12250 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. 

* * * * * 

(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, 

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: 

* * * * * 

[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 

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 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: 

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 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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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 

■ 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 

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 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 

■ 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 [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 [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 [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. 

§ 301–70.700 [Amended] 

■ 14. Amend § 301–70.700 by removing 

from paragraph (c) ‘‘his/her designee’’ 

and adding ‘‘their designee’’ in its place. 

§ 301–70.701 [Amended] 

■ 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’’ 

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: 

§ 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 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? 

* * * * * 

(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 

* * * * * 

§ 301–70.901 [Amended] 

■ 18. Amend § 301–70.901 by removing 

‘‘his/her designee’’ and adding ‘‘their 

designee’’ in its place. 

§ 301–70.904 [Amended] 

■ 19. Amend § 301–70.904 by removing 

‘‘he/she must present’’ from the text and 

adding ‘‘they must present’’ in its place. 

§ 301–70.907 [Amended] 

■ 20. Amend § 301–70.907 by removing 

from paragraph (a) ‘‘he/she’’ and adding 

‘‘the traveler’’ in its place. 

PART 301–71—AGENCY TRAVEL 

ACCOUNTABILITY REQUIREMENTS 

■ 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). 

§ 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 

■ 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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§ 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 [Amended] 

■ 32. Amend § 301–73.103 by removing 

‘‘his/her designee’’ and adding ‘‘their 

designee’’ in its place. 

§ 301–73.104 [Amended] 

■ 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 [Amended] 

■ 34. Amend § 301–73.105 by removing 

‘‘he/she is responsible’’ and adding ‘‘the 

employee is responsible’’ in its place. 

PART 301–74—CONFERENCE 

PLANNING 

■ 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: 

§ 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 

■ 37. The authority citation for part 

301–75 continues to read as follows: 

Authority: 5 U.S.C. 5707. 

■ 38. Amend § 301–75.4 by revising 

paragraphs (b) and (f) to read as follows: 

§ 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). 

■ 39. Amend § 301–75.200 by revising 

the entry for ‘‘Other expenses’’ 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: 

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 

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. 

* * * * * * * 

PART 302–1—GENERAL RULES 

■ 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). 

§ 302–1.1 [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). 

§ 302–2.102 [Amended] 

■ 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; 

* * * * * 

§ 302–2.106 [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. 

PART 302–3—RELOCATION 

ALLOWANCES BY SPECIFIC TYPE 

■ 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). 

§ 302–3.1 [Amended] 

■ 54. Amend § 302–3.1 by removing 

from paragraph (c) ‘‘his/her college’’ and 

adding ‘‘that student trainee’s college’’ 

in its place. 

■ 55. Amend § 302–3.203 by revising 

the section heading to read as follows: 

§ 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] 

■ 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. 

§ 302–3.501 [Amended] 

■ 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 

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. 

§ 302–3.504 [Amended] 

■ 59. Amend § 302–3.504 by removing 

from paragraph (e) ‘‘his/her relocation’’ 

and adding ‘‘the employee’s relocation’’ 

in its place. 

■ 60. Amend § 302–3.506 by revising 

the section heading to read as follows: 

§ 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. 

§ 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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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? 

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 

■ 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. 

§ 302–5.102 [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. 

PART 302–6—ALLOWANCE FOR 

TEMPORARY QUARTERS 

SUBSISTENCE EXPENSES 

■ 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. 

§ 302–6.2 [Amended] 

■ 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: 

§ 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. 

* * * 

■ 71. Amend § 302–6.303 by revising 

paragraph (a) to read as follows: 

§ 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 

■ 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. 

§ 302–7.1 [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. 

PART 302–8—ALLOWANCES FOR 

EXTENDED STORAGE OF 

HOUSEHOLD GOODS (HHG) 

■ 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. 

■ 76. Amend § 302–8.2 by revising 

paragraph (b) to read as follows: 

§ 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; 

* * * * * 

■ 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: 

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. 

§ 302–9.602 [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: 

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

905(c). 

§ 302–11.106 [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: 

§ 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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12256 Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 

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 [Amended] 

■ 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: 

§ 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. 

■ 91. Revise § 302–12.120 to read as 

follows: 

§ 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 

■ 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 

■ 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. 

§ 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. 

PART 302–16—ALLOWANCE FOR 

MISCELLANEOUS EXPENSES 

■ 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. 

§ 302–16.202 [Amended] 

■ 98. Amend § 302–16.202 by removing 

from paragraph (f) ‘‘his/her immediate’’ 

and adding ‘‘the employee’s immediate’’ 

in its place. 

§ 302–16.203 [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. 

PART 302–17—TAXES ON 

RELOCATION EXPENSES 

■ 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: 

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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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations 12257 

■ 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. 

[FR Doc. 2024–02852 Filed 2–15–24; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 240208–0041] 

RIN 0648–BM19 

List of Fisheries for 2024 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: 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. 

DATES: This rule is effective March 18, 

2024. 

ADDRESSES: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Office 

of Protected Resources, NMFS, 1315 

East-West Highway, Silver Spring, MD 

20910. 

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? 

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)). 

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 


lotter on DSK11XQN23PROD with RULES1