component
for the submission of waiver applications relating to debts resulting
from the DoD Component's activity, which shall be referred to the
appropriate official for consideration as set forth in paragraphs (a),
(d), (e), or (f) of this section.
(3) Ensure compliance with this part and policies and procedures
promulgated under paragraph (a)(3) of this section.
(c) The Heads of the Non-DoD Components concerning debts resulting
from that Component's activity shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application pursuant to 10 U.S.C. 2774.
(2) If the aggregate amount of the debt is more than $1,500:
(i) Deny a waiver application in its entirety; or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (a)(3) of this
section.
(d) The Under Secretary of Defense (Comptroller)/Chief Financial
Officer concerning debts (except those described in paragraphs (e) and
(f) of this section) resulting from DoD Component activity shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application pursuant to enclosure 2 of
DoD Directive 5118.3.\1\
---------------------------------------------------------------------------
\1\ Available at https://www.dtic.mil/whs/directives/.
---------------------------------------------------------------------------
(2) If the aggregate amount of the debt is more than $1,500:
(i) Deny a waiver application in its entirety; or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (a)(3) of this
section.
(e) The Director, Department of Defense Education Activity, under
the Under Secretary of Defense for Personnel and Readiness concerning
debts of civilian employees resulting from that Component's activity
shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application pursuant to enclosure 2 of
DoD Directive 1342.6.\2\
---------------------------------------------------------------------------
\2\ Available at https://www.dtic.mil/whs/directives/.
---------------------------------------------------------------------------
(2) If the aggregate amount of the debt is more than $1,500:
(i) Deny a waiver application in its entirety; or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (a)(3) of this
section.
(f) The Director, National Security Agency, under the Under
Secretary of Defense for Intelligence concerning debts resulting from
that Component's activity shall:
(1) If the aggregate amount of the debt is $1,500 or less, deny or
grant all or part of a waiver application.
(2) If the aggregate amount of the debt is more than $1,500:
(i) Deny a waiver application in its entirety; or
(ii) Refer a waiver application for consideration with a
recommendation that all or part of the application be granted, in
accordance with procedures promulgated under paragraph (a)(3) of this
section.
September 25, 2006.
L.M. Bynum,
OSD Federal Register Liaison Officer, DoD.
[FR Doc. E6-16040 Filed 9-28-06; 8:45 am]
BILLING CODE 5001-06-P
