Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68111

a public hearing was scheduled for 

Thursday, December 2, 2004, at 10 a.m. 

in the IRS Auditorium, Internal Revenue 

Service Building, 1111 Constitution 

Avenue, NW., Washington, DC. The 

subject of the public hearing is proposed 

regulations under section 861 of the 

Internal Revenue Code. The public 

comment period for these proposed 

regulations expired on Tuesday, October 

26, 2004. Outlines of oral comments 

were due on Tuesday, November 12, 

2004. 

The notice of proposed rulemaking 

and notice of public hearing, instructed 

those interested in testifying at the 

public hearing to submit a request to 

speak and an outline of the topics to be 

addressed. As of Wednesday, November 

17, 2004, no one has requested to speak. 

Therefore, the public hearing scheduled 

for Tuesday, December 2, 2004, is 

cancelled.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration).

[FR Doc. 04–25964 Filed 11–22–04; 8:45 am] 

BILLING CODE 4830–01–P

GENERAL SERVICES 

ADMINISTRATION

41 CFR Parts 300–3, 302–2, 302–3, 

302–4, 302–5, 302–6, 302–7, 302–9, 

302–11, and 302–15

[FTR Case 2003–309]

RIN 3090–AH91

Federal Travel Regulation; Relocation 

Allowances

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA).

ACTION: Proposed rule.

SUMMARY: The General Services 

Administration (GSA) Office of 

Governmentwide Policy (OGP) 

continually reviews and adjusts policies 

as a part of its ongoing mission to 

provide policy assistance to the 

Government agencies subject to the 

Federal Travel Regulation (FTR). 

Accordingly, GSA created the 

Relocation Best Practices Committee 

(RBPC) to examine Government 

relocation policy. The RBPC consists of 

Government as well as private sector 

relocation experts and produced a 

complete package of recommendations 

affecting the statutes and regulations 

governing relocation. The following 

proposed FTR changes are the result of 

recommendations from the RBPC from 

benchmarking against private industry, 

and from GSA, representing 

Governmentwide policy interests. The 

proposed changes are intended to keep 

Government relocation practices in line 

with current relocation trends and allow 

for better management of the 

Government relocation programs and 

costs.

DATES: Comments must be received on 

or before January 24, 2005.

ADDRESSES: Submit comments 

identified by FTR case 2003–309 by any 

of the following methods:

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments.

• Agency Web Site: http://

www.gsa.gov/ftr. Click on the FTR Case 

number to submit comments.

• E-mail: ftrcase.2003–309@gsa.gov.

Include FTR case 2003–309 in the 

subject line of the message.

• Fax: 202–501–4067.

• Mail: General Services 

Administration, Regulatory Secretariat 

(V), 1800 F Street, NW., Room 4035, 

ATTN: Laurie Duarte, Washington, DC 

20405.

Instructions: Please submit comments 

only and cite FTR case 2003–309 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http://www.gsa.gov/

ftr, including any personal information 

provided.

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, Room 4035, GS 

Building, Washington, DC, 20405, (202) 

208–7312, for information pertaining to 

status or publication schedules. For 

clarification of content, contact Ed 

Davis, Program Analyst (Team Leader), 

Office of Governmentwide Policy, 

Travel Management Policy, at (202) 

208–7638. Please cite FTR case 2003–

309.

SUPPLEMENTARY INFORMATION:

A. Background

The General Services Administration 

(GSA), Office of Governmentwide Policy 

(OGP), reviews the regulations under its 

purview to address current Government 

relocation needs and incorporate private 

industry policies and best practices, 

where appropriate. Relocation is an area 

that continuously changes. Parts of the 

relocation regulation, such as the 

storage time and temporary quarters 

allowance time should not stand alone 

but be considered in relation to each 

other. Changes such as these need to be 

made as part of a new comprehensive 

relocation regulation.

Much of private industry uses lump 

sum relocation payments for all 

relocation expenses except real estate 

expenses. Thus, temporary quarters, 

miscellaneous expenses, and other 

payments have a small one-time 

administrative cost and do not need to 

be reconciled in a post-payment audit. 

The administrative savings and 

efficiency improvements of such 

systems are clear.

Private industry spends less time on 

its relocation packages because as a rule 

they are tiered, more flexible to handle 

exceptions, and relocation expenses 

rarely extend beyond one year because 

there are no extensions. The focus is on 

getting the transferee settled at the new 

location as fast as possible in permanent 

quarters. The main lesson that the 

Government can learn from 

benchmarking against private industry 

is that expediency is important. 

Currently, the Government permits 

Federal employees to voucher items 

from a move up to 4 years after the 

move (2 years to complete a relocation 

plus a two year extension). This is a 

drain on Federal accounting systems as 

monies must remain allocated to cover 

transactions.

The Travel Management Policy 

Division of OGP examined the issues 

facing agencies and employees in a 

relocation. Through benchmarking 

sessions with private industry as well as 

a RBPC consisting of many agencies’

relocation policy experts, the current 

proposed rules emerged.

B. Proposed Changes

This proposed rule—

• Amends section 300–3.1 to add the 

terms and definitions for ‘‘accompanied 

baggage’’ and ‘‘unaccompanied air 

baggage’’ and change the definitions for 

‘‘Household Goods (HHG)’’ and ‘‘Nonforeign area’’;

• Amends sections 302–2.8, 302–2.9, 

302–2.10, 302–2.11, and 302–2.110 to 

reduce the length of time to complete a 

relocation from two years to one year;

• Further amends sections 302–2.11 

and 302–2.110 to reduce the length of 

time for relocation extensions from two 

years to one year;

• Adds two new sections to part 302–

2, subpart A, and amends section 302–

2.100 to require disclosure statements so 

that the Government will not pay for 

relocation expenses that are paid by 

another Government or private source;

• Adds seven new sections to part 

302–2, subpart B, to define relocation 

programs, relocation payment systems, 

and relocation management reporting 

systems;

• Adds two new sections to part 302–

3, subpart D, relating to separation 

travel timing and extensions;

• Revises section 302–4.300 to reduce 

the mileage rate for relocation to be in 

68112 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 

line with the Internal Revenue Service 

(IRS) relocation reimbursement rates;

• Amends section 302–5.11 to reduce 

the maximum allowable number of days 

for a househunting trip from 10 to 8 

calendar days, to be in line with 

industry practices;

• Amends sections 302–5.13, 302–

5.15, 302–5.16, 302–5.18, 302–5.101, 

302–5.103 (to be redesignated as section 

302–5.104), 302–6.11, 302–6.12, 302–

6.301, and 302–6.304 by replacing the 

term ‘‘fixed amount’’ with the term 

‘‘lump sum’’;

• Revises section 302–5.14;

• Adds a new section to part 302–5, 

subpart B, to establish a threshold for 

determining which mode of 

transportation (POV or common carrier) 

should be authorized for more cost 

efficient househunting trips;

• Revises part 302–6, subpart C, to 

encourage the use of lump sum 

payments because of the administrative 

efficiency as well as the potential for 

cost savings;

• Revises section 302–6.304 to 

explain the factors to consider when 

deciding to offer lump sum payments;

• Adds two new sections to part 302–

6, subpart D, regarding temporary 

quarters subsistence expenses (TQSE) 

payments requiring employees who 

select lump sum TQSE reimbursement 

to certify that TQSE expenses will be 

incurred, and that payment to the 

employee of TQSE lump will be made 

prior to occupancy of temporary 

quarters (TQ);

• Revises section 302–7.2 to clarify 

that the definition of 18,000 pounds net 

weight of household goods does not 

include packing materials;

• Revises section 302–7.4 to include 

an agency option for unaccompanied air 

baggage (UAB) as a part of the 

household goods allowance;

• Adds a new section 302–7.8 to 

clarify where HHG may be temporarily 

stored;

• Revises and redesignates section 

302–7.9 limiting the maximum number 

of days of temporary storage of 

household goods to a total of 150 and 

requiring that the number of days 

allowed parallel the number of days 

allowed for TQSE;

• Revises the new section 302–7.10 to 

reduce the initial temporary storage 

period from 90 to 60 days;

• Revises newly designated section 

302–7.21 specifying the responsibility 

for payment of weight additives;

• Redesignates part 302–7, subpart D, 

as subpart E (Agency Responsibilities) 

and adds a new subpart D (Baggage 

Allowance) to incorporate policies for 

including unaccompanied air baggage in 

the HHG weight allowance for moves 

between CONUS and OCONUS;

• Adds another condition to section 

302–9.301 that agencies must consider 

before authorizing transportation of a 

privately owned vehicle (POV) within 

CONUS to assure that agencies are not 

domestically transporting POV’s when 

the cost of transportation is more than 

the value of the POV;

• Adds a new section to part 302–9, 

subpart F, to limit the number of POV’s 

that may be transported at Government 

expense to two;

• Amends and redesignates sections 

302–9.504 and 302–9.505 to insure that 

agencies are not transporting a POV to 

a post of duty when the cost of 

transportation is more than the value of 

the POV and limits agency shipment of 

a POV to 600 miles or more;

• Amends section 302–11.2 to follow 

guidelines in Internal Revenue Service 

Publication 521, Moving Expenses, for 

relocation by requiring the commute to 

new job location via commonly traveled 

routes from the old residence increase 

by at least 50 miles;

• Revises section 302–11.21 to reduce 

the time limit for submitting claims for 

residence transactions from two years to 

one year;

• Revises section 302–11.22 to reduce 

the time limit for extensions to submit 

claims for residence transactions from 

two years to one year;

• Amends section 302–11.200 by 

revising the introductory paragraph to 

clarify that reimbursement of residence 

transaction expenses is limited to 

amounts customarily charged where the 

residences are located;

• Revises paragraph 302–15.2 to 

correct grammatical error; and

• Revises paragraph 302–15.70 to 

allow for direct payment of property 

management service fees to the 

Government employee, when 

appropriate.

Because of the insertion of several 

new sections in the existing regulation, 

some existing sections will be 

redesignated and therefore, several 

cross-references will also be changed. 

This proposed rule makes those 

changes.

C. Executive Order 12866

GSA has determined that this 

proposed rule is not a significant 

regulatory action for the purposes of 

Executive Order 12866 of September 30, 

1993.

D. Regulatory Flexibility Act

This proposed rule is not required to 

be published in the Federal Register for 

notice and comment; therefore, the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., does not apply.

E. Paperwork Reduction Act

The Paperwork Reduction Act does 

not apply because this proposed rule 

does not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public which require the approval of the 

Office of Management and Budget under 

44 U.S.C. 501 et seq.

F. Small Business Regulatory 

Enforcement Fairness Act

This proposed rule is also exempt 

from congressional review under 5 

U.S.C. 801 since it relates solely to 

agency management and personnel.

List of Subjects in 41 CFR Parts 300–3, 

302–2, 302–3, 302–4, 302–5, 302–6, 302–

7, 302–9, 302–11 and 302–15

Government employees, Travel and 

transportation expenses.

Dated: November 2, 2004.

G. Martin Wagner,

Associate Administrator, Office of 

Governmentwide Policy.

For the reasons set out in this 

preamble, 41 CFR parts 300–3, 302–2, 

302–3, 302–4, 302–5, 302–6, 302–7, 

302–9, 302–11, and 302–15 are 

proposed to be amended as set forth 

below:

PART 300–3—GLOSSARY OF TERMS

1. The authority citation for 41 CFR 

part 300–3 is revised to read as follows:

Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 

U.S.C. 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. 

1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. 

11609, 3 CFR, 1971–1975 Comp., p. 586.

2. Amend section 300–3.1 by—

a. Adding, in alphabetical order, the 

definitions ‘‘Accompanied baggage,’’

‘‘Excess baggage,’’ and ‘‘Unaccompanied 

air baggage (UAB)’’;

b. Amending the definition of 

‘‘Household Goods (HHG)’’ by removing 

‘‘that can fit into a moving van’’ from 

paragraph (l)(v) and adding paragraph 

(l)(vii); and

c. Amending the definition of ‘‘Nonforeign area’’ by removing 

‘‘Commonwealths of Puerto Rico,’’ and 

adding ‘‘Commonwealth of Puerto 

Rico,’’ in its place. 

The added text reads as follows:

§ 300–3.1 What do the following terms 

mean?

Accompanied baggage—Baggage that 

is carried free of charge for a passenger 

on a common carrier. There are weight 

and size limitations depending on the 

common carrier. You should check with 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68113

the common carrier you are traveling on 

for any restrictions.

* * * * *

Excess baggage—Preauthorized/

preapproved baggage carried by a 

passenger on a common carrier that is 

in excess of the weight and size 

limitation that can be carried for free.

* * * * *

Household Goods (HHG) ***

(1) * * *

(vii) Unaccompanied air baggage.

* * * * *

Unaccompanied air baggage (UAB)—

Unaccompanied air baggage includes 

personal items and equipment (i.e., 

pots, pans, light housekeeping items, 

collapsible items (cribs, playpens, baby 

carriages) and other articles required for 

the care of the family that may be 

shipped by air in accordance with 

chapter 302 of this subtitle. Household 

items (i.e., refrigerators, washing 

machines and other major appliances or 

furniture) are not eligible as UAB. UAB 

is used in connection with permanent 

change of station OCONUS, renewal 

agreement travel, and long term 

temporary duty assignments of 30 days 

or more. UAB is subtracted from the 

18,000 pound net weight household 

goods allowance.

* * * * *

PART 302–2—EMPLOYEE ELIGIBILITY 

REQUIREMENTS

3. The authority citation for 41 CFR 

part 302–2 continues to read as follows:

Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).

§ 302–2.8 [Amended]

4. Amend § 302–2.8 by removing ‘‘two 

years’’ and adding ‘‘one year’’ in its 

place.

§ 302–2.9 [Amended]

5. Amend § 302–2.9 by removing ‘‘2–

year’’ and adding ‘‘1–year’’ in its place.

§ 302–2.10 [Amended]

6. Amend § 302–2.10 by removing ‘‘2–

year’’ in both the heading and the text 

and adding ‘‘1–year’’ in its place.

§ 302–2.11 [Amended]

7. Amend § 302–2.11 by removing ‘‘2–

year’’ in both the heading and the text 

and adding ‘‘1–year’’ in its place; and 

removing ‘‘2 additional years’’ and 

adding ‘‘one additional year’’ in its 

place.

8. Revise the undesignated center 

heading appearing immediately before 

§ 302–2.12 to read as follows: 

Service Agreements and Disclosure 

Statement

§§ 302–2.20, 302–2.21, 302–2.22

[Redesignated]

9. Redesignate §§ 302–2.20, 302–2.21, 

and 302–2.22 as §§ 302–2.22, 302–2.23, 

302–2.24, respectively, and move the 

undesignated center heading 

‘‘Advancement of Funds’’ to precede the 

newly designated § 302–2.22.

9a. Add new §§ 302–2.20 and 302–

2.21 to read as follows:

§ 302–2.20 What is a disclosure 

statement?

A disclosure statement is a written 

statement signed by you to your agency 

stating that you, your immediate family, 

or any third party vendor have not and 

will not accept duplicate reimbursement 

for relocation expenses. The statement 

must be signed at the same time as the 

service agreement.

§ 302–2.21 Must I sign a disclosure 

statement?

Yes, you must sign a disclosure 

statement.

Subpart B—Agency Responsibilities

10. Amend § 302–2.100 by removing 

‘‘and’’ at the end of paragraph (e), 

removing the period at the end of 

paragraph (f) and adding ‘‘; and’’ in its 

place, and adding paragraph (g) to read 

as follows:

§ 302–2.100 What internal policies must 

we establish before authorizing a relocation 

allowance?

* * * * *

(g) That all relocating employees are 

required to sign a disclosure statement 

(see §§ 302–2.20 and 302–2.21).

§ 302–2.110 [Amended]

11. Amend § 302–2.110 by removing 

‘‘2–year’’ wherever it appears and 

adding ‘‘1–year’’ in its place.

12. Amend Subpart B by adding a 

new undesignated center heading and 

new §§ 302–2.200, 302–2.205, 302–

2.300, 302–2.305, 302–2.400, and 302–

2.405 to read as follows:

Relocation Programs

§ 302–2.200 What does the Federal 

relocation management program include?

The Federal relocation management 

program includes—

(a) All aspects of the Federal travel 

management program that support 

Federal relocation activities. (See 

§§ 301–73.1 through 301–73.30.) These 

include, but are not limited to, a—

(1) Relocation authorization and claim 

system that implements the related 

requirements of the Federal Travel 

Regulation;

(2) Travel Management System (TMS) 

that provides reservation and ticketing 

support for relocation activities;

(3) Travel payment system for paying 

travel service providers used in support 

of a relocation; and use of all applicable 

contracts and similar arrangements, 

with transportation and lodging 

providers (e.g., Government-contract air 

carriers, rental car companies, trains, 

hotels, etc.) that give preferential rates 

and other benefits to Federal travelers 

on official business.

(b) A relocation payment system for 

paying relocation service providers who 

are not paid from the Travel payment 

system; and

(c) A Relocation Management 

Reporting System that captures and 

reports financial and other relocation 

data required by the biennial Travel 

Survey (see §§ 300–70.1 through 300–

70.4 of this title).

§ 302–2.205 What are agency 

responsibilities to implement the Federal 

relocation management program?

Agencies must—

(a) Designate an authorized 

representative to administer the 

program including the eTravel service 

or your agency’s approved automated 

travel system;

(b) Ensure that you have internal 

policies and procedures in place to 

implement the requirements of this 

chapter; and

(c) Implement a Relocation 

Management Reporting System no later 

than September 30, 2005.

Relocation Payment System

§ 302–2.300 What is a relocation payment 

system?

A relocation payment system 

facilitates the payment of official 

relocation expenses which include, but 

are not limited to—

(a) Issuance and maintenance of 

Government contractor issued 

individually billed charge cards;

(b) Establishment of centrally billed 

accounts for the purchase of travel and 

transportation services;

(c) Issuance of travelers checks; and

(d) Provision of automated-tellermachine (ATM) services worldwide.

§ 302–2.305 How do agencies obtain 

relocation payment system services?

You may obtain relocation payment 

services by—

(a) Participating in GSA’s travel 

payment system;

(b) Participating in another Federal 

agency’s travel payment system services 

program; or

(c) Contracting directly with a travel 

payment system service if your agency 

68114 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 

has contracting authority, and you are 

not a mandatory user of GSA SmartPay 

charge card program.

Note to § 302–2.305: Under the GSA charge 

card program effective November 30, 1998, it 

will be your responsibility to select the 

vendor that will be most beneficial to your 

agency’s travel and transportation needs.

Relocation Management Reporting 

System

§ 302–2.400 How do agencies acquire a 

Relocation Management Reporting System?

You should acquire a Relocation 

Management Reporting System—

(a) As one of the services offered by 

a relocation management company 

under contract with the Federal 

Government;

(b) As a separate service provided by 

third party companies who specialize in 

such relocation management 

information services, or as a service 

provided by another Federal agency; or

(c) You may also use relocation 

reporting capabilities that are included 

with your agency’s financial 

management system, provided that 

those capabilities are sufficient to satisfy 

the data capture and reporting 

requirements of a Relocation 

Management Reporting System. (See 

§ 302–2.200.)

§ 302–2.405 May we obtain an exception 

from the use of a Relocation Management 

Reporting System?

Yes, your agency head may request an 

extension on the implementation 

deadline by writing the Administrator of 

General Services, explaining the reason 

for the delay, and proposing an 

alternative deadline that would be more 

achievable by your agency that is no 

later than September 30, 2006. Requests 

for exceptions should be sent to the 

Office of Govermentwide Policy, Travel 

Management Policy, Room G–219, 

General Services Administration, 1800 F 

Street, NW., Washington, DC 20405.

PART 302–3—RELOCATION 

ALLOWANCE BY SPECIFIC TYPE

13. The authority citation for 41 CFR 

part 302–3 continues to read as follows:

Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a).

§§ 302–3.304 through 302–3.315 

[Redesignated]

14. Redesignate §§ 302–3.304 through 

302–3.315 as §§ 302–3.306, 302–3.307, 

302–3.308, 302–3.309, 302–3.310, 302–

3.311, 302–3.312, 302–3.313, 302–3.314, 

302–3.315, 302–3.316, 302–3.317, 

respectively, and add new §§ 302–3.304 

and 302–3.305 to read as follows:

§ 302–3.304 Is there a time limit by when 

I must begin my relocation travel and 

transportation of household goods upon 

separation?

Yes, all travel and transportation of 

household goods must begin no later 

than six months after—

(a) Your date of separation; or

(b) The date of death of the employee 

who died before separation.

§ 302–3.305 May I be granted an extension 

to the time limit for beginning my 

separation travel?

Yes, your agency may grant you or 

your immediate family member(s) (in 

case of your death) an extension to the 

time limit for beginning your separation 

travel, for up to 2 years from your 

effective date of separation or death, if 

you died before separation.

§ 302–3.306 [Amended]

15. Amend newly redesignated § 302–

3.306 by removing ‘‘§ 302–3.307’’ in the 

introductory paragraph and adding 

‘‘§ 302–3.309’’ in its place.

§ 302–3.307 [Amended]

16. Amend newly redesignated § 302–

3.307 by removing ‘‘§ 302–3.304’’ in 

paragraph (b) and adding ‘‘§ 302–3.306’’

in its place.

§ 302–3.308 [Amended]

17. Amend newly redesignated § 302–

3.308 by removing ‘‘§ 302–3.307’’ in the 

introductory paragraph and adding 

‘‘§ 302–3.309’’ in its place.

PART 302–4—ALLOWANCES FOR 

SUBSISTENCE AND 

TRANSPORTATION

18. The authority citation for 41 CFR 

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, 1971–1973 

Comp., p. 586.

19. Revise § 302–4.300 to read as 

follows:

§ 302–4.300 What is the POV mileage rate 

for PCS travel?

When PCS travel by POV is 

authorized/approved, the mileage 

reimbursement allowance shall not 

exceed that established, in any given 

year, by the IRS for moving expense 

deductions. See IRS Publication 521, 

Moving Expenses, available on the 

Internet at http://www.irs.gov.

PART 302–5—ALLOWANCE FOR 

HOUSEHUNTING TRIP EXPENSES

20. The authority citation for 41 CFR 

part 302–5 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, 1971–1973 

Comp., p. 586.

§ 302–5.11 [Amended]

21. Amend § 302–5.11 by removing 

‘‘10’’ and adding ‘‘8’’ in its place.

§ 302–5.13 [Amended]

22. Amend § 302–5.13 by removing 

‘‘fixed amount’’ wherever it appears and 

adding ‘‘lump sum’’ in its place.

23. Revise § 302–5.14 to read as 

follows:

§ 302–5.14 What transportation expenses 

will my agency pay?

(a) Your agency will authorize you to 

travel by any transportation mode (e.g., 

common carrier or POV) it determines 

to be advantageous to the Government. 

Your agency will pay for your 

transportation expenses by the 

authorized mode. If you travel by any 

other mode, your agency will pay your 

transportation expenses not to exceed 

the cost of transportation by the 

authorized mode. Generally, trips of 

under 250 miles will only be 

reimbursed for POV mileage and only at 

the rate prescribed in § 302–4.300 of this 

chapter.

(b) Unless the agency performs a 

written cost comparison proving cost 

savings, only common carrier will be 

authorized for trips with a distance 

greater than 250 miles.

§ 302–5.15 [Amended]

24. Amend § 302–5.15 by removing 

‘‘fixed amount’’ wherever it appears and 

adding ‘‘lump sum’’ in its place.

§ 302–5.16 [Amended]

25. Amend § 302–5.16 by removing 

‘‘§ 302–2.20’’ and adding ‘‘§§ 302–2.21 

and 302–2.22’’ in its place; and by 

removing ‘‘fixed amount’’ wherever it 

appears and adding ‘‘lump sum’’ in its 

place.

§ 302–5.18 [Amended]

26. Amend § 302–5.18 by removing 

‘‘fixed amount’’ in the section heading 

and adding ‘‘lump sum’’ in its place; 

and removing ‘‘fixed’’ in the section text 

and adding ‘‘lump sum’’ in its place.

§ 302–5.101 [Amended]

27. Amend § 302–5.101 by removing 

‘‘fixed amount’’ wherever it appears and 

adding ‘‘lump sum’’ in its place.

§ 302–5.103 [Redesignated]

28. Redesignate § 302–5.103 as § 302–

5.104 and add a new § 302–5.103 to read 

as follows:

§ 302–5.103 What modes of transportation 

may we authorize for a househunting trip?

(a) When the new official station is 

less than 250 miles from the old official 

station, you should only authorize the 

use of the employee’s POV for a 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68115

househunting trip (HHT) and 

reimbursement for POV mileage at the 

rate prescribed in this part.

(b) When the new official station is 

250 miles or more from the old official 

station, you may authorize the use of the 

common carrier transportation or POV 

for a househunting trip, whichever is 

most advantageous to the Government. 

Reimbursement for the related 

transportation costs is prescribed in part 

302–5 of this chapter.

(c) Exceptions for this rule may be 

granted by the agency when an 

employee or immediate family 

member(s) has special circumstances 

requiring an exception (see § 303–13).

§ 302–5.104 [Amended]

29. Amend newly redesignated § 302–

5.104 by removing ‘‘fixed amount’’

wherever it appears and adding ‘‘lump 

sum’’ in its place.

PART 302–6—ALLOWANCE FOR 

TEMPORARY QUARTERS 

SUBSISTENCE EXPENSES (TQSE)

30. The authority citation for 41 CFR 

part 302–6 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, 1971–1973 

Comp., p. 586.

§§ 302–6.11 and 302–6.12 [Amended]

31. Amend §§ 302–6.11 and 302–6.12 

by removing ‘‘fixed amount’’ wherever 

it appears and adding ‘‘lump sum’’ in its 

place.

§ 302–6.15 [Amended]

32. Amend § 302–6.15 by removing 

‘‘§ 302–2.20’’ and adding ‘‘§§ 302–2.21, 

302–2.22, and 302–2.23’’ in its place.

33. Revise § 302–6.100 to read as 

follows:

§ 302–6.100 What am I paid under the 

actual TQSE reimbursement method?

Your agency will pay your actual 

TQSE incurred, provided the expenses 

are reasonable and do not exceed the 

maximum allowable amount. The 

‘‘maximum allowable amount’’ is the 

‘‘maximum daily amount’’ multiplied 

by the number of days you actually 

incur TQSE not to exceed the number of 

days authorized, taking into account 

that the rates decrease after the first 30 

days. The ‘‘maximum daily amount’’ is 

determined by adding the rates in the 

following table for you and each 

member of your immediate family 

authorized to occupy temporary 

quarters:

For 

The ‘‘maximum daily amount’’ of TQSE under the actual expense method that—

You and your unaccompanied 

spouse1 may each receive is—

Your accompanied spouse or a member of your immediate family age 12 

or older may each receive is—

Any member of your immediate family 

under age 12 may each receive is—

Day 1 to Day 30 ....... 100% x the applicable per diem rate. 75% x the applicable per diem rate. 50% x the applicable per diem rate.

Day 31 to Day 120 ... 55% x the applicable per diem rate. 40% x the applicable per diem rate. 30% x the applicable per diem rate.

1 (That is, when the spouse necessarily occupies temporary quarters in lieu of the employee or in a location separate from the employee.)

34. Revise subpart C, consisting of 

§§ 302–6.200 through 302–6.204 to read 

as follows:

Subpart C—Lump Sum Payment

§ 302–6.200 What am I paid under the lump 

sum payment reimbursement method?

If your agency offers and you select 

the lump sum TQSE payment, you are 

paid a lump sum for each day 

authorized up to 30 days. No extensions 

are allowed under the lump sum 

payment.

§ 302–6.201 How do I determine the 

amount of my lump sum payment?

(a) Multiply the number of days your 

agency authorizes TQSE by the 

maximum per diem rate (i.e., lodging 

plus meals and incidental expenses) 

prescribed in FTR Per Diem Bulletin for 

the locality i.e., the old or new official 

station or combination thereof, where 

temporary quarters will be occupied.

(b) For each member of your 

immediate family, multiply the same 

number of days by .25 times the same 

per diem rate.

(c) Your payment will be the sum of 

the calculations in paragraphs (a) and 

(b).

§ 302–6.202 Will I receive additional TQSE 

reimbursement if my lump sum payment is 

not adequate to cover my actual TQSE?

No, you will not receive additional 

TQSE reimbursement if the lump sum 

payment is not adequate to cover your 

actual TQSE.

§ 302–6.203 May I retain any balance left 

over from my TQSE lump sum payment if 

such payment is more than adequate?

Yes, if your lump sum TQSE payment 

is more than adequate to cover your 

actual TQSE expenses, any balance 

belongs to you.

Note to § 302–6.203: For example, if your 

agency authorizes and you accept a lump 

sum payment for 15 days of TQSE and you 

vacate temporary quarters after 10 days for 

any reason, you would retain the remaining 

balance for the 5 days of TQSE not incurred.

§ 302–6.204 Am I required to file a voucher 

for TQSE if I selected the lump sum 

payment?

No, the intent of the lump sum 

payment is to simplify the process and 

eliminate the need for filing a voucher, 

however, your agency may request proof 

that you actually occupied temporary 

quarters and in the absence of sufficient 

proof, demand repayment of the TQSE 

lump sum payment in accordance with 

§ 302–6.305.

§ 302–6.301 [Amended]

34a. Amend § 302–6.301 by removing 

‘‘fixed amount’’ wherever it appears and 

adding ‘‘lump sum’’ in its place.

35. Revise § 302–6.304 to read as 

follows:

§ 302–6.304 What factors should we 

consider in determining whether to offer an 

employee the lump sum payment option for 

TQSE?

When determining whether to offer an 

employee the lump sum payment option 

for TQSE, the following factors should 

be considered:

(a) Ease of administration. A lump 

sum for TQSE is paid to the employee 

prior to the occupancy of temporary 

quarters, and the voucher review 

process is eliminated under this 

method. Actual TQSE reimbursement 

requires an agency to review claims and 

receipts for the validity, accuracy, and 

reasonableness of each expense amount.

(b) Cost consideration. You must 

weigh the cost of each alternative. 

Actual TQSE reimbursement may 

extend up to 120 consecutive days, 

while the lump sum payment is limited 

to a maximum of 30 days.

(c) Treatment of employee. The 

employee is allowed to choose between 

actual TQSE reimbursement and the 

lump sum TQSE payment when you 

68116 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 

offer the lump sum TQSE payment 

method. You therefore should weigh 

employee morale and productivity 

considerations against actual cost 

considerations in determining which 

method to offer.

§ 302–6.305 [Redesignated as § 302–6.307]

36. Redesignate § 302–6.305 as § 302–

6.307.

37. Add new §§ 302–6.305 and 302–

6.306 to read as follows:

§ 302–6.305 Must we require transferees to 

sign a statement that TQSE was incurred?

Yes, transferees electing the lump 

sum TQSE reimbursement option must 

sign a statement that they will occupy 

temporary quarters and incur TQSE 

expenses. If no TQSE expenses are 

incurred, all monies advanced for the 

lump sum TQSE payment must be 

returned to the agency. You must not 

authorize lump sum TQSE for 

employees who do not need temporary 

quarters.

§ 302–6.306 When must we make the lump 

sum TQSE payment to the transferee?

You must pay the transferee the lump 

sum TQSE payment prior to the 

occupancy of temporary quarters.

PART 302–7—TRANSPORTATION AND 

TEMPORARY STORAGE OF 

HOUSEHOLD GOODS AND 

PROFESSIONAL BOOKS, PAPERS, 

AND EQUIPMENT (PBP&E)

38. The authority citation for 41 CFR 

part 302–7 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, 1971–1973 

Comp., p. 586.

§ 302–7.1 [Amended]

39. Amend § 302–7.1 by removing 

‘‘§ 302–3.304’’ from paragraph (d) and 

adding ‘‘§ 302–3.306’’ in its place.

40. Revise § 302–7.2 to read as 

follows:

§ 302–7.2 What is the maximum weight of 

HHG that may be transported or stored at 

Government expense?

By statue, the maximum weight 

allowance of HHG that may be shipped 

or stored at Government expense is 

18,000 pounds net weight. The HHG net 

weight is determined by subtracting 10 

percent from the shipment net weight as 

shown on the shipping documents to 

reflect the weight of packing materials.

41. Revise section 302–7.4 to read as 

follows:

§ 302–7.4 Does the weight of any 

professional books, papers and equipment 

(PBP&E) or Unaccompanied Air Baggage 

(UAB) count against the 18,000 pound HHG 

weight limitation?

(a) Yes, the weight of any PBP&E and 

UAB (see subpart D of this part) is 

generally part of and not in addition to 

the 18,000 pounds net HHG weight 

limitation. However, if the weight of any 

PBP&E causes the lot to exceed 18,000 

pounds net weight, the excess weight of 

the PBP&E may be transported to the 

new duty station as an administrative 

expense of the agency. To the extent 

possible for ease of administration, the 

PBP&E items should be included as part 

of the HHG shipment. Only in the case 

of an overweight shipment should a 

separate administrative expense be 

charged to the agency, and only for the 

overweight portion of the shipment. 

Authorization for such shipment is 

granted solely at the discretion of the 

agency and subject to its policies 

governing such shipment. (See 

definition of PBP&E in § 300–3.1 of this 

subtitle.)

(b) If PBP&E are included with an 

HHG shipment and cause an overweight 

condition, you must identify this fact 

and the total weight of the PBP&E, so 

that your agency is made aware of this 

situation and determine whether or not 

to approve the shipment of the 

overweight PBP&E.

§§ 302–7.8 through 302–7.20

[Redesignated]

42. Redesignate §§ 302–7.8 through 

302–7.20 as §§ 302–7.9, 302–7.10, 302–

7.11, 302–7.12, 302–7.13, 302–7.14, 

302–7.15, 302–7.16, 302–7.17, 302–7.18, 

302–7.19, 302–7.20, 302–7.21, 

respectively, and add a new § 302–7.8 to 

read as follows:

§ 302–7.8 At what location may my HHG be 

temporarily stored?

Your HHG may be placed in 

temporary storage at origin, in transit, at 

destination, or any combination thereof 

upon agency approval.

43. Revise newly redesignated § 302–

7.9 to read as follows:

§ 302–7.9 Is there a time limit for the 

temporary storage of an authorized HHG 

shipment?

(a) The initial period of temporary 

storage at Government expense shall not 

exceed 60 days in connection with any 

authorized HHG shipment. However, 

upon your written request, up to an 

additional 90 days may be authorized by 

the designated agency official. In no 

case may the maximum time limit for 

temporary storage exceed 150 days.

(b) The number of days authorized for 

HHG storage must coincide with the 

number of days authorized for TQSE. 

For example, if TQSE is authorized for 

60 days, storage of HHG must be equal 

to the number of days authorized for 

TQSE plus a reasonable number of days 

for delivery from the storage location 

(not to exceed 14 days).

§ 302–7.10 [Amended]

44. Amend newly redesignated § 302–

7.10 by removing ‘‘90–day’’ and adding 

‘‘60–day’’ in its place in the section 

heading and introductory paragraph.

45. Revise newly redesignated § 302–

7.16 to read as follows:

§ 302–7.16 Must I use the method selected 

by my agency for transporting my HHG, 

PBP&E and temporary storage?

No, you do not have to use the 

method selected (§ 302–7.301) by your 

agency for transporting your HHG, 

PBP&E and temporary storage. You may 

pursue other methods. However, your 

reimbursement is limited to the actual 

cost incurred, not to exceed what the 

Government would have incurred under 

the method selected by your agency.

46. Revise newly redesignated § 302–

7.21 to read as follows:

§ 302–7.21 If my HHG shipment includes 

an item (e.g., boat, trailer, ultralight vehicle) 

for which a weight additive is assessed by 

the HHG carrier, am I responsible for 

payment?

Yes, you are responsible for the 

shipping charges resulting from the 

weight additive as well as any special 

packing, crating, and handling of the 

weight additive items. If your HHG 

shipment includes an item (e.g., boat or 

trailer) for which a weight additive is 

assessed by the HHG carrier (as 

prescribed in applicable tariffs), only 

the actual weight of the item and not the 

weight additive is included in the 

computation of the maximum weight 

prescribed in § 302–7.2. (For example,

when a weight additive of 700 pounds 

is imposed by a HHG carrier on a 65–

pound canoe, only the 65 pounds is 

charged against the employee’s 18,000 

pounds net weight allowance). See 

§ 302–7.200 on how charges are paid 

and who makes the shipping 

arrangements.

47. Revise subpart D and add a new 

subpart E to read as follows:

Subpart D—Baggage Allowance

302–7.300 When may I be authorized a 

UAB shipment?

302–7.301 Is my UAB shipment in addition 

to the 18,000 pounds net weight of HHG 

weight allowance?

302–7.302 What is the maximum weight 

allowance for a UAB shipment?

302–7.303 When may my agency authorize 

the shipment of UAB?

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68117

302–7.304 Is there a time limit for 

shipment of my UAB?

302–7.305 Who makes arrangements for 

transporting my UAB?

Subpart E—Agency Responsibilities

302–7.400 What policies and procedures 

must we establish for this part?

302–7.401 What method of transportation 

should we authorize for shipment of 

HHG and temporary storage?

302–7.402 What method of transportation 

should we authorize for shipment of 

PBP&E and UAB?

302–7.403 What guidelines must we follow 

when authorizing transportation of 

PBP&E as an administrative expense?

302–7.404 When HHG are shipped under 

the actual expense method and PBP&E 

are shipped as an administrative expense 

in the same lot, are separate weight 

certificates required?

302–7.405 How must we arrange 

transportation of HHG and UAB?

Subpart D—Baggage Allowance

§ 302–7.300 When may I be authorized a 

UAB shipment?

You may be authorized a UAB 

shipment prior to transferring from a 

CONUS location to an OCONUS 

location, between OCONUS locations, 

and from an OCONUS location to a 

CONUS location.

§ 302–7.301 Is my UAB shipment in 

addition to the 18,000 pounds net weight of 

HHG weight allowance?

No, the UAB shipment is part of, not 

in addition to, the 18,000 pounds net 

weight allowance for HHG.

§ 302–7.302 What is the maximum weight 

allowance for a UAB shipment?

The maximum weight allowance for a 

UAB shipment is—

(a) 350 pounds net weight for the 

employee and for each immediate 

family member 12 years of age and over; 

or

(b) 175 pounds net weight for each 

immediate family member under 12 

years of age.

§ 302–7.303 When may my agency 

authorize the shipment of UAB by expedited 

means?

Your agency may authorize the 

shipment of UAB by expedited means 

when—

(a) Shipment by a lower cost mode 

cannot provide the required service, or

(b) You certify that your UAB is 

necessary to carry out your assigned 

duties, or

(c) Your agency determines that an 

expedited shipment is necessary to 

prevent undue hardship to you and 

members of your immediate family.

§ 302–7.304 Is there a time limit for 

shipment of my UAB?

Yes, your UAB must be shipped prior 

to your departure from your old duty 

station to ensure that your shipment 

arrives by the time you report to your 

new duty station. Arrangements should 

begin prior to your departure to your 

new duty station.

§ 302–7.305 Who makes arrangements for 

transporting my UAB?

Your agency or your agency’s 

designee should arrange for the 

transport of your UAB.

Subpart E—Agency Responsibilities

Note to subpart E: Use of pronouns ‘‘we’’, 

‘‘you’’, and their variants throughout this 

subpart refers to the agency.

§ 302–7.400 What policies and procedures 

must we establish for this part?

You must establish policies and 

procedures as required for this part, 

including who will—

(a) Administer your household goods 

program;

(b) Authorize PBP&E to be transported 

as an agency administrative expense;

(c) Authorize an employee to ship 

UAB;

(d) Authorize temporary storage in 

excess of the initial 60–day limit;

(e) Collect any excess cost or charges;

(f) Advise the employee on the 

Government’s liability for any loss and 

damage claims under 31 U.S.C. 3721–

3723; and

(g) Ensure that international HHG 

shipments by water are made on ships 

registered under the laws of the United 

States whenever such ships are 

available.

§ 302–7.401 What method of 

transportation should we authorize for 

shipment of HHG and temporary storage?

There are two methods of transporting 

HHG and providing for temporary 

storage, actual expense and commuted 

rate. As a general rule, you should 

authorize the method that is less costly 

to the Government. The selected method 

should be stated on the relocation travel 

authorization. Additional 

considerations that might affect your 

choice of method are:

(a) Actual Expense Method. Under the 

actual expense method, the Government 

assumes the responsibility for arranging 

and paying for the actual expenses of all 

aspects of transporting the employee’s 

HHG, including PBP&E (e.g., packing/

unpacking, pickup/delivery, weighing, 

line-haul, drayage, temporary storage, 

etc.). This method is used for all 

shipments OCONUS and within 

CONUS, where deemed economical to 

the Government.

(b) Commuted Rate System. Under the 

commuted rate system, the employee 

assumes total responsibility for 

arranging and paying for the following 

services: Packing/unpacking, crating/

uncrating, pickup/delivery, weighing, 

line-haul, drayage, and temporary 

storage of the employee’s HHG 

(including PBP&E) with a commercial 

HHG carrier or by renting self drive 

equipment for a do-it-yourself move. 

The commuted rate is calculated based 

on published freight tariffs applied to 

the actual weight of the goods being 

shipped (subject also to the weight 

limitation in § 302–7.2). The commuted 

rate method may be used in lieu of the 

actual expense method for relocation or 

first duty station assignment within 

CONUS, as long as using this method is 

less expensive than using the actual 

expense method. If PBP&E make the 

weight of a shipment under the 

commuted rate method go over the 

18,000 net weight limit for HHE, then 

the actual cost of shipping that excess 

weight must be paid as an 

administrative expense of the agency. In 

this case, all related transportation 

arrangements (e.g., packing/unpacking, 

pickup/delivery, weighing, temporary 

storage, etc.) associated with shipping 

this excess weight will be handled and 

paid for by your agency.

§ 302–7.402 What method of 

transportation should we authorize for 

shipment of PBP&E and UAB?

You should authorize the actual 

expense method for transporting an 

employee’s PBP&E only when the 

weight of the PBP&E causes the 

employee’s shipment to exceed the 

maximum 18,000 pounds net HHG 

weight limitation and in accordance 

with § 302–7.403. PBP&E and UAB 

should be weighed prior to shipment, if 

necessary, so the weight can easily be 

deducted from the 18,000 pounds net 

weight allowance. The PBP&E shipment 

should then be made separate from the 

HHG shipment and is an administrative 

expense to your agency if your agency 

authorized PBP&E and the PBP&E 

caused the HHG shipment to go 

overweight.

§ 302–7.403 What guidelines must we 

follow when authorizing transportation of 

PBP&E as an administrative expense?

You have the sole discretion to 

authorize transportation of PBP&E as an 

administrative expense and may do so 

provided that—

(a) An itemized inventory of PBP&E is 

provided for review by the authorizing 

official at the new official station;

68118 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 

(b) The authorizing official at the new 

official station has certified that the 

PBP&E are necessary for performance of 

the employee’s duties at the new duty 

station, and if these items were not 

transported, the same or similar items 

would have to be obtained at 

Government expense for the employee’s 

use at the new official station; and

(c) You have acquired evidence that 

transporting the PBP&E would cause the 

employees’ HHG to exceed the 18,000 

pounds maximum net weight 

allowance.

§ 302–7.404 When HHG are shipped under 

the actual expense method and PBP&E are 

shipped as an administrative expense in the 

same lot, are separate weight certificates 

required?

Yes, separate weight certificates are 

required. The weight of PBP&E and the 

administrative appropriation chargeable 

must be listed as separate items on the 

bill of lading or other shipping 

document.

§ 302–7.405 How must we arrange 

transportation of HHG and UAB?

When arranging transportation of 

HHG and UAB, you should—

(a) Determine the constructive cost of 

transporting HHG plus UAB, not to 

exceed 18,000 pounds net weight in one 

lot by the most economical means and 

limit the employee’s HHG 

transportation payment to such 

constructive cost;

(b) Make arrangements for 

transporting the employee’s UAB under 

the appropriate bill of lading with direct 

payment by the agency; and

(c) Advise employees of this 

relocation entitlement limitation and its 

potential to result in out-of-pocket 

expenses to the employee. Advise 

employees that they will have to use 

their personal funds to pay for 

transporting HHG (including UAB) in 

excess of 18,000 pounds net weight.

48. Add Appendix A to part 302–7 as 

follows:

Appendix A to Part 302–7—How to 

Calculate a Constructive Cost

An employee is authorized temporary duty 

(TDY) in Dallas, TX, from his/her permanent 

duty station in Washington, DC.

Employee is authorized to travel by 

commercial air; however, employee elects to 

travel by privately owned vehicle (POV) (not 

authorized). Maximum per diem rate for 

Dallas, TX, at the time of the TDY 

assignment, $142.00 ($95.00 maximum 

lodging plus $47.00 (meals and incidental 

expenses (M&IE)). Actual lodging cost at 

Dallas, TX, was $85.00.

TOTAL CONSTRUCTED TRAVEL COST BY COMMON CARRIER

Round-trip air coach ticket (city-pair fare paid by Government) = ............................................................................................................ $355.71

Taxi fare residence to airport = ................................................................................................................................................................. $35.00

Taxi fare airport to hotel = ......................................................................................................................................................................... $25.00

First Day - travel to Dallas: 75% of M&IE rate for Dallas, plus lodging cost = $35.25 (75% x $47.00) plus $85.00 lodging cost = ...... $120.25

Three full days TDY in Dallas: 3 days x $132.00 ($85.00 lodging + $47.00 M&IE) = ............................................................................. $396.00

Last Day - return to PDS Washington, DC: 75% of M&IE rate for Dallas, TX = (75% X $47.00) = ........................................................ $35.25

Lodging Taxes in Dallas (13%) = .............................................................................................................................................................. $44.20

Taxi fare hotel to airport = ......................................................................................................................................................................... $25.00

Taxi fare airport to residence = ................................................................................................................................................................. $35.00

Total constructed cost by common carrier = ............................................................................................................................................. $1,071.41

PART 302–9—ALLOWANCES FOR 

TRANSPORTATION AND EMERGENCY 

STORAGE OF A PRIVATELY OWNED 

VEHICLE

49. The authority citation for 41 CFR 

part 302–9 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, 1971–1973 

Comp., p. 586.

§ 302–9.140 [Amended]

50. Amend § 302–9.140 in paragraph 

(a) by removing ‘‘§ 302–9.503’’ and 

adding ‘‘302–9.504’’ in its place.

§ 302–9.170 [Amended]

51. Amend § 302–9.170 by removing 

‘‘302–9.503’’ in paragraph (d) and 

adding ‘‘302–9.504’’ in its place.

52. Amend § 302–9.301 by removing 

‘‘and’’ at the end of paragraph (b), 

removing the period at the end of 

paragraph (c) and adding ‘‘;’’ in its 

place, and adding paragraphs (d) and (e) 

to read as follows:

§ 302–9.301 Under what conditions may 

my agency authorize transportation of my 

POV within CONUS?

* * * * *

(d) Your agency must determine that 

the cost of transporting your POV is not 

greater than the value of your POV; and

(e) The distance to be shipped is 600 

miles or more.

53. Revise § 302–9.302 to read as 

follows:

§ 302–9.302 How many POV’s may I be 

authorized to transport within CONUS?

You may be authorized to transport 

up to two POV’s within CONUS at 

Government expenses under this 

subpart, provided your agency 

determines such transportation is 

advantageous and cost effective to the 

Government in accordance with § 302–

9.301.

§§ 302–9.501 through 302–9.505

[Redesignated]

54. Redesignate §§ 302–9.501 through 

302–9.505 as §§ 302–9.502, 302–9.503, 

302–9.504, 302–9.505, 302–9.506, 

respectively, and add a new § 302–9.501 

to read as follows:

§ 302–9.501 How many POV’s may we 

authorize for transporting at Government 

expense?

You may authorize transportation of 

up to two POV’s at Government 

expense.

§ 302–9.504 [Amended]

55. Amend newly designated § 302–

9.504 by removing the reference to 

‘‘§ 302–9.504’’ and adding ‘‘§ 302–

9.505’’ in its place.

56. Amend newly designated § 302–

9.505 by removing ‘‘and’’ at the end of 

paragraph (c), removing the period at 

the end of paragraph (d) and adding ‘‘; 

and’’ in its place, and adding paragraph 

(e) to read as follows:

§ 302–9.505 What factors must we 

consider in deciding whether to authorize 

transportation of a POV to a post of duty?

* * * * *

(e) Cost of transporting the POV to the 

new duty station will be greater than the 

value of the POV.

57. Amend newly designated § 302–

9.506 by removing the period at the end 

of paragraph (d) and adding ‘‘; and’’ in 

its place, and adding paragraph (e) to 

read as follows:

§ 302–9.506 What must we consider in 

determining whether transportation of a 

POV within CONUS is cost effective?

* * * * *

(e) Cost of transporting the POV to the 

new duty station will be greater than the 

value of the POV.

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Proposed Rules 68119

PART 302–11—ALLOWANCES FOR 

EXPENSES INCURRED IN 

CONNECTION WITH RESIDENCE 

TRANSACTIONS

58. The authority citation for 41 CFR 

part 302–11 continues to read as 

follows:

Authority: 5 U.S.C. 5738 and 20 U.S.C. 

905(c).

59. Amend § 302–11.2 by removing 

the period at the end of paragraph (b)(2) 

and adding ‘‘; and’’ in its place, and 

adding paragraphs (c) and (d) to read as 

follows:

§ 302–11.2 Am I eligible to receive an 

allowance for expenses incurred in 

connection with my residence 

transactions?

* * * * *

(c) For this allowance to be tax 

deductible, your commute from the old 

residence to the new duty station by 

commonly traveled routes must increase 

by at least 50 miles. (See Internal 

Revenue Service Publication 521, 

Moving Expenses.) However, the head 

of your agency or designee may 

authorize an exception to the 50–mile 

threshold on a case-by-case basis when 

he/she determines that it is in the best 

interest of the Government. If such an 

exception is authorized, however, this 

allowance is not tax deductible.

(d) Any relocation must be incident to 

the transfer and not for the convenience 

of the employee.

§ 302–11.21 [Amended]

60. Amend § 302–11.21, in the second 

sentence, by removing ‘‘two years’’ and 

adding ‘‘one year’’ in its place.

61. Revise § 302–11.22 to read as 

follows:

§ 302–11.22 May the 1–year time limitation 

be extended by my agency?

Yes, your agency may extend the 1–

year limitation for up to one additional 

year for reasons beyond your control 

and acceptable to your agency.

62. Amend § 302–11.200 by revising 

the introductory paragraph to read as 

follows:

§ 302–11.200 What residence transaction 

expenses will my agency pay?

Your agency will reimburse you for 

residence transaction expenses not to 

exceed those customarily charged in the 

locality where the residence is located. 

Provided that they are customarily paid 

by the seller of a residence at the old 

official station or by the purchaser of a 

residence at the new official station, 

your agency will pay the following 

expenses:

* * * * *

PART 302–15—ALLOWANCE FOR 

PROPERTY MANAGEMENT SERVICES

63. The authority citation for 41 CFR 

part 302–15 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, 1971–1973 

Comp., p. 586.

64. Revise § 302–15.2 to read as 

follows:

§ 302–15.2 What are the purposes of the 

property management services allowance?

The purposes of the property 

management allowance are—

(a) To reduce overall Government 

relocation costs by using the property 

management allowance in place of the 

allowances for the sale of the 

employee’s residence; and

(b) To relieve employees transferred 

OCONUS from the costs of maintaining 

a home in the United States during their 

tour of duty.

65. Revise § 302–15.70 to read as 

follows:

§ 302–15.70 What governing policies must 

we establish for the allowance for property 

management services?

You must establish policies and 

procedures governing—

(a) When you will authorize payment 

for property management services for an 

employee who transfers in the interest 

of the Government;

(b) When it is appropriate to authorize 

this service on a reimbursable basis to 

the employee, rather than paying the 

property management company directly 

as long as any reimbursement is limited 

to the agency negotiated rate for this 

service or lower;

(c) Who will determine, for 

relocations to official duty stations in 

the United States, whether payment for 

property management services is more 

advantageous and cost effective than 

sale of an employee’s residence at 

Government expense;

(d) If and when you will allow an 

employee who was offered and accepted 

payment for property management 

services to change his/her residence at 

Government expense in accordance 

with paragraph (e) of this section; and

(e) How you will offset expenses you 

have paid for property management 

services against payable expenses for 

sale of the employee’s residence when 

an eligible employee who elected 

payment for property management 

services later changes his/her mind and 

elects instead to sell his/her residence at 

Government expense.

[FR Doc. 04–25890 Filed 11–22–04; 8:45 am]

BILLING CODE 6820–14–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 622

[Docket No. 040804227–4227–01; I.D. 

072604A]

RIN 0648–AP02

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Rebuilding Plan

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS issues proposed 

regulations to implement Amendment 

22 to the Fishery Management Plan 

(FMP) for the Reef Fish Resources of the 

Gulf of Mexico (Amendment 22) 

prepared by the Gulf of Mexico Fishery 

Management Council (Council). These 

proposed regulations would provide the 

regulatory authority to implement a 

mandatory observer program for 

selected commercial and for-hire 

(charter vessel/headboat) vessels in the 

Gulf of Mexico reef fish fishery. The 

observer program would be an 

important component of a standardized 

methodology to collect bycatch 

information in the fishery. In addition, 

consistent with the requirements of the 

Magnuson-Stevens Act, Amendment 22 

would establish a stock rebuilding plan, 

biological reference points, and stock 

status determination criteria for red 

snapper in the Gulf of Mexico. The 

intended effect of these proposed 

regulations is to end overfishing and 

rebuild the red snapper resource.

DATES: Written comments on the 

proposed rule must be received no later 

than 5 p.m., eastern time, on January 7, 

2005.

ADDRESSES: You may submit comments 

on the proposed rule by any of the 

following methods:

• E-mail: 0648–

AP02.Proposed@noaa.gov. Include in 

the subject line the following document 

identifier: 0648–AP02.

• Federal e-Rulemaking Portal: http:/

/www.regulations.gov. Follow the 

instructions for submitting comments.

• Mail: Peter Hood, Southeast 

Regional Office, NMFS, 9721 Executive 

Center Drive N., St. Petersburg, FL 

33702.

• Fax: 727–570–5583, Attention: Phil 

Steele.