[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR14.11]

[Page 214-215]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 14_EMPLOYEE PERSONAL PROPERTY CLAIMS--Table of Contents
 
Sec. 14.11  Principal types of allowable claims.

    (a) General. A claim under this part is allowed for tangible 
personal property of a type and quantity that was reasonable and proper 
for the employee to possess under the circumstances at the time of the 
loss or damage. In evaluating whether a claim is allowable, the EPA 
Claims Officer may consider such factors as: The employee's use of the 
item; whether EPA generally is aware that such items are used by its 
employees; or whether the loss was caused by a failure of EPA to provide 
adequate protection against the loss.
    (b) Examples of claims which are allowable. Claims which are 
ordinarily allowed include loss or damage which occurred:
    (1) In a place officially designated for storage of property such as 
a warehouse, office, garage, or other storage place;

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    (2) In a marine, rail, aircraft, or other common disaster or natural 
disaster such as a fire, flood, or hurricane;
    (3) When the personal property was subjected to an extraordinary 
risk in the employee's performance of duty, such as in connection with 
an emergency situation, a civil disturbance, common or natural disaster, 
or during efforts to save government property or human life;
    (4) When the property was used for the benefit of the government at 
the specific direction of a supervisor;
    (5) When the property was money or other valuables deposited with an 
authorized government agent for safekeeping; and
    (6) When the property was a vehicle which was subjected to an 
extraordinary risk in the employee's performance of duty and the use of 
the vehicle was at the specific direction of the employee's supervisor.
    (c) Claims for articles of clothing. Claims for loss or damage to 
clothing and accessories worn by an employee may be allowed where:
    (1) The damage or loss occurred during the employee's performance of 
official duty in an unusual or extraordinary risk situation;
    (2) The loss or damage occurred during the employee's response to an 
emergency situation, to a natural disaster such as fire, flood, 
hurricane, or to a man-made disaster such as a chemical spill;
    (3) The loss or damage was caused by faulty or defective equipment 
or furniture maintained by EPA; or
    (4) The item was stolen even though the employee took reasonable 
precautions to protect the item from theft.
    (d) Claims for loss or damage to household items. (1) Claims for 
damages to household goods may be allowed where:
    (i) The loss or damages occurred while the goods were being shipped 
pursuant to an EPA authorized change in duty station;
    (ii) The employee filed a claim for the damages with the appropriate 
carrier; and
    (iii) The employee substantiates that he/she has suffered a loss in 
excess of the amount paid by the carrier.
    (2) Where a carrier has refused to make an award to an employee 
because of his/her failure to comply with the carrier's claims 
procedures, any award by EPA will be reduced by the maximum amount 
payable for the item by the carrier under its contract of shipment. 
Where an employee fails to notify the carrier of damages or loss, either 
at the time of delivery of the household goods or within a reasonable 
time after discovery, any award by EPA will be reduced by the amount of 
the carrier's maximum contractual liability for the damage or loss. The 
employee has the burden of proving his/her entitlement to reimbursement 
from EPA for amounts in excess of that allowed by the carrier.