[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR89.3]

[Page 715]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 89_IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT--Table of Contents
 
                            Subpart A_General
 
Sec.  89.3  Applicability.

    (a) The part applies to collection of all claims due the United 
States under the Federal Claims Collection Act of 1966 as amended by the 
Debt Collection Act of 1982 and the Debt Collection Amendments of 1986 
(Pub. L. 99-578), arising from activities under the jurisdiction of DOT 
including amounts due the United States from fees, overpayments, fines, 
civil penalties, loans, damages, interest, and other sources.
    (b) This part does not apply to collection, settlement or compromise 
of debts owed the United States pursuant to authority other than Title 
31, Chapter 37, Subchapter II: for example, application of this part to 
the enforcement of contracts under 46 U.S.C. 1117, delegated to the DOT 
Maritime Administration, is not required.
    (c) Section 89.23 (interest, late payment penalties, and collection 
charges) and Sec.  89.25 (collection by administrative offset) of this 
part do not apply to debts which other United States government agencies 
or state governments or units of general local government owe the 
Department (see 31 U.S.C. 3701(c)); however, other statutory or common 
law may provide legal authority. Neither does the proposed rule apply to 
recovery of debts owed by current or former employees of the United 
States governed by 5 U.S.C. 5514.
    (d) Claims arising out of contracts that contain specific provisions 
relating to claims are governed by those specific provisions to the 
extent that those provisions comply with existing law and with 4 CFR 
chapter II.
    (e) As used in this part, the terms debt and claims are 
interchangeable and have the meaning defined in 4 CFR 101.2(a). A 
debtor's liability arising out of a particular incident or adjudication 
exclusive of interest, administrative costs, and late payment penalties, 
is a single claim.
    (f) Except as provided in paragraphs (b), (c) and (d) of this 
section the provisions of this part shall apply to the collection of all 
debts and claims owed to any DOT operating element. A claim arising from 
the assessment of civil penalty or fine is not subject to the procedures 
of this subpart until the claim has been reduced to a liquidated debt by 
a signed settlement agreement, a court order or judgment, or a final 
administrative determination.