Unknown. Interim rule with request for comments

5,183 words·~24 min read·/register/2003/10/01/03-24792

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2003-10-01.xml --- 68 190 Wednesday, October 1, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 56649-56650 03-24816 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Karnal bunt, 56529-56530 03-24874 Antitrust Antitrust Division NOTICES National cooperative research notifications: AAF Association, Inc., 56650 03-24916 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 56633-56634 03-24836 Meetings: Childhood Lead Poisoning Prevention Advisory Committee, 56634-56635 03-24840 Citizenship Citizenship and Immigration Services Bureau NOTICES Immigration: Application for certificate of citizenship and application for citizenship and issuance of certificate;

Forms N-600 and N-600K redesign, 56643-56644 03-24803 Commerce Commerce Department See International Trade Administration See Minority Business Development Agency See Patent and Trademark Office Comptroller Comptroller of the Currency RULES Capital maintenance: Consolidated asset-backed commercial paper program assets; interim capital treatment; risk-based capital and capital adequacy guidelines, 56530-56537 03-23756 PROPOSED RULES Capital maintenance: Asset-backed commercial paper programs and early amortization provisions; risk-based capital and capital adequacy guidelines, 56568-56586 03-23757 Customs Customs and Border Protection Bureau NOTICES User fee airports; customs services fees, 56644-56645 03-24949 Defense Defense Department RULES Acquisition regulations:

Indian Incentive Program, 56561-56563 03-24629 Service contracts and task orders approval, 56563-56564 03-24627 Technical amendments, 56560-56561 03-24628 Federal Acquisition Regulation (FAR): Central contractor registration, 56668-56676 03-24582 Contract financing payments; overpayment notification, 56681-56684 03-24586 Defense against or recovery from terrorism or nuclear, biological, chemical or radiological attack; procurements of supplies or services, 56680-56682 03-24585 Dominican Republic; products eligibility reinstated, 56683-56685 03-24587 Economic planning, employee morals, and travel cost principles, 56685-56688 03-24589 Electronic commerce in federal procurement, 56675-56679 03-24583 Introduction, 56667-56669 03-24581 Prohibited sources, 56684-56686 03-24588 Small entity compliance guide, 56688-56690 03-24591 Technical amendments, 56687-56689 03-24590 Unique contract and order identifier numbers, 56678-56680 03-24584 PROPOSED RULES Federal Acquisition Regulation (FAR):

Share-in-savings contracting, 56613-56616 03-24855 Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56650-56651 03-24815 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.: Nuclear Engineering Education Research Program, 56624 03-24873 Meetings: Environmental Management Site-Specific Advisory Board— Hanford Site, WA, 56625 03-24870 Oak Ridge Reservation, TN, 56625-56626 03-24871 Paducah Gaseous Diffusion Plant, KY, 56624-56625 03-24868 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56626-56628 03-24872 Meetings:

American Statistical Association Committee on Energy Statistics, 56628 03-24869 EPA Environmental Protection Agency PROPOSED RULES Solid wastes: Hazardous waste; identification and listing— Exclusions, 56603-56613 03-24910 NOTICES Air pollution control: Acid Rain Program— Excess emission penalty; annual adjustment factors, 56632 03-24911 Water pollution control: Total maximum daily loads— Arkansas; state-wide waters list, 56632 03-24777 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

BAE Systems (Operations) Ltd., 56596-56598 03-24846 Boeing, 56591-56594, 56598-56600 03-24842 03-24848 McDonnell Douglas, 56594-56596 03-24847 FCC Federal Communications Commission RULES Common carrier services: Telephone Consumer Protection Act; implementation— Do-Not-Call Implementation Act; unwanted telephone solicitations, 56763-56764 03-25064 FDIC Federal Deposit Insurance Corporation RULES Capital maintenance: Consolidated asset-backed commercial paper program assets; interim capital treatment; risk-based capital and capital adequacy guidelines, 56530-56537 03-23756 PROPOSED RULES Capital maintenance:

Asset-backed commercial paper programs and early amortization provisions; risk-based capital and capital adequacy guidelines, 56568-56586 03-23757 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Virginia Electric & Power Co. et al. Meetings; Sunshine Act, 56629-56632 03-24953 03-24954 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 56632-56633 03-24897 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56663-56664 03-24875 Federal Reserve Federal Reserve System RULES Capital maintenance:

Consolidated asset-backed commercial paper program assets; interim capital treatment; risk-based capital and capital adequacy guidelines, 56530-56537 03-23756 PROPOSED RULES Capital maintenance: Asset-backed commercial paper programs and early amortization provisions; risk-based capital and capital adequacy guidelines, 56568-56586 03-23757 NOTICES Banks and bank holding companies: Change in bank control, 56633 03-24807 Formations, acquisitions, and mergers, 56633 03-24808 Fish Fish and Wildlife Service RULES Endangered and threatened species:

Truckee barberry; delisting, 56564-56567 03-24858 NOTICES Agency information collection activities; proposals, submissions, and approvals, 56645-56646 03-24798 Endangered and threatened species: Recovery plans— Fat threeridge, etc. (seven freshwater mussels), 56647-56648 03-24838 Endangered and threatened species permit applications, 56646-56647 03-24837 Food Food and Drug Administration PROPOSED RULES Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation:

Food facilities registration and prior notice of imported food shipments— Satellite downlink public meeting, 56600-56603 03-24921 NOTICES Agency information collection activities; proposals, submissions, and approvals, 56635-56636 03-24799 Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— Trilafon tablets, 56636-56637 03-24862 Meetings: Oncologic Drugs Advisory Committee, 56637 03-24920 Forest Forest Service NOTICES Meetings: National Urban and Community Forestry Advisory Council, 56617 03-24854 Resource Advisory Committees— Crook County, 56617-56618 03-24849 Hood/Willamette, 56617 03-24839 Lassen County, 56617 03-24835 GSA General Services Administration RULES Federal Acquisition Regulation (FAR):

Central contractor registration, 56668-56676 03-24582 Contract financing payments; overpayment notification, 56681-56684 03-24586 Defense against or recovery from terrorism or nuclear, biological, chemical or radiological attack; procurements of supplies or services, 56680-56682 03-24585 Dominican Republic; products eligibility reinstated, 56683-56685 03-24587 Economic planning, employee morals, and travel cost principles, 56685-56688 03-24589 Electronic commerce in federal procurement, 56675-56679 03-24583 Introduction, 56667-56669 03-24581 Prohibited sources, 56684-56686 03-24588 Small entity compliance guide, 56688-56690 03-24591 Technical amendments, 56687-56689 03-24590 Unique contract and order identifier numbers, 56678-56680 03-24584 Nondiscrimination on basis of race, color, national origin, handicap, or age in federally assisted programs or activities, 56560 03-24456 PROPOSED RULES Federal Acquisition Regulation (FAR):

Share-in-savings contracting, 56613-56616 03-24855 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Customs and Border Protection Bureau NOTICES Meetings: Human Resource Management System Senior Review Advisory Committee, 56643 03-24906 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56645 03-24810 Public and Indian housing:

Housing assistance payments (Section 8)— Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program; 2004 FY fair market rents, 56703-56762 03-24962 Interior Interior Department See Fish and Wildlife Service See National Park Service RULES Watches, watch movements, and jewelry: Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 56555-56556 03-24903 IRS Internal Revenue Service RULES Income taxes: Tax attributes reduction due to discharge of indebtedness; correction, 56556 03-24912 International International Trade Administration RULES Watches, watch movements and jewelry:

Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 56555-56556 03-24903 NOTICES Antidumping: Barium carbonate from— China, 56619 03-24901 Canned pineapple fruit from— Thailand, 56619-56620 03-24905 Polyvinyl alcohol from— China, 56620-56621 03-24899 Korea, 56621-56622 03-24900 Stainless steel sheet and strip in coils from— Korea, 56622 03-24902 Antidumping and countervailing duties: Administrative review requests, 56618-56619 03-24904 North American Free Trade Agreement (NAFTA); binational panel reviews:

Extraordinary Challenge Committee request; pure magnesium from Canada, 56623 03-24878 *Applications, hearings, determinations, etc.:* Colorado State University, 56622-56623 03-24898 International International Trade Commission NOTICES Administrative protective orders; breaches, sanctions, etc., 56648-56649 03-24805 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Occupational Safety and Health Administration Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.:

Minority business financing; comment request, 56623 03-24879 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Central contractor registration, 56668-56676 03-24582 Contract financing payments; overpayment notification, 56681-56684 03-24586 Defense against or recovery from terrorism or nuclear, biological, chemical or radiological attack; procurements of supplies or services, 56680-56682 03-24585 Dominican Republic; products eligibility reinstated, 56683-56685 03-24587 Economic planning, employee morals, and travel cost principles, 56685-56688 03-24589 Electronic commerce in federal procurement, 56675-56679 03-24583 Introduction, 56667-56669 03-24581 Prohibited sources, 56684-56686 03-24588 Small entity compliance guide, 56688-56690 03-24591 Technical amendments, 56687-56689 03-24590 Unique contract and order identifier numbers, 56678-56680 03-24584 PROPOSED RULES Federal Acquisition Regulation (FAR):

Share-in-savings contracting, 56613-56616 03-24855 NOTICES Meetings: Advisory Council Biological and Physical Research Advisory Committee, 56651 03-24859 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 56651-56653 03-24800 03-24801 Agency records schedules; availability, 56653-56654 03-24802 National Credit National Credit Union Administration RULES Credit unions: Member business loans; miscellaneous amendments, 56537-56553 03-24760 PROPOSED RULES Credit unions:

Conversion of insured credit unions to mutual savings banks; information disclosure, 56589-56591 03-24762 Suretyship and guaranty requirements; maximum borrowing authority, 56586-56589 03-24761 NIH National Institutes of Health NOTICES Meetings: Director's Council of Public Representatives, 56637-56638 03-24825 National Cancer Institute, 03-24828 56638 03-24829 National Institute of Allergy and Infectious Diseases, 56641 03-24830 National Institute of Environmental Health Sciences, 56641 03-24831 National Institute of Mental Health, 03-24826 56640-56641 03-24827 National Institute of Nursing Research, 56638-56639 03-24821 National Institute on Aging, 03-24822 03-24823 56639-56640 03-24824 Scientific Review Center, 56641-56642 03-24819 03-24820 National Park National Park Service NOTICES Concessions contract negotiations:

Circle Line-Statue of Liberty Ferry Inc., 56648 03-24877 Meetings: Juan Bautista de Anza National Historic Trail Advisory Commission, 56648 03-24876 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Licensing Support System Advisory Review Panel, 56654-56655 03-24852 Meetings: Reactor Safeguards Advisory Committee, 03-24851 56655 03-24853 Occupational Occupational Safety and Health Administration NOTICES Reports and guidance documents; availability, etc.:

Ergonomics for prevention of musculoskeletal disorders— Retail grocery store and poultry processing guidelines; meetings rescheduled, 56651 03-24931 Patent Patent and Trademark Office RULES Patents and trademarks: Correspondence filing; correspondence, copy requests; fees payment, and general information Correction, 56556-56557 03-24812 NOTICES Agency information collection activities; proposals, submissions, and approvals, 56623-56624 03-24850 Personnel Personnel Management Office RULES Health benefits, Federal employees:

Federal Employees Health Benefits Children's Equity Act of 2002; implementation, 56523-56525 03-24792 Premium conversion; pre-tax payment, 56525-56529 03-24793 Pay administration: Extended assignment incentives Correction, 56665 C3-23132 Postal Postal Service RULES Domestic Mail Manual: Indemnity claims; effective date delay, 56557 03-24915 Freedom of Information Act; implementation: Organizational changes and fee structure, 56557-56560 03-24914 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Minority Enterprise Development Week (Proc. 7710), 56521-56522 03-25035 ADMINISTRATIVE ORDERS Government agencies and employees:

State, Department of and Department of Homeland Security; notice of transmittal of report to the Congress concerning implementation of the Memorandum of Understanding (Notice of September 29, 2003) [ **Editorial Note:** This document, published 68 FR 56519 in the **Federal Register** of September 30, 2003, was inadvertently listed with its document number instead of its page number.] SEC Securities and Exchange Commission RULES Investment advisors: Custody of funds or securities of clients, 56691-56701 03-24813 NOTICES Public Utility Holding Company Act of 1935 filings, 56655-56656 03-24864 Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 56658-56660 03-24867 International Securities Exchange, Inc., 56660-56661 03-24866 National Association of Securities Dealers, Inc., 56661-56662 03-24865 Self-regulatory organizations and electronic communications networks; business continuity planning for trading markets; policy statement, 56656-56658 03-24863 SBA Small Business Administration RULES Business loans: Guarantee fees and ongoing services fees paid by participating loan program lenders, 56553-56554 03-24728 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 56662-56663 03-24896 Meeting:

Shipping Coordinating Committee, 56663 03-25016 Thrift Thrift Supervision Office RULES Capital maintenance: Consolidated asset-backed commercial paper program assets; interim capital treatment; risk-based capital and capital adequacy guidelines, 56530-56537 03-23756 PROPOSED RULES Capital maintenance: Asset-backed commercial paper programs and early amortization provisions; risk-based capital and capital adequacy guidelines, 56568-56586 03-23757 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office RULES Articles conditionally free, subject to reduced rate, etc:

Caribbean Basin Economic Recovery Act; brassieres; preferential treatment [ **Editorial Note:** This joint document, published at 68 FR 56166 in the **Federal Register** of September 30, 2003, was inadvertently carried only under Customs and Border Protection Bureau in that issue's Table of Contents.] NOTICES Agency information collection activities; proposals, submissions, and approvals, 56664 03-24880 Separate Parts In This Issue Part II Defense Department; General Services Administration;

National Aeronautics and Space Administration, 56667-56690 03-24581 03-24582 03-24583 03-24584 03-24585 03-24586 03-24587 03-24588 03-24589 03-24590 03-24591 Part III Securities and Exchange Commission, 56691-56701 03-24813 Part IV Housing and Urban Development Department, 56703-56762 03-24962 Part V Federal Communications Commission, 56763-56764 03-25064 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 190 Wednesday, October 1, 2003 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 890 and 892 RIN 3206-AJ34 Federal Employees Health Benefits Children's Equity AGENCY: Office of Personnel Management. ACTION: Interim rule with request for comments.

SUMMARY: The Office of Personnel Management

(OPM)is issuing interim regulations to implement the Federal Employees Health Benefits Children's Equity Act of 2000, which was enacted October 30, 2000. This law mandates the enrollment of a Federal employee for self and family coverage in the Federal Employees Health Benefits

(FEHB)Program, if the employee is subject to a court or administrative order requiring him/her to provide health benefits for his/her child(ren) and the employee does not provide documentation of compliance with the order. DATES: Interim rules are effective October 31, 2003. OPM must receive comments on or before December 1, 2003. ADDRESSES: Send written comments to Abby L. Block, Senior Advisor for Employee and Family Support, Strategic Human Resources Policy Division, Office of Personnel Management, 1900 E Street NW., Washington DC 20415-3666; or deliver to OPM, Room 3425, 1900 E Street NW., Washington, DC; or FAX to

(202)606-0633. FOR FURTHER INFORMATION CONTACT: Nataya Battle

(202)606-0004. SUPPLEMENTARY INFORMATION: On October 30, 2000, Public Law 106-394, 114 Stat. 1629, was enacted. This law, the Federal Employees Health Benefits Children's Equity Act of 2000, mandates compliance with court or administrative orders requiring Federal employees to provide health benefits for their children. The law was effective upon enactment. Before the enactment of Public Law 106-394, a court or State administrative agency could issue an order for an individual to provide health benefits for his or her child(ren); however, there was nothing in the FEHB law to require compliance. While the issuance of such an order was an event that allowed an employee to enroll or to change from self only to self and family, the enrollment was voluntary on the employee's part. The law now makes compliance with the court or administrative order mandatory. A Federal employee subject to such an order must enroll for self and family coverage in a health plan that provides full benefits in the area where the children live or provide documentation to the agency that he or she has obtained other health benefits for the children. If the employee does not do so, the agency will enroll the employee involuntarily as follows:

(1)If the employee has no FEHB coverage, the agency will enroll him or her for self and family coverage in the option of the Blue Cross and Blue Shield Service Benefit Plan that provides the lower level of coverage;

(2)if the employee has a self only enrollment in a fee-for-service plan or in an HMO that serves the area where the children live, the agency will change his or her enrollment to self and family in the same option of the same plan;

(3)if the employee is enrolled in an HMO that does not serve the area where the children live, the agency will change his or her enrollment to self and family in the lower option of the Blue Cross and Blue Shield Service Benefit Plan. As long as the court or administrative order is in effect, and the employee has at least one child identified in the order who is still eligible under the FEHB Program, the employee cannot cancel his or her enrollment, change to self only, or change to a plan that does not serve the area in which the child or children live, unless he or she provides documentation that he or she has other coverage for the children. If the court or administrative order is still in effect at the time the employee retires, and if at least one child is still eligible for FEHB, the employee must continue FEHB into retirement (if eligible) and cannot make any of these changes after retirement for as long as the order remains in effect and the child continues to be eligible under 5 U.S.C. 8901(5). If such an employee goes into a nonpay status, or if his or her salary becomes insufficient to make the premium withholdings, he or she cannot choose to terminate the enrollment. Instead, the employee must continue the coverage and either make direct premium payments or incur a debt to the Government. (By law, an employee's enrollment still terminates after 1 year in nonpay status.) If the annuity of an employee who remained subject to such a court or administrative order upon retirement becomes insufficient to make the premium withholdings, the annuitant cannot choose to terminate the enrollment. Instead, he or she must continue the coverage and make direct premium payments for as long as the order remains in effect and the child continues to be eligible under 5 U.S.C. 8901(5). Waiver of Notice of Proposed Rulemaking In accordance with § 553(b)(3)(B) of title 5 of the U.S. Code, I find that good cause exists for waiving the general notice of proposed rulemaking. Notice is being waived to implement currently effective legislation. There is an immediate need for implementation of an interim regulation in order to expand the processing of child medical support court orders for children of Federal employees who become annuitants. Public Law 106-394 does not address what happens to the child medical support court order once the employee retires. As a result, the children of retirees are being harmed without regulation to authorize OPM to enforce the court orders that began while the parent was an employee. Public Law 106-394 has been in effect for three years and any further delay in effecting this regulation would be unnecessary and contrary to the public interest. 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 will only affect health benefits of certain Federal employees and retirees. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects 5 CFR Part 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professions, Hostages, Iraq, Kuwait, Lebanon, Military personnel, Reporting and recordkeeping requirements, Retirement. 5 CFR Part 892 Administrative practice and procedure, Government employees, Health insurance, Taxes, Wages. U.S. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending 5 CFR parts 890 and 892 as follows: PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 1. The authority citation for part 890 revised to read as follows: Authority: 5 U.S.C. 8913; § 890.303 also issued under 50 U.S.C. 403(p), 22 U.S.C. 4069c and 4069c-1; subpart L also issued under sec. 599C of Pub. L. 101-513, 104 Stat. 2064, as amended; § 890.102 also issued under sections 11202(f), 11232(e), and 11246(b) and

(c)of Pub. L. 105-33, 111 Stat. 251; and section 721 of Pub. L. 105-261, 112 Stat. 2061 unless otherwise noted. 2. In § 890.301 revise paragraphs (e)(1) and (f)(3) and add new paragraphs (g)(3) and (g)(4) to read as follows: § 890.301 Opportunities for employees who are not participants in premium conversion to enroll or change enrollment; effective dates.

(e)*Change to self only.*

(1)Subject to two exceptions, an employee may change the enrollment from self and family to self only at any time. *Exceptions:*

(i)An employee participating in health insurance premium conversion may change to self only during an open season or because of and consistent with a qualifying life event as defined in Part 892 of this chapter.

(ii)An employee who is subject to a court or administrative order as discussed in § 890.301(g)(3) cannot make this change as long as the court or administrative order is still in effect and the employee has at least one child identified in the order who is still eligible under the FEHB Program, unless the employee provides documentation to the agency that he or she has other coverage for the child(ren).

(f)* * *

(3)With one exception, during an open season, an eligible employee may enroll and an enrolled employee may change his or her existing enrollment from self only to self and family, may change from one plan or option to another, or may make any combination of these changes. *Exception:* An employee who is subject to a court or administrative order as discussed in § 890.301(g)(3) cannot cancel his or her enrollment, change to self only, or change to a comprehensive medical plan that does not serve the area where his or her child or children live as long as the court or administrative order is still in effect and the employee has at least one child identified in the order who is still eligible under the FEHB Program, unless the employee provides documentation to the agency that he or she has other coverage for the child(ren).

(g)* * * (3)(i) If an employing office receives a court or administrative order on or after October 30, 2000, requiring an employee to provide health benefits for his or her child or children, the employing office will determine if the employee has a self and family enrollment in a health benefits plan that provides full benefits in the area where the child or children live. If the employee does not have the required enrollment, the agency must notify him or her that it has received the court or administrative order and give the employee until the end of the following pay period to change his or her enrollment or provide documentation to the employing office that he or she has other coverage for the child or children. If the employee does not comply within these time frames, the employing office must enroll the employee involuntarily as stated in paragraph (g)(3)(ii) of this section.

(ii)If the employee is not enrolled or does not enroll, the agency must enroll him or her for self and family coverage in the option that provides the lower level of coverage in the Service Benefit Plan. If the employee has a self only enrollment, the employing office must change the enrollment to self and family in the same option and plan, as long as the plan provides full benefits in the area where the child or children live. If the employee is enrolled in a comprehensive medical plan that does not serve the area in which the child or children live, the employing office must change the enrollment to self and family in the option that provides the lower level of coverage in the Service Benefit Plan.

(4)Subject to two exceptions, the effective date of an involuntary enrollment under paragraph (g)(3) of this section is the 1st day of the pay period that begins after the date the employing office completes the enrollment request. *Exceptions:*

(i)If the court or administrative order requires an earlier effective date, the effective date will be the 1st day of the pay period that includes that date. Retroactive effective dates cannot be to a date that is more than 2 years earlier, or prior to October 30, 2000.

(ii)If after an involuntary enrollment becomes effective and the employing office finds that circumstances beyond the employee's control prevented him or her from enrolling or changing the enrollment within the time limits in this section, the employee may change the enrollment prospectively within 60 days after the employing office advises the employee of its finding. 3. In § 890.304 revise paragraph (d)(1) and the section heading to read as follows: § 890.304 Termination of enrollment.

(d)*Cancellation or suspension.* (1)(i) An employee who participates in health insurance premium conversion as provided in Part 892 of this chapter may cancel his or her enrollment only during an open season or because of and consistent with a qualifying life event defined in § 892.101 of this chapter.

(ii)Subject to the provisions of paragraph (d)(iii) of this section, an enrollee who does not participate in premium conversion may cancel his or her enrollment at anytime by filing an appropriate request with the employing office. The cancellation is effective at the end of the last day of the pay period in which the employing office receives the appropriate request canceling the enrollment.

(iii)An employee who is subject to a court or administrative order as discussed in § 890.301(g)(3), or an annuitant who was subject to such a court or administrative order at the time of his or her retirement, cannot cancel or suspend his or her enrollment as long as the court or administrative order is still in effect and the enrollee has at least one child identified in the order who is still eligible under the FEHB Program, unless the employee or annuitant provides documentation to the agency that he or she has other coverage for the child or children. 4. In § 890.306 revise paragraphs (e)(1) and (f)(1)(i) to read as follows: § 890.306 Opportunities for annuitants to change enrollment or to reenroll; effective dates.

(e)*Enrollment change to self only.*

(1)With one exception, an annuitant may change the enrollment from self and family to self only at any time. *Exception:* An annuitant who, as an employee, was subject to a court or administrative order as discussed in § 890.301(g)(3) at the time he or she retired cannot change to self only after retirement as long as the court or administrative order is still in effect and the annuitant has at least one child identified in the order who is still eligible under the FEHB Program, unless the annuitant provides documentation to the retirement system that he or she has other coverage for the child or children.

(f)* * *

(1)* * *

(i)With one exception, an enrolled annuitant may change the enrollment from self only to self and family, may change from one plan or option to another, or may make any combination of these changes. *Exception:* An annuitant who, as an employee, was subject to a court or administrative order as discussed in § 890.301(g)(3) at the time he or she retired cannot cancel or suspend his or her enrollment, change to self only, or change to a comprehensive medical plan that does not serve the area where his or her children live after retirement as long as the court or administrative order is still in effect and the annuitant has at least one child identified in the order who is still eligible under the FEHB Program, unless the annuitant provides documentation to the retirement system that he or she has other coverage for the child or children. 5. In § 890.502 add a new sentence after the first sentence in paragraph (b)(2), redesignate paragraph (b)(4) as paragraph (b)(4)(i), and add a new paragraph (b)(4)(ii) to read as follows: § 890.502 Employee withholdings and contributions.

(b)* * *

(2)* * * *Exception:* An employee who is subject to a court or administrative order as discussed in § 890.301(g)(3) cannot elect to terminate his or her enrollment as long as the court/administrative order is still in effect and the employee has at least one child identified in the order who is still eligible under the FEHB Program, unless the employee provides documentation that he or she has other coverage for the child or children. * * * (4)(ii) If the employee is subject to a court or administrative order as discussed in § 890.301(g)(3), the coverage cannot terminate. If the employee does not return the signed form, the coverage will continue and the employee will incur a debt to the Government as discussed in paragraphs (b)(2)(i) and (b)(2)(ii) of this section. PART 892—FEDERAL FLEXIBLE BENEFITS PLAN: PRE-TAX PAYMENT OF HEALTH BENEFITS PREMIUMS 6. The authority citation for part 892 continues to read as follows: Authority: 5 U.S.C. 8913; 26 U.S.C. 125. 7. Amend by revising § 892.207 to read as follows: § 892.207 Can I make changes to my FEHB enrollment while I am participating in premium conversion?

(a)Subject to the exceptions described in paragraphs

(b)and

(c)of this section, you can make changes to your FEHB enrollment for the same reasons and with the same effective dates listed in § 890.301 of this chapter.

(b)However, if you are participating in premium conversion there are two exceptions: you must have a qualifying life event to change from self and family enrollment to self only enrollment or to drop FEHB coverage entirely. ( *See* § 892.209 and § 892.210.) Your change in enrollment must be consistent with and correspond to your qualifying life event as described in § 892.101. These limitations apply only to changes you may wish to make outside open season.

(c)If you are subject to a court or administrative order as discussed in § 890.301(g)(3) of this chapter, your employing agency can limit a change to your enrollment as long as the court or administrative order is still in effect and you have at least one child identified in the order who is still eligible under the FEHB Program, unless you provide documentation to your agency that you have other coverage for your child or children. See also § 892.208 and § 892.209. 8. Revise the section heading and add a new paragraph

(c)to § 892.208 to read as follows: § 892.208 Can I change my enrollment from self and family to self only at any time?

(c)If you are subject to a court or administrative order as discussed in § 890.301(g)(3) of this chapter, you cannot change your enrollment to self only as long as the court or administrative order is still in effect and you have at least one child identified in the order who is still eligible under the FEHB Program, unless you provide documentation to your agency that you have other coverage for your child or children. See also § 892.207 and § 892.209. 9. Add a new paragraph

(c)to § 892.209 to read as follows: § 892.209 Can I cancel FEHB coverage at any time?

(c)If you are subject to a court or administrative order as discussed in § 890.301(g)(3) of this chapter, you cannot cancel your coverage as long as the court or administrative order is still in effect and you have at least one child identified in the order who is still eligible under the FEHB Program, unless you provide documentation to your agency that you have other coverage for your child or children. [FR Doc. 03-24792 Filed 9-30-03; 8:45 am]

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