Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 67629 

DELEGATION STATUS FOR PART 63 STANDARDS—NEVADA—Continued 

Subpart Description NDEP1 Washoe 2 Clark 3

FFFFF ..................... Integrated Iron and Steel ........................................................................ X ........................ X 

GGGGG .................. Site Remediation .................................................................................... X ........................ X 

HHHHH ................... Miscellaneous Coating Manufacturing ................................................... X ........................ X 

IIIII ........................... Mercury Emissions from Mercury Cell Chlor-Alkali Plants ..................... ........................ ........................ X 

JJJJJ ....................... Brick and Structural Clay Products Manufacturing ................................ X ........................ X 

KKKKK .................... Clay Ceramics Manufacturing ................................................................ X ........................ X 

LLLLL ...................... Asphalt Roofing and Processing ............................................................ X ........................ X 

MMMMM ................. Flexible Polyurethane Foam Fabrication Operation ............................... X ........................ X 

NNNNN ................... Hydrochloric Acid Production ................................................................. X ........................ X 

PPPPP .................... Engine Test Cells/Stands ....................................................................... X ........................ X 

QQQQQ .................. Friction Products Manufacturing ............................................................. X ........................ X 

RRRRR ................... Taconite Iron Ore Processing ................................................................ ........................ ........................ X 

SSSSS .................... Refractory Products Manufacturing ........................................................ X ........................ X 

TTTTT ..................... Primary Magnesium Refining ................................................................. ........................ ........................ X 

WWWWW ............... Hospital Ethylene Oxide Sterilizers ........................................................ X X X 

YYYYY .................... Electric Arc Furnace Steelmaking Facilities (area sources) .................. X ........................ X 

ZZZZZ ..................... Iron and Steel Foundries Area Sources ................................................. X ........................ X 

BBBBBB ................. Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities......................... X X 

CCCCCC ................ Gasoline Dispensing Facilities ............................................................... ........................ X X 

DDDDDD ................ Polyvinyl Chloride and Copolymers Production Area Sources .............. X ........................ X 

EEEEEE ................. Primary Copper Smelting Area Sources ................................................ X ........................ X 

FFFFFF ................... Secondary Copper Smelting Area Sources ........................................... X ........................ X 

GGGGGG ............... Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium.X ........................ X 

HHHHHH ................ Paint Stripping and Miscellaneous Surface Coating Operations at 

Area Sources.

........................ X X 

LLLLLL .................... Acrylic and Modacrylic Fibers Production Area Sources ....................... X ........................ X 

MMMMMM .............. Carbon Black Production Area Sources ................................................ X ........................ X 

NNNNNN ................ Chemical Manufacturing Area Sources: Chromium Compounds .......... X ........................ X 

OOOOOO ............... Flexible Polyurethane Foam Production and Fabrication Area Sources X X X 

PPPPPP ................. Lead Acid Battery Manufacturing Area Sources .................................... X ........................ X 

QQQQQQ ............... Wood Preserving Area Sources ............................................................. X ........................ X 

RRRRRR ................ Clay Ceramics Manufacturing Area Sources ......................................... X ........................ X 

SSSSSS ................. Glass Manufacturing Area Sources ....................................................... X ........................ X 

TTTTTT ................... Secondary Nonferrous Metals Processing Area Sources ...................... X ........................ X 

WWWWWW ........... Area Source Standards for Plating and Polishing Operations ............... ........................ X X 

XXXXXX ................. Area Source Standards for Nine Metal Fabrication and Finishing 

Source Categories.

........................ X X 

YYYYYY ................. Area Sources: Ferroalloys Production Facilities .................................... ........................ ........................ X 

ZZZZZZ ................... Area Source Standards for Aluminum, Copper, and Other Nonferrous 

Foundries.

........................ ........................ X 

1 Nevada Division of Environmental Protection. 

2Washoe County District Health Department, Air Quality Management Division. 

3 Clark County, Department of Air Quality and Environmental Management. 

* * * * * 

[FR Doc. 2010–27803 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

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. 


emcdonald on DSK2BSOYB1PROD with RULES
67630 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 

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 

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 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, 

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. 

■ 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 What do the following terms 

mean? 

* * * * * 


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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 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 

■ 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). 

§ 302–3.227 [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 


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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) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: 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. 

ADDRESSES: Respondents may submit 

comments, identified by DFARS Case 

2010–D027, using any of the following 

methods: 

• Regulations.gov: http:// 

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 http:// 

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check http://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: 

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 

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 (http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

110022p.pdf); DoD Directive 2310.01E, 

The Department of Defense Detainee 

Program (http://www.dtic.mil/whs/ 

directives/corres/pdf/231001p.pdf); and 

DoD Directive 3115.09, DoD Intelligence 

Interrogations, Detainee Debriefings, 

and Tactical Questioning (http:// 

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 


emcdonald on DSK2BSOYB1PROD with RULES