Federal Travel Regulation (FTR); Agency Requirements for Payment of Expenses Connected With the Death of Certain Employees and Family Members, 73104-73109 [2013-28741]
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Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations
Authority: 33 U.S.C. 1412 and 1418.
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
■
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use Compliance With
Administrative Procedure Act
§ 228.15 Dumping sites designated on a
final basis.
This Final Rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866. The Final Rule would only have
the effect of setting maximum annual
disposal volumes and providing a
continuing disposal option for dredged
material. Thus, EPA concluded that this
Final Rule is not likely to have any
adverse energy effects.
9. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. This Final Rule does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
10. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Executive Order 12898 (59 FR 7629)
directs Federal agencies to determine
whether the Final Rule would have a
disproportionate adverse impact on
minority or low-income population
groups within the project area. The
Final Rule would not significantly affect
any low-income or minority population.
List of Subjects in 40 CFR Part 228
Environmental protection, Water
pollution control.
Dated: October 31, 2013.
Ron Curry,
Regional Administrator, Region 6.
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In consideration of the foregoing, EPA
amends part 228, chapter I of title 40 of
the Code of Federal Regulations as
follows:
PART 228—CRITERIA FOR THE
MANAGEMENT OF DISPOSAL SITES
FOR OCEAN DUMPING
1. The authority citation for part 228
continues to read as follows:
■
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2. Section 228.15 is amended by
adding paragraphs (j)(22) through (25) to
read as follows:
*
*
*
*
*
(j) * * *
(22) Sabine-Neches, TX Dredged
Material Site A.
(i) Location: 29°24′47″ N., 93°43′29″
W.; 29°24′47″ N., 93°41′08″ W.;
29°22′48″ N., 93°41′09″ W.; 29°22′49″
N., 93°43′29″ W.; thence to point of
beginning.
(ii) Size: approximately 5.3 square
miles.
(iii) Depth: Ranges from 44 to 46 feet.
(iv) Primary Use: Dredged material.
(v) Period of Use: Continuing use.
(vi) Restrictions: Disposal shall be
limited to dredged material from the
Sabine-Neches 13.2 mile Extension
Channel that complies with EPA’s
Ocean Dumping Regulations. Dredged
material that does not meet the criteria
set forth in 40 CFR part 227 shall not be
placed at the site. Disposal operations
shall be conducted in accordance with
requirements specified in a Site
Management and Monitoring Plan
developed by EPA and USACE, to be
reviewed periodically, at least every 10
years.
(23) Sabine-Neches, TX Dredged
Material Site B.
(i) Location: 29°21′59″ N., 93°43′29″
W.; 29°21′59″ N., 93°41′08″ W.;
29°20′00″ N., 93°41′09″ W.; 29°20′00″
N., 93°43′29″ W.; thence to point of
beginning.
(ii) Size: approximately 5.3 square
miles.
(iii) Depth: Ranges from 44 to 46 feet.
(iv) Primary Use: Dredged material.
(v) Period of Use: Continuing use.
(vi) Restrictions: Disposal shall be
limited to dredged material from the
Sabine-Neches 13.2 mile Extension
Channel that complies with EPA’s
Ocean Dumping Regulations. Dredged
material that does not meet the criteria
set forth in 40 CFR part 227 shall not be
placed at the site. Disposal operations
shall be conducted in accordance with
requirements specified in a Site
Management and Monitoring Plan
developed by EPA and USACE, to be
reviewed periodically, at least every 10
years.
(24) Sabine-Neches, TX Dredged
Material Site C.
(i) Location: 29°19′11″ N., 93°43′29″
W.; 29°19′11″ N, 93°41′09″ W.;
29°17′12″ N., 93°41′09″ W.; 29°17′12″
N., 93°43′29″ W.; thence to point of
beginning.
(ii) Size: approximately 5.3 square
miles.
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(iii) Depth: Ranges from 44 to 46 feet.
(iv) Primary Use: Dredged material.
(v) Period of Use: Continuing use.
(vi) Restrictions: Disposal shall be
limited to dredged material from the
Sabine-Neches 13.2 mile Extension
Channel that complies with EPA’s
Ocean Dumping Regulations. Dredged
material that does not meet the criteria
set forth in 40 CFR part 227 shall not be
placed at the site. Disposal operations
shall be conducted in accordance with
requirements specified in a Site
Management and Monitoring Plan
developed by EPA and USACE, to be
reviewed periodically, at least every 10
years.
(25) Sabine-Neches, TX Dredged
Material Site D.
(i) Location: 29°16′22″ N., 93°43′29″
W.; 29°16′22″ N., 93°41′10″ W.;
29°14′24″ N., 93°44′10″ W.; 29°14′24″
N., 93°43′29″ W.; thence to point of
beginning.
(ii) Size: approximately 5.3 square
miles.
(iii) Depth: Ranges from 44 to 46 feet.
(iv) Primary Use: Dredged material.
(v) Period of Use: Continuing use.
(vi) Restrictions: Disposal shall be
limited to dredged material from the
Sabine-Neches 13.2 mile Extension
Channel that complies with EPA’s
Ocean Dumping Regulations. Dredged
material that does not meet the criteria
set forth in 40 CFR part 227 shall not be
placed at the site. Disposal operations
shall be conducted in accordance with
requirements specified in a Site
Management and Monitoring Plan
developed by EPA and USACE, to be
reviewed periodically, at least every 10
years.
*
*
*
*
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[FR Doc. 2013–28808 Filed 12–4–13; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 303–70
[FTR Amendment 2013–02; FTR Case 2013–
302; Docket Number 2013–0010,
Sequence 1]
RIN 3090–AJ37
Federal Travel Regulation (FTR);
Agency Requirements for Payment of
Expenses Connected With the Death of
Certain Employees and Family
Members
Office of Governmentwide
Policy, U.S. General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
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GSA is amending the Federal
Travel Regulation (FTR) by revising its
policy on agency requirements for
payment of expenses connected with
the death of certain employees and
family members. This final rule
establishes policy and procedures for
relocation of dependents and household
goods of an employee whose death
occurred while away from the official
station on a mandatory mobility
agreement in support of a contingency
operation. This final rule also updates
the FTR to allow transportation of an
employee’s remains to the place of
interment or where the immediate
family is going to reside, and shipment
of a Privately Owned Vehicle (POV)
from the Temporary Duty (TDY) station.
Finally, this final rule reorganizes the
policy to make it easier to understand.
DATES: Effective: This final rule is
effective January 6, 2014.
Applicability date: This final rule as
addressing FTR part 303–70, subparts A
through F, H and I is applicable January
6, 2014. This final rule as addressing
FTR, part 303–70, Subpart G, is
applicable to travel relating to
employees who died on or after January
28, 2008.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Rick
Miller, Office of Governmentwide
Policy, Travel and Relocation Policy
Division at 202–501–3822 or email at
rodney.miller@gsa.gov. Contact the U.S.
General Services Administration,
Regulatory Secretariat Division (MVCB),
1800 F Street NW., Washington, DC
20405–0001, 202–501–4755, for
information pertaining to status or
publication schedules. Please cite FTR
Amendment 2013–02, FTR Case 2013–
302.
SUPPLEMENTARY INFORMATION:
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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, Executive Order
11609, as amended, delegates to the
Administrator of General Services the
authority to issue regulations under 5
U.S.C. 5742(b) relating to the payment
of expenses when an employee dies.
Also, the Presidential Memorandum,
‘‘Delegation Under Section 2(a) of the
Special Agent Samuel Hicks Families of
Fallen Heroes Act,’’ dated September
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12, 2011, and published in the Federal
Register (76 FR 57621), delegates to the
Administrator of 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 110–181, the
National Defense Authorization Act
(NDAA) for Fiscal Year 2008, Section
1103 and codified in 5 U.S.C. 5742, to
allow agencies to provide for relocation
of dependents and household effects of
a employee whose death occurred while
performing official duties outside the
continental United States (OCONUS) or
in transit thereto or therefrom, or for an
employee whose death occurred while
subject to a mandatory mobility
agreement OCONUS and was
supporting an overseas contingency
operation or overseas emergency as
declared by the President. This final
rule allows the agency to relocate the
dependents and household goods to the
covered employee’s former actual
residence or such other place as is
determined by the head of the agency
concerned. The term ‘‘contingency
operation’’ has the meaning given in 10
U.S.C. 101(a)(13), to include a military
operation that:
(A) Is designated by the Secretary of
Defense as an operation in which
members of the armed forces are or may
become involved in military actions,
operations, or hostilities against an
enemy of the United States or against an
opposing military force; or
(B) results in the call or order to, or
retention on, active duty of members of
the uniformed services under section
688, 12301(a), 12302, 12304, 12304a,
12305, or 12406 of this title, chapter 15
of this title, or any other provision of
law during a war or during a national
emergency declared by the President or
Congress.
Pursuant to this authority, this final
rule amends and updates FTR part 303–
70 regarding the authority to relocate
dependents and household goods of an
employee on a service agreement or
mandatory mobility agreement who dies
at or while in transit to or from an
official station OCONUS. This final rule
amends and updates the FTR to clarify
no death-related expenses are
authorized to relocate the immediate
family to another location for an
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73105
employee who dies while at the
permanent official station except when
the employee dies while performing
duties under the provisions of Subparts
F, G, and H of Chapter 303.
This final rule amends and updates
the FTR to allow transportation of the
remains to the place of interment and
shipment of a POV from the TDY
location or from an official station
OCONUS when the agency previously
determined that use of POV was in the
best interest of the Government. This
final rule also amends the household
goods temporary storage timeframe in
Subpart H, and allows the agency to
authorize additional storage not to
exceed a total of 150 days, which is the
same as an employee with relocation
entitlements. This final rule reorganizes
FTR part 303–70 to make it easier to
understand. Finally, this final rule
amends the part heading by adding the
words ‘‘and family members’’.
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 final
rule has not been designated as a
‘‘significant regulatory action’’ and 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 final rule will not have a
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 Administrative Procedure
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.
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
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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 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
Agency requirements for payment of
expenses connected with the death of
certain employees.
Dated: October 25, 2013.
Dan Tangherlini,
Acting Administrator of General Services.
For the reasons set forth in the
Preamble, 41 CFR part 303–70 is revised
to read as set forth below:
PART 303–70—AGENCY
REQUIREMENTS FOR PAYMENT OF
EXPENSES CONNECTED WITH THE
DEATH OF CERTAIN EMPLOYEES
AND FAMILY MEMBERS
Subpart A—General Policies
Sec.
303–70.1 When must we authorize payment
of expenses related to an employee’s
death?
303–70.2 Must we pay death-related
expenses when the employee’s death is
not work-related?
303–70.3 Must we pay death-related
expenses for an employee who dies
while on leave, or who dies on a nonworkday, while on temporary duty
(TDY) or stationed OCONUS?
303–70.4 Must we pay death-related
expenses under this chapter if the same
expenses are payable under other laws of
the United States?
303–70.5 Must we pay death-related
expenses under this chapter to relocate
the immediate family to another location
for an employee who dies while at the
permanent official station?
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Subpart B—Allowances for Preparation and
Transportation of Employee Remains
303–70.100 Must we provide assistance for
preparation and transportation of
employee remains?
303–70.101 What costs must we pay for
preparation and transportation of
employee remains?
303–70.102 Are there any limitations on the
place of interment?
Subpart C—Escort of Employee Remains
303–70.200 Under what circumstances may
we authorize an escort for the remains of
a deceased employee?
303–70.201 How many persons may be
authorized travel expenses to escort the
remains of a deceased employee?
303–70.202 What travel expenses may we
authorize for the escort of a deceased
employee’s remains?
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Subpart D—Allowances for Preparation and
Transportation of the Remains of Immediate
Family Members
303–70.300 When an immediate family
member, residing with the employee,
dies while the employee is stationed
OCONUS, must we furnish mortuary
services?
303–70.301 When an immediate family
member, residing with the employee,
dies while the employee is stationed
OCONUS, must we pay expenses to
transport the remains?
303–70.302 When an immediate family
member, residing with the employee,
dies while the employee is stationed
OCONUS, may we pay interment
expenses?
303–70.303 When an immediate family
member, residing with the employee,
dies while in transit to or from the
employee’s duty station OCONUS, must
we furnish mortuary services and/or
transportation of the remains?
Subpart E—Transportation of Employee’s
Baggage and Privately Owned Vehicles
(POV) From Official Temporary Duty (TDY)
Station
303–70.400 Must we pay transportation
costs to return the deceased employee’s
baggage from an official TDY location?
303–70.401 Are there any limitations on the
baggage we must transport from an
official TDY location?
303–70.402 Must we pay transportation
costs to return the deceased employee’s
POV from the TDY location?
Subpart F—Transportation of Immediate
Family Members, Baggage, Household
Goods, and Privately Owned Vehicles (POV)
303–70.500 When the employee, on a
service agreement or a mandatory
mobility agreement, dies at or while in
transit to or from his/her official station
OCONUS, must we return the
employee’s immediate family, baggage,
POV, and household goods to the former
actual residence, new official station in
CONUS, or alternate destination?
303–70.501 Must we continue payment of
relocation expenses for an employee’s
immediate family if the employee dies
while in transit from a OCONUS official
station to his/her new official station
within CONUS?
303–70.502 Must we continue payment of
relocation expenses for an employee’s
immediate family if the employee dies
after reporting to the new official station
within CONUS, but the family was in
transit to the new official station or had
not begun its en route travel?
303–70.503 What relocation expenses must
we authorize for the immediate family
under §§ 303–70.501 and 303–70.502?
Subpart G—Transportation of Immediate
Family Members, Baggage, Household
Goods, and Privately Owned Vehicles (POV)
for Employees Assigned to Contingency
Operation or an Operation in Response to
an Emergency Declared by the President
303–70.600 When an employee dies while
performing official travel duties directly
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supporting or directly relating to a
contingency operation or an operation in
response to an emergency declared by
the President, must we provide
transportation for the employee’s
immediate family, baggage, and
household goods from the current
official station to the former actual
residence or an alternate destination?
303–70.601 What relocation expenses must
we authorize for the immediate family
under § 303–70.600?
303–70.602 Must we pay transportation
costs to return the deceased employee’s
POV from the TDY location or from a
official station OCONUS for deceased
employees under § 303–70.600?
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 a alternate
residential 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 a
official station OCONUS under § 303–
70.700?
Subpart I—Policies and Procedures for
Payment of Expenses
303–70.800 Are receipts required for claims
for reimbursement under this part?
303–70.801 To whom should we make
payment?
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.’’
Subpart A—General Policies
§ 303–70.1 When must we authorize
payment of expenses related to an
employee’s death?
You must authorize payment of
expenses when, at the time of death, the
employee was:
(a) On official travel status (away from
the official station); or
(b) Performing official duties
OCONUS or in transit to or there from;
or
(c) Reassigned away from his/her
actual place of residence under a
mandatory mobility agreement; or
(d) In direct support of or directly
related to a military operation,
including a contingency operation, or an
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operation in response to an emergency
declared by the President as provided in
§ 303–70.600; or
(e) Performing official duties as
determined by the head of agency and
be a covered employee as provided in
§ 303–70.700.
§ 303–70.2 Must we pay death-related
expenses when the employee’s death is not
work-related?
Yes, provided the requirements in
§ 303–70.1 are met.
§ 303–70.3 Must we pay death-related
expenses for an employee who dies when
on leave, or who dies on a non-workday,
while on temporary duty (TDY) or stationed
OCONUS?
Yes, provided the requirements in
§ 303–70.1 are met. However, payment
cannot exceed the amount allowed if
death had occurred while on duty at the
TDY station or at the official station
OCONUS.
§ 303–70.4 Must we pay death-related
expenses under this Chapter if the same
expenses are payable under other laws of
the United States?
No. When an employee dies from
injuries sustained while performing
official duty, certain death-related
expenses are payable under the Federal
Employees’ Compensation Act (FECA),
5 U.S.C. 8134. For further information
contact the: Department of Labor,
Division of Federal Employees’
Compensation, 200 Constitution Avenue
NW., Washington, DC 20210.
§ 303–70.5 Must we pay death-related
expenses under this Chapter to relocate the
immediate family to another location for an
employee who dies while at the permanent
official station?
No, except when the employee dies
while performing duties under the
provisions of Subparts F, G, and H of
this Chapter.
Subpart B—Allowances for
Preparation and Transportation of
Employee Remains
§ 303–70.100 Must we provide assistance
for preparation and transportation of
employee remains?
Yes, in accordance with §§ 303–
70.101 and 303–70.102.
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§ 303–70.101 What costs must we pay for
preparation and transportation of employee
remains?
You must pay all actual costs
including but not limited to:
(a) Preparation of remains, including:
(1) Embalming or cremation;
(2) Necessary clothing;
(3) A casket or container suitable for
shipment to place of interment; and
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(4) Expenses necessary to comply
with local laws at the port of entry in
the United States; and
(b) Transportation of remains by
common carrier (that is normally used
for transportation of remains), hearse,
other means, or a combination thereof,
from the TDY station, OCONUS
location, or CONUS location covered by
§ 303–70.1(e), to the employee’s
residence, official station, or place of
interment, including but not limited to:
(1) Movement from place of death to
a mortuary and/or cemetery;
(2) Shipping permits;
(3) Outside case for shipment and
sealing of the case if necessary;
(4) Removal to and from the common
carrier; and
(5) Ferry fares, bridge tolls, and
similar charges.
Note to § 303–70.101: Costs for an outside
case are not authorized for transportation by
hearse. Costs for transportation by hearse or
other means cannot exceed the cost of
common carrier (that is normally used for
transportation of remains).
§ 303–70.102 Are there any limitations on
the place of interment?
No. You may pay expenses to
transport the remains for interment at
the actual residence, the official station,
or such other place appropriate for
interment as determined by the head of
your agency.
Subpart C—Escort of Employee
Remains
§ 303–70.200 Under what circumstances
may we authorize an escort for the remains
of a deceased employee?
You may authorize the escort of
remains when the employee’s death
occurs:
(a) While in official travel status away
from the official station inside CONUS;
(b) While assigned to official duties
OCONUS or in transit thereto or
therefrom; or
(c) While reassigned away from actual
place of residence under a mandatory
mobility agreement.
§ 303–70.201 How many persons may be
authorized travel expenses to escort the
remains of a deceased employee?
You may authorize travel expenses for
no more than two persons.
§ 303–70.202 What travel expenses may
we authorize for the escort of a deceased
employee’s remains?
You may authorize any travel
expenses in accordance with Chapter
301 of this Title that are necessary for
the escort of remains to:
(a) The home or official station of the
deceased; or
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(b) Any other place appropriate for
interment as determined by the head of
your agency.
Subpart D—Allowances for
Preparation and Transportation of the
Remains of Immediate Family
Members
§ 303–70.300 When an immediate family
member, residing with the employee, dies
while the employee is stationed OCONUS,
must we furnish mortuary services?
Yes, if requested by the employee and
when:
(a) Local commercial mortuary
facilities or supplies are not available; or
(b) The cost of available mortuary
facilities or supplies is prohibitive as
determined by your agency head.
Note to § 303–70.300: The employee must
reimburse you for all furnished mortuary
facilities and supplies.
§ 303–70.301 When an immediate family
member, residing with the employee, dies
while the employee is stationed OCONUS,
must we pay expenses to transport the
remains?
Yes, if requested by the employee,
you must pay to transport the remains
to the residence of the immediate family
member. The employee may elect an
alternate destination, but it must be
approved by your agency head or his/
her designated representative.
§ 303–70.302 When an immediate family
member, residing with the employee, dies
while the employee is stationed OCONUS,
may we pay interment expenses?
No. You may not pay interment
expenses when an immediate family
member, residing with the employee,
dies while the employee is stationed
OCONUS.
§ 303–70.303 When a immediate family
member, residing with the employee, dies
while in transit to or from the employee’s
duty station OCONUS, must we furnish
mortuary services and/or transportation of
the remains?
Yes, you must furnish transportation
if requested by the employee. You must
follow the guidelines in § 303–70.301
for transportation expenses. You must
furnish mortuary services only if the
conditions in § 303–70.300 are met.
Subpart E—Transportation of
Employee’s Baggage and Privately
Owned Vehicles (POV) From Official
Temporary Duty (TDY) Station
§ 303–70.400 Must we pay transportation
costs to return the deceased employee’s
baggage from an official TDY station?
Yes, you must pay transportation
costs to return the deceased employee’s
baggage to his/her official station or
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residence. However, you may not pay
insurance of, or reimbursement for, loss
or damage to baggage.
§ 303–70.401 Are there any limitations on
the baggage we must transport from an
official TDY location?
Yes. You must only transport
Government property and the
employee’s personal property, including
professional books, papers, and
equipment (PBP&E).
§ 303–70.402 Must we pay transportation
costs to return the deceased employee’s
POV from the TDY location?
Yes. You must pay costs associated
with returning the POV from the TDY
location to the employee’s permanent
official station, but only if the agency
had authorized the use of the
employee’s POV at the TDY location as
more advantageous to the Government
than other means of transportation.
Subpart F—Transportation of
Immediate Family Members, Baggage,
Household Goods, and Privately
Owned Vehicles (POV)
§ 303–70.500 When the employee, on a
service agreement or a mandatory mobility
agreement, dies at or while in transit to or
from his/her official station OCONUS, must
we return the employee’s immediate family,
baggage, POV, and household goods to the
former actual residence, new official station
in CONUS, or alternate destination?
Yes. Travel and transportation must
begin within one year from the date of
the employee’s death. A one-year
extension may be granted if requested
by the family prior to the expiration of
the one-year limit. The agency head or
designated representative may approve
the immediate family’s relocation to one
of the following:
(a) The place of the employee’s former
residence at the time of assignment to
duty OCONUS; or
(b) The new CONUS location if in
transit; or
(c) An alternate destination as
approved by the agency.
§ 303–70.502 Must we continue payment of
relocation expenses for an employee’s
immediate family if the employee dies after
reporting to the new official station within
CONUS, but the family was in transit to the
new official station or had not begun its en
route travel?
Yes, if the immediate family chooses
to continue the relocation, you must
continue payment of relocation
expenses for the immediate family,
provided the immediate family was
included on the employee’s relocation
travel orders. (See § 303–70.503.)
§ 303–70.503 What relocation expenses
must we authorize for the immediate family
under §§ 303–70.501 and 303–70.502?
When the immediate family chooses
to continue the relocation, the following
expenses must be authorized:
(a) Travel to the new duty station or
alternate destination as approved by the
agency.
(b) Shipment of household goods not
to exceed 18,000 pounds net weight to
the new duty station, or to an alternate
destination selected by the immediate
family and approved by the agency.
(c) Storage of household goods not to
exceed 60 days with a additional 90
days extension, if approved by the
agency, not to exceed a total of 150
days.
(d) Reimbursement of real estate
expenses incident to the relocation,
unless relocation is to the former actual
residence.
(e) Temporary quarters subsistence
expense (TQSE) not to exceed 60 days,
to be paid at the per diem rate for an
unaccompanied spouse or domestic
partner, and immediate family, if the
TQSE was originally authorized in the
relocation travel orders.
(f) Shipment of one POV to the new
duty station, or to an alternate
destination selected by the immediate
family and approved by the agency, if
the POV shipment was originally
authorized in the relocation travel
orders.
ehiers on DSK2VPTVN1PROD with RULES
§ 303–70.501 Must we continue payment of
relocation expenses for an employee’s
immediate family if the employee dies while
in transit from a OCONUS official station to
his/her new official station within CONUS?
13:56 Dec 04, 2013
Jkt 232001
PO 00000
§ 303–70.600 When an employee dies
while performing official travel duties
directly supporting or directly relating to a
contingency operation or an operation in
response to an emergency declared by the
President, must we provide transportation
for the employee’s immediate family,
baggage, and household goods from the
current official station to the former actual
residence or an alternate destination?
Yes. However, the employee must
have died as a result of disease or injury
incurred while performing official
duties:
(a) In an overseas location where the
employee was performing such official
duties;
(b) Within the area of responsibility of
the Commander of the United States
Central Command; and
(c) In direct support of or directly
related to a military operation,
including a contingency operation (as
defined in 10 U.S.C. 101(a)(13)) or an
operation in response to an emergency
declared by the President.
§ 303–70.601 What relocation expenses
must we authorize for the immediate family
under § 303–70.600?
When the immediate family selects to
relocate to the former actual residence
or alternate destination as approved by
the agency, you must authorize the
following expenses:
(a) Transportation of the immediate
family;
(b) Transportation of household goods
of the immediate family, including
transporting, packing, crating, draying,
and unpacking, not to exceed 18,000
pounds net weight; and
(c) Storage of household goods moved
pursuant to subparagraph (b) of this
section, not to exceed 60 days with an
additional 90 days extension, if
approved by the agency, not to exceed
a total of 150 days.
§ 303–70.602 Must we pay transportation
costs to return the deceased employee’s
POV from the TDY location or from an
official station OCONUS under § 303–
70.600?
Yes. You 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
more advantageous to the Government
than other means of transportation; or
Yes, if the immediate family chooses
to continue the relocation, you must
continue payment of relocation
expenses for the immediate family,
provided the immediate family was
included on the employee’s relocation
travel orders. (See § 303–70.503.)
VerDate Mar<15>2010
Subpart G—Transportation of
Immediate Family Members, Baggage,
Household Goods, and Privately
Owned Vehicles (POV) for Employees
Assigned to Contingency Operation or
an Operation in Response to an
Emergency Declared by the President
Frm 00030
Fmt 4700
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Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations
(b) Official station OCONUS to the
employee’s former actual residence or
alternate destination as approved by the
agency, if the agency had determined
that the use of the employee’s POV was
required in accordance with part 302–9
of this Title.
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 a alternate residential 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).
ehiers on DSK2VPTVN1PROD with RULES
§ 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,
then the agency must approve the
following expenses:
(a) Transportation of the immediate
family;
(b) Moving 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 60 days with an additional
90 days extension, if approved by the
agency, not to exceed a total of 150
days; and
(d) Transportation of one privately
owned motor vehicle.
VerDate Mar<15>2010
13:56 Dec 04, 2013
Jkt 232001
§ 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 cost
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 in accordance with part 302–9
of this Title.
Subpart I—Policies and Procedures for
Payment of Expenses
§ 303–70.800 Are receipts required for
claims for reimbursement under this part?
Yes. Receipts are required for claims
for reimbursement under this part.
§ 303–70.801
payment?
To whom should we make
You should:
(a) Pay the person performing the
service; or
(b) Reimburse the person who made
the original payment.
[FR Doc. 2013–28741 Filed 12–4–13; 8:45 am]
BILLING CODE 6820–14–P
FEDERAL COMMUNICATIONS
COMMISSION
[MB Docket No. 13–156; DA 13–2104]
Radio Broadcasting Services;
Benjamin and Cisco, TX; De Beque,
CO; Port Lions, AK; Rule and
Shamrock, TX
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission amends the
Table of FM Allotments by removing
Channel 221C0 at Port Lions, Alaska;
Channel 247C3 at De Beque, Colorado;
Channel 237C3 at Benjamin, Texas;
Channel 261C3 at Cisco, Texas; Channel
288C2 at Rule, Texas; and Channel
225C2 at Shamrock, Texas. These vacant
allotments have been offered in two or
more FM auctions. No bids were entered
for these allotments in Auction 94. It is
Commission’s policy not to delete an
FM allotment where a bona fide
SUMMARY:
Frm 00031
Fmt 4700
expression of interest exists, absent a
compelling reason to do so.
Accordingly, we are deleting these six
vacant allotments because no bona fide
expressions of interests were filed.
DATES: Effective December 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, MB Docket No. 13–156,
adopted October 31, 2013, and released
November 1, 2013. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the Commission’s
Reference Center 445 12th Street SW.,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street SW.,
Room CY–B402, Washington, DC 20054,
telephone 1–800–378–3160 or
www.BCPIWEB.com. The Commission
will send a copy of the Report and
Order in a report to be sent to Congress
and the General Accounting Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A). This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
47 CFR Part 73
PO 00000
73109
Sfmt 4700
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
As stated in the preamble, the Federal
Communications Commission amends
47 CFR Part 73 as follows:
PART 73—RADIO BROADCASTING
SERVICES
1. The authority citation for Part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments, is amended by:
■ a. Under Alaska, removing Port Lions,
Channel 221C0.
■ b. Under Colorado, removing De
Beque, Channel 247C3.
■
E:\FR\FM\05DER1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 234 (Thursday, December 5, 2013)]
[Rules and Regulations]
[Pages 73104-73109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28741]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 303-70
[FTR Amendment 2013-02; FTR Case 2013-302; Docket Number 2013-0010,
Sequence 1]
RIN 3090-AJ37
Federal Travel Regulation (FTR); Agency Requirements for Payment
of Expenses Connected With the Death of Certain Employees and Family
Members
AGENCY: Office of Governmentwide Policy, U.S. General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 73105]]
SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by
revising its policy on agency requirements for payment of expenses
connected with the death of certain employees and family members. This
final rule establishes policy and procedures for relocation of
dependents and household goods of an employee whose death occurred
while away from the official station on a mandatory mobility agreement
in support of a contingency operation. This final rule also updates the
FTR to allow transportation of an employee's remains to the place of
interment or where the immediate family is going to reside, and
shipment of a Privately Owned Vehicle (POV) from the Temporary Duty
(TDY) station. Finally, this final rule reorganizes the policy to make
it easier to understand.
DATES: Effective: This final rule is effective January 6, 2014.
Applicability date: This final rule as addressing FTR part 303-70,
subparts A through F, H and I is applicable January 6, 2014. This final
rule as addressing FTR, part 303-70, Subpart G, is applicable to travel
relating to employees who died on or after January 28, 2008.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Rick Miller, Office of Governmentwide Policy, Travel and Relocation
Policy Division at 202-501-3822 or email at rodney.miller@gsa.gov.
Contact the U.S. General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405-
0001, 202-501-4755, for information pertaining to status or publication
schedules. Please cite FTR Amendment 2013-02, FTR Case 2013-302.
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, Executive
Order 11609, as amended, delegates to the Administrator of General
Services the authority to issue regulations under 5 U.S.C. 5742(b)
relating to the payment of expenses when an employee dies.
Also, the Presidential Memorandum, ``Delegation Under Section 2(a)
of the Special Agent Samuel Hicks Families of Fallen Heroes Act,''
dated September 12, 2011, and published in the Federal Register (76 FR
57621), delegates to the Administrator of 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 110-181,
the National Defense Authorization Act (NDAA) for Fiscal Year 2008,
Section 1103 and codified in 5 U.S.C. 5742, to allow agencies to
provide for relocation of dependents and household effects of a
employee whose death occurred while performing official duties outside
the continental United States (OCONUS) or in transit thereto or
therefrom, or for an employee whose death occurred while subject to a
mandatory mobility agreement OCONUS and was supporting an overseas
contingency operation or overseas emergency as declared by the
President. This final rule allows the agency to relocate the dependents
and household goods to the covered employee's former actual residence
or such other place as is determined by the head of the agency
concerned. The term ``contingency operation'' has the meaning given in
10 U.S.C. 101(a)(13), to include a military operation that:
(A) Is designated by the Secretary of Defense as an operation in
which members of the armed forces are or may become involved in
military actions, operations, or hostilities against an enemy of the
United States or against an opposing military force; or
(B) results in the call or order to, or retention on, active duty
of members of the uniformed services under section 688, 12301(a),
12302, 12304, 12304a, 12305, or 12406 of this title, chapter 15 of this
title, or any other provision of law during a war or during a national
emergency declared by the President or Congress.
Pursuant to this authority, this final rule amends and updates FTR
part 303-70 regarding the authority to relocate dependents and
household goods of an employee on a service agreement or mandatory
mobility agreement who dies at or while in transit to or from an
official station OCONUS. This final rule amends and updates the FTR to
clarify no death-related expenses are authorized to relocate the
immediate family to another location for an employee who dies while at
the permanent official station except when the employee dies while
performing duties under the provisions of Subparts F, G, and H of
Chapter 303.
This final rule amends and updates the FTR to allow transportation
of the remains to the place of interment and shipment of a POV from the
TDY location or from an official station OCONUS when the agency
previously determined that use of POV was in the best interest of the
Government. This final rule also amends the household goods temporary
storage timeframe in Subpart H, and allows the agency to authorize
additional storage not to exceed a total of 150 days, which is the same
as an employee with relocation entitlements. This final rule
reorganizes FTR part 303-70 to make it easier to understand. Finally,
this final rule amends the part heading by adding the words ``and
family members''.
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 final rule has not been designated as a ``significant
regulatory action'' and 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 final rule will not have a 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 Administrative Procedure 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.
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
[[Page 73106]]
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 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
Agency requirements for payment of expenses connected with the
death of certain employees.
Dated: October 25, 2013.
Dan Tangherlini,
Acting Administrator of General Services.
For the reasons set forth in the Preamble, 41 CFR part 303-70 is
revised to read as set forth below:
PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED
WITH THE DEATH OF CERTAIN EMPLOYEES AND FAMILY MEMBERS
Subpart A--General Policies
Sec.
303-70.1 When must we authorize payment of expenses related to an
employee's death?
303-70.2 Must we pay death-related expenses when the employee's
death is not work-related?
303-70.3 Must we pay death-related expenses for an employee who dies
while on leave, or who dies on a non-workday, while on temporary
duty (TDY) or stationed OCONUS?
303-70.4 Must we pay death-related expenses under this chapter if
the same expenses are payable under other laws of the United States?
303-70.5 Must we pay death-related expenses under this chapter to
relocate the immediate family to another location for an employee
who dies while at the permanent official station?
Subpart B--Allowances for Preparation and Transportation of Employee
Remains
303-70.100 Must we provide assistance for preparation and
transportation of employee remains?
303-70.101 What costs must we pay for preparation and transportation
of employee remains?
303-70.102 Are there any limitations on the place of interment?
Subpart C--Escort of Employee Remains
303-70.200 Under what circumstances may we authorize an escort for
the remains of a deceased employee?
303-70.201 How many persons may be authorized travel expenses to
escort the remains of a deceased employee?
303-70.202 What travel expenses may we authorize for the escort of a
deceased employee's remains?
Subpart D--Allowances for Preparation and Transportation of the Remains
of Immediate Family Members
303-70.300 When an immediate family member, residing with the
employee, dies while the employee is stationed OCONUS, must we
furnish mortuary services?
303-70.301 When an immediate family member, residing with the
employee, dies while the employee is stationed OCONUS, must we pay
expenses to transport the remains?
303-70.302 When an immediate family member, residing with the
employee, dies while the employee is stationed OCONUS, may we pay
interment expenses?
303-70.303 When an immediate family member, residing with the
employee, dies while in transit to or from the employee's duty
station OCONUS, must we furnish mortuary services and/or
transportation of the remains?
Subpart E--Transportation of Employee's Baggage and Privately Owned
Vehicles (POV) From Official Temporary Duty (TDY) Station
303-70.400 Must we pay transportation costs to return the deceased
employee's baggage from an official TDY location?
303-70.401 Are there any limitations on the baggage we must
transport from an official TDY location?
303-70.402 Must we pay transportation costs to return the deceased
employee's POV from the TDY location?
Subpart F--Transportation of Immediate Family Members, Baggage,
Household Goods, and Privately Owned Vehicles (POV)
303-70.500 When the employee, on a service agreement or a mandatory
mobility agreement, dies at or while in transit to or from his/her
official station OCONUS, must we return the employee's immediate
family, baggage, POV, and household goods to the former actual
residence, new official station in CONUS, or alternate destination?
303-70.501 Must we continue payment of relocation expenses for an
employee's immediate family if the employee dies while in transit
from a OCONUS official station to his/her new official station
within CONUS?
303-70.502 Must we continue payment of relocation expenses for an
employee's immediate family if the employee dies after reporting to
the new official station within CONUS, but the family was in transit
to the new official station or had not begun its en route travel?
303-70.503 What relocation expenses must we authorize for the
immediate family under Sec. Sec. 303-70.501 and 303-70.502?
Subpart G--Transportation of Immediate Family Members, Baggage,
Household Goods, and Privately Owned Vehicles (POV) for Employees
Assigned to Contingency Operation or an Operation in Response to an
Emergency Declared by the President
303-70.600 When an employee dies while performing official travel
duties directly supporting or directly relating to a contingency
operation or an operation in response to an emergency declared by
the President, must we provide transportation for the employee's
immediate family, baggage, and household goods from the current
official station to the former actual residence or an alternate
destination?
303-70.601 What relocation expenses must we authorize for the
immediate family under Sec. 303-70.600?
303-70.602 Must we pay transportation costs to return the deceased
employee's POV from the TDY location or from a official station
OCONUS for deceased employees under Sec. 303-70.600?
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 a alternate residential 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 a official station OCONUS under Sec. 303-
70.700?
Subpart I--Policies and Procedures for Payment of Expenses
303-70.800 Are receipts required for claims for reimbursement under
this part?
303-70.801 To whom should we make payment?
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.''
Subpart A--General Policies
Sec. 303-70.1 When must we authorize payment of expenses related to
an employee's death?
You must authorize payment of expenses when, at the time of death,
the employee was:
(a) On official travel status (away from the official station); or
(b) Performing official duties OCONUS or in transit to or there
from; or
(c) Reassigned away from his/her actual place of residence under a
mandatory mobility agreement; or
(d) In direct support of or directly related to a military
operation, including a contingency operation, or an
[[Page 73107]]
operation in response to an emergency declared by the President as
provided in Sec. 303-70.600; or
(e) Performing official duties as determined by the head of agency
and be a covered employee as provided in Sec. 303-70.700.
Sec. 303-70.2 Must we pay death-related expenses when the employee's
death is not work-related?
Yes, provided the requirements in Sec. 303-70.1 are met.
Sec. 303-70.3 Must we pay death-related expenses for an employee who
dies when on leave, or who dies on a non-workday, while on temporary
duty (TDY) or stationed OCONUS?
Yes, provided the requirements in Sec. 303-70.1 are met. However,
payment cannot exceed the amount allowed if death had occurred while on
duty at the TDY station or at the official station OCONUS.
Sec. 303-70.4 Must we pay death-related expenses under this Chapter
if the same expenses are payable under other laws of the United States?
No. When an employee dies from injuries sustained while performing
official duty, certain death-related expenses are payable under the
Federal Employees' Compensation Act (FECA), 5 U.S.C. 8134. For further
information contact the: Department of Labor, Division of Federal
Employees' Compensation, 200 Constitution Avenue NW., Washington, DC
20210.
Sec. 303-70.5 Must we pay death-related expenses under this Chapter
to relocate the immediate family to another location for an employee
who dies while at the permanent official station?
No, except when the employee dies while performing duties under the
provisions of Subparts F, G, and H of this Chapter.
Subpart B--Allowances for Preparation and Transportation of
Employee Remains
Sec. 303-70.100 Must we provide assistance for preparation and
transportation of employee remains?
Yes, in accordance with Sec. Sec. 303-70.101 and 303-70.102.
Sec. 303-70.101 What costs must we pay for preparation and
transportation of employee remains?
You must pay all actual costs including but not limited to:
(a) Preparation of remains, including:
(1) Embalming or cremation;
(2) Necessary clothing;
(3) A casket or container suitable for shipment to place of
interment; and
(4) Expenses necessary to comply with local laws at the port of
entry in the United States; and
(b) Transportation of remains by common carrier (that is normally
used for transportation of remains), hearse, other means, or a
combination thereof, from the TDY station, OCONUS location, or CONUS
location covered by Sec. 303-70.1(e), to the employee's residence,
official station, or place of interment, including but not limited to:
(1) Movement from place of death to a mortuary and/or cemetery;
(2) Shipping permits;
(3) Outside case for shipment and sealing of the case if necessary;
(4) Removal to and from the common carrier; and
(5) Ferry fares, bridge tolls, and similar charges.
Note to Sec. 303-70.101: Costs for an outside case are not
authorized for transportation by hearse. Costs for transportation by
hearse or other means cannot exceed the cost of common carrier (that
is normally used for transportation of remains).
Sec. 303-70.102 Are there any limitations on the place of interment?
No. You may pay expenses to transport the remains for interment at
the actual residence, the official station, or such other place
appropriate for interment as determined by the head of your agency.
Subpart C--Escort of Employee Remains
Sec. 303-70.200 Under what circumstances may we authorize an escort
for the remains of a deceased employee?
You may authorize the escort of remains when the employee's death
occurs:
(a) While in official travel status away from the official station
inside CONUS;
(b) While assigned to official duties OCONUS or in transit thereto
or therefrom; or
(c) While reassigned away from actual place of residence under a
mandatory mobility agreement.
Sec. 303-70.201 How many persons may be authorized travel expenses to
escort the remains of a deceased employee?
You may authorize travel expenses for no more than two persons.
Sec. 303-70.202 What travel expenses may we authorize for the escort
of a deceased employee's remains?
You may authorize any travel expenses in accordance with Chapter
301 of this Title that are necessary for the escort of remains to:
(a) The home or official station of the deceased; or
(b) Any other place appropriate for interment as determined by the
head of your agency.
Subpart D--Allowances for Preparation and Transportation of the
Remains of Immediate Family Members
Sec. 303-70.300 When an immediate family member, residing with the
employee, dies while the employee is stationed OCONUS, must we furnish
mortuary services?
Yes, if requested by the employee and when:
(a) Local commercial mortuary facilities or supplies are not
available; or
(b) The cost of available mortuary facilities or supplies is
prohibitive as determined by your agency head.
Note to Sec. 303-70.300: The employee must reimburse you for
all furnished mortuary facilities and supplies.
Sec. 303-70.301 When an immediate family member, residing with the
employee, dies while the employee is stationed OCONUS, must we pay
expenses to transport the remains?
Yes, if requested by the employee, you must pay to transport the
remains to the residence of the immediate family member. The employee
may elect an alternate destination, but it must be approved by your
agency head or his/her designated representative.
Sec. 303-70.302 When an immediate family member, residing with the
employee, dies while the employee is stationed OCONUS, may we pay
interment expenses?
No. You may not pay interment expenses when an immediate family
member, residing with the employee, dies while the employee is
stationed OCONUS.
Sec. 303-70.303 When a immediate family member, residing with the
employee, dies while in transit to or from the employee's duty station
OCONUS, must we furnish mortuary services and/or transportation of the
remains?
Yes, you must furnish transportation if requested by the employee.
You must follow the guidelines in Sec. 303-70.301 for transportation
expenses. You must furnish mortuary services only if the conditions in
Sec. 303-70.300 are met.
Subpart E--Transportation of Employee's Baggage and Privately Owned
Vehicles (POV) From Official Temporary Duty (TDY) Station
Sec. 303-70.400 Must we pay transportation costs to return the
deceased employee's baggage from an official TDY station?
Yes, you must pay transportation costs to return the deceased
employee's baggage to his/her official station or
[[Page 73108]]
residence. However, you may not pay insurance of, or reimbursement for,
loss or damage to baggage.
Sec. 303-70.401 Are there any limitations on the baggage we must
transport from an official TDY location?
Yes. You must only transport Government property and the employee's
personal property, including professional books, papers, and equipment
(PBP&E).
Sec. 303-70.402 Must we pay transportation costs to return the
deceased employee's POV from the TDY location?
Yes. You must pay costs associated with returning the POV from the
TDY location to the employee's permanent official station, but only if
the agency had authorized the use of the employee's POV at the TDY
location as more advantageous to the Government than other means of
transportation.
Subpart F--Transportation of Immediate Family Members, Baggage,
Household Goods, and Privately Owned Vehicles (POV)
Sec. 303-70.500 When the employee, on a service agreement or a
mandatory mobility agreement, dies at or while in transit to or from
his/her official station OCONUS, must we return the employee's
immediate family, baggage, POV, and household goods to the former
actual residence, new official station in CONUS, or alternate
destination?
Yes. Travel and transportation must begin within one year from the
date of the employee's death. A one-year extension may be granted if
requested by the family prior to the expiration of the one-year limit.
The agency head or designated representative may approve the immediate
family's relocation to one of the following:
(a) The place of the employee's former residence at the time of
assignment to duty OCONUS; or
(b) The new CONUS location if in transit; or
(c) An alternate destination as approved by the agency.
Sec. 303-70.501 Must we continue payment of relocation expenses for
an employee's immediate family if the employee dies while in transit
from a OCONUS official station to his/her new official station within
CONUS?
Yes, if the immediate family chooses to continue the relocation,
you must continue payment of relocation expenses for the immediate
family, provided the immediate family was included on the employee's
relocation travel orders. (See Sec. 303-70.503.)
Sec. 303-70.502 Must we continue payment of relocation expenses for
an employee's immediate family if the employee dies after reporting to
the new official station within CONUS, but the family was in transit to
the new official station or had not begun its en route travel?
Yes, if the immediate family chooses to continue the relocation,
you must continue payment of relocation expenses for the immediate
family, provided the immediate family was included on the employee's
relocation travel orders. (See Sec. 303-70.503.)
Sec. 303-70.503 What relocation expenses must we authorize for the
immediate family under Sec. Sec. 303-70.501 and 303-70.502?
When the immediate family chooses to continue the relocation, the
following expenses must be authorized:
(a) Travel to the new duty station or alternate destination as
approved by the agency.
(b) Shipment of household goods not to exceed 18,000 pounds net
weight to the new duty station, or to an alternate destination selected
by the immediate family and approved by the agency.
(c) Storage of household goods not to exceed 60 days with a
additional 90 days extension, if approved by the agency, not to exceed
a total of 150 days.
(d) Reimbursement of real estate expenses incident to the
relocation, unless relocation is to the former actual residence.
(e) Temporary quarters subsistence expense (TQSE) not to exceed 60
days, to be paid at the per diem rate for an unaccompanied spouse or
domestic partner, and immediate family, if the TQSE was originally
authorized in the relocation travel orders.
(f) Shipment of one POV to the new duty station, or to an alternate
destination selected by the immediate family and approved by the
agency, if the POV shipment was originally authorized in the relocation
travel orders.
Subpart G--Transportation of Immediate Family Members, Baggage,
Household Goods, and Privately Owned Vehicles (POV) for Employees
Assigned to Contingency Operation or an Operation in Response to an
Emergency Declared by the President
Sec. 303-70.600 When an employee dies while performing official
travel duties directly supporting or directly relating to a contingency
operation or an operation in response to an emergency declared by the
President, must we provide transportation for the employee's immediate
family, baggage, and household goods from the current official station
to the former actual residence or an alternate destination?
Yes. However, the employee must have died as a result of disease or
injury incurred while performing official duties:
(a) In an overseas location where the employee was performing such
official duties;
(b) Within the area of responsibility of the Commander of the
United States Central Command; and
(c) In direct support of or directly related to a military
operation, including a contingency operation (as defined in 10 U.S.C.
101(a)(13)) or an operation in response to an emergency declared by the
President.
Sec. 303-70.601 What relocation expenses must we authorize for the
immediate family under Sec. 303-70.600?
When the immediate family selects to relocate to the former actual
residence or alternate destination as approved by the agency, you must
authorize the following expenses:
(a) Transportation of the immediate family;
(b) Transportation of household goods of the immediate family,
including transporting, packing, crating, draying, and unpacking, not
to exceed 18,000 pounds net weight; and
(c) Storage of household goods moved pursuant to subparagraph (b)
of this section, not to exceed 60 days with an additional 90 days
extension, if approved by the agency, not to exceed a total of 150
days.
Sec. 303-70.602 Must we pay transportation costs to return the
deceased employee's POV from the TDY location or from an official
station OCONUS under Sec. 303-70.600?
Yes. You 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 more advantageous to the Government than other means of
transportation; or
[[Page 73109]]
(b) Official station OCONUS to the employee's former actual
residence or alternate destination as approved by the agency, if the
agency had determined that the use of the employee's POV was required
in accordance with part 302-9 of this Title.
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 a alternate residential 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 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 60 days with an additional 90 days
extension, if approved by the agency, not to exceed a total of 150
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 cost 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 in
accordance with part 302-9 of this Title.
Subpart I--Policies and Procedures for Payment of Expenses
Sec. 303-70.800 Are receipts required for claims for reimbursement
under this part?
Yes. Receipts are required for claims for reimbursement under this
part.
Sec. 303-70.801 To whom should we make payment?
You should:
(a) Pay the person performing the service; or
(b) Reimburse the person who made the original payment.
[FR Doc. 2013-28741 Filed 12-4-13; 8:45 am]
BILLING CODE 6820-14-P
