Federal Travel Regulation; Updating the FTR With Diversity, Equity, Inclusion, and Accessibility Language, 12250-12257 [2024-02852]
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
This action does not concern human
health or environmental conditions and
therefore cannot be evaluated with
respect to the potential for
disproportionate impacts on non-white
and low-income populations in
accordance with Executive Order 12898
(59 FR 7629, February 16, 1994) and
Executive Order 14096 (88 FR 25251,
April 26, 2023).
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5
U.S.C. 801 et seq., and EPA will submit
a rule report to each House of the
Congress and to the Comptroller General
of the United States. The CRA allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and comment rulemaking procedures
are impracticable, unnecessary or
contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause
finding for this rule as discussed in Unit
I.D., including the basis for that finding.
List of Subjects in 40 CFR Part 723
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: February 9, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, for the reasons set forth in
the preamble, 40 CFR chapter I is
amended as follows:
PART 723—PREMANUFACTURE
NOTIFICATION EXEMPTIONS
1. The authority citation for part 723
continues to read as follows:
■
Authority: 15 U.S.C. 2604.
2. In § 723.250(f), revise the
introductory text to read as follows:
■
§ 723.250
Polymers.
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(f) Exemption report for polymers
manufactured under the terms of this
section. For substances exempt under
paragraphs (e)(1) through (3) of this
section a report of manufacture or
import must be submitted by January 31
of the year subsequent to initial
manufacture, except that for initial
manufacture or import in 2023 the
report must be submitted by March 31,
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16:07 Feb 15, 2024
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2024. The report and accompanying
claims must be submitted via CDX
(https://cdx.epa.gov/), using the TSCA
Section 5 Notices and Supports—ePMN
application. See § 720.40(a)(2)(ii) of this
subchapter for information on how to
access e-PMN software. The notice must
include:
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[FR Doc. 2024–03064 Filed 2–15–24; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–3, 301–10, 301–31,
301–50, 301–51, 301–70 Through 301–
76, Chapter 301, and Parts 302–1
Through 302–9, 302–11, 302–12, 302–
14 Through 302–17, 303–70, 304–2,
304–3, and 304–5
[FTR Case 2022–05; Docket No. GSA–FTR–
2022–0005, Sequence No. 1]
RIN 3090–AK67
Federal Travel Regulation; Updating
the FTR With Diversity, Equity,
Inclusion, and Accessibility Language
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
GSA is issuing a final rule
that makes technical amendments to the
Federal Travel Regulation (FTR)
regarding gender neutrality. These
technical amendments result in more
inclusive language by replacing genderspecific pronouns (e.g., he, she, his, her)
with non-gendered pronouns. These
changes are grammatical and technical
in nature and do not result in added
costs or associated policy changes.
DATES: This final rule is effective on
April 16, 2024.
FOR FURTHER INFORMATION CONTACT: Mr.
Ed Davis, Program Analyst, Office of
Government-wide Policy, at 202–669–
1653 or travelpolicy@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite ‘‘FTR
Case 2022–05.’’
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Executive Order (E.O.) 13988,
Preventing and Combating
Discrimination on the Basis of Gender
Identity or Sexual Orientation, dated
January 20, 2021, establishes a policy
‘‘to prevent and combat discrimination
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on the basis of gender identity or sexual
orientation, and to fully enforce Title
VII and other laws that prohibit
discrimination on the basis of gender
identity or sexual orientation.’’
The Federal Government must be a
model for diversity, equity, inclusion,
and accessibility, where all employees
are treated with dignity and respect.
While GSA is not aware of any specific
instances where language in the FTR
has been used to discriminate against an
employee seeking reimbursement for
travel or relocation expenses, GSA
believes it is important to prevent any
potential discrimination or the
appearance of discrimination.
Therefore, GSA has undertaken an
extensive review of the FTR and is
updating all instances where language
used to identify individuals is not as
inclusive as it could be.
Consistent with the American
Psychological Association (APA) Style
Guide, 7th Edition, Publication Manual
Section 5.5 guidance on ‘‘Gender and
Pronoun Usage’’, GSA is replacing
gender-specific pronouns, such as he,
she, his, or her with more inclusive and
respectful terminology to all segments of
society. Other terms that do not use
gender-specific language, such as
employee, traveler, sibling, child, and
parent have also been used as
appropriate.
II. Waiver of Proposed Rulemaking
In developing this final rule, GSA is
waiving notice of proposed rulemaking,
public comment, and effective date
procedures set forth in the
Administrative Procedure Act, 5 U.S.C.
553 (APA). The APA provides an
exception to those procedures when an
agency finds there is good cause for
dispensing with such procedures. See 5
U.S.C. 553(b)(3)(B), 553(d)(3). Here,
GSA has determined that_good cause
exists for dispensing with these
procedures_because they are
unnecessary. The removal of genderspecific language is a grammatical,
technical amendment that does not
change policy or require the
expenditure of agency funds. It instead
makes clear that the FTR should not be
interpreted to condone potential gender
discrimination or the appearance of
gender discrimination, even if GSA is
unaware of the FTR’s gendered language
being used to discriminate against an
employee. Therefore, this rule is not
subject to notice, an opportunity for
public comment, or a delayed effective
date, and will be final and effective
upon publication.
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
III. Discussion of the Final Rule
A. Summary of Significant Changes
This final rule is technical in nature
and does not significantly change any
definition, operation or interpretation of
the FTR.
B. Expected Cost Impact to the Public
No FTR benefit has been increased or
decreased in any way by these technical
changes to the FTR.
IV. Executive Orders 12866, 13563, and
14094
Executive Order (E.O.) 12866
(Regulatory Planning and Review)
directs 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). E.O. 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. E.O. 14094
(Modernizing Regulatory Review)
amends section 3(f) of E.O. 12866 and
supplements and reaffirms the
principles, structures, and definitions
governing contemporary regulatory
review established in E.O. 12866 and
E.O. 13563. The Office of Management
and Budget’s Office of Information and
Regulatory Affairs (OIRA) has
determined that this rule is not a
significant regulatory action and,
therefore, it was not reviewed under
Section 6(b) of E.O. 12866.
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V. Congressional Review Act
Title II, subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5
U.S.C. 801–808), also known as the
Congressional Review Act or CRA,
generally provides that before a rule
may take effect, unless excepted, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. This rule is
excepted from CRA reporting
requirements prescribed under 5 U.S.C.
801 as it relates to agency management
or personnel under 5 U.S.C. 804(3)(B).
VI. 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. This
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final rule is also exempt from the
Administrative Procedure Act pursuant
to 5 U.S.C. 553(a)(2) because it applies
to agency management or personnel.
Therefore, an Initial Regulatory
Flexibility Analysis was not performed.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FTR do not impose recordkeeping or
information collection requirements, or
the collection of information from
offerors, contractors, or members of the
public that require the approval of the
Office of Management and Budget
(OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Parts 300–3,
301–10, 301–31, 301–50, 301–51, 301–70
Through 301–76, Appendix C to
Chapter 301, 302–1 Through 302–9,
302–11, 302–12, 302–14 Through 302–
17, 303–70, 304–2, 304–3, and 304–5.
Government employees, Travel and
transportation expenses.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR parts
300–3, 301–10, 301–31, 301–50, 301–51,
301–70 through 301–76, Appendix C to
Chapter 301, 302–1 through 302–9, 302–
11, 302–12, 302–14 through 302–17,
303–70, 304–2, 304–3, and 304–5 as set
forth below:
PART 300–3—GLOSSARY OF TERMS
1. The authority citation for part 300–
3 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
41 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C.
5741–5742; 20 U.S.C. 905(a); 31 U.S.C. 1353;
E.O 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586, Office of Management and
Budget Circular No. A–126, revised May 22,
1992.
2. Amend § 300–3.1 by—
a. Removing from the definition of
‘‘Commuted rate’’ ‘‘his/her household’’
and adding ‘‘their household’’ in its
place;
■ b. Removing from the definition of
‘‘Crewmember’’ ‘‘he/she must’’ and
adding ‘‘that crewmember must’’ in its
place;
■ c. Removing from the definition of
‘‘Extended storage’’ ‘‘he/she is not’’ and
adding ‘‘the employee is not’’ in its
place;
■ d. Removing from the introductory
text of the definition of ‘‘Immediate
family’’ ‘‘he/she reports’’ and adding
‘‘the employee reports’’ in its place; and
removing from paragraph (5)
‘‘Dependent brothers and sisters
(including step and legally adoptive
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brothers and sisters)’’ and adding
‘‘Dependent siblings (including step and
legally adoptive siblings)’’ in its place;
■ e. Removing from the definition of
‘‘Official station’’, in two occurrences,
‘‘his and her’’ and adding ‘‘their’’ in
their places;
■ f. Removing from the introductory text
of the definition of ‘‘Professional Books,
Papers and Equipment’’ the phrase ‘‘his/
her official duties’’ and adding ‘‘the
employee’s official duties’’ in its place;
and
■ g. Revising the last sentence of the
definition of ‘‘Qualified noncrewmember’’.
The revision reads as follows:
§ 300–3.1
mean?
What do the following terms
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*
*
Qualified non-crewmember * * * If a
qualified non-crewmember is onboard
for the purpose of travel (i.e., being
transported from point to point) in
addition to performing their duties
related to the non-travel related
Governmental function for which the
aircraft is being operated (e.g., when a
scientist conducts an experiment at the
same time they are also on the aircraft
for the purpose of traveling from point
to point), they must be authorized to
travel in accordance with rules in 41
CFR parts 301–10 and 301–70.
*
*
*
*
*
PART 301–10—TRANSPORTATION
EXPENSES
3. The authority citation for part 301–
10 is revised to read as follows:
■
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
49 U.S.C. 40118; Office of Management and
Budget Circular No. A–126, ‘‘Improving the
Management and Use of Government
Aircraft.’’ Revised May 22, 1992.
§ 301–10.262
[Amended]
4. Amend § 301–10.262 by—
■ a. Removing from paragraphs (a)
introductory text, (b), and (c) ‘‘his/her
principal deputy’’ and adding ‘‘their
principal deputy’’ in their places,
respectively; and
■ b. Removing from paragraph (d) ‘‘to
whom he/she delegates’’ and adding ‘‘to
whom they delegate’’ in its place.
■
PART 301–31—THREATENED LAW
ENFORCEMENT/INVESTIGATIVE
EMPLOYEES
5. The authority citation for part 301–
31 continues to read as follows:
■
Authority: 5 U.S.C. 5707.
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§ 301–31.1
Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
[Amended]
6. Amend § 301–31.1 by removing
‘‘his/her immediate’’ and adding ‘‘the
employee’s immediate’’ in its place.
■
PART 301–50—ARRANGING FOR
TRAVEL SERVICES
7. The authority citation for part 301–
50 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
§ 301–50.4
[Amended]
8. Amend § 301–50.4 by removing
from the introductory text ‘‘his/her
designee’’ and adding ‘‘their designee’’
in its place.
■
PART 301–51—PAYING TRAVEL
EXPENSES
9. The authority citation for part 301–
51 continues to read as follows:
■
Authority: 5 U.S.C. 5707. Subpart A is
issued under the authority of Sec. 2, Pub. L.
105–264, 112 Stat. 2350 (5 U.S.C. 5701 note);
40 U.S.C. 121(c).
§ 301–51.4
[Amended]
10. Amend § 301–51.4 by removing
‘‘his/her designee(s)’’ and adding ‘‘their
designee(s)’’ in its place.
■
PART 301–70—INTERNAL POLICY
AND PROCEDURE REQUIREMENTS
11. The authority citation for part
301–70 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5
U.S.C. 5701, note); OMB Circular No. A–126,
revised May 22, 1992; OMB Circular No. A–
123, Appendix B, revised August 27, 2019.
§ 301–70.102
§ 301–70.803 How must we authorize
travel on a Government aircraft?
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*
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*
*
(d) * * *
(1) Your agency’s designated travel
approving official (or anyone to whom
they delegate this authority and who is
at least one organizational level above
the traveler) must authorize, in advance
and in writing, all other travel on
Government aircraft (i.e., by passengers,
crewmembers, or qualified noncrewmembers) that is not covered in
paragraphs (a) through (c) of this
section.
*
*
*
*
*
■ 17. Amend § 301–70.804 by—
■ a. Revising paragraph (b)(1);
■ b. Removing from paragraph (b)(2)
‘‘his/her dependents’’ and adding ‘‘the
traveler’s dependents’’ in its place; and
■ c. Removing from paragraph (c) ‘‘he/
she not engaged’’ and adding ‘‘they not
engaged’’ in its place.
The revision reads as follows:
§ 301–70.804 What amount must the
Government be reimbursed for travel on a
Government aircraft?
*
[Amended]
12. Amend § 301–70.102 by removing
from paragraph (g) ‘‘he/she travels’’ and
adding ‘‘the employee travels’’ in its
place.
■
§ 301–70.200
and adding ‘‘their principal’’ in their
places;
■ b. Removing from paragraph (a)(1)
‘‘his or her’’ and adding ‘‘their’’ in its
place;
■ c. Removing from paragraph (b) ‘‘his/
her principal’’ and adding ‘‘their
principal’’ in its place;
■ d. Removing from paragraph (c) ‘‘his/
her deputy’’ and adding ‘‘their deputy’’
in its place; and
■ e. Revising paragraph (d)(1).
The revision reads as follows:
[Amended]
13. Amend § 301–70.200 by removing
from paragraphs (c) and (d) ‘‘his/her
official station’’ and adding ‘‘their
official station’’ in their places.
■
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*
(b) * * *
(1) You must require a traveler on
required-use travel to reimburse the
Government for the excess of the full
coach fare for all flights taken on a trip
over the full coach fare for the flights
that the traveler would have taken had
they not engaged in personal activities
during the trip; and
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*
*
*
*
§ 301–70.901
§ 301–70.700
[Amended]
14. Amend § 301–70.700 by removing
from paragraph (c) ‘‘his/her designee’’
and adding ‘‘their designee’’ in its place.
■
§ 301–70.904
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§ 301–70.701
[Amended]
16:07 Feb 15, 2024
[Amended]
19. Amend § 301–70.904 by removing
‘‘he/she must present’’ from the text and
adding ‘‘they must present’’ in its place.
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§ 301–70.907
20. Amend § 301–70.907 by removing
from paragraph (a) ‘‘he/she’’ and adding
‘‘the traveler’’ in its place.
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Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5
U.S.C. 5701 note).
§ 301–71.200
[Amended]
22. Amend § 301–71.200 by removing
‘‘his/her designee’’ and adding ‘‘their
designee’’ in its place.
■
§ 301–71.201
[Amended]
23. Amend § 301–71.201 by removing
from the introductory text ‘‘He/she
must’’ and adding ‘‘The reviewing
official must’’ in its place.
■
§ 301–71.205
[Amended]
24. Amend § 301–71.205 by removing
from paragraph (a) ‘‘his/her expenses’’
and adding ‘‘expenses’’ in its place.
■
§ 301–71.206
[Amended]
25. Amend § 301–71.206 by removing
from paragraph (c) ‘‘he/she desires’’ and
adding ‘‘the employee desires’’ in its
place.
■
§ 301–71.208
[Amended]
26. Amend § 301–71.208 by removing
‘‘his/her travel’’ and adding ‘‘the travel’’
in its place.
■ 27. Revise § 301–71.214 to read as
follows:
■
§ 301–71.214 Does mandatory use of the
Government contractor-issued travel
charge card change the employee’s
obligation to pay their travel card bill by the
due date?
No, mandatory use of the Government
contractor-issued travel charge card
does not relieve the employee of their
obligation to honor their cardholder
payment agreement.
PART 301–72—AGENCY
RESPONSIBILITIES RELATED TO
COMMON CARRIER
TRANSPORTATION
28. The authority citation for part
301–72 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 31 U.S.C. 3726;
40 U.S.C. 121(c).
§ 301–72.101
[Amended]
29. Amend § 301–72.101 by removing
from paragraph (a) ‘‘he/she is
accountable’’ and adding ‘‘the employee
is accountable’’ in its place.
PART 301–73—TRAVEL PROGRAMS
[Amended]
■
21. The authority citation for part
301–71 continues to read as follows:
■
■
■
15. Amend § 301–70.701 by removing
from paragraph (b) ‘‘his/her designee(s)’’
and adding ‘‘their designee(s)’’ in its
place.
■ 16. Amend § 301–70.803 by—
■ a. Removing from paragraph (a)
introductory text ‘‘his/her principal’’
■
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[Amended]
18. Amend § 301–70.901 by removing
‘‘his/her designee’’ and adding ‘‘their
designee’’ in its place.
■
PART 301–71—AGENCY TRAVEL
ACCOUNTABILITY REQUIREMENTS
30. The authority citation for part
301–73 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
§ 301–73.102
[Amended]
31. Amend § 301–73.102 by removing
from paragraph (a) introductory text
‘‘his/her designee’’ and adding ‘‘their
designee’’ in its place.
■
§ 301–73.103
§ 301–75.4 What other responsibilities do
we have for pre-employment interview
travel?
35. The authority citation for part
301–74 continues to read as follows:
*
■
Authority: 5 U.S.C. 5707.
36. Amend § 301–74.24 by revising
the section heading to read as follows:
■
[Amended]
32. Amend § 301–73.103 by removing
‘‘his/her designee’’ and adding ‘‘their
designee’’ in its place.
■
§ 301–73.104
PART 301–74—CONFERENCE
PLANNING
[Amended]
§ 301–74.24 What is the traveler required
to do if they are unable to attend an event
for which they were reimbursed for an
advanced discounted payment of a
conference or training registration fee?
33. Amend § 301–73.104 by removing
from paragraph (a) introductory text
‘‘his/her designee’’ and adding ‘‘the
Administrator’s designee’’ in its place.
*
§ 301–73.105
■
■
*
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*
PART 301–75—PRE-EMPLOYMENT
TRAVEL
39. Amend § 301–75.200 by revising
the entry for ‘‘Other expenses’’ to read
as follows:
■
37. The authority citation for part
301–75 continues to read as follows:
[Amended]
34. Amend § 301–73.105 by removing
‘‘he/she is responsible’’ and adding ‘‘the
employee is responsible’’ in its place.
■
Authority: 5 U.S.C. 5707.
38. Amend § 301–75.4 by revising
paragraphs (b) and (f) to read as follows:
■
§ 301–75.200 How will we pay for preemployment interviewee travel expenses?
For
You will
*
*
*
Other expenses ........................................................................
*
*
*
*
Require payment by the interviewee and reimburse the interviewee for allowable
travel expenses upon submission and approval of the interviewee’s travel
claim.
40. Amend § 301–75.202 by revising
the section heading and entry for ‘‘The
new ticket is more expensive than the
■
ticket you provided’’ in the table to read
as follows:
§ 301–75.202 What must we do if the
interviewee exchanges the ticket they have
been issued?
If
You will inform the traveler
The new ticket is more expensive than the ticket you provided.
That the traveler must pay the difference using personal funds and the traveler
will not receive reimbursement for the extra amount.
*
§ 301–75.205
*
*
[Amended]
41. Amend § 301–75.205 by removing
‘‘he or she must’’ and adding ‘‘they
must’’ in its place.
■
PART 301–76—COLLECTION OF
UNDISPUTED DELINQUENT AMOUNTS
OWED TO THE CONTRACTOR
ISSUING THE INDIVIDUALLY BILLED
TRAVEL CHARGE CARD
42. The authority citation for part
301–76 continues to read as follows:
■
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*
*
*
*
*
(b) Inform the interviewee that the
interviewee is responsible for excess
cost and any additional expenses that
they incur for personal preference or
convenience;
*
*
*
*
*
(f) Inform the interviewee that the
interviewee may subject themselves to
criminal penalties if they knowingly
present a false, fictitious, or fraudulent
travel claim (See 18 U.S.C. 287 and
1001).
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*
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c);
Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5
U.S.C. 5701 note).
43. Amend § 301–76.100 by revising
paragraph (a) to read as follows:
■
§ 301–76.100 Are there any due process
requirements with which we must comply
before collecting undisputed delinquent
amounts on behalf of the charge card
contractor?
*
*
*
*
*
(a) Provide the employee with written
notice of the type and amount of the
claim, the intention to collect the claim
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*
*
by deduction from the employee’s
disposable pay, and an explanation of
the employee’s rights as a debtor;
*
*
*
*
*
Appendix C to Chapter 301
44. The authority citation for
appendix C to chapter 301 continues to
read as follows:
■
Authority: 5 U.S.C. 5707.
45. Amend appendix C to chapter 301
in the table by revising the entry for
‘‘Official Station’’ to read as follows:
■
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Appendix C to Chapter 301—Standard
Data Elements for Federal Travel
[Traveler Identification]
Group name
Data elements
Description
*
Official Station ........
*
City, State, Zip .......
*
*
*
*
*
The location where the employee regularly performs their duties or an invitational traveler’s home or
regular place of business. If the employee’s work involves recurring travel or varies on a recurring
basis, the location where the work activities of the employee’s position of record are based is
considered the employee’s official station.
*
*
*
§ 302–3.1
46. The authority citation for part
302–1 continues to read as follows:
■
[Amended]
47. Amend § 302–1.1 by removing
from paragraph (e) ‘‘his/her place’’ and
adding ‘‘their place’’ in its place.
■
PART 302–2—EMPLOYEE ELIGIBILITY
REQUIREMENTS
48. The authority citation for part
302–2 continues to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
49. Amend § 302–2.102 by removing
‘‘his/her designee’’ and adding ‘‘their
designee’’ in its place.
■ 50. Amend § 302–2.103 by revising
paragraphs (a) and (b) to read as follows:
§ 302–2.103 How must we administer the
authorization for relocation of an
employee?
*
*
*
*
*
(a) Issue an employee a TA for
relocation before the employee transfers
to a new official station;
(b) Inform the employee of the
transfer within a timeframe that will
provide the employee sufficient time for
preparation;
*
*
*
*
*
[Amended]
51. Amend § 302–2.106 by removing
‘‘his/her designee’’ and adding ‘‘their
designee’’ in its place.
■
§ 302–2.110
[Amended]
52. Amend § 302–2.110 by removing
from the introductory text ‘‘his/her
effective’’ and adding ‘‘the employee’s
effective’’ in its place.
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■
PART 302–3—RELOCATION
ALLOWANCES BY SPECIFIC TYPE
53. The authority citation for part
302–3 continues to read as follows:
■
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55. Amend § 302–3.203 by revising
the section heading to read as follows:
■
Jkt 262001
*
§ 302–3.504
*
■
*
*
*
*
[Amended]
56. Amend § 302–3.500 by—
a. Removing from paragraph (a)
‘‘violates his/her’’ and adding ‘‘violates
their’’ in its place; and
■ b. Removing from paragraph (d)
‘‘arrange his/her’’ and adding ‘‘arrange
their’’ in its place.
57. Amend § 302–3.501 by removing
from paragraph (b) ‘‘his/her benefits’’
and adding ‘‘the new appointee’s
benefits’’ in its place.
■
58. Amend § 302–3.502 by—
a. Removing from paragraph (b) ‘‘his/
her travel expense’’ and ‘‘his/her TCS
expenses’’ and adding ‘‘the employee’s
travel expense’’ and ‘‘their TCS
expenses’’ in their places, respectively;
and
■ b. Revising paragraph (c).
The revision reads as follows:
■
■
§ 302–3.502 What factors should we
consider in determining whether to
authorize a TCS for a long-term
assignment?
*
*
*
*
(c) Employee concerns. The long-term
assignment of an employee away from
the employee’s official station and
immediate family may negatively affect
the employee’s morale and job
performance. Such negative effects may
be alleviated by authorizing a TCS so
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59. Amend § 302–3.504 by removing
from paragraph (e) ‘‘his/her relocation’’
and adding ‘‘the employee’s relocation’’
in its place.
■
§ 302–3.506 May we pay relocation
expenses if the employee violates their
service agreement?
*
*
*
§ 302–3.509
*
*
[Amended]
61. Amend § 302–3.509 by—
a. Removing from paragraph (a) ‘‘his/
her service’’ and adding ‘‘the service’’ in
its place; and
■ b. Removing from paragraph (c) ‘‘his/
her relocation’’ and adding ‘‘the
employee’s relocation’’ in its place.
■
■
[Amended]
*
[Amended]
60. Amend § 302–3.506 by revising
the section heading to read as follows:
■
■
§ 302–3.501
*
the employee can transport their
immediate family and/or household
goods at Government expense to the
location where the employee will
perform the long-term assignment. You
should consider the effects of a longterm temporary duty travel assignment
on an employee when deciding whether
to authorize a TCS.
§ 302–3.203 If I am transferring in the
interest of the Government and my
employed immediate family member(s)
transfer is not in the interest of the
Government, will those immediate family
member(s) receive relocation allowances?
§ 302–3.500
[Amended]
■
§ 302–2.106
[Amended]
54. Amend § 302–3.1 by removing
from paragraph (c) ‘‘his/her college’’ and
adding ‘‘that student trainee’s college’’
in its place.
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
§ 302–2.102
*
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
PART 302–1—GENERAL RULES
§ 302–1.1
*
§ 302–3.510
[Amended]
61. Amend § 302–3.510 by removing
‘‘his/her service’’ and adding ‘‘the
employee’s service’’ in its place.
■
62. Amend § 302–3.511 by revising
paragraphs (a) and (e) to read as follows:
■
§ 302–3.511 What must we consider when
determining return travel for immediate
family member(s) for compassionate
reasons prior to completion of the service
agreement?
*
*
*
*
*
(a) The immediate family member(s)’
physical or mental health;
*
*
*
*
*
(e) A dependent that traveled to post
of duty on the employee’s authorized
TA and has now reached their 21st
birthdate.
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§ 302–6.300 How should we administer the
TQSE allowance?
PART 302–4—ALLOWANCES FOR
SUBSISTENCE AND
TRANSPORTATION
63. The authority citation for part
302–4 continues to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, 36 FR 13747, 3 CFR, 1971–1975
Comp., p. 586.
64. Revise § 302–4.203 to read as
follows:
■
§ 302–4.203 How much per diem will my
spouse or domestic partner receive if they
accompany me while I am performing PCS
travel?
The maximum amount your spouse or
domestic partner may receive if they
accompany you while you are
performing PCS travel is three-fourths of
your daily per diem rate.
65. Revise § 302–4.204 to read as
follows:
■
§ 302–4.204 If my spouse or domestic
partner does not accompany me but travels
unaccompanied at a different time, what per
diem rate will they receive?
§ 302–6.303 What factors should we
consider in determining whether the TQSE
allowance is actually necessary?
*
*
*
*
*
(a) The length of time the employee
should reasonably be expected to
occupy the employee’s residence at the
old official station prior to reporting for
duty at the new official station. An
employee and the employee’s
immediate family should continue to
occupy the residence at the old official
station for as long as practicable to
avoid the necessity for temporary
quarters.
*
*
*
*
*
and personal effects because of the
absence of residence quarters at that
location;
*
*
*
*
*
77. Amend § 302–8.402 by revising
the section heading, the introductory
text, and paragraph (a) to read as
follows:
■
§ 302–8.402 May we allow the employee to
determine options in the preference of the
employee’s storage?
Yes, the employee may determine
options in the preference of the
employee’s storage. You may authorize
the employee to:
(a) Transport a portion of the
employee’s HHG to the official station
and store the remainder at Government
expense;
*
*
*
*
*
PART 302–9—ALLOWANCES FOR
TRANSPORTATION AND EMERGENCY
OR TEMPORARY STORAGE OF A
PRIVATELY OWNED VEHICLE
78. The authority citation for part
302–9 continues to read as follows:
■
If your spouse or domestic partner
does not accompany you but travels
unaccompanied at a different time, they
will receive the same per diem rate to
which you are entitled.
PART 302–7—TRANSPORTATION AND
TEMPORARY STORAGE OF
HOUSEHOLD GOODS,
PROFESSIONAL BOOKS, PAPERS,
AND EQUIPMENT, (PBP&E) AND
BAGGAGE ALLOWANCE
PART 302–5—ALLOWANCE FOR
HOUSEHUNTING TRIP EXPENSES
■
■
66. The authority citation for part
302–5 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
§ 302–9.602
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
§ 302–7.1
72. The authority citation for part
302–7 continues to read as follows:
■
§ 302–5.102
[Amended]
67. Amend § 302–5.102 by removing
‘‘his/her circumstances’’ and ‘‘he or she
will’’ and adding ‘‘the employee’s
circumstances’’ and ‘‘the employee
will’’ in their places, respectively.
■
[Amended]
73. Amend § 302–7.1 by removing
from paragraph (b) ‘‘his/her first’’ and
adding ‘‘their first’’ in its place.
■
§ 302–7.201
[Amended]
74. Amend § 302–7.201 by removing
‘‘he/she is responsible’’ and adding ‘‘the
employee is responsible’’ in its place.
■
Authority: 5 U.S.C. 5737a; 5 U.S.C. 5738;
20 U.S.C. 905(a); E.O. 11609, as amended, 3
CFR, 1971–1975 Comp., p. 586.
§ 302–9.1
[Amended]
79. Amend § 302–9.1 by removing
‘‘his/her immediate’’ and adding ‘‘the
employee’s immediate’’ in its place.
[Amended]
80. Amend § 302–9.602 by removing
‘‘his/her POV’’ and adding ‘‘their POV’’
in its place.
■
PART 302–11—ALLOWANCES FOR
EXPENSES INCURRED IN
CONNECTION WITH RESIDENCE
TRANSACTIONS
81. The authority citation for part
302–11 continues to read as follows:
■
PART 302–6—ALLOWANCE FOR
TEMPORARY QUARTERS
SUBSISTENCE EXPENSES
PART 302–8—ALLOWANCES FOR
EXTENDED STORAGE OF
HOUSEHOLD GOODS (HHG)
Authority: 5 U.S.C. 5738 and 20 U.S.C.
905(c).
■
68. The authority citation for part
302–6 continues to read as follows:
■
75. The authority citation for part
302–8 is revised to read as follows:
■
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, 36 FR 13747, 3 CFR, 1971–1975
Comp., p. 586.
■
§ 302–6.2
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Temporary quarters should be used
only if, and only for as long as,
necessary until the employee and/or the
employee’s immediate family can move
into permanent residence quarters.
* * *
■ 71. Amend § 302–6.303 by revising
paragraph (a) to read as follows:
12255
76. Amend § 302–8.2 by revising
paragraph (b) to read as follows:
69. Amend § 302–6.2 by removing
‘‘his/her immediate family’’ and adding
‘‘the employee’s immediate family’’ in
its place.
■
70. Amend § 302–6.300 by revising
the first sentence to read as follows:
■
16:07 Feb 15, 2024
[Amended]
82. Amend § 302–11.106 by removing
‘‘his/her name’’ and adding ‘‘that
individual’s name’’ in its place.
83. Revise § 302–11.309 to read as
follows:
■
[Amended]
VerDate Sep<11>2014
§ 302–11.106
Jkt 262001
§ 302–8.2
storage?
What is the purpose of extended
*
*
*
*
*
(b) Assigned to isolated locations in
CONUS to which you cannot take or at
which you are unable to use your HHG
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§ 302–11.309 What residence transaction
expenses are reimbursable if an employee
violates the terms of the service
agreement?
If the employee violates their service
agreement, no residence transaction
expenses will be paid, and any amounts
paid prior to such violation shall be a
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debt due the United States until they are
paid by the employee.
§ 302–11.404
[Amended]
84. Amend § 302–11.404 by removing
from paragraph (e) introductory text
‘‘his/her payment’’ and adding ‘‘the
payment’’ in its place and removing
from paragraph (f) ‘‘his/her old’’ and
adding ‘‘the employee’s old’’ in its
place.
■
85. Amend § 302–11.407 by removing
from paragraph (a) ‘‘his/her financial’’
and adding ‘‘the employee’s financial’’
in its place and revising paragraph (b).
The revision reads as follows:
■
§ 302–11.407 What documentation must
we require the employee to submit before
paying residence transaction expenses?
*
*
*
*
*
(b) A copy of the employee’s financial
documents which prove that the
employee and/or a member(s) of the
immediate family received all proceeds
from the sale of the property;
*
*
*
*
*
§ 302–11.421
[Amended]
86. Amend § 302–11.421 by—
a. Removing from paragraph (a) ‘‘him/
her from completing his/her’’ and
adding ‘‘the employee from completing
their’’ in its place; and
■ b. Removing from paragraph (b) ‘‘his/
her transfer’’ and adding ‘‘the
employee’s transfer’’ in its place.
■ 87. Revise § 302–11.441 to read as
follows:
■
■
§ 302–11.441 How must we determine if an
employee holds equitable title interest in a
property?
To determine if an employee holds
equitable title interest in a property, you
must follow the guidelines in § 302–
11.405.
PART 302–12—USE OF A
RELOCATION SERVICES COMPANY
88. The authority citation for part
302–12 continues to read as follows:
■
Authority: 5 U.S.C. 5738 and 20 U.S.C.
905(c).
§ 302–12.109
residence, but this does not preclude
you reimbursing a relocation services
company for losses incurred while the
contractor holds the property.
■ 91. Revise § 302–12.120 to read as
follows:
§ 302–16.203
§ 302–12.120 Under a home sale program,
may we direct the relocation services
company to pay an employee more than the
fair market value of the employee’s
residence?
PART 302–17—TAXES ON
RELOCATION EXPENSES
No, under a home sale program, you
may not direct the relocation services
company to pay an employee more than
the fair market value (as determined by
the residence appraisal process) of the
employee’s home.
PART 302–14—HOME MARKETING
INCENTIVE PAYMENTS
92. The authority citation for part
302–14 continues to read as follows:
■
Authority: 5 U.S.C. 5756.
§ 302–14.103
[Amended]
93. Amend § 302–14.103 by removing
from paragraph (b) ‘‘his/her residence’’
and adding ‘‘the employee’s residence’’
in its place.
■
PART 302–15—ALLOWANCE FOR
PROPERTY MANAGEMENT SERVICES
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
§ 302–15.1
[Amended]
95. Amend § 302–15.1 by removing
‘‘his/her residence’’ and adding ‘‘the
employee’s residence’’ in its place.
■
§ 302–15.70
[Amended]
96. Amend § 302–15.70 by—
a. Removing from paragraph (d) ‘‘his/
her residence’’ and adding ‘‘the
employee’s residence’’ in its place; and
■ b. Removing from paragraph (e) ‘‘his/
her mind’’ and ‘‘his/her residence’’ and
adding ‘‘their mind’’ and ‘‘their
residence’’ in their places, respectively.
■
■
89. Amend § 302–12.109 by removing
‘‘his/her home’’ and adding ‘‘their
home’’ in its place.
■
90. Revise § 302–12.119 to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a);
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
§ 302–12.119 Under a home sale program,
may we pay an employee for losses the
employee incurs on the sale of a residence?
§ 302–16.202
■
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■
No, under a home sale program, you
may not pay an employee for losses the
employee incurs on the sale of a
VerDate Sep<11>2014
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Jkt 262001
100. The authority citation for part
302–17 continues to read as follows:
■
Authority: 5 U.S.C. 5724b; 5 U.S.C. 5738;
E.O. 11609, as amended, 3 CFR, 1971–1975
Comp., p. 586.
§ 302–17.44
[Amended]
101. Amend § 302–17.44 by removing
from the introductory text ‘‘credit on
his/her’’ and adding ‘‘credit on their’’ in
its place.
■
§ 302–17.102
[Amended]
102. Amend § 302–17.102 by
removing from paragraph (b) ‘‘his/her
behalf’’ and adding ‘‘the employee’s
behalf’’ in its place.
■
PART 303–70—AGENCY
REQUIREMENTS FOR PAYMENT OF
EXPENSES CONNECTED WITH THE
DEATH OF CERTAIN EMPLOYEES
AND FAMILY MEMBERS
103. The authority citation for part
303–70 continues to read as follows:
■
94. The authority citation for part
302–15 continues to read as follows:
■
PART 302–16—ALLOWANCE FOR
MISCELLANEOUS EXPENSES
[Amended]
[Amended]
99. Amend § 302–16.203 by removing
from paragraph (g) ‘‘he/she or a member
of his/her’’ and adding ‘‘the employee or
a member of the employee’s’’ in its
place.
■
97. The authority citation for part
302–16 continues to read as follows:
[Amended]
98. Amend § 302–16.202 by removing
from paragraph (f) ‘‘his/her immediate’’
and adding ‘‘the employee’s immediate’’
in its place.
■
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Authority: 5 U.S.C. 5721–5738; 5741–
5742; E.O. 11609, 3 CFR, 1971–1975 Comp.,
p 586; Presidential Memorandum dated
September 12, 2011, ‘‘Delegation Under
Section 2(a) of the Special Agent Samuel
Hicks Families of Fallen Heroes Act.’’
§ 303–70.1
[Amended]
104. Amend § 303–70.1 by removing
from paragraph (c) ‘‘his/her actual’’ and
adding ‘‘the employee’s actual’’ in its
place.
■
§ 303–70.301
[Amended]
105. Amend § 303–70.301 by
removing ‘‘his/her designated’’ and
adding ‘‘their designated’’ in its place.
■
§ 303–70.400
[Amended]
106. Amend § 303–70.400 by
removing ‘‘his/her official’’ and adding
‘‘their official’’ in its place.
■ 107. Amend § 303–70.500 by revising
the section heading to read as follows:
■
§ 303–70.500 When the employee, on a
service agreement or a mandatory mobility
agreement, dies at or while in transit to or
from the employee’s 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?
*
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108. Amend § 303–70.501 by revising
the section heading to read as follows:
■
§ 303–70.501 Must we continue payment of
relocation expenses for an employee’s
immediate family if the employee dies while
in transit from an OCONUS official station
to the employee’s new official station within
CONUS?
*
*
*
*
*
PART 304–2—DEFINITIONS
109. The authority citation for part
304–2 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
§ 304–2.1
[Amended]
110. Amend § 304–2.1 by removing
from paragraph (1) of the definition
‘‘Meeting(s) or similar functions
(meeting)’’ ‘‘his/her official’’ and adding
‘‘the employee’s official’’ in its place.
■
PART 304–3—EMPLOYEE
RESPONSIBILITY
111. The authority citation for part
304–3 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
§ 304–3.2
[Amended]
112. Amend § 304–3.2 by removing
‘‘his/her spouse’’ and adding ‘‘the
employee’s spouse’’ in its place.
■
PART 304–5—AGENCY
RESPONSIBILITIES
113. The authority citation for part
304–5 continues to read as follows:
■
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
§ 304–5.3
[Amended]
114. Amend § 304–5.3 by removing
from paragraph (a) introductory text
‘‘he/she determines’’ and adding ‘‘the
approving official determines’’ in its
place.
■
BILLING CODE 6820–14–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 240208–0041]
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RIN 0648–BM19
List of Fisheries for 2024
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
VerDate Sep<11>2014
16:07 Feb 15, 2024
Jkt 262001
DATES:
This rule is effective March 18,
2024.
Chief, Marine Mammal and
Sea Turtle Conservation Division, Office
of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD
20910.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jaclyn Taylor, Office of Protected
Resources, 301–427–8402; Cheryl Cross,
Greater Atlantic Region, 978–281–9100;
Jessica Powell, Southeast Region, 727–
824–5312; Dan Lawson, West Coast
Region, 206–526–4740; Suzie Teerlink,
Alaska Region, 907–586–7240; Elena
Duke, Pacific Islands Region, 808–725–
5085. Individuals who use a
telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
What is the List of Fisheries?
[FR Doc. 2024–02852 Filed 2–15–24; 8:45 am]
AGENCY:
NMFS is publishing its final
List of Fisheries (LOF) for 2024, as
required by the Marine Mammal
Protection Act (MMPA). The LOF for
2024 reflects new information on
interactions between commercial
fisheries and marine mammals. NMFS
must classify each commercial fishery
on the LOF into one of three categories
under the MMPA based on the level of
mortality and serious injury of marine
mammals that occurs incidental to each
fishery. The classification of a fishery on
the LOF determines whether
participants in that fishery are subject to
certain provisions of the MMPA, such as
those on registration, observer coverage,
and take reduction plan (TRP)
requirements.
SUMMARY:
Section 118 of the MMPA requires
NMFS to place all U.S. commercial
fisheries into one of three categories
based on the level of incidental
mortality and serious injury of marine
mammals occurring in each fishery (16
U.S.C. 1387(c)(1)). The classification of
a fishery on the LOF determines
whether participants in that fishery may
be required to comply with certain
provisions of the MMPA, such as those
on registration, observer coverage, and
take reduction plan requirements.
NMFS must reexamine the LOF
annually, considering new information
in the Marine Mammal Stock
Assessment Reports (SARs) and other
relevant sources, and publish in the
Federal Register any necessary changes
to the LOF after notice and opportunity
for public comment (16 U.S.C. 1387
(c)(1)(C)).
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How does NMFS determine in which
category a fishery is placed?
The definitions for the fishery
classification criteria can be found in
the implementing regulations for section
118 of the MMPA (50 CFR 229.2). The
criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria
consist of a two-tiered, stock-specific
approach that first addresses the total
impact of all fisheries on each marine
mammal stock and then addresses the
impact of individual fisheries on each
stock. This approach is based on
consideration of the rate, in numbers of
animals per year, of incidental
mortalities and serious injuries of
marine mammals due to commercial
fishing operations relative to the
potential biological removal (PBR) level
for each marine mammal stock. The
MMPA (16 U.S.C. 1362 (20)) defines the
PBR level as the maximum number of
animals, not including natural
mortalities, that may be removed from a
marine mammal stock, while allowing
that stock to reach or maintain its
optimum sustainable population. This
definition can also be found in the
implementing regulations for section
118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the
cumulative fishery mortality and serious
injury for a particular stock. If the total
annual mortality and serious injury of a
marine mammal stock across all
fisheries is less than or equal to 10
percent of the PBR level of the stock, all
fisheries interacting with the stock will
be placed in Category III (unless those
fisheries interact with other stock(s) for
which total annual mortality and
serious injury is greater than 10 percent
of PBR). Otherwise, these fisheries are
subject to the next tier of analysis (Tier
2) to determine their classification.
Tier 2: Tier 2 considers fisheryspecific mortality and serious injury for
a particular stock.
Category I: Annual mortality and
serious injury of a stock in a given
fishery is greater than or equal to 50
percent of the PBR level (i.e., frequent
incidental mortality and serious injury
of marine mammals).
Category II: Annual mortality and
serious injury of a stock in a given
fishery is greater than 1 percent and less
than 50 percent of the PBR level (i.e.,
occasional incidental mortality and
serious injury of marine mammals).
Category III: Annual mortality and
serious injury of a stock in a given
fishery is less than or equal to 1 percent
of the PBR level (i.e., a remote
likelihood of or no known incidental
E:\FR\FM\16FER1.SGM
16FER1
]]>Agencies
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12250-12257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02852]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 300-3, 301-10, 301-31, 301-50, 301-51, 301-70 Through
301-76, Chapter 301, and Parts 302-1 Through 302-9, 302-11, 302-12,
302-14 Through 302-17, 303-70, 304-2, 304-3, and 304-5
[FTR Case 2022-05; Docket No. GSA-FTR-2022-0005, Sequence No. 1]
RIN 3090-AK67
Federal Travel Regulation; Updating the FTR With Diversity,
Equity, Inclusion, and Accessibility Language
AGENCY: Office of Government-wide Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule that makes technical amendments to
the Federal Travel Regulation (FTR) regarding gender neutrality. These
technical amendments result in more inclusive language by replacing
gender-specific pronouns (e.g., he, she, his, her) with non-gendered
pronouns. These changes are grammatical and technical in nature and do
not result in added costs or associated policy changes.
DATES: This final rule is effective on April 16, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Ed Davis, Program Analyst, Office
of Government-wide Policy, at 202-669-1653 or [email protected] for
clarification of content. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite ``FTR Case 2022-05.''
SUPPLEMENTARY INFORMATION:
I. Background
Executive Order (E.O.) 13988, Preventing and Combating
Discrimination on the Basis of Gender Identity or Sexual Orientation,
dated January 20, 2021, establishes a policy ``to prevent and combat
discrimination on the basis of gender identity or sexual orientation,
and to fully enforce Title VII and other laws that prohibit
discrimination on the basis of gender identity or sexual orientation.''
The Federal Government must be a model for diversity, equity,
inclusion, and accessibility, where all employees are treated with
dignity and respect. While GSA is not aware of any specific instances
where language in the FTR has been used to discriminate against an
employee seeking reimbursement for travel or relocation expenses, GSA
believes it is important to prevent any potential discrimination or the
appearance of discrimination. Therefore, GSA has undertaken an
extensive review of the FTR and is updating all instances where
language used to identify individuals is not as inclusive as it could
be.
Consistent with the American Psychological Association (APA) Style
Guide, 7th Edition, Publication Manual Section 5.5 guidance on ``Gender
and Pronoun Usage'', GSA is replacing gender-specific pronouns, such as
he, she, his, or her with more inclusive and respectful terminology to
all segments of society. Other terms that do not use gender-specific
language, such as employee, traveler, sibling, child, and parent have
also been used as appropriate.
II. Waiver of Proposed Rulemaking
In developing this final rule, GSA is waiving notice of proposed
rulemaking, public comment, and effective date procedures set forth in
the Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides
an exception to those procedures when an agency finds there is good
cause for dispensing with such procedures. See 5 U.S.C. 553(b)(3)(B),
553(d)(3). Here, GSA has determined that_good cause exists for
dispensing with these procedures_because they are unnecessary. The
removal of gender-specific language is a grammatical, technical
amendment that does not change policy or require the expenditure of
agency funds. It instead makes clear that the FTR should not be
interpreted to condone potential gender discrimination or the
appearance of gender discrimination, even if GSA is unaware of the
FTR's gendered language being used to discriminate against an employee.
Therefore, this rule is not subject to notice, an opportunity for
public comment, or a delayed effective date, and will be final and
effective upon publication.
[[Page 12251]]
III. Discussion of the Final Rule
A. Summary of Significant Changes
This final rule is technical in nature and does not significantly
change any definition, operation or interpretation of the FTR.
B. Expected Cost Impact to the Public
No FTR benefit has been increased or decreased in any way by these
technical changes to the FTR.
IV. Executive Orders 12866, 13563, and 14094
Executive Order (E.O.) 12866 (Regulatory Planning and Review)
directs 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). E.O. 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. E.O. 14094 (Modernizing Regulatory Review) amends section
3(f) of E.O. 12866 and supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in E.O. 12866 and E.O. 13563. The Office of Management and
Budget's Office of Information and Regulatory Affairs (OIRA) has
determined that this rule is not a significant regulatory action and,
therefore, it was not reviewed under Section 6(b) of E.O. 12866.
V. Congressional Review Act
Title II, subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also known as the
Congressional Review Act or CRA, generally provides that before a rule
may take effect, unless excepted, the agency promulgating the rule must
submit a rule report, which includes a copy of the rule, to each House
of the Congress and to the Comptroller General of the United States.
This rule is excepted from CRA reporting requirements prescribed under
5 U.S.C. 801 as it relates to agency management or personnel under 5
U.S.C. 804(3)(B).
VI. 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. This final rule is
also exempt from the Administrative Procedure Act pursuant to 5 U.S.C.
553(a)(2) because it applies to agency management or personnel.
Therefore, an Initial Regulatory Flexibility Analysis was not
performed.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FTR do not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Parts 300-3, 301-10, 301-31, 301-50,
301-51, 301-70 Through 301-76, Appendix C to Chapter 301, 302-1
Through 302-9, 302-11, 302-12, 302-14 Through 302-17, 303-70, 304-
2, 304-3, and 304-5.
Government employees, Travel and transportation expenses.
Robin Carnahan,
Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 41 CFR parts
300-3, 301-10, 301-31, 301-50, 301-51, 301-70 through 301-76, Appendix
C to Chapter 301, 302-1 through 302-9, 302-11, 302-12, 302-14 through
302-17, 303-70, 304-2, 304-3, and 304-5 as set forth below:
PART 300-3--GLOSSARY OF TERMS
0
1. The authority citation for part 300-3 continues to read as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 41 U.S.C. 40118; 5
U.S.C. 5738; 5 U.S.C. 5741-5742; 20 U.S.C. 905(a); 31 U.S.C. 1353;
E.O 11609, as amended, 3 CFR, 1971-1975 Comp., p. 586, Office of
Management and Budget Circular No. A-126, revised May 22, 1992.
0
2. Amend Sec. 300-3.1 by--
0
a. Removing from the definition of ``Commuted rate'' ``his/her
household'' and adding ``their household'' in its place;
0
b. Removing from the definition of ``Crewmember'' ``he/she must'' and
adding ``that crewmember must'' in its place;
0
c. Removing from the definition of ``Extended storage'' ``he/she is
not'' and adding ``the employee is not'' in its place;
0
d. Removing from the introductory text of the definition of ``Immediate
family'' ``he/she reports'' and adding ``the employee reports'' in its
place; and removing from paragraph (5) ``Dependent brothers and sisters
(including step and legally adoptive brothers and sisters)'' and adding
``Dependent siblings (including step and legally adoptive siblings)''
in its place;
0
e. Removing from the definition of ``Official station'', in two
occurrences, ``his and her'' and adding ``their'' in their places;
0
f. Removing from the introductory text of the definition of
``Professional Books, Papers and Equipment'' the phrase ``his/her
official duties'' and adding ``the employee's official duties'' in its
place; and
0
g. Revising the last sentence of the definition of ``Qualified non-
crewmember''.
The revision reads as follows:
Sec. 300-3.1 What do the following terms mean?
* * * * *
Qualified non-crewmember * * * If a qualified non-crewmember is
onboard for the purpose of travel (i.e., being transported from point
to point) in addition to performing their duties related to the non-
travel related Governmental function for which the aircraft is being
operated (e.g., when a scientist conducts an experiment at the same
time they are also on the aircraft for the purpose of traveling from
point to point), they must be authorized to travel in accordance with
rules in 41 CFR parts 301-10 and 301-70.
* * * * *
PART 301-10--TRANSPORTATION EXPENSES
0
3. The authority citation for part 301-10 is revised to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 U.S.C. 40118;
Office of Management and Budget Circular No. A-126, ``Improving the
Management and Use of Government Aircraft.'' Revised May 22, 1992.
Sec. 301-10.262 [Amended]
0
4. Amend Sec. 301-10.262 by--
0
a. Removing from paragraphs (a) introductory text, (b), and (c) ``his/
her principal deputy'' and adding ``their principal deputy'' in their
places, respectively; and
0
b. Removing from paragraph (d) ``to whom he/she delegates'' and adding
``to whom they delegate'' in its place.
PART 301-31--THREATENED LAW ENFORCEMENT/INVESTIGATIVE EMPLOYEES
0
5. The authority citation for part 301-31 continues to read as follows:
Authority: 5 U.S.C. 5707.
[[Page 12252]]
Sec. 301-31.1 [Amended]
0
6. Amend Sec. 301-31.1 by removing ``his/her immediate'' and adding
``the employee's immediate'' in its place.
PART 301-50--ARRANGING FOR TRAVEL SERVICES
0
7. The authority citation for part 301-50 continues to read as follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
Sec. 301-50.4 [Amended]
0
8. Amend Sec. 301-50.4 by removing from the introductory text ``his/
her designee'' and adding ``their designee'' in its place.
PART 301-51--PAYING TRAVEL EXPENSES
0
9. The authority citation for part 301-51 continues to read as follows:
Authority: 5 U.S.C. 5707. Subpart A is issued under the
authority of Sec. 2, Pub. L. 105-264, 112 Stat. 2350 (5 U.S.C. 5701
note); 40 U.S.C. 121(c).
Sec. 301-51.4 [Amended]
0
10. Amend Sec. 301-51.4 by removing ``his/her designee(s)'' and adding
``their designee(s)'' in its place.
PART 301-70--INTERNAL POLICY AND PROCEDURE REQUIREMENTS
0
11. The authority citation for part 301-70 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L.
105-264, 112 Stat. 2350 (5 U.S.C. 5701, note); OMB Circular No. A-
126, revised May 22, 1992; OMB Circular No. A-123, Appendix B,
revised August 27, 2019.
Sec. 301-70.102 [Amended]
0
12. Amend Sec. 301-70.102 by removing from paragraph (g) ``he/she
travels'' and adding ``the employee travels'' in its place.
Sec. 301-70.200 [Amended]
0
13. Amend Sec. 301-70.200 by removing from paragraphs (c) and (d)
``his/her official station'' and adding ``their official station'' in
their places.
Sec. 301-70.700 [Amended]
0
14. Amend Sec. 301-70.700 by removing from paragraph (c) ``his/her
designee'' and adding ``their designee'' in its place.
Sec. 301-70.701 [Amended]
0
15. Amend Sec. 301-70.701 by removing from paragraph (b) ``his/her
designee(s)'' and adding ``their designee(s)'' in its place.
0
16. Amend Sec. 301-70.803 by--
0
a. Removing from paragraph (a) introductory text ``his/her principal''
and adding ``their principal'' in their places;
0
b. Removing from paragraph (a)(1) ``his or her'' and adding ``their''
in its place;
0
c. Removing from paragraph (b) ``his/her principal'' and adding ``their
principal'' in its place;
0
d. Removing from paragraph (c) ``his/her deputy'' and adding ``their
deputy'' in its place; and
0
e. Revising paragraph (d)(1).
The revision reads as follows:
Sec. 301-70.803 How must we authorize travel on a Government
aircraft?
* * * * *
(d) * * *
(1) Your agency's designated travel approving official (or anyone
to whom they delegate this authority and who is at least one
organizational level above the traveler) must authorize, in advance and
in writing, all other travel on Government aircraft (i.e., by
passengers, crewmembers, or qualified non-crewmembers) that is not
covered in paragraphs (a) through (c) of this section.
* * * * *
0
17. Amend Sec. 301-70.804 by--
0
a. Revising paragraph (b)(1);
0
b. Removing from paragraph (b)(2) ``his/her dependents'' and adding
``the traveler's dependents'' in its place; and
0
c. Removing from paragraph (c) ``he/she not engaged'' and adding ``they
not engaged'' in its place.
The revision reads as follows:
Sec. 301-70.804 What amount must the Government be reimbursed for
travel on a Government aircraft?
* * * * *
(b) * * *
(1) You must require a traveler on required-use travel to reimburse
the Government for the excess of the full coach fare for all flights
taken on a trip over the full coach fare for the flights that the
traveler would have taken had they not engaged in personal activities
during the trip; and
* * * * *
Sec. 301-70.901 [Amended]
0
18. Amend Sec. 301-70.901 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 301-70.904 [Amended]
0
19. Amend Sec. 301-70.904 by removing ``he/she must present'' from the
text and adding ``they must present'' in its place.
Sec. 301-70.907 [Amended]
0
20. Amend Sec. 301-70.907 by removing from paragraph (a) ``he/she''
and adding ``the traveler'' in its place.
PART 301-71--AGENCY TRAVEL ACCOUNTABILITY REQUIREMENTS
0
21. The authority citation for part 301-71 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
Sec. 301-71.200 [Amended]
0
22. Amend Sec. 301-71.200 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 301-71.201 [Amended]
0
23. Amend Sec. 301-71.201 by removing from the introductory text ``He/
she must'' and adding ``The reviewing official must'' in its place.
Sec. 301-71.205 [Amended]
0
24. Amend Sec. 301-71.205 by removing from paragraph (a) ``his/her
expenses'' and adding ``expenses'' in its place.
Sec. 301-71.206 [Amended]
0
25. Amend Sec. 301-71.206 by removing from paragraph (c) ``he/she
desires'' and adding ``the employee desires'' in its place.
Sec. 301-71.208 [Amended]
0
26. Amend Sec. 301-71.208 by removing ``his/her travel'' and adding
``the travel'' in its place.
0
27. Revise Sec. 301-71.214 to read as follows:
Sec. 301-71.214 Does mandatory use of the Government contractor-
issued travel charge card change the employee's obligation to pay their
travel card bill by the due date?
No, mandatory use of the Government contractor-issued travel charge
card does not relieve the employee of their obligation to honor their
cardholder payment agreement.
PART 301-72--AGENCY RESPONSIBILITIES RELATED TO COMMON CARRIER
TRANSPORTATION
0
28. The authority citation for part 301-72 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 3726; 40 U.S.C. 121(c).
Sec. 301-72.101 [Amended]
0
29. Amend Sec. 301-72.101 by removing from paragraph (a) ``he/she is
accountable'' and adding ``the employee is accountable'' in its place.
PART 301-73--TRAVEL PROGRAMS
0
30. The authority citation for part 301-73 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c).
[[Page 12253]]
Sec. 301-73.102 [Amended]
0
31. Amend Sec. 301-73.102 by removing from paragraph (a) introductory
text ``his/her designee'' and adding ``their designee'' in its place.
Sec. 301-73.103 [Amended]
0
32. Amend Sec. 301-73.103 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 301-73.104 [Amended]
0
33. Amend Sec. 301-73.104 by removing from paragraph (a) introductory
text ``his/her designee'' and adding ``the Administrator's designee''
in its place.
Sec. 301-73.105 [Amended]
0
34. Amend Sec. 301-73.105 by removing ``he/she is responsible'' and
adding ``the employee is responsible'' in its place.
PART 301-74--CONFERENCE PLANNING
0
35. The authority citation for part 301-74 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
36. Amend Sec. 301-74.24 by revising the section heading to read as
follows:
Sec. 301-74.24 What is the traveler required to do if they are unable
to attend an event for which they were reimbursed for an advanced
discounted payment of a conference or training registration fee?
* * * * *
PART 301-75--PRE-EMPLOYMENT TRAVEL
0
37. The authority citation for part 301-75 continues to read as
follows:
Authority: 5 U.S.C. 5707.
0
38. Amend Sec. 301-75.4 by revising paragraphs (b) and (f) to read as
follows:
Sec. 301-75.4 What other responsibilities do we have for pre-
employment interview travel?
* * * * *
(b) Inform the interviewee that the interviewee is responsible for
excess cost and any additional expenses that they incur for personal
preference or convenience;
* * * * *
(f) Inform the interviewee that the interviewee may subject
themselves to criminal penalties if they knowingly present a false,
fictitious, or fraudulent travel claim (See 18 U.S.C. 287 and 1001).
0
39. Amend Sec. 301-75.200 by revising the entry for ``Other expenses''
to read as follows:
Sec. 301-75.200 How will we pay for pre-employment interviewee
travel expenses?
------------------------------------------------------------------------
For You will
------------------------------------------------------------------------
* * * * * * *
Other expenses......................... Require payment by the
interviewee and reimburse the
interviewee for allowable
travel expenses upon
submission and approval of the
interviewee's travel claim.
------------------------------------------------------------------------
0
40. Amend Sec. 301-75.202 by revising the section heading and entry
for ``The new ticket is more expensive than the ticket you provided''
in the table to read as follows:
Sec. 301-75.202 What must we do if the interviewee exchanges the
ticket they have been issued?
------------------------------------------------------------------------
If You will inform the traveler
------------------------------------------------------------------------
The new ticket is more expensive than That the traveler must pay the
the ticket you provided. difference using personal
funds and the traveler will
not receive reimbursement for
the extra amount.
* * * * * * *
------------------------------------------------------------------------
Sec. 301-75.205 [Amended]
0
41. Amend Sec. 301-75.205 by removing ``he or she must'' and adding
``they must'' in its place.
PART 301-76--COLLECTION OF UNDISPUTED DELINQUENT AMOUNTS OWED TO
THE CONTRACTOR ISSUING THE INDIVIDUALLY BILLED TRAVEL CHARGE CARD
0
42. The authority citation for part 301-76 continues to read as
follows:
Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Sec. 2, Pub. L. 105-
264, 112 Stat. 2350 (5 U.S.C. 5701 note).
0
43. Amend Sec. 301-76.100 by revising paragraph (a) to read as
follows:
Sec. 301-76.100 Are there any due process requirements with which we
must comply before collecting undisputed delinquent amounts on behalf
of the charge card contractor?
* * * * *
(a) Provide the employee with written notice of the type and amount
of the claim, the intention to collect the claim by deduction from the
employee's disposable pay, and an explanation of the employee's rights
as a debtor;
* * * * *
Appendix C to Chapter 301
0
44. The authority citation for appendix C to chapter 301 continues to
read as follows:
Authority: 5 U.S.C. 5707.
0
45. Amend appendix C to chapter 301 in the table by revising the entry
for ``Official Station'' to read as follows:
[[Page 12254]]
Appendix C to Chapter 301--Standard Data Elements for Federal Travel
[Traveler Identification]
------------------------------------------------------------------------
Group name Data elements Description
------------------------------------------------------------------------
* * * * * * *
Official Station........ City, State, Zip........ The location where
the employee
regularly performs
their duties or an
invitational
traveler's home or
regular place of
business. If the
employee's work
involves recurring
travel or varies on
a recurring basis,
the location where
the work activities
of the employee's
position of record
are based is
considered the
employee's official
station.
* * * * * * *
------------------------------------------------------------------------
PART 302-1--GENERAL RULES
0
46. The authority citation for part 302-1 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-1.1 [Amended]
0
47. Amend Sec. 302-1.1 by removing from paragraph (e) ``his/her
place'' and adding ``their place'' in its place.
PART 302-2--EMPLOYEE ELIGIBILITY REQUIREMENTS
0
48. The authority citation for part 302-2 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-2.102 [Amended]
0
49. Amend Sec. 302-2.102 by removing ``his/her designee'' and adding
``their designee'' in its place.
0
50. Amend Sec. 302-2.103 by revising paragraphs (a) and (b) to read as
follows:
Sec. 302-2.103 How must we administer the authorization for
relocation of an employee?
* * * * *
(a) Issue an employee a TA for relocation before the employee
transfers to a new official station;
(b) Inform the employee of the transfer within a timeframe that
will provide the employee sufficient time for preparation;
* * * * *
Sec. 302-2.106 [Amended]
0
51. Amend Sec. 302-2.106 by removing ``his/her designee'' and adding
``their designee'' in its place.
Sec. 302-2.110 [Amended]
0
52. Amend Sec. 302-2.110 by removing from the introductory text ``his/
her effective'' and adding ``the employee's effective'' in its place.
PART 302-3--RELOCATION ALLOWANCES BY SPECIFIC TYPE
0
53. The authority citation for part 302-3 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).
Sec. 302-3.1 [Amended]
0
54. Amend Sec. 302-3.1 by removing from paragraph (c) ``his/her
college'' and adding ``that student trainee's college'' in its place.
0
55. Amend Sec. 302-3.203 by revising the section heading to read as
follows:
Sec. 302-3.203 If I am transferring in the interest of the Government
and my employed immediate family member(s) transfer is not in the
interest of the Government, will those immediate family member(s)
receive relocation allowances?
* * * * *
Sec. 302-3.500 [Amended]
0
56. Amend Sec. 302-3.500 by--
0
a. Removing from paragraph (a) ``violates his/her'' and adding
``violates their'' in its place; and
0
b. Removing from paragraph (d) ``arrange his/her'' and adding ``arrange
their'' in its place.
Sec. 302-3.501 [Amended]
0
57. Amend Sec. 302-3.501 by removing from paragraph (b) ``his/her
benefits'' and adding ``the new appointee's benefits'' in its place.
0
58. Amend Sec. 302-3.502 by--
0
a. Removing from paragraph (b) ``his/her travel expense'' and ``his/her
TCS expenses'' and adding ``the employee's travel expense'' and ``their
TCS expenses'' in their places, respectively; and
0
b. Revising paragraph (c).
The revision reads as follows:
Sec. 302-3.502 What factors should we consider in determining whether
to authorize a TCS for a long-term assignment?
* * * * *
(c) Employee concerns. The long-term assignment of an employee away
from the employee's official station and immediate family may
negatively affect the employee's morale and job performance. Such
negative effects may be alleviated by authorizing a TCS so the employee
can transport their immediate family and/or household goods at
Government expense to the location where the employee will perform the
long-term assignment. You should consider the effects of a long-term
temporary duty travel assignment on an employee when deciding whether
to authorize a TCS.
Sec. 302-3.504 [Amended]
0
59. Amend Sec. 302-3.504 by removing from paragraph (e) ``his/her
relocation'' and adding ``the employee's relocation'' in its place.
0
60. Amend Sec. 302-3.506 by revising the section heading to read as
follows:
Sec. 302-3.506 May we pay relocation expenses if the employee
violates their service agreement?
* * * * *
Sec. 302-3.509 [Amended]
0
61. Amend Sec. 302-3.509 by--
0
a. Removing from paragraph (a) ``his/her service'' and adding ``the
service'' in its place; and
0
b. Removing from paragraph (c) ``his/her relocation'' and adding ``the
employee's relocation'' in its place.
Sec. 302-3.510 [Amended]
0
61. Amend Sec. 302-3.510 by removing ``his/her service'' and adding
``the employee's service'' in its place.
0
62. Amend Sec. 302-3.511 by revising paragraphs (a) and (e) to read as
follows:
Sec. 302-3.511 What must we consider when determining return travel
for immediate family member(s) for compassionate reasons prior to
completion of the service agreement?
* * * * *
(a) The immediate family member(s)' physical or mental health;
* * * * *
(e) A dependent that traveled to post of duty on the employee's
authorized TA and has now reached their 21st birthdate.
[[Page 12255]]
PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION
0
63. The authority citation for part 302-4 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR
13747, 3 CFR, 1971-1975 Comp., p. 586.
0
64. Revise Sec. 302-4.203 to read as follows:
Sec. 302-4.203 How much per diem will my spouse or domestic partner
receive if they accompany me while I am performing PCS travel?
The maximum amount your spouse or domestic partner may receive if
they accompany you while you are performing PCS travel is three-fourths
of your daily per diem rate.
0
65. Revise Sec. 302-4.204 to read as follows:
Sec. 302-4.204 If my spouse or domestic partner does not accompany me
but travels unaccompanied at a different time, what per diem rate will
they receive?
If your spouse or domestic partner does not accompany you but
travels unaccompanied at a different time, they will receive the same
per diem rate to which you are entitled.
PART 302-5--ALLOWANCE FOR HOUSEHUNTING TRIP EXPENSES
0
66. The authority citation for part 302-5 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-5.102 [Amended]
0
67. Amend Sec. 302-5.102 by removing ``his/her circumstances'' and
``he or she will'' and adding ``the employee's circumstances'' and
``the employee will'' in their places, respectively.
PART 302-6--ALLOWANCE FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES
0
68. The authority citation for part 302-6 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-6.2 [Amended]
0
69. Amend Sec. 302-6.2 by removing ``his/her immediate family'' and
adding ``the employee's immediate family'' in its place.
0
70. Amend Sec. 302-6.300 by revising the first sentence to read as
follows:
Sec. 302-6.300 How should we administer the TQSE allowance?
Temporary quarters should be used only if, and only for as long as,
necessary until the employee and/or the employee's immediate family can
move into permanent residence quarters. * * *
0
71. Amend Sec. 302-6.303 by revising paragraph (a) to read as follows:
Sec. 302-6.303 What factors should we consider in determining whether
the TQSE allowance is actually necessary?
* * * * *
(a) The length of time the employee should reasonably be expected
to occupy the employee's residence at the old official station prior to
reporting for duty at the new official station. An employee and the
employee's immediate family should continue to occupy the residence at
the old official station for as long as practicable to avoid the
necessity for temporary quarters.
* * * * *
PART 302-7--TRANSPORTATION AND TEMPORARY STORAGE OF HOUSEHOLD
GOODS, PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT, (PBP&E) AND
BAGGAGE ALLOWANCE
0
72. The authority citation for part 302-7 continues to read as follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-7.1 [Amended]
0
73. Amend Sec. 302-7.1 by removing from paragraph (b) ``his/her
first'' and adding ``their first'' in its place.
Sec. 302-7.201 [Amended]
0
74. Amend Sec. 302-7.201 by removing ``he/she is responsible'' and
adding ``the employee is responsible'' in its place.
PART 302-8--ALLOWANCES FOR EXTENDED STORAGE OF HOUSEHOLD GOODS
(HHG)
0
75. The authority citation for part 302-8 is revised to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR
13747, 3 CFR, 1971-1975 Comp., p. 586.
0
76. Amend Sec. 302-8.2 by revising paragraph (b) to read as follows:
Sec. 302-8.2 What is the purpose of extended storage?
* * * * *
(b) Assigned to isolated locations in CONUS to which you cannot
take or at which you are unable to use your HHG and personal effects
because of the absence of residence quarters at that location;
* * * * *
0
77. Amend Sec. 302-8.402 by revising the section heading, the
introductory text, and paragraph (a) to read as follows:
Sec. 302-8.402 May we allow the employee to determine options in the
preference of the employee's storage?
Yes, the employee may determine options in the preference of the
employee's storage. You may authorize the employee to:
(a) Transport a portion of the employee's HHG to the official
station and store the remainder at Government expense;
* * * * *
PART 302-9--ALLOWANCES FOR TRANSPORTATION AND EMERGENCY OR
TEMPORARY STORAGE OF A PRIVATELY OWNED VEHICLE
0
78. The authority citation for part 302-9 continues to read as follows:
Authority: 5 U.S.C. 5737a; 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O.
11609, as amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-9.1 [Amended]
0
79. Amend Sec. 302-9.1 by removing ``his/her immediate'' and adding
``the employee's immediate'' in its place.
Sec. 302-9.602 [Amended]
0
80. Amend Sec. 302-9.602 by removing ``his/her POV'' and adding
``their POV'' in its place.
PART 302-11--ALLOWANCES FOR EXPENSES INCURRED IN CONNECTION WITH
RESIDENCE TRANSACTIONS
0
81. The authority citation for part 302-11 continues to read as
follows:
Authority: 5 U.S.C. 5738 and 20 U.S.C. 905(c).
Sec. 302-11.106 [Amended]
0
82. Amend Sec. 302-11.106 by removing ``his/her name'' and adding
``that individual's name'' in its place.
0
83. Revise Sec. 302-11.309 to read as follows:
Sec. 302-11.309 What residence transaction expenses are reimbursable
if an employee violates the terms of the service agreement?
If the employee violates their service agreement, no residence
transaction expenses will be paid, and any amounts paid prior to such
violation shall be a
[[Page 12256]]
debt due the United States until they are paid by the employee.
Sec. 302-11.404 [Amended]
0
84. Amend Sec. 302-11.404 by removing from paragraph (e) introductory
text ``his/her payment'' and adding ``the payment'' in its place and
removing from paragraph (f) ``his/her old'' and adding ``the employee's
old'' in its place.
0
85. Amend Sec. 302-11.407 by removing from paragraph (a) ``his/her
financial'' and adding ``the employee's financial'' in its place and
revising paragraph (b).
The revision reads as follows:
Sec. 302-11.407 What documentation must we require the employee to
submit before paying residence transaction expenses?
* * * * *
(b) A copy of the employee's financial documents which prove that
the employee and/or a member(s) of the immediate family received all
proceeds from the sale of the property;
* * * * *
Sec. 302-11.421 [Amended]
0
86. Amend Sec. 302-11.421 by--
0
a. Removing from paragraph (a) ``him/her from completing his/her'' and
adding ``the employee from completing their'' in its place; and
0
b. Removing from paragraph (b) ``his/her transfer'' and adding ``the
employee's transfer'' in its place.
0
87. Revise Sec. 302-11.441 to read as follows:
Sec. 302-11.441 How must we determine if an employee holds equitable
title interest in a property?
To determine if an employee holds equitable title interest in a
property, you must follow the guidelines in Sec. 302-11.405.
PART 302-12--USE OF A RELOCATION SERVICES COMPANY
0
88. The authority citation for part 302-12 continues to read as
follows:
Authority: 5 U.S.C. 5738 and 20 U.S.C. 905(c).
Sec. 302-12.109 [Amended]
0
89. Amend Sec. 302-12.109 by removing ``his/her home'' and adding
``their home'' in its place.
0
90. Revise Sec. 302-12.119 to read as follows:
Sec. 302-12.119 Under a home sale program, may we pay an employee for
losses the employee incurs on the sale of a residence?
No, under a home sale program, you may not pay an employee for
losses the employee incurs on the sale of a residence, but this does
not preclude you reimbursing a relocation services company for losses
incurred while the contractor holds the property.
0
91. Revise Sec. 302-12.120 to read as follows:
Sec. 302-12.120 Under a home sale program, may we direct the
relocation services company to pay an employee more than the fair
market value of the employee's residence?
No, under a home sale program, you may not direct the relocation
services company to pay an employee more than the fair market value (as
determined by the residence appraisal process) of the employee's home.
PART 302-14--HOME MARKETING INCENTIVE PAYMENTS
0
92. The authority citation for part 302-14 continues to read as
follows:
Authority: 5 U.S.C. 5756.
Sec. 302-14.103 [Amended]
0
93. Amend Sec. 302-14.103 by removing from paragraph (b) ``his/her
residence'' and adding ``the employee's residence'' in its place.
PART 302-15--ALLOWANCE FOR PROPERTY MANAGEMENT SERVICES
0
94. The authority citation for part 302-15 continues to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-15.1 [Amended]
0
95. Amend Sec. 302-15.1 by removing ``his/her residence'' and adding
``the employee's residence'' in its place.
Sec. 302-15.70 [Amended]
0
96. Amend Sec. 302-15.70 by--
0
a. Removing from paragraph (d) ``his/her residence'' and adding ``the
employee's residence'' in its place; and
0
b. Removing from paragraph (e) ``his/her mind'' and ``his/her
residence'' and adding ``their mind'' and ``their residence'' in their
places, respectively.
PART 302-16--ALLOWANCE FOR MISCELLANEOUS EXPENSES
0
97. The authority citation for part 302-16 continues to read as
follows:
Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-16.202 [Amended]
0
98. Amend Sec. 302-16.202 by removing from paragraph (f) ``his/her
immediate'' and adding ``the employee's immediate'' in its place.
Sec. 302-16.203 [Amended]
0
99. Amend Sec. 302-16.203 by removing from paragraph (g) ``he/she or a
member of his/her'' and adding ``the employee or a member of the
employee's'' in its place.
PART 302-17--TAXES ON RELOCATION EXPENSES
0
100. The authority citation for part 302-17 continues to read as
follows:
Authority: 5 U.S.C. 5724b; 5 U.S.C. 5738; E.O. 11609, as
amended, 3 CFR, 1971-1975 Comp., p. 586.
Sec. 302-17.44 [Amended]
0
101. Amend Sec. 302-17.44 by removing from the introductory text
``credit on his/her'' and adding ``credit on their'' in its place.
Sec. 302-17.102 [Amended]
0
102. Amend Sec. 302-17.102 by removing from paragraph (b) ``his/her
behalf'' and adding ``the employee's behalf'' in its place.
PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED
WITH THE DEATH OF CERTAIN EMPLOYEES AND FAMILY MEMBERS
0
103. The authority citation for part 303-70 continues to read as
follows:
Authority: 5 U.S.C. 5721-5738; 5741-5742; E.O. 11609, 3 CFR,
1971-1975 Comp., p 586; Presidential Memorandum dated September 12,
2011, ``Delegation Under Section 2(a) of the Special Agent Samuel
Hicks Families of Fallen Heroes Act.''
Sec. 303-70.1 [Amended]
0
104. Amend Sec. 303-70.1 by removing from paragraph (c) ``his/her
actual'' and adding ``the employee's actual'' in its place.
Sec. 303-70.301 [Amended]
0
105. Amend Sec. 303-70.301 by removing ``his/her designated'' and
adding ``their designated'' in its place.
Sec. 303-70.400 [Amended]
0
106. Amend Sec. 303-70.400 by removing ``his/her official'' and adding
``their official'' in its place.
0
107. Amend Sec. 303-70.500 by revising the section heading to read as
follows:
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
the employee's 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?
* * * * *
[[Page 12257]]
0
108. Amend Sec. 303-70.501 by revising the section heading to read as
follows:
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 an OCONUS official station to the employee's new official station
within CONUS?
* * * * *
PART 304-2--DEFINITIONS
0
109. The authority citation for part 304-2 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-2.1 [Amended]
0
110. Amend Sec. 304-2.1 by removing from paragraph (1) of the
definition ``Meeting(s) or similar functions (meeting)'' ``his/her
official'' and adding ``the employee's official'' in its place.
PART 304-3--EMPLOYEE RESPONSIBILITY
0
111. The authority citation for part 304-3 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-3.2 [Amended]
0
112. Amend Sec. 304-3.2 by removing ``his/her spouse'' and adding
``the employee's spouse'' in its place.
PART 304-5--AGENCY RESPONSIBILITIES
0
113. The authority citation for part 304-5 continues to read as
follows:
Authority: 5 U.S.C. 5707; 31 U.S.C. 1353.
Sec. 304-5.3 [Amended]
0
114. Amend Sec. 304-5.3 by removing from paragraph (a) introductory
text ``he/she determines'' and adding ``the approving official
determines'' in its place.
[FR Doc. 2024-02852 Filed 2-15-24; 8:45 am]
BILLING CODE 6820-14-P
