[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Rules and Regulations]
[Pages 71890-71892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30022]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 303-70

[FTR Amendment 2011-07; FTR Case 2011-308; Docket Number 2011-0022, 
Sequence 1]
RIN 3090-AJ21


Federal Travel Regulation (FTR); Payment of Expenses Connected 
With the Death of Certain Employees

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Interim rule with request for comments.

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[[Page 71891]]

SUMMARY: GSA is amending the Federal Travel Regulation (FTR) to 
establish policy for the transportation of the immediate family, 
household goods, personal effects, and one privately owned vehicle of a 
covered employee whose death occurred as a result of personal injury 
sustained while in the performance of the employee's duty as defined by 
the agency.

DATES: Effective date: This interim rule is effective November 21, 
2011.
    Applicability date: This interim rule applies to travel relating to 
employees who died on and after June 9, 2010.
    Comment due date: Interested parties should submit written comments 
to the Regulatory Secretariat on or before January 20, 2012 to be 
considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FTR Amendment 2011-07, FTR 
case 2011-308 by any of the following methods:
     Federal eRulemaking Portals: http://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by inputting ``FTR 
Case 2011-308'' under the heading ``Enter Keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``FTR Case 2011-308.'' Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FTR Case 2011-308'' on your attached document.
     Fax: (202) 501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th 
Floor, Washington, DC 20417.
    Instructions: Please submit comments only and cite FTR Amendment 
2011-07, FTR case 2011-308 in all correspondence related to this case. 
All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT: Rick Miller, Office of Governmentwide 
Policy, Travel Management Policy, at (202) 501-3822 or email at 
rodney.miller@gsa.gov, for clarification of content. For information 
pertaining to status or publication schedules contact the Regulatory 
Secretariat (MVCB) at (202) 501-4755. Please cite FTR Amendment 2011-
07, FTR case 2011-308.

SUPPLEMENTARY INFORMATION:

A. Background

    Pursuant to 5 U.S.C. 5707, the Administrator of General Services is 
authorized to prescribe necessary regulations to implement laws 
regarding Federal employees who travel in the performance of official 
business away from their official stations. Similarly, 5 U.S.C. 5738 
mandates that the Administrator of General Services prescribe 
regulations relating to official relocation. In addition, the 
Presidential Memorandum ``Delegation Under Section 2(a) of the Special 
Agent Samuel Hicks Families of Fallen Heroes Act'', dated September 12, 
2011, published in the Federal Register on September 15, 2011 (76 FR 
57621), delegates to the Administrator of General Services the 
authority to issues regulations under Public Law 111-178, the Special 
Agent Samuel Hicks Families of Fallen Heroes Act, codified at 5 U.S.C. 
5724d, relating to the payment of certain expenses when a covered 
employee dies as a result of injuries sustained in the performance of 
his or her official duties. The overall implementing authority is the 
Federal Travel Regulation (FTR), codified in Title 41 of the Code of 
Federal Regulations, Chapters 300-304 (41 CFR Chapters 300-304).
    This interim rule incorporates language based on Public Law 111-
178, the Special Agent Samuel Hicks Families of Fallen Heroes Act, 
codified at 5 U.S.C. 5724d, to allow agencies to provide for relocation 
of dependents and the household effects of a ``covered employee'' whose 
death occurred as a result of personal injury sustained while in the 
performance of the employee's duty as defined by the agency. The term 
``covered employees'' means: (A) A law enforcement officer, as defined 
in 5 U.S.C. 5541; (B) an employee in or under the Federal Bureau of 
Investigation who is not described in subparagraph (A); and (C) a 
Customs and Border Protection officer, as defined in 5 U.S.C. 8331(31).

B. Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget.

C. Regulatory Flexibility Act

    This interim rule will not have significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the 
revisions are not considered substantive. This interim rule is also 
exempt from Regulatory Flexibility Act per 5 U.S.C. 553(a)(2), because 
it applies to agency management or personnel. However, this interim 
rule is being published to provide transparency in the promulgation of 
Federal policies.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FTR do not impose recordkeeping or information collection 
requirements, or the collection of information from offerors, 
contractors, or members of the public that require the approval of the 
Office of Management and Budget under 44 U.S.C. 3501, et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This interim rule is also exempt from congressional review 
prescribed under 5 U.S.C. 801 since it relates solely to agency 
management and personnel.

List of Subjects in 41 CFR Part 303-70

    Government employees, Relocation, Transportation expenses, and 
Travel.

    Dated: November 2, 2011.
Martha Johnson,
Administrator of General Services.

    For the reasons set forth in the preamble, GSA amends 41 CFR part 
303-70 as set forth below:

PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED 
WITH THE DEATH OF CERTAIN EMPLOYEES AND FAMILY MEMBERS

0
1. The authority citation for 41 CFR part 303-70 is revised to read as 
follows:

    Authority: 5 U.S.C. 5721-5738; 5741-5742; E.O. 11609, 3 CFR, 
1971-1975 Comp., p. 586; Presidential Memorandum dated September 12, 
2011, ``Delegation Under Section 2(a) of the Special Agent Samuel 
Hicks Families of Fallen Heroes Act.''


Sec.  303-70.1  [Amended]

0
2. Amend Sec.  303-70.1 by removing from paragraph (d) the period at 
the end of the sentence and adding ``; or'' in its place; and adding 
paragraph (e) to read as follows:

[[Page 71892]]

Sec.  303-70.1  When must we authorize payment of expenses related to 
an employee's death?

* * * * *
    (e) Performing official duties as determined by the head of agency 
and be a covered employee as provided in Sec.  303-70.700.

0
3. Add Subpart H to read as follows:
Subpart H--Transportation of Immediate Family Members, Baggage, 
Household Goods, and Privately Owned Vehicle for Law Enforcement 
Assignment
Sec.
303-70.700 When an employee dies as a result of personal injury 
sustained while in the performance of the employee's law enforcement 
duties, either on official travel duties away from the official 
station, or at the current official station, must we provide 
transportation for the employee's immediate family, baggage, and 
household goods to an alternate residence destination?
303-70.701 What relocation expenses must we authorize for the 
immediate family under Sec.  303-70.700?
303-70.702 Must we pay transportation costs to return the deceased 
employee's privately owned vehicle (POV) from the temporary duty 
(TDY) location or from an official station OCONUS under Sec.  303-
70.700?

Subpart H--Transportation of Immediate Family Members, Baggage, 
Household Goods, and Privately Owned Vehicle for Law Enforcement 
Assignment


Sec.  303-70.700  When an employee dies as a result of personal injury 
sustained while in the performance of the employee's law enforcement 
duties, either on official travel duties away from the official 
station, or at the current official station, must we provide 
transportation for the employee's immediate family, baggage, and 
household goods to an alternate residence destination?

    Yes, if the head of the agency concerned (or a designee) determines 
that the employee died as a result of personal injury sustained while 
in the performance of the employee's duties, and the employee was:
    (a) A law enforcement officer as defined in 5 U.S.C. 5541;
    (b) An employee in or under the Federal Bureau of Investigation who 
is not described in paragraph (a); or
    (c) A Customs and Border Protection officer as defined in 5 U.S.C. 
8331(31).


Sec.  303-70.701  What relocation expenses must we authorize for the 
immediate family under Sec.  303-70.700?

    If the place where the immediate family will reside is different 
from the place where the immediate family resided at the time of the 
employee's death, and within the United States, then the agency must 
approve the following expenses:
    (a) Transportation of the immediate family;
    (b) Moving of the household goods of the immediate family, 
including transporting, packing, crating, draying, and unpacking, not 
to exceed 18,000 pounds net weight;
    (c) Storage of household goods moved pursuant to paragraph (b) of 
this section, not to exceed 90 days; and
    (d) Transportation of one privately owned motor vehicle.


Sec.  303-70.702  Must we pay transportation costs to return the 
deceased employee's privately owned vehicle (POV) from the temporary 
duty (TDY) location or from an official station OCONUS under Sec.  303-
70.700?

    Yes. The agency must pay costs associated with returning the POV 
from the following:
    (a) TDY location to the employee's permanent official station, if 
the agency had authorized the use of the employee's POV at the TDY 
location as being advantageous to the Government; or
    (b) Official station OCONUS to the employee's former actual 
residence or alternate destination as approved by the agency, if the 
agency determined that the use of the employee's POV was required 
accordance with Chapter 302, Part 302-9 of this title.

[FR Doc. 2011-30022 Filed 11-18-11; 8:45 am]
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