80 FR 21189 - Federal Management Regulation; Utilization, Donation, and Disposal of Foreign Gifts and Decorations

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 80, Issue 74 (April 17, 2015)

Page Range		21189-21190
FR Document		2015-08861

The General Services Administration (GSA) is amending the Federal Management Regulation (FMR). This amendment changes the means by which GSA publishes the redefined foreign gift minimal value rates and adds the term and definition of ``spouse''.

Federal Register, Volume 80 Issue 74 (Friday, April 17, 2015)

[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Rules and Regulations]
[Pages 21189-21190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08861]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-42

[FMR Change 2015-02; FMR Case 2014-102-3; Docket No. 2014-0019; 
Sequence No. 1]
RIN 3090-AJ49


Federal Management Regulation; Utilization, Donation, and 
Disposal of Foreign Gifts and Decorations

AGENCY: Office of Government-wide Policy, General Services 
Administration.

ACTION: Final rule.

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

SUMMARY: The General Services Administration (GSA) is amending the 
Federal Management Regulation (FMR). This amendment changes the means 
by which GSA publishes the redefined foreign gift minimal value rates 
and adds the term and definition of ``spouse''.

DATES: Effective: April 17, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Holcombe, Office of 
Government-wide Policy, Office of Asset and Transportation Management 
(MA), at 202-501-3828 or by email at [email protected] for 
clarification of content. For information pertaining to status or 
publication schedules contact the Regulatory Secretariat at 202-501-
4755. Please cite FMR Case 2014-102-3.

SUPPLEMENTARY INFORMATION:

A. Background

    Every three years, GSA is required to redefine the ``minimal 
value'' of foreign gifts under 5 U.S.C. 7342. In order for GSA to 
consult with the Secretary of State and publish this revised figure as 
closely to the effective date (January 1st) as possible, the redefined 
values will be published in a Federal Management Regulation (FMR) 
Bulletin at www.gsa.gov/personalpropertypolicy.
    In addition, the definition of minimal value is being amended to 
state that an employing agency may, by regulation, define ``minimal 
value'' for its agency employees to be less than the GSA definition, in 
accordance with 5 U.S.C. 7342(a)(5)(B).
    Finally, the term and definition of ``spouse'' is added to FMR part 
102-42. Section 3 of the Defense of Marriage Act (DOMA), codified at 1 
U.S.C. 7, provided that, when used in a Federal law, the term 
``spouse'' referred only to a person of the opposite sex who is a 
husband or a wife. Because of DOMA, the Federal Government has been 
heretofore prohibited from recognizing marriages of same-sex couples 
for all Federal purposes, including asset management policies. On June 
26, 2013, in United States v. Windsor, 570 U.S. 12 (2013), 133 S. Ct. 
2675 (2013), the Supreme Court of the United States (Supreme Court) 
held Section 3 of DOMA unconstitutional. As a result, GSA is adding the 
definition of the term ``spouse'' to this part for clarity. This case 
is included in GSA's retrospective review of existing regulations under 
Executive Order 13563. Additional information is located in GSA's 
retrospective review (2014) available at: www.gsa.gov/improvingregulations.

B. Changes

    This final rule:
    (1) Changes the means by which GSA publishes updates to the 
definition of ``minimal value'' and makes the information available to 
the public;
    (2) Adds the term and a definition for the term ``spouse'' to 41 
CFR part 102-42; and
    (3) Changes the citations in the authority section to reflect the 
codification of Title 40, United States Code, into positive law.

[[Page 21190]]

C. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct 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 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This final rule is not a significant regulatory action, and therefore, 
was not subject to review under Section 6(b) of E.O. 12866, Regulatory 
Planning and Review, dated September 30, 1993. This final rule is not a 
major rule under 5 U.S.C. 804.

D. 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 per 5 U.S.C. 
553(a)(2) because it applies to agency management or public property.

E. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

F. Small Business Regulatory Enforcement Fairness Act

    This final rule is exempt from Congressional review under 5 U.S.C. 
801 since it does not substantially affect the rights or obligations of 
non-agency parties.

List of Subjects in 41 CFR Part 102-42

    Conflict of interests, Decorations, medals, awards, Foreign 
relations, Government property, Government property management.

    Dated: April 3, 2015.
Denise Turner Roth,
Acting Administrator of General Services.

    For the reasons set forth in the preamble, GSA is amending 41 CFR 
part 102-42 as set forth below:

PART 102-42--UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS 
AND DECORATIONS

0
1. The authority citation for part 102-42 is revised to read as 
follows:

    Authority: 40 U.S.C. 121(c); sec. 515, 5 U.S.C. 7342 (91 Stat. 
862).

0
2. Amend Sec.  102-42.10 by revising the definition ``Minimal value''; 
and alphabetically adding the definition ``Spouse'' to read as follows:


Sec.  102-42.10  What definitions apply to this part?

* * * * *
    Minimal value means a retail value in the United States at the time 
of acceptance that is at or below the dollar value established by GSA 
and published in a Federal Management Regulation (FMR) Bulletin at 
www.gsa.gov/personalpropertypolicy.
    (1) GSA will adjust the definition of minimal value every three 
years, in consultation with the Secretary of State, to reflect changes 
in the Consumer Price Index for the immediately preceding 3-year 
period.
    (2) An employing agency may, by regulation, specify a lower value 
than this Government-wide value for its agency employees.
    Spouse means any individual who is lawfully married (unless legally 
separated), including an individual married to a person of the same sex 
who was legally married in a state or other jurisdiction (including a 
foreign country), that recognizes such marriages, regardless of whether 
or not the individual's state of residency recognizes such marriages. 
The term spouse does not include individuals in a formal relationship 
recognized by a state, which is other than lawful marriage; it also 
does not include individuals in a marriage in a jurisdiction outside 
the United States that is not recognized as a lawful marriage under 
United States law.

[FR Doc. 2015-08861 Filed 4-16-15; 8:45 am]
 BILLING CODE 6820-14-P

Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21189

is not a rule under the APA (5 U.S.C. Dated: April 9, 2015. Robert.Holcombe@gsa.gov for
551(4)), and does not require the Jack E. Housenger, clarification of content. For information
issuance of a proposed rule, the Director, Office of Pesticide Programs. pertaining to status or publication
requirements of the Regulatory schedules contact the Regulatory
Therefore, 40 CFR chapter I is
Flexibility Act (RFA) (5 U.S.C. 601 et Secretariat at 202–501–4755. Please cite
amended as follows:
seq.) do not apply. FMR Case 2014–102–3.
This action does not contain any PART 180—[AMENDED] SUPPLEMENTARY INFORMATION:
information collections or impose A. Background
■ 1. The authority citation for part 180
additional burdens that require approval continues to read as follows:
by OMB under the Paperwork Every three years, GSA is required to
Reduction Act (PRA) (44 U.S.C. 3501 et Authority: 21 U.S.C. 321(q), 346a and 371. redefine the ‘‘minimal value’’ of foreign
seq.). Nor does this order require any ■ 2. In § 180.254, revise the table in gifts under 5 U.S.C. 7342. In order for
special considerations under Executive paragraph (a) and revise paragraph (c) to GSA to consult with the Secretary of
Order 12898, entitled Federal Actions to read as follows: State and publish this revised figure as
Address Environmental Justice in closely to the effective date (January 1st)
Minority Populations and Low-Income § 180.254 Carbofuran; tolerances for as possible, the redefined values will be
residues. published in a Federal Management
Populations (59 FR 7629, February 16,
1994). (a) * * * Regulation (FMR) Bulletin at
www.gsa.gov/personalpropertypolicy.
This order directly regulates growers, Commodity Parts per million
food processors, food handlers, and food In addition, the definition of minimal
retailers, not States or tribes; nor does Banana 1 ......................... 0.1 value is being amended to state that an
Coffee, bean, green 1 ..... 0.1 employing agency may, by regulation,
this action alter the relationships or
Rice, grain 1 .................... 0.2 define ‘‘minimal value’’ for its agency
distribution of power and
Sugarcane, cane 1 .......... 0.1 employees to be less than the GSA
responsibilities established by Congress
1 There are no U.S. registrations for use of definition, in accordance with 5 U.S.C.
in the preemption provisions of FFDCA 7342(a)(5)(B).
section 408(n)(4). As such, the Agency carbofuran on these commodities.
has determined that this action will not * * * * * Finally, the term and definition of
have a substantial direct effect on States (c) Tolerances with regional ‘‘spouse’’ is added to FMR part 102–42.
registrations. [Reserved] Section 3 of the Defense of Marriage Act
or tribal governments, on the
(DOMA), codified at 1 U.S.C. 7,
relationship between the national * * * * *
provided that, when used in a Federal
government and the State or tribal [FR Doc. 2015–08784 Filed 4–16–15; 8:45 am]
law, the term ‘‘spouse’’ referred only to
governments, or on the distribution of BILLING CODE 6560–50–P
a person of the opposite sex who is a
power and responsibilities among the husband or a wife. Because of DOMA,
various levels of government or between the Federal Government has been
the Federal Government and Indian GENERAL SERVICES heretofore prohibited from recognizing
tribes. Thus the Agency has determined ADMINISTRATION marriages of same-sex couples for all
that Executive Order 13132, entitled Federal purposes, including asset
Federalism (64 FR 43255, August 10, 41 CFR Part 102–42
management policies. On June 26, 2013,
1999), and Executive Order 13175, [FMR Change 2015–02; FMR Case 2014– in United States v. Windsor, 570 U.S. 12
entitled Consultation and Coordination 102–3; Docket No. 2014–0019; Sequence (2013), 133 S. Ct. 2675 (2013), the
with Indian Tribal Governments (65 FR No. 1] Supreme Court of the United States
67249, November 9, 2000), do not apply RIN 3090–AJ49 (Supreme Court) held Section 3 of
to this order. In addition, this order does DOMA unconstitutional. As a result,
not impose any enforceable duty or Federal Management Regulation; GSA is adding the definition of the term
contain any unfunded mandate as Utilization, Donation, and Disposal of ‘‘spouse’’ to this part for clarity. This
described in the Unfunded Mandates Foreign Gifts and Decorations case is included in GSA’s retrospective
Reform Act (UMRA) (2 U.S.C. 1531– review of existing regulations under
AGENCY: Office of Government-wide
1538). Executive Order 13563. Additional
Policy, General Services
information is located in GSA’s
VIII. Congressional Review Act (CRA) Administration.
retrospective review (2014) available at:
ACTION: Final rule. www.gsa.gov/improvingregulations.
The CRA (5 U.S.C. 801 et seq.) does
not apply to this action because this SUMMARY: The General Services B. Changes
order n is not a rule as that term is Administration (GSA) is amending the
defined in 5 U.S.C. 804(3). EPA will, Federal Management Regulation (FMR). This final rule:
however, submit a courtesy copy of this This amendment changes the means by (1) Changes the means by which GSA
document to each House of the Congress which GSA publishes the redefined publishes updates to the definition of
and to the Comptroller General of the foreign gift minimal value rates and ‘‘minimal value’’ and makes the
United States. adds the term and definition of information available to the public;
asabaliauskas on DSK5VPTVN1PROD with RULES

‘‘spouse’’. (2) Adds the term and a definition for
List of Subjects in 40 CFR Part 180
DATES: Effective: April 17, 2015. the term ‘‘spouse’’ to 41 CFR part 102–
Environmental protection, FOR FURTHER INFORMATION CONTACT: Mr. 42; and
Administrative practice and procedure, Robert Holcombe, Office of (3) Changes the citations in the
Agricultural commodities, Pesticides Government-wide Policy, Office of authority section to reflect the
and pests, Reporting and recordkeeping Asset and Transportation Management codification of Title 40, United States
requirements. (MA), at 202–501–3828 or by email at Code, into positive law.

VerDate Sep<11>2014 16:14 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1

$21190 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations C. Executive Orders 12866 and 13563 and Budget under 44 U.S.C. 3501, et Minimal value means a retail value in Executive Orders (E.O.s) 12866 and seq. the United States at the time of 13563 direct agencies to assess all costs F. Small Business Regulatory acceptance that is at or below the dollar and benefits of available regulatory Enforcement Fairness Act value established by GSA and published alternatives and, if regulation is in a Federal Management Regulation This final rule is exempt from (FMR) Bulletin at www.gsa.gov/ necessary, to select regulatory Congressional review under 5 U.S.C. personalpropertypolicy. approaches that maximize net benefits 801 since it does not substantially affect (including potential economic, (1) GSA will adjust the definition of the rights or obligations of non-agency environmental, public health and safety minimal value every three years, in parties. effects, distributive impacts, and consultation with the Secretary of State, equity). E.O. 13563 emphasizes the List of Subjects in 41 CFR Part 102–42 to reflect changes in the Consumer Price importance of quantifying both costs Conflict of interests, Decorations, Index for the immediately preceding 3- and benefits, of reducing costs, of medals, awards, Foreign relations, year period. harmonizing rules, and of promoting Government property, Government flexibility. This final rule is not a (2) An employing agency may, by property management. regulation, specify a lower value than significant regulatory action, and therefore, was not subject to review Dated: April 3, 2015. this Government-wide value for its under Section 6(b) of E.O. 12866, Denise Turner Roth, agency employees. Regulatory Planning and Review, dated Acting Administrator of General Services. Spouse means any individual who is September 30, 1993. This final rule is For the reasons set forth in the lawfully married (unless legally not a major rule under 5 U.S.C. 804. preamble, GSA is amending 41 CFR part separated), including an individual 102–42 as set forth below: married to a person of the same sex who D. Regulatory Flexibility Act was legally married in a state or other This final rule will not have a PART 102–42—UTILIZATION, jurisdiction (including a foreign significant economic impact on a DONATION, AND DISPOSAL OF country), that recognizes such substantial number of small entities FOREIGN GIFTS AND DECORATIONS marriages, regardless of whether or not within the meaning of the Regulatory the individual’s state of residency Flexibility Act, 5 U.S.C. 601, et seq. This ■ 1. The authority citation for part 102– recognizes such marriages. The term final rule is also exempt from the 42 is revised to read as follows: spouse does not include individuals in Administrative Procedure Act per 5 Authority: 40 U.S.C. 121(c); sec. 515, 5 a formal relationship recognized by a U.S.C. 553(a)(2) because it applies to U.S.C. 7342 (91 Stat. 862). state, which is other than lawful agency management or public property. ■ 2. Amend § 102–42.10 by revising the marriage; it also does not include E. Paperwork Reduction Act definition ‘‘Minimal value’’; and individuals in a marriage in a alphabetically adding the definition jurisdiction outside the United States The Paperwork Reduction Act does ‘‘Spouse’’ to read as follows: not apply because the changes to the that is not recognized as a lawful FMR do not impose information § 102–42.10 What definitions apply to this marriage under United States law. collection requirements that require the part? [FR Doc. 2015–08861 Filed 4–16–15; 8:45 am] approval of the Office of Management * * * * * BILLING CODE 6820–14–P asabaliauskas on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 16:14 Apr 16, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4700 Sfmt 9990 E:\FR\FM\17APR1.SGM 17APR1$

Document Created: 2015-12-18 11:19:41
Document Modified: 2015-12-18 11:19:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective: April 17, 2015.
Contact		Mr. Robert Holcombe, Office of Government-wide Policy, Office of Asset and Transportation Management (MA), at 202-501-3828 or by email at [email protected] for clarification of content. For information pertaining to status or publication schedules contact the Regulatory Secretariat at 202-501- 4755. Please cite FMR Case 2014-102-3.
FR Citation		80 FR 21189
RIN Number		3090-AJ49
CFR Associated		Conflict of Interests; Decorations; Medals; Awards; Foreign Relations; Government Property and Government Property Management