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


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 303-70

[FTR Amendment 2012-07; FTR Case 2011-308; Docket Number 2011-0022, 
Sequence 1]
RIN 3090-AJ21


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

AGENCY: Office of Government-wide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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

DATES: Effective date: November 6, 2012.
    Applicability date: This final rule applies to travel relating to 
employees who died on or after June 9, 2010.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB), 
1275 First Street NE. Washington, DC 20417, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Rick Miller, Office of Government-
wide Policy, Travel and Relocation Policy Division, at (202) 501-3822 
or email at rodney.miller@gsa.gov. Please cite FTR Amendment 2012-07, 
FTR Case 2011-308.

SUPPLEMENTARY INFORMATION: 

A. Background

    Pursuant to 5 U.S.C. 5707, the Administrator of General Services is 
authorized to prescribe necessary regulations to implement laws 
regarding Federal employees who travel in the performance of official 
business away from their official stations. Similarly, 5 U.S.C. 5738 
mandates that the Administrator of General Services prescribe 
regulations relating to official relocation. In addition, the 
Presidential Memorandum, ``Delegation Under Section 2(a) of the Special 
Agent Samuel Hicks Families of Fallen Heroes Act,'' dated September 12, 
2011, published in the Federal Register on September 15, 2011 (76 FR 
57621), delegates to the Administrator of

[[Page 66555]]

General Services the authority to issue regulations under Public Law 
111-178, the Special Agent Samuel Hicks Families of Fallen Heroes Act, 
codified at 5 U.S.C. 5724d, relating to the payment of certain expenses 
when a covered employee dies as a result of injuries sustained in the 
performance of his or her official duties. The overall implementing 
authority is the FTR, codified in Title 41 of the Code of Federal 
Regulations, Chapters 300-304 (41 CFR Chapters 300-304).
    This final rule incorporates language based on Public Law 111-178, 
the Special Agent Samuel Hicks Families of Fallen Heroes Act, codified 
at 5 U.S.C. 5724d, to allow agencies to provide for relocation of 
dependents and the household effects of a ``covered employee'' whose 
death occurred as a result of personal injury sustained while in the 
performance of the employee's duty as defined by the agency. The term 
``covered employees'' means: (A) A law enforcement officer, as defined 
in 5 U.S.C. 5541; (B) an employee in or under the Federal Bureau of 
Investigation who is not described in subparagraph (A), and (C) a 
Customs and Border Protection officer, as defined in 5 U.S.C. 8331(31).

B. Summary of Comments Received

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

C. Executive Orders 12866 and 13563

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

D. Regulatory Flexibility Act

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

E. Paperwork Reduction Act

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

F. Small Business Regulatory Enforcement Fairness Act

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

List of Subjects in 41 CFR Part 303-70

    Government employees, Relocation, Transportation expenses, and 
Travel.

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

Interim Rule Adopted as Final Without Change

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