[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.

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