Federal Travel Regulation (FTR); Terms and Definitions for “Dependent”, “Domestic Partner”, “Domestic Partnership” and “Immediate Family”, 67629-67632 [2010-27691]

Download as PDF Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 67629 DELEGATION STATUS FOR PART 63 STANDARDS—NEVADA—Continued Subpart Description NDEP 1 Washoe 2 Clark 3 FFFFF ..................... GGGGG .................. HHHHH ................... IIIII ........................... JJJJJ ....................... KKKKK .................... LLLLL ...................... MMMMM ................. NNNNN ................... PPPPP .................... QQQQQ .................. RRRRR ................... SSSSS .................... TTTTT ..................... WWWWW ............... YYYYY .................... ZZZZZ ..................... BBBBBB ................. Integrated Iron and Steel ........................................................................ Site Remediation .................................................................................... Miscellaneous Coating Manufacturing ................................................... Mercury Emissions from Mercury Cell Chlor-Alkali Plants ..................... Brick and Structural Clay Products Manufacturing ................................ Clay Ceramics Manufacturing ................................................................ Asphalt Roofing and Processing ............................................................ Flexible Polyurethane Foam Fabrication Operation ............................... Hydrochloric Acid Production ................................................................. Engine Test Cells/Stands ....................................................................... Friction Products Manufacturing ............................................................. Taconite Iron Ore Processing ................................................................ Refractory Products Manufacturing ........................................................ Primary Magnesium Refining ................................................................. Hospital Ethylene Oxide Sterilizers ........................................................ Electric Arc Furnace Steelmaking Facilities (area sources) .................. Iron and Steel Foundries Area Sources ................................................. Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities. Gasoline Dispensing Facilities ............................................................... Polyvinyl Chloride and Copolymers Production Area Sources .............. Primary Copper Smelting Area Sources ................................................ Secondary Copper Smelting Area Sources ........................................... Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium. Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources. Acrylic and Modacrylic Fibers Production Area Sources ....................... Carbon Black Production Area Sources ................................................ Chemical Manufacturing Area Sources: Chromium Compounds .......... Flexible Polyurethane Foam Production and Fabrication Area Sources Lead Acid Battery Manufacturing Area Sources .................................... Wood Preserving Area Sources ............................................................. Clay Ceramics Manufacturing Area Sources ......................................... Glass Manufacturing Area Sources ....................................................... Secondary Nonferrous Metals Processing Area Sources ...................... Area Source Standards for Plating and Polishing Operations ............... Area Source Standards for Nine Metal Fabrication and Finishing Source Categories. Area Sources: Ferroalloys Production Facilities .................................... Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries. X X X ........................ X X X X X X X ........................ X ........................ X X X ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ X ........................ ........................ X X X X X X X X X X X X X X X X X X X ........................ X X X X X ........................ ........................ ........................ ........................ X X X X X ........................ X X X X X X X X X X X ........................ ........................ ........................ ........................ ........................ X ........................ ........................ ........................ ........................ ........................ X X X X X X X X X X X X X ........................ ........................ ........................ ........................ X X CCCCCC ................ DDDDDD ................ EEEEEE ................. FFFFFF ................... GGGGGG ............... HHHHHH ................ LLLLLL .................... MMMMMM .............. NNNNNN ................ OOOOOO ............... PPPPPP ................. QQQQQQ ............... RRRRRR ................ SSSSSS ................. TTTTTT ................... WWWWWW ........... XXXXXX ................. YYYYYY ................. ZZZZZZ ................... 1 Nevada Division of Environmental Protection. County District Health Department, Air Quality Management Division. 3 Clark County, Department of Air Quality and Environmental Management. 2 Washoe * * * * * [FR Doc. 2010–27803 Filed 11–2–10; 8:45 am] BILLING CODE 6560–50–P 41 CFR Parts 300–3, 301–30, 301–31, Appendix E to Chapter 301, and Parts 302–3, 302–4, 302–6, and 303–70 [FTR Amendment 2010–06; FTR Case 2010– 303; Docket Number 2010–0019, Sequence 1] emcdonald on DSK2BSOYB1PROD with RULES RIN 3090–AJ06 Federal Travel Regulation (FTR); Terms and Definitions for ‘‘Dependent’’, ‘‘Domestic Partner’’, ‘‘Domestic Partnership’’ and ‘‘Immediate Family’’ Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Interim rule with request for comments. AGENCY: VerDate Mar<15>2010 16:21 Nov 02, 2010 Jkt 223001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 GSA is amending the Federal Travel Regulation (FTR) by adding terms and definitions for ‘‘Dependent’’, ‘‘Domestic partner’’ and ‘‘Domestic partnership’’, and by revising the definition of ‘‘Immediate family’’ to include ‘‘Domestic partner’’ and children, dependent parents, and dependent brothers and sisters of the Domestic partner as named members of the employee’s household. This interim rule also adds references to domestic partners and committed relationships, where applicable, in the FTR. SUMMARY: GENERAL SERVICES ADMINISTRATION Effective Date: March 3, 2011. Comment Due Date: Interested parties should submit written comments to the Regulatory Secretariat on or before December 20, 2010 to be considered in the formulation of a final rule. DATES: E:\FR\FM\03NOR1.SGM 03NOR1 67630 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations Submit comments identified by FTR case 2010–303 by any of the following methods: • Federal eRulemaking Portals: https://www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FTR Case 2010– 303’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FTR Case 2010–303.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FTR Case 2010–303’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1275 First Street, NW., 7th Floor, Attn: Hada Flowers, Washington, DC 20417. Instructions: Please submit comments only and cite FTR case 2010–303 in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB), 7th Floor, GS Building, Washington, DC 20417, (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Mr. Rick Miller, Office of Travel, Transportation, and Asset Management (MT), General Services Administration, at (202) 501–3822 or e-mail at rodney.miller@gsa.gov. Please cite FTR Amendment 2010–06 FTR case 2010– 303. ADDRESSES: SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with RULES A. Background On June 17, 2009, President Obama signed a Presidential Memorandum on Federal Benefits and NonDiscrimination stating that ‘‘[t]he heads of all other executive departments and agencies, in consultation with the Office of Personnel Management, shall conduct a review of the benefits provided by their respective departments and agencies to determine what authority they have to extend such benefits to same-sex domestic partners of Federal employees.’’ The GSA conducted its review and, as part of that review, identified a number of changes to the FTR that could be made. Subsequently, on June 2, 2010, President Obama signed a Presidential Memorandum directing agencies to immediately take actions, consistent with existing law, to extend certain benefits, including travel and relocation benefits, to same-sex domestic partners of Federal employees, VerDate Mar<15>2010 16:21 Nov 02, 2010 Jkt 223001 and, where applicable, to the children of same-sex domestic partners of Federal employees. Pursuant to 5 U.S.C. 5707, the Administrator of General Services is authorized to prescribe necessary regulations to implement laws regarding Federal employees who are traveling while in the performance of official business away from their official stations. Similarly, 5 U.S.C. 5738 mandates that the Administrator of General Services prescribe regulations relating to official relocation. The overall implementing authority is the FTR, codified in Title 41 of the Code of Federal Regulations, Chapters 300–304 (41 CFR Chapters 300–304). Pursuant to this authority, this interim rule adds the same terms and definitions, based on published Office of Personnel Management memorandum to agencies, dated June 2, 2010, ‘‘Implementation of the President’s Memorandum Regarding Extension of Benefits to Same-Sex Domestic Partner of Federal Employees, and guidance from 5 CFR Part 875—‘‘Federal Long Term Care Insurance Program’’, for ‘‘Domestic partner’’ and ‘‘Domestic partnership’’, adds a definition for ‘‘Dependent’’, and revises the definition of ‘‘Immediate family’’ to include ‘‘Domestic partner’’ and children, dependent parents, and dependent brothers and sisters of the Domestic partner as named members of the employee’s household. This rule also adds references to ‘‘Domestic partners’’ and ‘‘Domestic partnership,’’ where applicable, to travel and relocation allowances permitted under existing statutes. Due to current statutory restrictions, this interim rule does not apply to house-hunting trip expense reimbursement, the relocation income tax allowance, the income tax reimbursement allowance or non-federal source travel. B. Executive Order 12866 This is a significant regulatory action and, therefore, has been reviewed in accordance with Section 6(a)(3)(B) of Executive Order 12866, Regulatory Planning and Review. This interim rule is not a major rule under 5 U.S.C. 804. C. Regulatory Flexibility Act This interim rule will not have significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 inapplicable because this regulation is on a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts (5 U.S.C. 553(a)(2)). However, this is being published as an interim rule because this is a significant rule as defined in Executive Order 12866 and to provide transparency in the promulgation of Federal policies. D. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the Federal Travel Regulation does 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. E. Small Business Regulatory Enforcement Fairness Act This interim 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 Parts 300–3, 301–30, 301–31, Appendix E to Chapter 301, and Parts 302–3, 302–4, 302–6, and 303–70 Government employees, Relocation, Travel, and Transportation expenses. Dated: October 26, 2010. Martha Johnson, Administrator of General Services. For the reasons set forth in the preamble, under 5 U.S.C. 5701–5709, 5721–5738, and 5741–5742, GSA amends 41 CFR parts 300–3, 301–30, 301–31, Appendix E to Chapter 301, and parts 302–3, 302–4, 302–6, and 303–70 as set forth below: ■ PART 300–3—GLOSSARY OF TERMS 1. The authority citation for 41 CFR part 300–3 continues to read as follows: ■ Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 49 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, OMB Circular No. A–126, revised May 22, 1992. 2. Amend § 300–3.1 by adding, in alphabetical order, the definitions for ‘‘Dependent’’, ‘‘Domestic partner’’ and ‘‘Domestic partnership’’; and by revising the definition for ‘‘Immediate family’’. The added and revised text reads as follows: ■ § 300–3.1 mean? What do the following terms * * E:\FR\FM\03NOR1.SGM * 03NOR1 * * emcdonald on DSK2BSOYB1PROD with RULES Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations Dependent—An immediate family member of the employee. Domestic partner—An adult in a domestic partnership with an employee of the same-sex. Domestic Partnership—A committed relationship between two adults of the same sex, in which they— (1) Are each other’s sole domestic partner and intend to remain so indefinitely; (2) Maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle); (3) Are at least 18 years of age and mentally competent to consent to contract; (4) Share responsibility for a significant measure of each other’s financial obligations; (5) Are not married or joined in a civil union to anyone else; (6) Are not a domestic partner of anyone else; (7) Are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which they reside; (8) Are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. 1001, and that the method for securing such certification, if required, shall be determined by the agency; and (9) Are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership. Immediate family—Any of the following named members of the employee’s household at the time he/ she reports for duty at the new permanent duty station or performs other authorized travel involving family members: (1) Spouse; (2) Domestic partner; (3) Children of the employee, of the employee’s spouse, or of the employee’s domestic partner, who are unmarried and under 21 years of age or who, regardless of age, are physically or mentally incapable of self-support. (The term ‘‘children’’ shall include natural offspring; stepchildren; adopted children; grandchildren, legal minor wards or other dependent children who are under legal guardianship of the employee, of the employee’s spouse, or VerDate Mar<15>2010 16:21 Nov 02, 2010 Jkt 223001 of the domestic partner; and an unborn child(ren) born and moved after the employee’s effective date of transfer.); (4) Dependent parents (including step and legally adoptive parents) of the employee, of the employee’s spouse, or of the employee’s domestic partner; and (5) Dependent brothers and sisters (including step and legally adoptive brothers and sisters) of the employee, of the employee’s spouse, or of the employee’s domestic partner, who are unmarried and under 21 years of age or who, regardless of age, are physically or mentally incapable of self-support. * * * * * PART 301–30—EMERGENCY TRAVEL 3. The authority citation for 41 CFR part 301–30 continues to read as follows: ■ Authority: 5 U.S.C. 5707. § 301–30.2 [Amended] 4. Amend § 301–30.2 by adding the words ‘‘or domestic partner’s’’ after the word ‘‘spouse’s’’. ■ PART 301–31—THREATENED LAW ENFORCEMENT/INVESTIGATIVE EMPLOYEES 5. The authority citation for 41 CFR part 301–31 continues to read as follows: ■ Authority: 5 U.S.C. 5707. § 301–31.2 [Amended] 6. Amend § 301–31.2 by adding the words ‘‘or domestic partner’s’’ after the word ‘‘spouse’s’’. ■ § 301–31.10 [Amended] 7. Amend § 301–31.10, in the table, in the heading, second and third columns, by adding the words ‘‘, domestic partner’’ after the word ‘‘spouse’’. ■ Appendix E to Chapter 301—Suggested Guidance for Conference Planning [Amended] 8. Amend Appendix E to Chapter 301, under the heading ‘‘NOTIFICATION’’, in the eleventh bulleted entry, by adding the words ‘‘, domestic partners,’’ after the words ‘‘Activity schedule for spouses’’ and adding the words ‘‘, domestic partners’’ after the words ‘‘attributed to spouses’’. ■ PART 302–3—RELOCATION ALLOWANCE BY SPECIFIC TYPE 9. 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). PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 § 302–3.227 67631 [Amended] 10. Amend § 302–3.227— a. In the heading by adding the words ‘‘or terminate my committed relationship with my domestic partner’’ after the words ‘‘from my spouse’’, and adding the words ‘‘or domestic partner’’ after the words ‘‘my former spouse’’. ■ b. By adding the words ‘‘or terminate your committed relationship with your domestic partner’’ after the words ‘‘from your spouse’’, and adding the words ‘‘or domestic partner’’ after the words ‘‘your former spouse’’. ■ ■ PART 302–4—ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION 11. 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. § 302–4.203 [Amended] 12. Amend § 302–4.203— a. In the heading by adding the words ‘‘or domestic partner’’ after the words ‘‘will my spouse’’. ■ b. By adding the words ‘‘or domestic partner’’ after the words ‘‘your spouse’’. ■ ■ § 302–4.204 [Amended] 13. Amend § 302–4.204— a. In the heading by adding the words ‘‘or domestic partner’’ after the words ‘‘If my spouse’’. ■ b. By adding the words ‘‘or domestic partner’’ after the words ‘‘If your spouse’’. ■ ■ § 302–4.205 [Amended] 14. Amend § 302–4.205— a. In the heading by adding the words ‘‘or domestic partner’’ after the words ‘‘If my spouse’’ and adding the words ‘‘or domestic partner’’ after the words ‘‘is my spouse’’. ■ b. By adding the words ‘‘or domestic partner’’ after the words ‘‘and your spouse’’. ■ ■ PART 302–6—ALLOWANCES FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES 15. The authority citation for 41 CFR part 302–6 continues to read as follows: ■ Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 13474, 3 CFR, 1971–1973 Comp., p. 586. § 302–6.100 [Amended] 16. Amend § 302–6.100— a. In the table, in the heading of the second column, by adding the words ‘‘or ■ ■ E:\FR\FM\03NOR1.SGM 03NOR1 67632 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations domestic partner’’ after the words ‘‘unaccompanied spouse’’. ■ b. In the table, in the heading of the third column, by adding the words ‘‘, domestic partner’’ after the words ‘‘accompanied spouse’’. ■ c. In footnote 1 of the table, by adding the words ‘‘or domestic partner’’ after the words ‘‘when the spouse’’. PART 303–70—AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED WITH THE DEATH OF CERTAIN EMPLOYEES 17. The authority citation for 41 CFR 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. § 302–70.305 [Amended] 18. Amend § 303–70.305 by adding in paragraph (c) the words ‘‘or domestic partner’’ after the words ‘‘unaccompanied spouse’’. ■ [FR Doc. 2010–27691 Filed 11–2–10; 8:45 am] BILLING CODE 6820–14–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 237 and 252 RIN 0750–AG88 Defense Federal Acquisition Regulation Supplement; Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010–D027) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. AGENCY: DoD is issuing an interim rule to implement section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111–84). Section 1038 prohibits contractor personnel from interrogating detainees under the control of the Department of Defense. It also allows the Secretary of Defense to waive the prohibition for a limited period of time, if determined necessary to the national security interests of the United States. DATES: Effective Date: November 3, 2010. Comment Date: Comments on the interim rule should be submitted to the address shown below on or before January 3, 2011, to be considered in the formation of the final rule. emcdonald on DSK2BSOYB1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:21 Nov 02, 2010 Jkt 223001 Respondents may submit comments, identified by DFARS Case 2010–D027, using any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘DFARS Case 2010–D027’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 20109– D027.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2010– D027’’ on your attached document. • E-mail: dfars@osd.mil. Include DFARS Case 2010–D027 in the subject line of the message. • Mail: Defense Acquisition Regulations System, Attn: Mr. Julian E. Thrash, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703–602–0310. Please cite DFARS Case 2010–D027. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background Section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111–84) prohibits the interrogation of detainees by contractor personnel. DoD is amending the DFARS at subpart 237.1, Service Contracts— General, to add DFARS 237.173, Prohibition on Interrogation of Detainees by Contractor Personnel, adding a DFARS clause at 252.237– 7010, Prohibition on Interrogation of Detainees by Contractor Personnel; adding this new clause to paragraphs (b) and (c) of the clause at 252.212–7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items; and to paragraph (c) of the clause at 252.244–7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts). DFARS language at 237.173 prescribes policies that prohibit interrogation of detainees by contractor personnel, as required by section 1038 of the National Defense Authorization Act for Fiscal PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Year 2010 (Pub. L. 111–84). It also covers permissible support roles for contractors by providing that contractor personnel with proper training and security clearances may be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, including as trainers of and advisors to interrogations, if they meet the criteria provided by DoD Instruction 1100.22, Policy and Procedures for Determining Workforce Mix (https:// www.dtic.mil/whs/directives/corres/pdf/ 110022p.pdf); DoD Directive 2310.01E, The Department of Defense Detainee Program (https://www.dtic.mil/whs/ directives/corres/pdf/231001p.pdf); and DoD Directive 3115.09, DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning (https:// www.dtic.mil/whs/directives/corres/pdf/ 311509p.pdf). Furthermore, the statute allows the Secretary of Defense to waive for a limited period of time the prohibition on interrogation of detainees by contractor personnel, if determined necessary to the national security interests of the United States. II. Executive Order 12866 This is a significant regulatory action and, therefore, was subject to review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act DoD does not expect this interim rule to have a significant economic impact on a substantial number of entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it only affects companies that provide intelligence-related services by precluding them from interrogating detainees. However, an initial regulatory flexibility analysis has been prepared and is summarized as follows: The objective of this rule is to implement section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111–84). This statute provides that no enemy prisoner of war, civilian internee, retained personnel, other detainee, or any other individual who is in the custody or under the effective control of the DoD, or otherwise under detention in a DoD facility in connection with hostilities, may be interrogated by contractor personnel. In fiscal year 2009, DoD awarded contracts for intelligencerelated requirements to only 255 unique Data Universal Numbering System (DUNS) numbers. Of this total, there were 143 unique DUNS numbers for E:\FR\FM\03NOR1.SGM 03NOR1

Agencies

General Services Administration

[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Rules and Regulations]
[Pages 67629-67632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27691]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 300-3, 301-30, 301-31, Appendix E to Chapter 301, and 
Parts 302-3, 302-4, 302-6, and 303-70

[FTR Amendment 2010-06; FTR Case 2010-303; Docket Number 2010-0019, 
Sequence 1]
RIN 3090-AJ06


Federal Travel Regulation (FTR); Terms and Definitions for 
``Dependent'', ``Domestic Partner'', ``Domestic Partnership'' and 
``Immediate Family''

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: GSA is amending the Federal Travel Regulation (FTR) by adding 
terms and definitions for ``Dependent'', ``Domestic partner'' and 
``Domestic partnership'', and by revising the definition of ``Immediate 
family'' to include ``Domestic partner'' and children, dependent 
parents, and dependent brothers and sisters of the Domestic partner as 
named members of the employee's household. This interim rule also adds 
references to domestic partners and committed relationships, where 
applicable, in the FTR.

DATES:  Effective Date: March 3, 2011.
    Comment Due Date: Interested parties should submit written comments 
to the Regulatory Secretariat on or before December 20, 2010 to be 
considered in the formulation of a final rule.

[[Page 67630]]


ADDRESSES: Submit comments identified by FTR case 2010-303 by any of 
the following methods:
     Federal eRulemaking Portals: https://www.regulations.gov. 
Submit comments via the Federal eRulemaking portal by inputting ``FTR 
Case 2010-303'' under the heading ``Enter Keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``FTR Case 2010-303.'' Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FTR Case 2010-303'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street, NW., 7th Floor, Attn: Hada 
Flowers, Washington, DC 20417.
    Instructions: Please submit comments only and cite FTR case 2010-
303 in all correspondence related to this case. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (MVCB), 7th 
Floor, GS Building, Washington, DC 20417, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Rick Miller, Office of Travel, 
Transportation, and Asset Management (MT), General Services 
Administration, at (202) 501-3822 or e-mail at rodney.miller@gsa.gov. 
Please cite FTR Amendment 2010-06 FTR case 2010-303.

SUPPLEMENTARY INFORMATION: 

A. Background

    On June 17, 2009, President Obama signed a Presidential Memorandum 
on Federal Benefits and Non-Discrimination stating that ``[t]he heads 
of all other executive departments and agencies, in consultation with 
the Office of Personnel Management, shall conduct a review of the 
benefits provided by their respective departments and agencies to 
determine what authority they have to extend such benefits to same-sex 
domestic partners of Federal employees.'' The GSA conducted its review 
and, as part of that review, identified a number of changes to the FTR 
that could be made. Subsequently, on June 2, 2010, President Obama 
signed a Presidential Memorandum directing agencies to immediately take 
actions, consistent with existing law, to extend certain benefits, 
including travel and relocation benefits, to same-sex domestic partners 
of Federal employees, and, where applicable, to the children of same-
sex domestic partners of Federal employees.
    Pursuant to 5 U.S.C. 5707, the Administrator of General Services is 
authorized to prescribe necessary regulations to implement laws 
regarding Federal employees who are traveling while in the performance 
of official business away from their official stations. Similarly, 5 
U.S.C. 5738 mandates that the Administrator of General Services 
prescribe regulations relating to official relocation. The overall 
implementing authority is the FTR, codified in Title 41 of the Code of 
Federal Regulations, Chapters 300-304 (41 CFR Chapters 300-304).
    Pursuant to this authority, this interim rule adds the same terms 
and definitions, based on published Office of Personnel Management 
memorandum to agencies, dated June 2, 2010, ``Implementation of the 
President's Memorandum Regarding Extension of Benefits to Same-Sex 
Domestic Partner of Federal Employees, and guidance from 5 CFR Part 
875--``Federal Long Term Care Insurance Program'', for ``Domestic 
partner'' and ``Domestic partnership'', adds a definition for 
``Dependent'', and revises the definition of ``Immediate family'' to 
include ``Domestic partner'' and children, dependent parents, and 
dependent brothers and sisters of the Domestic partner as named members 
of the employee's household. This rule also adds references to 
``Domestic partners'' and ``Domestic partnership,'' where applicable, 
to travel and relocation allowances permitted under existing statutes. 
Due to current statutory restrictions, this interim rule does not apply 
to house-hunting trip expense reimbursement, the relocation income tax 
allowance, the income tax reimbursement allowance or non-federal source 
travel.

B. Executive Order 12866

    This is a significant regulatory action and, therefore, has been 
reviewed in accordance with Section 6(a)(3)(B) of Executive Order 
12866, Regulatory Planning and Review. This interim rule is not a major 
rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    This interim rule will not have significant economic impact on a 
substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The provisions of the 
Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking, the opportunity for public participation, and a 
delay in effective date, are inapplicable because this regulation is on 
a matter relating to agency management or personnel or to public 
property, loans, grants, benefits, or contracts (5 U.S.C. 553(a)(2)). 
However, this is being published as an interim rule because this is a 
significant rule as defined in Executive Order 12866 and to provide 
transparency in the promulgation of Federal policies.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the Federal Travel Regulation does 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.

E. Small Business Regulatory Enforcement Fairness Act

    This interim 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 Parts 300-3, 301-30, 301-31, Appendix E 
to Chapter 301, and Parts 302-3, 302-4, 302-6, and 303-70

    Government employees, Relocation, Travel, and Transportation 
expenses.

    Dated: October 26, 2010.
Martha Johnson,
Administrator of General Services.

0
For the reasons set forth in the preamble, under 5 U.S.C. 5701-5709, 
5721-5738, and 5741-5742, GSA amends 41 CFR parts 300-3, 301-30, 301-
31, Appendix E to Chapter 301, and parts 302-3, 302-4, 302-6, and 303-
70 as set forth below:

PART 300-3--GLOSSARY OF TERMS

0
1. The authority citation for 41 CFR part 300-3 continues to read as 
follows:

    Authority:  5 U.S.C. 5707; 40 U.S.C. 121(c); 49 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, OMB Circular 
No. A-126, revised May 22, 1992.


0
2. Amend Sec.  300-3.1 by adding, in alphabetical order, the 
definitions for ``Dependent'', ``Domestic partner'' and ``Domestic 
partnership''; and by revising the definition for ``Immediate family''.
    The added and revised text reads as follows:


Sec.  300-3.1  What do the following terms mean?

* * * * *

[[Page 67631]]

    Dependent--An immediate family member of the employee.
    Domestic partner--An adult in a domestic partnership with an 
employee of the same-sex.
    Domestic Partnership--A committed relationship between two adults 
of the same sex, in which they--
    (1) Are each other's sole domestic partner and intend to remain so 
indefinitely;
    (2) Maintain a common residence, and intend to continue to do so 
(or would maintain a common residence but for an assignment abroad or 
other employment-related, financial, or similar obstacle);
    (3) Are at least 18 years of age and mentally competent to consent 
to contract;
    (4) Share responsibility for a significant measure of each other's 
financial obligations;
    (5) Are not married or joined in a civil union to anyone else;
    (6) Are not a domestic partner of anyone else;
    (7) Are not related in a way that, if they were of opposite sex, 
would prohibit legal marriage in the U.S. jurisdiction in which they 
reside;
    (8) Are willing to certify, if required by the agency, that they 
understand that willful falsification of any documentation required to 
establish that an individual is in a domestic partnership may lead to 
disciplinary action and the recovery of the cost of benefits received 
related to such falsification, as well as constitute a criminal 
violation under 18 U.S.C. 1001, and that the method for securing such 
certification, if required, shall be determined by the agency; and
    (9) Are willing promptly to disclose, if required by the agency, 
any dissolution or material change in the status of the domestic 
partnership.
    Immediate family--Any of the following named members of the 
employee's household at the time he/she reports for duty at the new 
permanent duty station or performs other authorized travel involving 
family members:
    (1) Spouse;
    (2) Domestic partner;
    (3) Children of the employee, of the employee's spouse, or of the 
employee's domestic partner, who are unmarried and under 21 years of 
age or who, regardless of age, are physically or mentally incapable of 
self-support. (The term ``children'' shall include natural offspring; 
stepchildren; adopted children; grandchildren, legal minor wards or 
other dependent children who are under legal guardianship of the 
employee, of the employee's spouse, or of the domestic partner; and an 
unborn child(ren) born and moved after the employee's effective date of 
transfer.);
    (4) Dependent parents (including step and legally adoptive parents) 
of the employee, of the employee's spouse, or of the employee's 
domestic partner; and
    (5) Dependent brothers and sisters (including step and legally 
adoptive brothers and sisters) of the employee, of the employee's 
spouse, or of the employee's domestic partner, who are unmarried and 
under 21 years of age or who, regardless of age, are physically or 
mentally incapable of self-support.
* * * * *

PART 301-30--EMERGENCY TRAVEL

0
3. The authority citation for 41 CFR part 301-30 continues to read as 
follows:

    Authority:  5 U.S.C. 5707.


Sec.  301-30.2  [Amended]

0
4. Amend Sec.  301-30.2 by adding the words ``or domestic partner's'' 
after the word ``spouse's''.

PART 301-31--THREATENED LAW ENFORCEMENT/INVESTIGATIVE EMPLOYEES

0
5. The authority citation for 41 CFR part 301-31 continues to read as 
follows:

    Authority:  5 U.S.C. 5707.

Sec.  301-31.2  [Amended]

0
6. Amend Sec.  301-31.2 by adding the words ``or domestic partner's'' 
after the word ``spouse's''.


Sec.  301-31.10  [Amended]

0
7. Amend Sec.  301-31.10, in the table, in the heading, second and 
third columns, by adding the words ``, domestic partner'' after the 
word ``spouse''.


Appendix E to Chapter 301--Suggested Guidance for Conference 
Planning  [Amended]

0
8. Amend Appendix E to Chapter 301, under the heading ``NOTIFICATION'', 
in the eleventh bulleted entry, by adding the words ``, domestic 
partners,'' after the words ``Activity schedule for spouses'' and 
adding the words ``, domestic partners'' after the words ``attributed 
to spouses''.

PART 302-3--RELOCATION ALLOWANCE BY SPECIFIC TYPE

0
9. 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).

Sec.  302-3.227  [Amended]

0
10. Amend Sec.  302-3.227--
0
a. In the heading by adding the words ``or terminate my committed 
relationship with my domestic partner'' after the words ``from my 
spouse'', and adding the words ``or domestic partner'' after the words 
``my former spouse''.
0
b. By adding the words ``or terminate your committed relationship with 
your domestic partner'' after the words ``from your spouse'', and 
adding the words ``or domestic partner'' after the words ``your former 
spouse''.

PART 302-4--ALLOWANCES FOR SUBSISTENCE AND TRANSPORTATION

0
11. 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.

Sec.  302-4.203  [Amended]

0
12. Amend Sec.  302-4.203--
0
a. In the heading by adding the words ``or domestic partner'' after the 
words ``will my spouse''.
0
b. By adding the words ``or domestic partner'' after the words ``your 
spouse''.

Sec.  302-4.204  [Amended]

0
13. Amend Sec.  302-4.204--
0
a. In the heading by adding the words ``or domestic partner'' after the 
words ``If my spouse''.
0
b. By adding the words ``or domestic partner'' after the words ``If 
your spouse''.

Sec.  302-4.205  [Amended]

0
14. Amend Sec.  302-4.205--
0
a. In the heading by adding the words ``or domestic partner'' after the 
words ``If my spouse'' and adding the words ``or domestic partner'' 
after the words ``is my spouse''.
0
b. By adding the words ``or domestic partner'' after the words ``and 
your spouse''.

PART 302-6--ALLOWANCES FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES

0
15. The authority citation for 41 CFR part 302-6 continues to read as 
follows:

    Authority:  5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 
13474, 3 CFR, 1971-1973 Comp., p. 586.

Sec.  302-6.100  [Amended]


0
16. Amend Sec.  302-6.100--
0
a. In the table, in the heading of the second column, by adding the 
words ``or

[[Page 67632]]

domestic partner'' after the words ``unaccompanied spouse''.
0
b. In the table, in the heading of the third column, by adding the 
words ``, domestic partner'' after the words ``accompanied spouse''.
0
c. In footnote 1 of the table, by adding the words ``or domestic 
partner'' after the words ``when the spouse''.

PART 303-70--AGENCY REQUIREMENTS FOR PAYMENT OF EXPENSES CONNECTED 
WITH THE DEATH OF CERTAIN EMPLOYEES

0
17. The authority citation for 41 CFR 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.

Sec.  302-70.305  [Amended]

0
18. Amend Sec.  303-70.305 by adding in paragraph (c) the words ``or 
domestic partner'' after the words ``unaccompanied spouse''.

[FR Doc. 2010-27691 Filed 11-2-10; 8:45 am]
BILLING CODE 6820-14-P

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