[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Rules and Regulations]
[Pages 67629-67632]
From the Federal Register Online via the Government Publishing 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.
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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: http://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 http://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 [email protected].
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.
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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
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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]
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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
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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]
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6. Amend Sec. 301-31.2 by adding the words ``or domestic partner's''
after the word ``spouse's''.
Sec. 301-31.10 [Amended]
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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]
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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]
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10. Amend Sec. 302-3.227--
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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--
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a. In the heading by adding the words ``or domestic partner'' after the
words ``will my spouse''.
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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--
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a. In the heading by adding the words ``or domestic partner'' after the
words ``If my spouse''.
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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--
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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''.
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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--
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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''.
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b. In the table, in the heading of the third column, by adding the
words ``, domestic partner'' after the words ``accompanied spouse''.
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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]
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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