Federal Travel Regulation (FTR); Agency Requirements for Payment of Expenses Connected With the Death of Certain Employees and Family Members, 73104-73109 [2013-28741]

Download as PDF 73104 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. ehiers on DSK2VPTVN1PROD with RULES 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: ■ VerDate Mar<15>2010 13:56 Dec 04, 2013 Jkt 232001 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 (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. * * * * * [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: E:\FR\FM\05DER1.SGM 05DER1 Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations 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: ehiers on DSK2VPTVN1PROD with RULES 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 VerDate Mar<15>2010 13:56 Dec 04, 2013 Jkt 232001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05DER1.SGM 05DER1 73106 Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations 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? ehiers on DSK2VPTVN1PROD with RULES 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? VerDate Mar<15>2010 13:56 Dec 04, 2013 Jkt 232001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05DER1.SGM 05DER1 Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations 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. ehiers on DSK2VPTVN1PROD with RULES § 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 VerDate Mar<15>2010 13:56 Dec 04, 2013 Jkt 232001 (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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 73107 (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 E:\FR\FM\05DER1.SGM 05DER1 73108 Federal Register / Vol. 78, No. 234 / Thursday, December 5, 2013 / Rules and Regulations 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 Sfmt 4700 E:\FR\FM\05DER1.SGM 05DER1 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 05DER1

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]


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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