This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

61788 

Vol. 79, No. 199 

Wednesday, October 15, 2014 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 870 

RIN 3206–AN04 

Federal Employees’ Group Life 

Insurance Program: Providing Option 

C Coverage for Children of Same-Sex 

Domestic Partners 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: The United States Office of 

Personnel Management (OPM) is issuing 

a proposed rule to amend the Federal 

Employees’ Group Life Insurance 

(FEGLI) regulations to allow children of 

same-sex domestic partners living in 

states that do not allow same-sex 

couples to marry to be covered as family 

members under an eligible individual’s 

FEGLI Option C enrollment. This rule 

expands the circumstances under which 

an employee experiencing a change in 

family circumstances may include 

eligible children of a same-sex domestic 

partner. 

DATES: Comments are due on or before 

December 15, 2014. 

ADDRESSES: Send written comments to 

Ronald Brown, Policy Analyst, Planning 

& Policy Analysis, Office of Personnel 

Management, 1900 E Street NW., 

Washington, DC 20415–9700; or deliver 

to OPM, Room 2309, 1900 E Street NW., 

Washington, DC; or FAX to (202) 606– 

0636. Comments may also be sent 

through the Federal eRulemaking Portal 

at: http://www.regulations.gov. All 

submissions received through the Portal 

must include the agency name and 

docket number or the Regulation 

Identifier Number (RIN) for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Brown, Policy Analyst, (202) 

606–0004, or by email to 

Ronald.Brown@opm.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is intended to: (1) Extend 

eligibility as a stepchild under FEGLI 

Option C to children of same-sex 

domestic partners of Federal employees 

or annuitants in states where same-sex 

couples are not permitted to marry; (2) 

amend 5 CFR Part 870 to provide that 

acquiring a child or children of an 

employee’s same-sex domestic partner 

as described in Part 870 will be treated 

as a change in family circumstances so 

that a waiver of Basic insurance or 

Optional insurance may be cancelled; 

and (3) make other non-substantive, 

technical conforming amendments to 

the FEGLI rules in connection with the 

extension of coverage to children of 

same-sex domestic partners of Federal 

employees. 

On June 17, 2009, President Obama 

issued the Presidential Memorandum on 

Federal Benefits and NonDiscrimination requesting that the 

Director of OPM extend certain benefits 

to qualified same-sex domestic partners 

of Federal employees. That Presidential 

Memorandum also requested that heads 

of executive departments and agencies 

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, annuitants, and 

their families. The results of that review 

were reported to the Director of OPM, 

who, in consultation with the United 

States Department of Justice, made 

recommendations to the President to 

provide benefits to the same-sex 

domestic partners of Federal 

Government employees. Subsequently, 

President Obama issued a Presidential 

Memorandum on June 2, 2010 

requesting agencies to implement the 

recommended regulatory and 

administrative actions expanding 

benefits for same-sex domestic partners 

of Federal employees and their families. 

Since OPM made its 

recommendations to the President, the 

Agency has determined that coverage 

under the FEGLI Program as a family 

member under Option C may be 

extended to the children of the same-sex 

domestic partners of Federal employees 

and annuitants. This regulatory action is 

necessary to implement fully the 

Presidential Memoranda cited above 

and is consistent with OPM’s policy 

determination that extension of 

coverage is appropriate. 

To maintain consistency across the 

Federal benefits programs, the 

definitions of domestic partner and 

domestic partnership mirror those 

governing the Federal Employees Health 

Benefits Program (FEHBP) and the 

Federal Employees Dental and Vision 

Insurance Program (FEDVIP). For the 

reasons cited in the FEHBP and FEDVIP 

final regulation at 78 FR 64873, this 

includes a requirement that the 

employee or annuitant enrolled in 

Option C coverage reside in a state that 

does not recognize same-sex marriage. 

Also, this proposed rule adds a 

definition of ‘‘stepchild’’ to Part 870 to 

denote the child of an enrollee’s spouse 

or same-sex domestic partner the same 

as in FEHBP and FEDVIP. 

We recognize that the legal landscape 

is changing and certain states that 

currently do not allow same-sex couples 

to marry may allow them to do so in the 

future. Same-sex couples may also 

relocate from states where they cannot 

marry to states where they are permitted 

to marry. The possibility that the 

relevant state marriage laws may change 

has the potential to create significant 

administrative difficulties. For this 

reason, eligibility to elect Option C 

FEGLI coverage will be determined at 

the time the employee has a change in 

family circumstances (including 

marriage or divorce, a spouse’s death, or 

acquisition of eligible child(ren)) and 

files an election with his or her 

employing office as provided by FEGLI 

regulation. Eligibility will depend on 

whether an enrollee seeking to cover the 

child of his or her domestic partner 

lives in a state that does not authorize 

same-sex marriage. This change can be 

found in section 870.302. 

This regulation also adds to the events 

that constitute a change in family 

circumstances for employees, 

annuitants or compensationers who 

have Option C insurance under the 

FEGLI Program. The regulation amends 

Part 870 to provide that an employee 

who waived FEGLI Basic insurance or 

Optional insurance may cancel the 

waiver and become covered upon 

acquiring an eligible stepchild, if all 

eligibility requirements are met. Please 

see the changes to sections 870.503 and 

870.506. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the regulation only adds 


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Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 / Proposed Rules 61789 

additional groups to the list of groups 

eligible for coverage under FEGLI. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

Federalism 

We have examined this rule in 

accordance with Executive Order 13132, 

Federalism, and have determined that 

this rule will not have any negative 

impact on the rights, roles and 

responsibilities of State, local, or tribal 

governments. 

List of Subjects in 5 CFR Part 870 

Administrative practice and 

procedure, Government employees, 

Hostages, Iraq, Kuwait, Lebanon, Life 

Insurance, Retirement. 

U.S. Office of Personnel Management. 

Katherine Archuleta, 

Director. 

Accordingly, OPM is proposing to 

amend 5 CFR as follows: 

PART 870—FEDERAL EMPLOYEES’ 

GROUP LIFE INSURANCE PROGRAM 

■ 1. The authority citation for 5 CFR 

part 870 continues to read as follows: 

Authority: 5 U.S.C. 8716; Subpart J also 

issued under section 599C of Pub. L. 101– 

513, 104 Stat. 2064, as amended; Sec. 

870.302(a)(3)(ii) also issued under section 

153 of Pub. L. 104–134, 110 Stat. 1321; Sec. 

870.302(a)(3) also issued under sections 

11202(f), 11232(e), and 11246(b) and (c) of 

Pub. L. 105–33, 111 Stat. 251, and section 

7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec. 

870.302(a)(3) also issued under section 145 of 

Pub. L. 106–522, 114 Stat. 2472; Secs. 

870.302(b)(8), 870.601(a), and 870.602(b) also 

issued under Pub. L. 110–279, 122 Stat. 2604. 

Subpart A—Administration and 

General Provisions 

■ 2. In § 870.101, add the definitions of 

‘‘domestic partner’’, ‘‘domestic 

partnership’’, and ‘‘stepchild’’ in 

alphabetical order to read as follows: 

§ 870.101 Definitions. 

* * * * * 

Domestic partner means a person in a 

domestic partnership with an employee, 

annuitant, or compensationer enrolled 

in Option C. 

* * * * * 

Domestic partnership means a 

committed relationship between two 

adults, of the same sex, in which the 

partners— 

(i) Are each other’s sole domestic 

partner and intend to remain so 

indefinitely; 

(ii) 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); 

(iii) Are at least 18 years of age and 

mentally competent to consent to a 

contract; 

(iv) Share responsibility for a 

significant measure of each other’s 

financial obligations; 

(v) Are not married or joined in a civil 

union to anyone else; 

(vi) Are not a domestic partner of 

anyone else; 

(vii) Are not related in a way that, if 

they were of opposite sex, would 

prohibit legal marriage in the U.S. 

jurisdiction in which the domestic 

partnership was formed; 

(viii) Provide documentation 

demonstrating fulfillment of the 

requirements of (i) through (vii) as 

prescribed by OPM; 

(ix) Certify that they understand that 

willful falsification of the 

documentation described in 

subparagraph (viii) of this section may 

lead to disciplinary action and the 

recovery of the cost of benefits received 

related to such falsification and may 

constitute a criminal violation under 18 

U.S.C. 1001; and 

(x) Certify that they would marry but 

for the failure of their state of residence 

to permit same-sex marriage. 

* * * * * 

Stepchild means the child of an 

enrollee’s spouse or domestic partner 

and shall continue to refer to such child 

in the event of the enrollee’s divorce 

from the spouse, termination of the 

domestic partnership, or death of the 

spouse or domestic partner, so long as 

the child continues to live with the 

enrollee in a regular parent-child 

relationship. 

* * * * * 

Subpart C—Eligibility 

■ 3. In § 870.302 amend by revising 

paragraph (a)(5) to read as follows: 

§ 870.302 Exclusions. 

(a) * * * 

(5) The child who otherwise meets the 

requirements for life insurance coverage 

but whose parent enrollee and his or her 

domestic partner live in a state or whose 

parent enrollee and his or her domestic 

partner maintain a common residence in 

a state that has authorized marriage by 

same-sex couples by the day prior to the 

date of notice of the election to the 

employing office or the day prior to the 

first day of an open enrollment period. 

* * * * * 

■ 4. Section 870.304 is added to read as 

follows: 

§ 870.304 Eligibility of stepchildren under 

Option C. 

(a) Stepchildren are eligible for 

coverage as family members under 

Option C. 

(b) (1) For purposes of this part, to 

qualify for coverage as a stepchild, the 

child must be the child of the insured 

employee, annuitant or 

compensationer’s spouse or domestic 

partner. 

(2) For purposes of this section, the 

term ‘‘domestic partner’’ is as defined in 

section 870.101 of this part. 

(3) An enrollee or his or her domestic 

partner must notify the employing office 

within thirty calendar days in the event 

that any of the conditions of domestic 

partnership found in the definition 

section of 870.101 of this part are no 

longer met, in which case a domestic 

partnership will be deemed terminated. 

(4) Notwithstanding the provisions of 

paragraph (b)(1) of this section, the 

child who otherwise meets the 

requirements for life insurance coverage 

but whose parent enrollee and his or her 

domestic partner live in a state or whose 

parent enrollee and his or her domestic 

partner maintain a common residence in 

a state that has authorized marriage by 

same-sex couples, shall not be 

considered a stepchild. For enrollment 

changes involving the addition of a new 

stepchild, as defined by this regulation, 

the determination of whether a state’s 

marriage laws render the child ineligible 

for coverage shall be made at the time 

the employee notifies the employing 

office of his or her desire to cover the 

child. 

Subpart E—Coverage 

■ 5. Section 870.503 is amended by 

revising paragraph (b)(3) to read as 

follows: 

§ 870.503 Basic insurance: Cancelling a 

waiver. 

* * * * * 

(b) * * * 

(3) The employee has a change in 

family circumstances (marriage or 

divorce, a spouse’s death or acquisition 

of an eligible child) and files an election 

as provided in paragraph (b)(3(i), 

(b)(3)(ii), or (b)(3)(iii) of this section. 

Except as provided in paragraph 

(b)(3)(iii), the effective date of Basic 

insurance elected under this paragraph 

(b)(3) is the 1st day the employee 

actually enters on duty in a pay status 

on or after the day the employing office 

receives the election. 

* * * * * 


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61790 Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 / Proposed Rules 

■ 6. Section 870.506 is amended by 

revising paragraphs (a)(2) and (a)(4)(i) to 

read as follows: 

§ 870.506 Optional insurance: Cancelling a 

waiver. 

(a) * * * 

(2) An employee who has waived 

Options A and B coverage may elect 

coverage, and an employee who has 

fewer than 5 multiples of Option B may 

increase the number of multiples, upon 

his or her marriage or divorce, upon a 

spouse’s death, or upon acquisition of 

an eligible child. 

* * * 

(4)(i) An employee who has waived 

Option C may elect it, and an employee 

who has fewer than 5 multiples of 

Option C may increase the number of 

multiples, upon his or her marriage, or 

acquisition of an eligible child or 

stepchild(ren). An employee who has 

Option C may also elect or increase 

Option C coverage upon divorce or 

death of a spouse, if the employee has 

any eligible children or stepchild(ren). 

* * * * * 

[FR Doc. 2014–24488 Filed 10–14–14; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0743; Airspace 

Docket No. 14–ASW–2] 

Proposed Establishment of Class E 

Airspace; Cypress, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at Cypress, 

TX. Controlled airspace is necessary to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) at Dry 

Creek Airport. The FAA is taking this 

action to enhance the safety and 

management of Instrument Flight Rules 

(IFR) operations for SIAPs at the airport. 

DATES: Comments must be received on 

or before December 1, 2014. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2014– 

0743/Airspace Docket No. 14–ASW–2, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone 1–800– 

647–5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: 817–321– 

7740. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2014–0743/Airspace 

Docket No. 14–ASW–2.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/airports_airtraffic/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Central Service Center, 2601 

Meacham Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Dry Creek Airport, Cypress, 

TX, to accommodate new standard 

instrument approach procedures. 

Controlled airspace is needed for the 

safety and management of IFR 

operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9Y, dated August 6, 2014 and 

effective September 15, 2014, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 


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