Federal Travel Regulation (FTR); Payment of Expenses Connected With the Death of Certain Employees, 71890-71892 [2011-30022]
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71890
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations
§ 302–9.5 What expenses may I be allowed
for storage of a POV when on a permanent
or temporary assignment?
There is no authority for nonemergency storage of a POV when on a
permanent or temporary assignment;
however, an agency may approve
storage for a POV when an employee is
assigned a temporary change of station
in support of a contingency operation as
defined in 10 U.S.C. 1482a(c)(2).
■ 15. Amend newly-designated § 302–
9.6 by—
■ a. Revising the section heading;
■ b. Adding ‘‘or temporary’’ before the
word ‘‘storage’’; and
■ c. Removing the period at end of
sentence and adding ‘‘, or when the
employee is not authorized to have a
POV at the TCS location under subpart
F of this part.’’ in its place.
The revised section heading reads as
follows:
§ 302–9.9 What type of POV may I be
authorized to transport, and if necessary,
store under emergency or temporary
circumstances?
*
*
*
*
*
19. Amend newly-designated § 302–
9.11 by revising the section heading to
read as follows:
■
§ 302–9.11 For what POV emergency or
temporary storage expenses will my agency
pay?
*
*
§ 302–9.12
*
*
*
[Amended]
20. Amend newly-designated § 302–
9.12 by adding ‘‘or temporary’’ before
the word ‘‘storage’’ in the section
heading, and in the paragraph.
■
§ 302–9.140
[Amended]
21. Amend § 302–9.140, paragraph (a),
by removing ‘‘§ 302–9.504’’ and adding
‘‘§ 302–9.604’’ in its place.
■
§ 302–9.6 What is the purpose of the
allowance for emergency or temporary
storage of a POV?
§ 302–9.170
*
*
*
*
*
16. Amend newly-designated § 302–
9.7 by—
■ a. Revising the section heading;
■ b. Adding in the introductory text ‘‘or
temporary’’ before the word ‘‘storage’’;
and
■ c. Adding paragraph (e).
The revised and added text reads as
follows:
■
§ 302–9.7 What POV transportation and
emergency or temporary storage may my
agency authorize at Government expense?
Subpart G—[Amended]
■
*
*
*
*
*
(e) Storage of a POV during a TCS in
support of a contingency operation.
■ 17. Amend newly-designated § 302–
9.8 by—
■ a. Revising the section heading;
■ b. Adding in the second sentence ‘‘or
temporary’’ before the word ‘‘storage’’;
and
■ c. Removing the word ‘‘transferred’’
before the word ‘‘employee’’.
The revised section heading reads as
follows:
§ 302–9.8 Must my agency authorize
transportation or emergency or temporary
storage of my POV?
wreier-aviles on DSK3TPTVN1PROD with RULES
*
*
*
*
*
18. Amend newly-designated § 302–
9.9 by—
■ a. Revising the section heading; and
■ b. Adding in the first sentence ‘‘or
temporary’’ before the word
‘‘circumstances’’.
The revised section heading reads as
follows:
■
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Jkt 226001
[Amended]
22. Amend § 302–9.170, paragraph
(d), by removing ‘‘§ 302–9.504’’ and
adding ‘‘§ 302–9.604’’ in its place.
Subpart F—[Redesignated as Subpart
G]
23. Redesignate subpart F, consisting
of §§ 302–9.500 through 302–9.506, as
subpart G.
■
Subpart F— Temporary Storage of a
POV
§ 302–9.500 When am I eligible for
temporary storage of a POV?
You may be eligible for temporary
storage of your POV when:
(a) You are assigned a TCS in support
of a contingency operation
(humanitarian operations, peacekeeping
operations, and similar operations) as
defined in 10 U.S.C. 1482a(c)(2);
(b) You are eligible for expenses as
authorized in part 302–3, subpart E; and
(c) The head of your agency
determines it would be more
advantageous, cost and other factors
considered, to authorize a temporary
storage of a POV.
§ 302–9.501 How many POVs will be
eligible for storage and for how long will my
agency authorize the storage?
You may be authorized to store not
more than one POV at any given time
during the period of the TCS
assignment, subject to this subpart. A
POV may be stored for the duration of
the TCS.
§ 302–9.502 What expenses may my
agency authorize for temporary storage of
my POV?
Your agency may provide for storage,
without charge, or for the
reimbursement of the cost of storage, of
one POV that is owned or leased by an
employee of that agency (or by a
dependent of such an employee) and
that is for the personal use of the
employee.
24. Amend the note below the
heading to newly-designated subpart G
by removing ‘‘Note to Subpart F:’’ and
adding ‘‘Note to Subpart G:’’ in its place.
§ 302–9.604
§§ 302–9.500 through 302–9.506
[Redesignated]
[FR Doc. 2011–29565 Filed 11–18–11; 8:45 am]
■
[Amended]
27. Amend newly designated § 302–
9.604 by removing ‘‘§ 302–9.505’’ and
adding ‘‘§ 302–9.605’’ in its place.
■
BILLING CODE 6820–14–P
25. Redesignate §§ 302–9.500 through
302–9.506 as §§ 302–9.600 through 302–
9.606 respectively.
GENERAL SERVICES
ADMINISTRATION
Subpart F—[Added]
41 CFR Part 303–70
26. Amend part 302–9 by adding a
new Subpart F, consisting of §§ 302–
9.500 through 302–9.502 to read as
follows:
[FTR Amendment 2011–07; FTR Case 2011–
308; Docket Number 2011–0022, Sequence
1]
■
■
Subpart F—Temporary Storage of a POV
Sec.
302–9.500 When am I eligible for
temporary storage of a POV?
302–9.501 How many POVs will be eligible
for storage and for how long will my
agency authorize the storage?
302–9.502 What expenses may my agency
authorize for temporary storage of my
POV?
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RIN 3090–AJ21
Federal Travel Regulation (FTR);
Payment of Expenses Connected With
the Death of Certain Employees
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Interim rule with request for
comments.
AGENCY:
E:\FR\FM\21NOR1.SGM
21NOR1
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations
GSA is amending the Federal
Travel Regulation (FTR) to establish
policy for the transportation of the
immediate family, household goods,
personal effects, and one privately
owned vehicle of a covered employee
whose death occurred as a result of
personal injury sustained while in the
performance of the employee’s duty as
defined by the agency.
DATES: Effective date: This interim rule
is effective November 21, 2011.
Applicability date: This interim rule
applies to travel relating to employees
who died on and after June 9, 2010.
Comment due date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
January 20, 2012 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FTR Amendment 2011–07,
FTR case 2011–308 by any of the
following methods:
• Federal eRulemaking Portals:
https://www.regulations.gov. Submit
comments via the Federal eRulemaking
portal by inputting ‘‘FTR Case 2011–
308’’ under the heading ‘‘Enter Keyword
or ID’’ and selecting ‘‘Search.’’ Select
the link ‘‘Submit a Comment’’ that
corresponds with ‘‘FTR Case 2011–
308.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘FTR Case 2011–
308’’ on your attached document.
• Fax: (202) 501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers,
1275 First Street NE., 7th Floor,
Washington, DC 20417.
Instructions: Please submit comments
only and cite FTR Amendment 2011–07,
FTR case 2011–308 in all
correspondence related to this case. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Rick
Miller, Office of Governmentwide
Policy, Travel Management Policy, at
(202) 501–3822 or email at
rodney.miller@gsa.gov, for clarification
of content. For information pertaining to
status or publication schedules contact
the Regulatory Secretariat (MVCB) at
(202) 501–4755. Please cite FTR
Amendment 2011–07, FTR case 2011–
308.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK3TPTVN1PROD with RULES
SUMMARY:
A. Background
Pursuant to 5 U.S.C. 5707, the
Administrator of General Services is
VerDate Mar<15>2010
15:20 Nov 18, 2011
Jkt 226001
authorized to prescribe necessary
regulations to implement laws regarding
Federal employees who travel in the
performance of official business away
from their official stations. Similarly, 5
U.S.C. 5738 mandates that the
Administrator of General Services
prescribe regulations relating to official
relocation. In addition, the Presidential
Memorandum ‘‘Delegation Under
Section 2(a) of the Special Agent
Samuel Hicks Families of Fallen Heroes
Act’’, dated September 12, 2011,
published in the Federal Register on
September 15, 2011 (76 FR 57621),
delegates to the Administrator of
General Services the authority to issues
regulations under Public Law 111–178,
the Special Agent Samuel Hicks
Families of Fallen Heroes Act, codified
at 5 U.S.C. 5724d, relating to the
payment of certain expenses when a
covered employee dies as a result of
injuries sustained in the performance of
his or her official duties. The overall
implementing authority is the Federal
Travel Regulation (FTR), codified in
Title 41 of the Code of Federal
Regulations, Chapters 300–304 (41 CFR
Chapters 300–304).
This interim rule incorporates
language based on Public Law 111–178,
the Special Agent Samuel Hicks
Families of Fallen Heroes Act, codified
at 5 U.S.C. 5724d, to allow agencies to
provide for relocation of dependents
and the household effects of a ‘‘covered
employee’’ whose death occurred as a
result of personal injury sustained while
in the performance of the employee’s
duty as defined by the agency. The term
‘‘covered employees’’ means: (A) A law
enforcement officer, as defined in 5
U.S.C. 5541; (B) an employee in or
under the Federal Bureau of
Investigation who is not described in
subparagraph (A); and (C) a Customs
and Border Protection officer, as defined
in 5 U.S.C. 8331(31).
B. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a ‘‘significant
regulatory action’’ although not
economically significant, under section
3(f) of Executive Order 12866.
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71891
Accordingly, the rule has been reviewed
by the Office of Management and
Budget.
C. Regulatory Flexibility Act
This interim rule will not have
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the revisions are not considered
substantive. This interim rule is also
exempt from Regulatory Flexibility Act
per 5 U.S.C. 553(a)(2), because it applies
to agency management or personnel.
However, this interim rule is being
published to provide transparency in
the promulgation of Federal policies.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FTR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget under
44 U.S.C. 3501, et seq.
E. Small Business Regulatory
Enforcement Fairness Act
This interim rule is also exempt from
congressional review prescribed under
5 U.S.C. 801 since it relates solely to
agency management and personnel.
List of Subjects in 41 CFR Part 303–70
Government employees, Relocation,
Transportation expenses, and Travel.
Dated: November 2, 2011.
Martha Johnson,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
303–70 as set forth below:
PART 303–70—AGENCY
REQUIREMENTS FOR PAYMENT OF
EXPENSES CONNECTED WITH THE
DEATH OF CERTAIN EMPLOYEES
AND FAMILY MEMBERS
1. The authority citation for 41 CFR
part 303–70 is revised to read as
follows:
■
Authority: 5 U.S.C. 5721–5738; 5741–5742;
E.O. 11609, 3 CFR, 1971–1975 Comp., p. 586;
Presidential Memorandum dated September
12, 2011, ‘‘Delegation Under Section 2(a) of
the Special Agent Samuel Hicks Families of
Fallen Heroes Act.’’
§ 303–70.1
[Amended]
2. Amend § 303–70.1 by removing
from paragraph (d) the period at the end
of the sentence and adding ‘‘; or’’ in its
place; and adding paragraph (e) to read
as follows:
■
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71892
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Rules and Regulations
§ 303–70.1 When must we authorize
payment of expenses related to an
employee’s death?
*
*
*
*
*
(e) Performing official duties as
determined by the head of agency and
be a covered employee as provided in
§ 303–70.700.
■ 3. Add Subpart H to read as follows:
Subpart H—Transportation of Immediate
Family Members, Baggage, Household
Goods, and Privately Owned Vehicle for
Law Enforcement Assignment
Sec.
303–70.700 When an employee dies as a
result of personal injury sustained while
in the performance of the employee’s law
enforcement duties, either on official
travel duties away from the official
station, or at the current official station,
must we provide transportation for the
employee’s immediate family, baggage,
and household goods to an alternate
residence destination?
303–70.701 What relocation expenses must
we authorize for the immediate family
under § 303–70.700?
303–70.702 Must we pay transportation
costs to return the deceased employee’s
privately owned vehicle (POV) from the
temporary duty (TDY) location or from
an official station OCONUS under § 303–
70.700?
Subpart H—Transportation of
Immediate Family Members, Baggage,
Household Goods, and Privately
Owned Vehicle for Law Enforcement
Assignment
§ 303–70.700 When an employee dies as a
result of personal injury sustained while in
the performance of the employee’s law
enforcement duties, either on official travel
duties away from the official station, or at
the current official station, must we provide
transportation for the employee’s
immediate family, baggage, and household
goods to an alternate residence
destination?
wreier-aviles on DSK3TPTVN1PROD with RULES
Yes, if the head of the agency
concerned (or a designee) determines
that the employee died as a result of
personal injury sustained while in the
performance of the employee’s duties,
and the employee was:
(a) A law enforcement officer as
defined in 5 U.S.C. 5541;
(b) An employee in or under the
Federal Bureau of Investigation who is
not described in paragraph (a); or
(c) A Customs and Border Protection
officer as defined in 5 U.S.C. 8331(31).
§ 303–70.701 What relocation expenses
must we authorize for the immediate family
under § 303–70.700?
If the place where the immediate
family will reside is different from the
place where the immediate family
resided at the time of the employee’s
death, and within the United States,
VerDate Mar<15>2010
15:20 Nov 18, 2011
Jkt 226001
then the agency must approve the
following expenses:
(a) Transportation of the immediate
family;
(b) Moving of the household goods of
the immediate family, including
transporting, packing, crating, draying,
and unpacking, not to exceed 18,000
pounds net weight;
(c) Storage of household goods moved
pursuant to paragraph (b) of this section,
not to exceed 90 days; and
(d) Transportation of one privately
owned motor vehicle.
§ 303–70.702 Must we pay transportation
costs to return the deceased employee’s
privately owned vehicle (POV) from the
temporary duty (TDY) location or from an
official station OCONUS under § 303–
70.700?
Yes. The agency must pay costs
associated with returning the POV from
the following:
(a) TDY location to the employee’s
permanent official station, if the agency
had authorized the use of the
employee’s POV at the TDY location as
being advantageous to the Government;
or
(b) Official station OCONUS to the
employee’s former actual residence or
alternate destination as approved by the
agency, if the agency determined that
the use of the employee’s POV was
required accordance with Chapter 302,
Part 302–9 of this title.
[FR Doc. 2011–30022 Filed 11–18–11; 8:45 am]
BILLING CODE 6820–14–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 15
[ET Docket No. 04– 37; ET Docket No. 03–
104; FCC 11–160]
Broadband Over Power Lines
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document affirms the
Commission’s rules for Access
Broadband over Power Line (Access
BPL) systems. The Commission also
makes certain minor modifications to
improve and clarify the rules. These
rules provide an appropriate balance
between the dual objectives of providing
for Access BPL technology that has
potential applications for broadband
and Smart Grid while protecting
incumbent radio services against
harmful interference.
DATES: Effective December 21, 2011.
SUMMARY:
PO 00000
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Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Anh
Wride, Office of Engineering and
Technology, (202) 418–0577,
anh.wride@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Second
Report and Order, ET Docket Nos. 04–
37 and 03–104, FCC 11–160, adopted
October 20, 2011 and released October
24, 2011. The full text of this document
is available for inspection and copying
during normal business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554. The complete text of this
document also may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street
SW., Room, CY–B402, Washington, DC
20554. The full text may also be
downloaded at: https://www.fcc.gov.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (tty).
ADDRESSES:
Summary of the Second Report and
Order
1. In this Second Report and Order
(Second Order), the Commission
fundamentally affirms its rules for
Access Broadband over Power Line
(Access BPL) systems. The Commission
also makes certain minor modifications
to improve and clarify the rules. These
rules provide an appropriate balance
between the dual objectives of providing
for Access BPL technology that has
potential applications for broadband
and Smart Grid while protecting
incumbent radio services against
harmful interference.
2. The Commission adopted rules for
Access BPL systems in 2004 and
affirmed those rules in 2006. The BPL
rules were challenged by the national
association for amateur radio, formally
known as the American Radio Relay
League (ARRL) in the United States
Court of Appeals for the District of
Columbia in ARRL v. FCC. In ARRL v.
FCC, the court directed the Commission
to: (1) Make part of the rulemaking
record unredacted versions of several
staff technical studies which the
Commission considered in
promulgating the rules, (2) provide a
reasonable opportunity for public
comment on those studies, and (3)
provide a reasoned explanation of its
choice of the extrapolation factor for use
E:\FR\FM\21NOR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71890-71892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30022]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 303-70
[FTR Amendment 2011-07; FTR Case 2011-308; Docket Number 2011-0022,
Sequence 1]
RIN 3090-AJ21
Federal Travel Regulation (FTR); Payment of Expenses Connected
With the Death of Certain Employees
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
[[Page 71891]]
SUMMARY: GSA is amending the Federal Travel Regulation (FTR) to
establish policy for the transportation of the immediate family,
household goods, personal effects, and one privately owned vehicle of a
covered employee whose death occurred as a result of personal injury
sustained while in the performance of the employee's duty as defined by
the agency.
DATES: Effective date: This interim rule is effective November 21,
2011.
Applicability date: This interim rule applies to travel relating to
employees who died on and after June 9, 2010.
Comment due date: Interested parties should submit written comments
to the Regulatory Secretariat on or before January 20, 2012 to be
considered in the formulation of a final rule.
ADDRESSES: Submit comments identified by FTR Amendment 2011-07, FTR
case 2011-308 by any of the following methods:
Federal eRulemaking Portals: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting ``FTR
Case 2011-308'' under the heading ``Enter Keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``FTR Case 2011-308.'' Follow the instructions provided at the ``Submit
a Comment'' screen. Please include your name, company name (if any),
and ``FTR Case 2011-308'' on your attached document.
Fax: (202) 501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th
Floor, Washington, DC 20417.
Instructions: Please submit comments only and cite FTR Amendment
2011-07, FTR case 2011-308 in all correspondence related to this case.
All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: Rick Miller, Office of Governmentwide
Policy, Travel Management Policy, at (202) 501-3822 or email at
rodney.miller@gsa.gov, for clarification of content. For information
pertaining to status or publication schedules contact the Regulatory
Secretariat (MVCB) at (202) 501-4755. Please cite FTR Amendment 2011-
07, FTR case 2011-308.
SUPPLEMENTARY INFORMATION:
A. Background
Pursuant to 5 U.S.C. 5707, the Administrator of General Services is
authorized to prescribe necessary regulations to implement laws
regarding Federal employees who travel in the performance of official
business away from their official stations. Similarly, 5 U.S.C. 5738
mandates that the Administrator of General Services prescribe
regulations relating to official relocation. In addition, the
Presidential Memorandum ``Delegation Under Section 2(a) of the Special
Agent Samuel Hicks Families of Fallen Heroes Act'', dated September 12,
2011, published in the Federal Register on September 15, 2011 (76 FR
57621), delegates to the Administrator of General Services the
authority to issues regulations under Public Law 111-178, the Special
Agent Samuel Hicks Families of Fallen Heroes Act, codified at 5 U.S.C.
5724d, relating to the payment of certain expenses when a covered
employee dies as a result of injuries sustained in the performance of
his or her official duties. The overall implementing authority is the
Federal Travel Regulation (FTR), codified in Title 41 of the Code of
Federal Regulations, Chapters 300-304 (41 CFR Chapters 300-304).
This interim rule incorporates language based on Public Law 111-
178, the Special Agent Samuel Hicks Families of Fallen Heroes Act,
codified at 5 U.S.C. 5724d, to allow agencies to provide for relocation
of dependents and the household effects of a ``covered employee'' whose
death occurred as a result of personal injury sustained while in the
performance of the employee's duty as defined by the agency. The term
``covered employees'' means: (A) A law enforcement officer, as defined
in 5 U.S.C. 5541; (B) an employee in or under the Federal Bureau of
Investigation who is not described in subparagraph (A); and (C) a
Customs and Border Protection officer, as defined in 5 U.S.C. 8331(31).
B. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
C. Regulatory Flexibility Act
This interim rule will not have significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the
revisions are not considered substantive. This interim rule is also
exempt from Regulatory Flexibility Act per 5 U.S.C. 553(a)(2), because
it applies to agency management or personnel. However, this interim
rule is being published to provide transparency in the promulgation of
Federal policies.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FTR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This interim rule is also exempt from congressional review
prescribed under 5 U.S.C. 801 since it relates solely to agency
management and personnel.
List of Subjects in 41 CFR Part 303-70
Government employees, Relocation, Transportation expenses, and
Travel.
Dated: November 2, 2011.
Martha Johnson,
Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 41 CFR part
303-70 as set forth below:
PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED
WITH THE DEATH OF CERTAIN EMPLOYEES AND FAMILY MEMBERS
0
1. The authority citation for 41 CFR part 303-70 is revised to read as
follows:
Authority: 5 U.S.C. 5721-5738; 5741-5742; E.O. 11609, 3 CFR,
1971-1975 Comp., p. 586; Presidential Memorandum dated September 12,
2011, ``Delegation Under Section 2(a) of the Special Agent Samuel
Hicks Families of Fallen Heroes Act.''
Sec. 303-70.1 [Amended]
0
2. Amend Sec. 303-70.1 by removing from paragraph (d) the period at
the end of the sentence and adding ``; or'' in its place; and adding
paragraph (e) to read as follows:
[[Page 71892]]
Sec. 303-70.1 When must we authorize payment of expenses related to
an employee's death?
* * * * *
(e) Performing official duties as determined by the head of agency
and be a covered employee as provided in Sec. 303-70.700.
0
3. Add Subpart H to read as follows:
Subpart H--Transportation of Immediate Family Members, Baggage,
Household Goods, and Privately Owned Vehicle for Law Enforcement
Assignment
Sec.
303-70.700 When an employee dies as a result of personal injury
sustained while in the performance of the employee's law enforcement
duties, either on official travel duties away from the official
station, or at the current official station, must we provide
transportation for the employee's immediate family, baggage, and
household goods to an alternate residence destination?
303-70.701 What relocation expenses must we authorize for the
immediate family under Sec. 303-70.700?
303-70.702 Must we pay transportation costs to return the deceased
employee's privately owned vehicle (POV) from the temporary duty
(TDY) location or from an official station OCONUS under Sec. 303-
70.700?
Subpart H--Transportation of Immediate Family Members, Baggage,
Household Goods, and Privately Owned Vehicle for Law Enforcement
Assignment
Sec. 303-70.700 When an employee dies as a result of personal injury
sustained while in the performance of the employee's law enforcement
duties, either on official travel duties away from the official
station, or at the current official station, must we provide
transportation for the employee's immediate family, baggage, and
household goods to an alternate residence destination?
Yes, if the head of the agency concerned (or a designee) determines
that the employee died as a result of personal injury sustained while
in the performance of the employee's duties, and the employee was:
(a) A law enforcement officer as defined in 5 U.S.C. 5541;
(b) An employee in or under the Federal Bureau of Investigation who
is not described in paragraph (a); or
(c) A Customs and Border Protection officer as defined in 5 U.S.C.
8331(31).
Sec. 303-70.701 What relocation expenses must we authorize for the
immediate family under Sec. 303-70.700?
If the place where the immediate family will reside is different
from the place where the immediate family resided at the time of the
employee's death, and within the United States, then the agency must
approve the following expenses:
(a) Transportation of the immediate family;
(b) Moving of the household goods of the immediate family,
including transporting, packing, crating, draying, and unpacking, not
to exceed 18,000 pounds net weight;
(c) Storage of household goods moved pursuant to paragraph (b) of
this section, not to exceed 90 days; and
(d) Transportation of one privately owned motor vehicle.
Sec. 303-70.702 Must we pay transportation costs to return the
deceased employee's privately owned vehicle (POV) from the temporary
duty (TDY) location or from an official station OCONUS under Sec. 303-
70.700?
Yes. The agency must pay costs associated with returning the POV
from the following:
(a) TDY location to the employee's permanent official station, if
the agency had authorized the use of the employee's POV at the TDY
location as being advantageous to the Government; or
(b) Official station OCONUS to the employee's former actual
residence or alternate destination as approved by the agency, if the
agency determined that the use of the employee's POV was required
accordance with Chapter 302, Part 302-9 of this title.
[FR Doc. 2011-30022 Filed 11-18-11; 8:45 am]
BILLING CODE 6820-14-P
