58330 Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 

mail at henry.maury@gsa.gov. Please 

cite FTR Amendment 2010–03; FTR 

case 2010–304. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On October 19, 1998, the President 

signed into law the Travel and 

Transportation Reform Act of 1998 (Pub. 

L. 105–264). Subsection 5(b) of Public 

Law 105–264, codified at 5 U.S.C. 5739, 

permits the Administrator of General 

Services to authorize Federal agencies to 

test new and innovative methods of 

reimbursing relocation expenses 

without seeking authorizing legislation 

or a waiver of regulations. This statutory 

provision is implemented in part 300– 

80 the Federal Travel Regulation (FTR) 

(41 CFR part 300–80), ‘‘Relocation 

Expenses Test Programs.’’ Public Law 

109–325 extended the test program 

authority through October 19, 2009. 

Public Law 111–112, enacted on 

November 30, 2009, extended the test 

program authority indefinitely. 

B. Changes to the Current FTR 

This final rule: 

• Revises section 300–80.4 to update 

the maximum number of test programs 

that may be simultaneously running 

from 10 to 12; 

• Revises section 300–80.6 to clarify 

test programs are limited to making 

payments in lieu of the relocation 

reimbursements contained in 5 U.S.C. 

chapter 57, subchapter II; 

• Revises section 300–80.7 to update 

the duration of test programs and 

possible extensions from 24 months to 

four years; 

• Redesignates current section 300– 

80.8 as section 300–80.9 and removes 

current section 300–80.9 because it is no 

longer valid; 

• Adds new section 300–80.8 to add 

instructions for agencies wishing to 

apply for a test program extension; and 

• Revises newly designated section 

300–80.9 to clarify the reporting 

requirements for agencies conducting 

test programs. 

C. Executive Order 12866 

This regulation is excepted from the 

definition of ‘‘regulation’’ or ‘‘rule’’ under 

Section 3(d)(3) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993 and, 

therefore, was not subject to review 

under Section 6(b) of that Executive 

Order. 

D. Regulatory Flexibility Act 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the revisions are not considered 

substantive. This final rule is also 

exempt from the Regulatory Flexibility 

Act per 5 U.S.C. 553 (a)(2) because it 

applies to agency management. 

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 

Federal Travel Regulation 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 300–80 

Government employees, Reporting 

and recordkeeping requirements, Travel 

and transportation expenses. 

Dated: July 16, 2010. 

Martha Johnson, 

Administrator of General Services. 

■ For the reasons set forth in the 

preamble, under 5 U.S.C. 5701–5739, 

GSA amends 41 CFR part 300–80 as set 

forth below: 

PART 300–80—RELOCATION 

EXPENSES TEST PROGRAMS 

■ 1. The authority citation for 41 CFR 

part 300–80 continues to read as 

follows: 

Authority: 5 U.S.C. 5707, 5738, and 5739. 

§ 300–80.4 [Amended] 

■ 2. Amend § 300–80.4 by removing 

‘‘10’’ and adding ‘‘12’’ in its place. 

§ 300–80.6 [Amended] 

■ 3. Amend § 300.80–6 by— 

■ a. Removing the word ‘‘None.’’; and 

■ b. Removing ‘‘Chapter 302 of this 

title.’’ and adding ‘‘5 U.S.C. chapter 57, 

subchapter II.’’ in its place. 

■ 4. Revise § 300–80.7 to read as 

follows: 

§ 300–80.7 How long is the duration of test 

programs? 

The duration of a test program is up 

to four years from the date of 

authorization unless terminated prior to 

that time by the Administrator of 

General Services. The agency 

conducting a test program may also 

terminate the test program at any time 

by providing written notice of the 

termination to the Administrator of 

General Services. The Administrator of 

General Services may grant test program 

extensions of up to an additional four 

years (see § 300–80.8). 

§ 300–80.9 [Removed] 

■ 5. Remove § 300–80.9. 

§ 300–80.8 [Redesignated as § 300–80.9] 

■ 6. Redesignate § 300–80.8 as § 300– 

80.9. 

■ 7. Add a new § 300–80.8 to read as 

follows: 

§ 300–80.8 What must we do to apply for 

a test program extension? 

The head of the agency or designee 

must submit a request to extend the test 

program to the Administrator of General 

Services (Attention: MTT), 1800 F 

Street, NW., Washington, DC 20405, not 

later than 120 days prior to the 

expiration of the test period. The 

request for extension must contain the 

test program results to that date and 

clearly enumerate the benefits, 

qualitatively or quantitatively or both, of 

granting a test program extension and 

must specify the duration of time for 

which an extension is requested. 

■ 8. Amend newly redesignated § 300– 

80.9 by— 

■ a. Removing the introductory text; 

■ b. Removing in paragraph (a), ‘‘an 

approved test program’’ and adding ‘‘any 

test program approved or extended’’ in 

its place; and 

■ c. Adding new paragraph (c) to read 

as follows: 

§ 300–80.9 What reports are required for a 

test program? 

* * * * * 

(c) All reports must include 

quantitative or qualitative assessments, 

or both, clearly evaluating the results of 

the test program and enumerating 

benefits and costs. 

[FR Doc. 2010–23887 Filed 9–23–10; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3000 

Minerals Management: General 

CFR Correction 

In Title 43 of the Code of Federal 

Regulations, Part 1000 to End, revised as 

of October 1, 2009, on page 331, in 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 58331 

§ 3000.12, move paragraph (b) to below 

the table on page 332. 

[FR Doc. 2010–24034 Filed 9–23–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1503 

[Docket No. TSA–2009–0013] 

RIN 1652–AA62 

Revision of Enforcement Procedures 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Final rule. 

SUMMARY: The Transportation Security 

Administration (TSA) issues this final 

rule regarding TSA’s investigative and 

enforcement procedures. TSA makes 

several minor changes to the final rule 

TSA issued on July 21, 2009. TSA 

extends the time for parties to reply to 

a petition for reconsideration or 

modification of a final decision and 

order of the TSA decision maker on 

appeal from 10 days after service to 30 

days after service. Similarly, TSA 

extends the time for parties to reply to 

a motion from 10 to 30 days after 

service. Finally, TSA corrects an 

incorrect section reference. 

DATES: Effective September 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Emily Su, Office of Chief Counsel, TSA– 

2, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 20598–6002; telephone 

(571) 227–2305; facsimile (571) 227– 

1380; e-mail emily.su@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Document 

You can get an electronic copy using 

the Internet by— 

(1) Searching the electronic Federal 

Docket Management System (FDMS) 

Web page at http://www.regulations.gov; 

(2) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html; or 

(3) Visiting TSA’s Security 

Regulations Web page at http:// 

www.tsa.gov and accessing the link for 

‘‘Research Center’’ at the top of the page. 

In addition, copies are available by 

writing or calling the individual in the 

FOR FURTHER INFORMATION CONTACT

section. Make sure to identify the docket 

number of this rulemaking. 

Small Entity Inquiries 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires TSA to comply with small 

entity requests for information and 

advice about compliance with statutes 

and regulations within TSA’s 

jurisdiction. Any small entity that has a 

question regarding this document may 

contact the person listed in FOR FURTHER

INFORMATION CONTACT. Persons can 

obtain further information regarding 

SBREFA on the Small Business 

Administration’s Web page at http:// 

www.sba.gov/advo/laws/law_lib.html. 

Good Cause for Immediate Effective 

Date 

This rule will be effective upon 

publication in the Federal Register. The 

Administrative Procedure Act, 5 U.S.C. 

553, allows an agency, upon finding 

good cause, to make a rule effective 

immediately. There is good cause for 

making this final rule effective 

immediately. A final rule, published on 

July 21, 2009, is already in effect. 74 FR 

36030. There is no need to provide 

advance notice that this final rule will 

become effective because this final rule 

is substantively the same as the July 21, 

2009, final rule; the only changes in this 

final rule expand the period of time in 

which a party may respond to motions 

and final decision from 10 to 30 days. 

Summary of the Rulemaking 

On July 21, 2009, TSA published a 

final rule in the Federal Register (74 FR 

36030) reorganizing and amending its 

Investigative and Enforcement 

Procedures. When TSA published the 

rule, TSA invited public comments on 

the rule until September 21, 2009. TSA 

received one letter to the public docket 

that raised a number of comments. This 

final rule responds to the comments and 

makes one minor procedural change and 

corrects a section reference, discussed 

below. 

Response to Comments 

Informal Conferences: The commenter 

stated that permitting an Informal 

Conference with an agency attorney or 

another agency official, as § 1503.421 

provides, is beneficial for expedited 

resolution of cases. However, the 

commenter cautioned that agency 

personnel authorized to conduct such 

informal conferences must understand 

the TSA regulations and their intent and 

expressed the view that sometimes they 

do not. 

TSA trains its attorneys and other 

agency officials so that they are well 

versed in any regulations at issue in an 

informal conference. TSA equips its 

attorneys and agency officials with 

proper knowledge and skills to address 

any relevant concerns at informal 

conference. 

Enforcement of ‘‘TSA Requirements’’: 

Another comment recommended that 

TSA amend the regulation to make it 

clear that individuals may only be 

charged with violations of regulations or 

agency orders as to which ‘‘proper 

notice has been given pursuant to the 

Administrative Procedure Act.’’ The 

commenter stated that, if TSA seeks to 

hold individuals responsible through 

the enforcement process for violating 

non-regulatory ‘‘TSA requirements’’ 

such as agency orders, Subpart G should 

be amended to make clear that 

§ 1503.607 does not preclude the 

Administrative Law Judge (ALJ) from 

making a full factual record as to 

whether the ‘‘TSA requirement’’ at issue 

was properly applicable to the 

individual charged, including whether 

the individual charged received legally 

sufficient actual or constructive notice 

of the binding nature of the TSA 

requirement. 

TSA agrees that persons must have 

notice of a requirement before TSA can 

enforce it. In the case of violation of a 

statutory provision, the provision’s 

inclusion in the public laws of the 

United States establishes notice. In the 

case of a regulation published in the 

Federal Register, filing the document 

with the Office of the Federal Register 

establishes notice. In the case of another 

enforceable requirement, such as an 

agency order, the person charged must 

have had adequate notice of the 

requirement; an ALJ proceeding could 

include resolution of this issue. 

Warning Notices, Letters of 

Correction: Another comment focused 

on language in § 1503.301 providing 

that, if TSA determines that an alleged 

violation does not require assessment of 

a civil penalty, an appropriate official 

may take administrative action, such as 

warning notices and letters of 

correction, in disposition of the case. 

The rule provides: ‘‘The issuance of a 

Warning Notice or Letter of Correction 

is not subject to appeal under this part.’’ 

The commenter expressed the following 

objections to the absence of an appeal 

process for Warning Notices: 

1. TSA has made mistakes in 

interpreting its rules, resulting in the 

incorrect adjudication of matters under 

investigation, leading to TSA issuing 

Warning Notices to innocent parties. 

2. Improperly issued Warning Notices 

can result in future negative 

consequences, such as increased civil 

penalties, if the recipient of the Warning 

Notice is the subject of future 

enforcement actions. The commenter 

referenced the language of Subpart E— 


hsrobinson on DSK69SOYB1PROD with RULES