Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-09-23.xml --- 69 184 Thursday, September 23, 2004 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 57032-57033 04-21339 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56988-56990 04-21352 Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 57003-57004 04-21368 04-21369 Environmental statements; record of decision:

Eastern West Virginia Regional Airport, WV; 167th Airlift Wing of West Virginia Air National Guard; conversion to C-5 aircraft, 57004 04-21367 Global Positioning Systems: Navstar GPS Space Segment/Navigation User Segment Interface Control Document; document identifier changes, 04-21365 57005 04-21366 Meetings: Scientific Advisory Board, 57005 04-21370 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Organization, functions, and authority delegations: Nondisclosure agreement requests; approving officials, 57086 04-21335 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 56990-56992 E4-2344 E4-2345 Environmental statements; availability, etc.:

Oral Rabies Vaccination Program, 56992-56993 E4-2346 Meetings: Big cat symposia; care and maintenance, 56993-56994 E4-2343 Army Army Department NOTICES Privacy Act: Systems of records, 57005-57008 04-21324 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Air Force Department See Army Department See Navy Department NOTICES Arms sales notification; transmittal letter, etc., 56999-57002 04-21322 Meetings:

Science Board task forces, 57002-57003 04-21321 Science Board task forces; correction, 57002 04-21320 Privacy Act: Systems of records Marine Corps, 57003 04-21326 Delaware Delaware River Basin Commission NOTICES Water Code and Comprehensive Plan amendments: Lower Delaware River; special protection waters classification; public hearing, 57008-57010 04-21350 Point and non-point source discharges of toxic pollutants; pollutant minimization plan requirements; public hearing, 57010-57011 04-21351 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Postsecondary education— Business and International Education Program, 57021-57024 E4-2358 Fulbright-Hays Group Projects Abroad Program, 57014-57017 E4-2356 International Research and Studies Program, 57011-57014 E4-2355 Undergraduate International Studies and Foreign Language Program, 57017-57021 E4-2357 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 57024 04-21538 Employment Employment and Training Administration NOTICES Adjustment assistance: Ahearn & Soper Co., Inc., 57088 E4-2334 C&W Fabricators, Inc., 57088 E4-2329 Dana Undies, 57088 E4-2338 Elliott Power Systems et al., 57088-57091 04-21348 Gateway Country Store, 57091 E4-2335 GE Electric, 57091 E4-2332 Hitachi Magnetics Corp., 57091 E4-2340 Honeywell Video Systems, 57091-57092 E4-2337 Irwin Manufacturing Corp., 57092 E4-2339 Johnson Screens, Inc., 57092 E4-2341 JP Morgan Chase & Co., 57092 E4-2336 Main Street Textiles, LP. et al., 57092 E4-2330 Rock-Tenn Co. et al, 57092-57096 E4-2333 Volt Temporary Services, 57096 E4-2331 Meetings:

Native American Employment and Training Council, 57096-57097 E4-2342 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Chairs, 57024 04-21384 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Iowa, 56942-56949 04-21386 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 56949-56956 04-21388 PROPOSED RULES Superfund program:

National oil and hazardous substances contingency plan— National priorities list update, 56970-56976 04-21387 NOTICES Committees; establishment, renewal, termination, etc.: Environmental Financial Advisory Board, 57029 04-21389 Executive Executive Office of the President See National Drug Control Policy Office See Presidential Documents See Science and Technology Policy Office FAA Federal Aviation Administration RULES Class E airspace, 56931-56932 04-21395 04-21396 PROPOSED RULES Airworthiness standards:

Special conditions— Boeing Model 777 series airplanes, 56961-56963 04-21393 Class D airspace, 56963-56964 04-21398 Class E airspace, 56964-56968 04-21394 04-21397 04-21399 FCC Federal Communications Commission RULES Common carrier services: Communications Assistance for Law Enforcement Act— Commercial wireless push-to-talk services; declaratory ruling, 56956-56957 04-20706 Satellite communications— Multichannel video distribution and data service in 12 GHz band; technical, service, and licensing rules; correction, 56956 04-20785 PROPOSED RULES Common carrier services:

Communications Assistance for Law Enforcement Act— Legal and policy framework, 56976-56987 04-20705 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 57030 04-21466 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Ford Motor Co., 57026 E4-2323 Hydroelectric applications, E4-2321 57026-57028 E4-2324 E4-2325 Meetings: Kern River Gas Transmission Co.; settlement conference, 57028 E4-2320 Texas Eastern Transmission, L.P.; settlement conference, 57028-57029 E4-2326 *Applications, hearings, determinations, etc.:* Hartford Steam Co., 57024-57025 E4-2328 N.E.W.

Hydro, Inc., 57025 E4-2322 Northwest Pipeline Corp., 57025-57026 E4-2327 Federal Labor Federal Labor Relations Authority NOTICES Senior Executive Service: Performance Review Board; membership, 57030 04-21381 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 57099 04-21483 Federal Reserve Federal Reserve System RULES Practice and procedure: Civil money penalty; inflation adjustment, 56929-56930 04-21362 NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 57030-57031 04-21364 04-21406 04-21407 Permissible nonbanking activities, 04-21363 57032 04-21405 FTC Federal Trade Commission RULES Industry guides: Tire advertising and labeling guides; CFR part removed, 56932-56934 04-21404 Fish Fish and Wildlife Service RULES Migratory bird hunting: Late-season regulations (2004-2005), 57139-57159 04-21277 NOTICES Comprehensive conservation plans; availability, etc.: Illinois River National Wildlife and Fish Refuge, IL, 57078-57079 04-21373 Mark Twain National Wildlife Refuge Complex, IA, IL, and MO, 57079-57080 04-21374 Minnesota Valley National Wildlife Refuge and Minnesota Valley Wetland Management District;

MN, 57080 04-21375 Food Food and Drug Administration RULES Medical devices: Immunology and microbiology devices— Beta-glucan serological assay classification, 56934-56936 04-21316 NOTICES Center for Biologics Evaluation and Research: Regulatory Site Visit Training Program, 57033-57034 04-21318 Reports and guidance documents; availability, etc.: Medical devices— Serological assays for detection of beta-glucan; Class II special controls, 57034-57035 04-21317 MISSING FOR: Foreign Assets Control Office Foreign Assets Control Office RULES Rough diamond control regulations; revision, 56936-56942 04-21329 Geological Geological Survey NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Westco Scientific Instruments, Inc., 57080 04-21383 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department NOTICES Reports and guidance documents; availability, etc.: US-VISIT Program; privacy impact assessment and privacy policy, 57036-57076 04-21280 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-21331 57076-57078 04-21332 04-21333 04-21338 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See Reclamation Bureau International International Trade Administration NOTICES Meetings:

President's Export Council, 56995 04-21468 International International Trade Commission NOTICES Import investigations: Natural bristle paint brushes from—- China, 57082 04-21392 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Pollution control; consent judgments: Apache Nitrogen Products, Inc., 57083 04-21312 Becton Dickinson AcuteCare Holdings, Inc., et al., 04-21307 57083-57084 04-21308 Littleson, Inc., et al., 57084 04-21310 Pilgrim Foods, 57084-57085 04-21306 Sigma-Aldrich Co., 57085 04-21311 Stone Container Corp., 57085-57086 04-21309 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57086-57088 04-21346 04-21347 Land Land Management Bureau NOTICES Public land orders:

New Mexico, 57081-57082 04-21360 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Drug National Drug Control Policy Office NOTICES Meetings: Drug Control Research, Data, and Evaluation Advisory Committee, 57099-57100 04-21327 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: J.K. Technologies, 57132 04-21378 Wallace Environmental Testing Laboratories, Inc., 57133 04-21377 NOAA National Oceanic and Atmospheric Administration NOTICES Marine mammals:

Incidental taking; authorization letters, etc.— BP Exploration (Alaska); Beaufort Sea, AK; offshore oil and gas platform operation; ringed seal, bearded seal, spotted seal, bowhead whale, etc., 56995-56998 04-21400 Permits: Endangered and threatened species, 56998-56999 04-21401 Marine mammals, 56999 04-21402 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: East Locust Creek Watershed, MO, 56994-56995 04-21390 Navy Navy Department NOTICES Privacy Act:

Systems of records, 57008 04-21325 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Leyse, Robert H., denied, 56958-56961 04-21337 NOTICES Petitions; Director's decisions: Radiac Research Corp., 57100 04-21341 Reports and guidance documents; availability, etc.: Fuel cycle facilities; reviewing licensee integrated safety assessments, license applications or amendment requests, or related licensing activities, 57101 04-21344 Generic letters— Pressurized-water reactors; potential impact of debris blockage on emergency sump recirculation, 57101-57102 04-21343 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57097-57099 04-21358 04-21359 National Office of National Drug Control Policy See National Drug Control Policy Office Overseas Overseas Private Investment Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-21356 57102 04-21357 Personnel Personnel Management Office RULES Health benefits, Federal employees:

Federal Employees Health Benefits Children's Equity Act of 2002; implementation, 56927-56929 04-21304 NOTICES Federal Employees’ Group Life Insurance Program: New age bands and premiums, 57102-57103 04-21305 Presidential Presidential Documents PROCLAMATIONS Special observances: National Farm Safety and Health Week (Proc. 7818), 56925 04-21506 Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group, 57082 04-21376 Research Research and Special Programs Administration NOTICES Hazardous materials:

Applications; exemptions, renewals, etc., 57133-57135 04-21379 04-21380 Pipeline safety: Advisory bulletins— Potential for damage to pipeline facilities caused by Hurricane Ivan; pipeline safety problems, 57135-57136 04-21382 Science Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 57029-57030 04-21418 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 57103 04-21361 Investment Company Act of 1940:

Federated Investors, Inc., et al., 57104-57110 E4-2347 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 57110-57111 E4-2352 Fixed Income Clearing Corp., 57111-57113 E4-2351 National Association of Securities Dealers, Inc., E4-2348 57113-57126 E4-2349 E4-2354 04-21371 New York Stock Exchange, Inc., 57126-57127 E4-2353 Philadelphia Stock Exchange, Inc., 57127 E4-2350 *Applications, hearings, determinations, etc.:* Redline Performance Products, Inc., 57103-57104 04-21328 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

International Education Training Program, 57127-57132 04-21385 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57035-57036 04-21372 Surface Surface Transportation Board NOTICES Rail carriers: Cost recovery procedures— Adjustment factor, 57136 04-21355 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 57136-57137 04-21391 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Thrift Supervision Office PROPOSED RULES Government Securities Act regulations:

Government securities; custodial holdings, 56968-56970 04-21334 Veterans Veterans Affairs Department NOTICES Meetings: Homeless Veterans Advisory Committee, 57137 04-21409 Naval Research Advisory Committee, 57137 04-21408 Voluntary Service National Advisory Committee, 57137-57138 04-21410 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 57139-57159 04-21277 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. 69 184 Thursday, September 23, 2004 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:

Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final 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 or her to provide health benefits for his or her child or children and the employee does not provide documentation of compliance with the order. DATES: *Effective Date:* October 25, 2004. FOR FURTHER INFORMATION CONTACT: Nataya Battle

(202)606-0004, or e-mail to *nataya.battle@opm.gov* . SUPPLEMENTARY INFORMATION: Background On October 1, 2003, OPM issued interim regulations in the **Federal Register** (68 FR 56523) to mandate compliance with court or administrative orders requiring Federal employees to provide health benefits for their children. The interim regulations were effective on October 31, 2003, and are located at parts 890 and 892. On October 30, 2000, the Federal Employees Health Benefits Children's Equity Act of 2000 (Pub. L. 106-394, 114 Stat. 1629) was enacted. This law mandates compliance with court or administrative orders requiring Federal employees to provide health benefits for their children. Before the enactment of Pub. L. 106-394, a court or State administrative agency could issue an order for an individual to provide health benefits for his or her child or children; 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 may not 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 may not 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 may not 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 may not 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). OPM received comments from one Federal agency, three State agencies, and one independent organization. Several of the comments addressed the same issue concerning mandating that the National Medical Support Notice

(NMSN)be accepted as an administrative order for medical support orders. OPM has addressed this issue in a Benefits Administration Letter instructing agencies to recognize the NMSN as an administrative order and to respond to the questions therein. Two comments suggested establishing an interagency procedure to determine health coverage requirements, including requesting copies of policies. The Public Law requires employees to provide evidence of full health benefits coverage and services in the location in which the child resides. It is not the intent of OPM to require agencies to analyze that coverage to compare benefits. One comment addressed the need for edits in the National Finance Center

(NFC)system to prevent affected employees from making unlawful changes in their enrollment. The NFC has had these edits in place for nearly two years. One comment addressed the need to extend health care coverage to all eligible children of non-custodial parents and to assure that the coverage covers siblings that may live in different geographical locations. Custodial parents must look to the court system or administrative agency to issue an order for an individual to be required to provide health benefits for his or her children. This regulation stipulates that the health coverage provided must cover all eligible children wherever they may live. Another suggestion was that employees who allow their alternate health benefits coverage to lapse should then lose the option to provide alternate coverage and be restricted to enrollment in the FEHB Program only. We do not believe the final regulations needs to impose such a restriction. OPM is not aware that lapses in coverage occur with any frequency. In addition, it is clearly the intent of the law that employees be allowed to provide alternate coverage. 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. Office of Personnel Management. Kay Coles James, Director. Accordingly, the interim rule amending 5 CFR parts 890 and 892, which was published at 68 FR 56523 on October 1, 2003, is adopted with only minor editorial changes for greater clarity as follows: PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 1. The authority citation for part 890 is 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)(ii), (f)(3) and (g)(4)(i) to read as follows: § 890.301 Opportunities for employees who are not participants in premium conversion to enroll or change enrollment; effective dates.

(e)* * *

(1)* * *

(ii)An employee who is subject to a court or administrative order as discussed in § 890.301(g)(3) may not 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) may not 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)* * *

(4)* * *

(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. Effective dates may not be retroactive to a date more than 2 years earlier, or prior to October 30, 2000. 3. In § 890.304 revise paragraph (d)(1) 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 any time 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, may not 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 When can annuitants or survivor annuitants change enrollment and what are the 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 may not 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 may not 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 revise the second sentence in paragraph (b)(2) and revise 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) may not 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 may not 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. Revise § 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. 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 may not 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. Revise 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 may not 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. 04-21304 Filed 9-22-04; 8:45 am]

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