Federal Travel Regulation (FTR); Payment of Expenses Connected With the Death of Certain Employees, 66554-66555 [2012-27023]

Download as PDF erowe on DSK6TPTVN1PROD with RULES 66554 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). VerDate Mar<15>2010 14:24 Nov 05, 2012 Jkt 229001 Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 7, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Dated: September 13, 2012. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraphs (c)(411) (i)(B)(4) to read as follows: ■ § 52.220 Identification of plan. * * * * * (c) * * * (411) * * * (i) * * * (B) * * * (4) Rule 4352, ‘‘Solid Fuel Fired Boilers, Steam Generators and Process Heaters,’’ amended on December 15, 2011. * * * * * [FR Doc. 2012–26779 Filed 11–5–12; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 GENERAL SERVICES ADMINISTRATION 41 CFR Part 303–70 [FTR Amendment 2012–07; 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 Office of Government-wide Policy, General Services Administration (GSA). ACTION: Final rule. AGENCY: GSA has adopted as final, an interim rule 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: November 6, 2012. Applicability date: This final rule applies to travel relating to employees who died on or after June 9, 2010. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB), 1275 First Street NE. Washington, DC 20417, (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Rick Miller, Office of Government-wide Policy, Travel and Relocation Policy Division, at (202) 501–3822 or email at rodney.miller@gsa.gov. Please cite FTR Amendment 2012–07, FTR Case 2011– 308. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\06NOR1.SGM 06NOR1 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations General Services the authority to issue 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 FTR, codified in Title 41 of the Code of Federal Regulations, Chapters 300–304 (41 CFR Chapters 300–304). This final 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. Summary of Comments Received GSA received no comments on the interim rule published in the Federal Register on November 21, 2011 (76 FR 71890). erowe on DSK6TPTVN1PROD with RULES C. 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 final 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. D. Regulatory Flexibility Act This final 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 VerDate Mar<15>2010 14:24 Nov 05, 2012 Jkt 229001 substantive. This final 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 final rule is being published to provide transparency in the promulgation of Federal policies. E. 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. F. Small Business Regulatory Enforcement Fairness Act This final 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: October 25, 2012. Dan Tangherlini, Acting Administrator of U.S. General Services. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 41 CFR part 303–70, which was published in the Federal Register at 76 FR 71890 on November 21, 2011, is adopted as a final rule without change. [FR Doc. 2012–27023 Filed 11–5–12; 8:45 am] BILLING CODE 6820–14–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2012–0003] Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 66555 remain qualified for participation in the National Flood Insurance Program (NFIP). The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis.Rodriguez3@fema.dhs.gov. DATES: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. National Environmental Policy Act. This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, SUPPLEMENTARY INFORMATION: E:\FR\FM\06NOR1.SGM 06NOR1

Agencies

[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66554-66555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27023]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 303-70

[FTR Amendment 2012-07; 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 Government-wide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: GSA has adopted as final, an interim rule 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: November 6, 2012.
    Applicability date: This final rule applies to travel relating to 
employees who died on or after June 9, 2010.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB), 
1275 First Street NE. Washington, DC 20417, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Rick Miller, Office of Government-
wide Policy, Travel and Relocation Policy Division, at (202) 501-3822 
or email at rodney.miller@gsa.gov. Please cite FTR Amendment 2012-07, 
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

[[Page 66555]]

General Services the authority to issue 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 FTR, codified in Title 41 of the Code of Federal 
Regulations, Chapters 300-304 (41 CFR Chapters 300-304).
    This final 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. Summary of Comments Received

    GSA received no comments on the interim rule published in the 
Federal Register on November 21, 2011 (76 FR 71890).

C. 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 final 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.

D. Regulatory Flexibility Act

    This final 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 final 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 final rule 
is being published to provide transparency in the promulgation of 
Federal policies.

E. 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.

F. Small Business Regulatory Enforcement Fairness Act

    This final 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: October 25, 2012.
Dan Tangherlini,
Acting Administrator of U.S. General Services.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 41 CFR part 303-70, which 
was published in the Federal Register at 76 FR 71890 on November 21, 
2011, is adopted as a final rule without change.
[FR Doc. 2012-27023 Filed 11-5-12; 8:45 am]
BILLING CODE 6820-14-P