Unknown. Interim rule with request for comments

2,527 words·~11 min read·/register/2004/06/07/04-12799

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-06-07.xml --- 69 109 Monday, June 7, 2004 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 31826-31827 04-12656 AID Agency for International Development PROPOSED RULES USAID programs; religious organizations participation, 31773-31777 04-12654 Agricultural Agricultural Marketing Service RULES Lamb promotion, research and information order, 31731-31733 04-12786 Peanuts, domestic and imported, marketed in United States; minimum quality and handling standards, 31725-31731 04-12787 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant related quarantine; domestic:

Pine shoot beetle, 31723-31725 04-12758 Plant-related quarantine, domestic: Gypsy moth, 31722-31723 04-12757 Army Army Department NOTICES Meetings: Science Board, 31815 04-12802 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Chronic Disease Prevention and Health Promotion Programs, 31827 04-12781 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 31789 04-12956 Coast Guard Coast Guard RULES Drawbridge operations:

Massachusetts, 31735-31737 04-12824 Ports and waterways safety: San Fancisco Bay, CA— Security zones, 31737-31739 04-12825 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.: Overdraft protection programs; interagency guidance; comment request, 31858-31864 04-12522 Defense Defense Department See Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 31814 04-12724 Committees; establishment, renewal, termination, etc.:

U.S. Army Amputee Patient Care Program Board, 31814-31815 04-12725 Meetings: Science Board task forces, 31815 04-12726 Strategic Environmental Research and Development Program Scientific Advisory Board; correction, 31865 C4-10586 Defense Defense Nuclear Facilities Safety Board NOTICES Recommendations: Oversight of complex, high-hazard nuclear operations, 31815-31817 04-12741 Economic Economic Analysis Bureau PROPOSED RULES International services surveys: BE-22; annual survey of selected services transactions with unaffiliated foreign persons, 31771-31772 04-12788 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 31817-31818 04-12742 04-12798 Energy Energy Department NOTICES Atomic energy agreements; subsequent arrangements, 31818 04-12764 EPA Environmental Protection Agency RULES Air programs;

State authority delegations: Nevada, 31742-31745 04-12773 Air quality implementation plans; approval and promulgation; various States: California, 31739-31742 04-12767 PROPOSED RULES Air programs; State authority delegations: Nevada, 31783 04-12774 Air quality implementation plans; approval and promulgation; various States: California, 31782-31783 04-12768 Idaho, 31778-31780 04-12700 Virginia, 31780-31782 04-12775 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31818-31819 04-12777 Meetings:

Science Advisory Board, 31819-31820 04-12776 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 31820 04-12862 Executive Executive Office of the President NOTICES Meetings: Commission on Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, 31820-31821 04-12756 FAA Federal Aviation Administration RULES Class E airspace; correction, 31865 C4-9916 NOTICES Meetings: Aviation Rulemaking Advisory Committee, 31856-31857 04-12826 FCC Federal Communications Commission RULES Common carrier services:

Satellite communications— Multichannel video distribution and data service in 12 GHz band; technical, service, and licensing rules, 31745-31751 04-12708 FDIC Federal Deposit Insurance Corporation NOTICES Reports and guidance documents; availability, etc.: Overdraft protection programs; interagency guidance; comment request, 31858-31864 04-12522 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Arkansas, 31831-31832 04-12793 04-12794 04-12795 Iowa, 31833 04-12797 Nebraska, 31833-31834 04-12796 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Terrebonne Parish et al., LA; North South Hurricane Evacuation Corridor, 31857 04-12739 Federal Reserve Federal Reserve System PROPOSED RULES Privacy Act; implementation, 31767-31771 04-12727 Truth in savings (Regulation DD): Bounced-check or courtesy overdraft protection, 31760-31767 04-12521 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 31821 04-12730 Meetings: Consumer Advisory Council, 31821 04-12729 Privacy Act: Systems of records, 31821-31823 04-12728 Reports and guidance documents; availability, etc.:

Overdraft protection programs; interagency guidance; comment request, 31858-31864 04-12522 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 31823 04-12778 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 31834-31835 04-12734 04-12735 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Clindamycin liquid, 31733-31734 04-12718 Ivermectin and clorsulon injection, 31734-31735 04-12717 PROPOSED RULES Human drugs:

Labeling of drug products (OTC)— Toll-free number for reporting adverse side effects; correction, 31773 04-12841 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 31784-31786 04-12812 04-12813 Environmental statements; notice of intent: Fishlake National Forest, UT, 31786-31788 04-12780 Sequoia National Forest, CA; cancelled, 31789 04-12779 GAO General Accounting Office NOTICES Committees; establishment, renewal, termination, etc.:

Medicare Payment Advisory Commission, 31823 04-12762 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31823-31824 04-12803 04-12804 Meetings: Chronic Fatigue Syndrome Advisory Committee, 31824-31825 04-12800 HIV/AIDS Presidential Advisory Council, 31825 04-12733 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Environmental statements; notice of intent:

National Biosecurity Analysis and Countermeasures Center Facility, Fort Detrick, MD, 31830-31831 04-12908 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Flathead Indian Irrigation Project, MN; scoping meetings, 31835-31836 04-12814 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Automotive replacement glass windshields from— China, 31789-31791 04-12806 Barium chloride from— China, 31791-31792 04-12807 Countervailing duties:

Low enriched uranium from— Various countries, 31792 04-12805 International International Trade Commission NOTICES Import investigations: Personal computers, server computers, and components, 31844-31845 04-12760 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Actuarial Examinations Advisory Committee, 31784 04-12823 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Oil and gas leases: Mississippi, 31836 04-12754 Realty actions; sales, leases, etc.:

New Mexico, 31836-31837 04-12753 Recreation management restrictions, etc.: Browns Park, Moffat County, CO; temporary travel restriction, 31837 04-12755 Farmington Field Office-administered public lands, NM; temporary closure for special recreation events, 31838 04-12752 Royalty management: Fort Union Federal Coal Production Region, 31838-31839 04-12751 Survey plat filings: Wyoming, 31839 04-12782 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Bectrasys Corp., 31845 04-12721 PAC Materials, L.L.C., 31845 04-12719 Spartan Light Metal Products, L.L.C., 31845 04-12720 National National Council on Disability NOTICES Meetings; Sunshine Act, 31845-31846 04-12851 National Credit National Credit Union Administration NOTICES Reports and guidance documents; availability, etc.: Overdraft protection programs; interagency guidance; comment request, 31858-31864 04-12522 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 31827-31828 04-12789 Meetings:

National Center for Research Resources, 31828-31829 04-12790 National Institute on Drug Abuse, 31829-31830 04-12791 04-12792 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 31751-31758 04-12707 West Coast salmon, 31758-31759 04-12809 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory, NY; northeastern Pacific Ocean; oceanographic surveys; cetaceans and pinnipeds, 31792-31806 04-12810 Scripps Institution of Oceanography, CA; southern Gulf of California; oceanographic surveys; cetaceans and pinnipeds, 31806-31814 04-12811 National Park National Park Service PROPOSED RULES Alaska National Park System units; amendments, 31778 04-12816 NOTICES Environmental statements; availability, etc.:

Chattahoochee River National Recreation Area, GA; general management plan, 31839-31840 04-12743 Native American human remains, funerary objects; inventory, repatriation, etc.: Denver Museum of Nature & Science, CO, 31840-31841 04-12660 04-12661 Salinas Pueblo Missions National Monument, Mountainair, NM, 31841-31842 04-12663 San Diego Archaeological Center, CA, 31842-31844 04-12662 04-12744 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 31846 04-12815 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 31846-31847 04-12747 Environmental statements; availability, etc.:

Entergy Operations, Inc., 31848-31849 04-12746 Tennessee Valley Authority, 31849-31850 04-12748 Meetings: Source Term Modeling Peer Review Committee, 31850 04-12750 *Applications, hearings, determinations, etc.:* Duke Energy Corp., 31847-31848 04-12749 Occupational Occupational Safety and Health Administration PROPOSED RULES Meetings: Construction Workers Hearing Conservation Program, 31777-31778 04-12759 Personnel Personnel Management Office RULES Health benefits, Federal employees:

Two option limitation modified and coverage continuation for annuitants whose plan terminates an option, 31721-31722 04-12799 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 31850 04-12738 SEC Securities and Exchange Commission NOTICES Public Company Accounting Oversight Board: Inspections of registered public accounting firms, 31850-31851 04-12740 Self-regulatory organizations; proposed rule changes:

Boston Stock Exchange, Inc., 31851-31856 04-12783 State State Department NOTICES Organization, functions, and authority delegations: Assistant Secretary for Diplomatic Security, 31856 04-12808 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Drug Testing Advisory Board, 31830 04-12737 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Ely, NV and White Pine Historical Railroad Foundation, 31857-31858 04-12687 Thrift Thrift Supervision Office NOTICES Reports and guidance documents; availability, etc.:

Overdraft protection programs; interagency guidance; comment request, 31858-31864 04-12522 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office Reader Aids Consult the Reader Aids section at the end of this page 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. 69 109 Monday, June 7, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN 3206-AK48 Federal Employees Health Benefits Program: Modification of Two-Option Limitation for Health Benefits Plans and Continuation of Coverage for Annuitants Whose Plan Terminates an Option AGENCY:

Office of Personnel Management. ACTION: Interim rule with request for comments. SUMMARY: The Office of Personnel Management

(OPM)is modifying the prohibition against Federal Employees Health Benefits

(FEHB)plans offering more than 2 options, to allow FEHB plans to offer 2 options plus a high deductible plan. OPM is also modifying what happens when an annuitant's health plan terminates an option, and the annuitant doesn't make a health benefits change. DATES: Effective June 7, 2004. OPM must receive comments by August 6, 2004. ADDRESSES: Send written comments to Abby L. Block, Deputy Associate Director for Employee and Family Support Policy, Strategic Human Resources Policy Division, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415; or deliver to OPM, Room 3425, 1900 E Street NW., Washington, DC; or FAX to

(202)606-0633. FOR FURTHER INFORMATION CONTACT: Karen Leibach,

(202)606-0004. SUPPLEMENTARY INFORMATION: Pub. L. 108-173, Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (the Medicare Modernization Act, 117 Stat. 2006), enacted December 8, 2003, contains a provision (section 1201) authorizing health savings accounts

(HSAs)for individuals who are not eligible for Medicare and who are in a high deductible health benefits plan. A high deductible plan, as defined in U.S. Code 223(c)(2)(A) of the title 26, is a plan with a deductible of at least $1,000 for individual coverage or $2,000 for family coverage. Some FEHB plans may be interested in offering eligible enrollees such a high deductible plan product with an HSA or a health reimbursement account

(HRA)if the enrollee is not eligible for an HSA. An HRA is an employer-provided accident or health plan, which reimburses employees for certain medical care expenses incurred by the employee, the employee's spouse, and dependents. However, many plans participating in the FEHB Program already offer 2 options, and current regulations do not permit FEHB plans to offer more than 2 options. Therefore, OPM is revising its regulations to allow plans participating in the FEHB Program to offer 2 options plus a high deductible plan. OPM is also changing slightly what happens when an annuitant's plan terminates an option, and the annuitant does not make a health benefits change. Currently, our regulations state that if a plan has 2 options, and one of the options is discontinued, an annuitant who does not change health plans is considered to be enrolled in the plan's remaining option. However, with the introduction of new products, such as consumer-driven plans and plans with high deductibles, it may not be in an annuitant's best interests to be “deemed” into a plan's remaining option. We are revising our regulation to state that an annuitant who doesn't make a health benefits change when his/her plan terminates an option will be moved into the plan's remaining option if that option reasonably approximates the terminating option. If the remaining option does not reasonably approximate the terminating option, such as the remaining option is a high deductible health plan or a consumer driven plan, and the annuitant doesn't make a health benefits change, he/she will be moved into the standard option of the Blue Cross and Blue Shield Service Benefit Plan. 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 and the 30-day delay in effectiveness for this rule. The HSA provision of Pub. L. 108-173 became effective January 1, 2004. 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 affects health benefits plans and annuitants participating in the Federal Employees Health Benefits Program. 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 in 5 CFR Part 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professionals, Hostages, Iraq, Kuwait, Lebanon, Reporting and record keeping requirements, Retirement. U.S. Office of Personnel Management. Kay Coles James, Director. Accordingly, OPM is amending 5 CFR part 890 as follows: PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 1. The authority citation for part 890 continues to read as follows: Authority: 5 U.S.C. 8913: § 890.803 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. Revise paragraph (b)(3) of § 890.201 to read as follows: § 890.201 Minimum standards for health benefits plans.

(b)* * *

(3)Have more than two options and a high deductible health plan (26 U.S.C. 223(c)(2)(A). 3. Revise paragraph (1)(4)(iii) of § 890.306 to read as follows: § 890.306 When can annuitants or survivor annuitants change enrollment or reenroll and what are the effective dates?

(1)* * *

(4)* * *

(iii)If a plan has more than one option, and one or more options of the plan is discontinued, an annuitant who does not change the enrollment is considered to be enrolled in a remaining option of the plan. However, if OPM determines that there is no remaining option that reasonably approximates the terminating option, the annuitant will be considered to be enrolled in the standard option of the Blue Cross and Blue Shield Service Benefit Plan. [FR Doc. 04-12799 Filed 6-2-04; 3:28 pm]

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