Unknown. Final rule

4,692 words·~21 min read·/register/2005/05/27/05-10642

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-2005-05-27.xml --- 70 102 Friday, May 27, 2005 Contents Agricultural Agricultural Marketing Service RULES Prunes (dried) produced in— California, 30610-30613 05-10469 PROPOSED RULES Tomatoes grown in— Florida, 30647-30651 05-10468 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service RULES Organization, functions, and authority delegations: General Counsel, 30609-30610 05-10612 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Explosives:

Commerce in explosives— Imported explosive materials; identification markings placement, 30626-30634 05-10618 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 30730 05-10644 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Cost reports; electronic submission, 30640-30643 05-10570 PROPOSED RULES Medicaid and Medicare: Hospice care; participation conditions, 30840-30893 05-9935 NOTICES Agency information collection activities; proposals, submissions, and approvals, 30730-30731 05-10706 Medicare: Ambulatory surgical centers; new technology intraocular lenses; payment review, 30731-30733 05-10760 Meetings: Medicare— Clinical laboratory tests; Physicians’ Current Procedural Terminology codes, 30734-30735 05-10263 Medicare Education Advisory Panel, 30733-30734 05-10569 Organization, functions, and authority delegations:

External Affairs Office et al., 30735-30738 05-10262 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Fostering Healthy Marriages within Native Communities to Improve Child Well-Being projects, 30738-30751 05-10661 Refugee social services; State allocations, 30751-30755 05-10674 Native American programs: Native Americans Administration program policies and procedures; proposed adoption, 30755-30756 05-10660 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

El Segundo, CA; Offshore Marine Terminal, 30638-30640 05-10594 Hempstead, NY; Sloop Channel; Wantagh Parkway 3 Bridge, 30635-30638 05-10591 Tampa Bay, FL, 30634-30635 05-10588 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Newburyport, MA, 30656-30658 05-10595 Regattas and marine parades: Piankatank River Race Meeting, 30656 05-10363 NOTICES Agency information collection activities; proposals, submissions, and approvals, 30764-30767 05-10589 05-10590 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 30691-30693 05-10647 05-10648 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Commercial availability actions— Colored, open-end spun yarns ranging in size from 6/1 to 18/1 English count, 30706-30707 E5-2706 Compacted, plied, ring spun cotton yarns, 30705-30706 05-10742 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30815-30817 E5-2691 E5-2692 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 30817-30818 05-10345 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Alaska natural gas pipeline loan guarantee, 30707-30708 05-10629 Meetings:

DOE/NSF Nuclear Science Advisory Committee, 30709 05-10630 EPA Environmental Protection Agency NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 30718 05-10675 Weekly receipts, 30718-30719 05-10676 Meetings: FIFRA Scientific Advisory Panel, 30719 05-10678 Pesticide registration, cancellation, etc.: Bayer Crop Science LP et al., 30719-30723 05-10679 Biopreparaty Co. Ltd., 30723-30725 05-10479 Toxic and hazardous substances control: New chemicals— Receipt and status information, 30725-30728 05-10478 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Air carrier certification and operations:

Light-sport aircraft; correction, 30624 05-10596 Airworthiness directives: Boeing, 30617-30621 05-10433 Bombardier, 30621-30624 05-10536 McDonnell Douglas, 30615-30617 05-10428 Turbomeca S.A., 30613-30615 05-10295 Class E airspace, 30624-30625 05-10600 PROPOSED RULES Airworthiness directives: Rolls-Royce plc, 30653-30655 05-10635 Turbomeca S.A., 30651-30653 05-10634 NOTICES Aeronautical land-use assurance; waivers: Barnstable Municipal Airport, MA, 30825 05-10598 Madras City-County Airport, OR, 30825-30826 05-10599 Miami International Airport, FL, 30826-30827 05-10597 Agency information collection activities; proposals, submissions, and approvals, 30827 05-10603 Passenger facility charges; applications, etc.:

Daytona Beach International Airport, FL, 30827-30828 05-10601 Des Moines International Airport, IA, 30828 05-10605 Washington Dulles International Airport, VA, 30828-30829 05-10604 Reports and guidance documents; availability, etc.: Bonded joints and structures; technical issues and certification considerations; policy statement, 30829 05-10602 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 30643-30646 05-10614 05-10615 PROPOSED RULES Flood elevation determinations:

Connecticut and Florida, 30658-30660 05-10613 NOTICES Agency information collection activities; proposals, submissions, and approvals, 30767-30768 05-10587 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 30710-30713 E5-2693 E5-2694 E5-2695 Hydroelectric applications, 30713-30714 E5-2701 Meetings: PJM Interconnection, L.L.C. region; capacity markets; technical conference, 30714 E5-2703 Off-the-record communications, 30715 E5-2698 Reports and guidance documents; availability, etc.:

Natural gas interchangeability, 30715-30716 E5-2702 *Applications, hearings, determinations, etc.:* El Paso Natural Gas Co., 30709 E5-2704 Gexa Energy LLC, 30710 E5-2700 Gulf States Wholesale Equity Partners, LP, et al., 30710 E5-2699 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Kootenai County, ID, 30829-30830 05-10608 Federal Mediation Federal Mediation and Conciliation Service NOTICES Grants and cooperative agreements; availability, etc.:

Labor-Management Cooperation Program; correction, 30728-30729 05-10622 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 30729 05-10623 FTC Federal Trade Commission NOTICES Meetings; Sunshine Act, 30729 05-10779 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 30772-30773 05-10607 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Carprofen, 30625-30626 05-10627 NOTICES Reports and guidance documents; availability, etc.: FDA Modernization Act of 1997— Recognized Standards List modification (Recognition List Numbers), 30756-30761 05-10626 Veterinary Medicinal Products, International Cooperation on Harmonization of Technical Requirements for Approval— New biotechnological/biological veterinary medicinal products; test procedures and acceptance criteria, 30763-30764 05-10625 New veterinary drug substances and new medicinal products; test procedures and acceptance criteria, 30761-30763 05-10624 Food Food Safety and Inspection Service NOTICES Codex Alimentarius Commission:

International sanitary and phytosanitary standard-setting activities, 30675-30690 05-10636 Forest Forest Service NOTICES Environmental statements; notice of intent: Black Hills National Forest, WY, 30690-30691 05-10640 Meetings: Resource Advisory Committees— Lincoln County, 30691 05-10646 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30729-30730 05-10610 05-10611 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 30769-30772 05-10379 Indian Indian Health Service NOTICES Inpatient and outpatient medical care; reimbursement rates (2005 CY), 30764 05-10650 Industry Industry and Security Bureau PROPOSED RULES Export administration regulations: Deemed export licensing practices; clarification and revision, 30655-30656 05-10672 NOTICES National Defense Stockpile:

Stockpile disposal levels, changes; potential market impact, 30693-30694 05-10617 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 30696-30697 E5-2705 Antidumping and countervailing duties: Administrative review requests, 30694-30696 05-10673 Meetings: United States Travel and Tourism Promotion Advisory Board, 30697 E5-2684 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Labor Labor Department See Employment and Training Administration See Employment Standards Administration NOTICES Grants and cooperative agreements; availability, etc.:

Combating exploitive child labor through education in— Angola, 30787-30801 05-10620 Mozambique, 30773-30787 05-10619 Sierra Leone and Liberia, 30801-30815 05-10621 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Western Montana, 30773 05-10645 Management Management and Budget Office NOTICES Meetings: Acquisition Advisory Panel, 30821-30822 05-10707 Merit Merit Systems Protection Board RULES Practice and procedure: Board organization and functions, statutory references, and clarifications, 30607-30609 05-10652 National Archives National Archives and Records Administration NOTICES Meetings:

Records of Congress Advisory Committee, 30818 05-10628 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and threatened species: Sea turtle conservation requirements— Mid-Atlantic; sea scallop dredge vessels, 30660-30666 05-10670 Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico Fishery Management Council; meetings, 30673-30674 05-10665 South Atlantic shrimp, 30666-30673 05-10671 NOTICES Marine mammals:

Incidental taking; authorization letters, etc.— Vandenberg Air Force Base, CA; harbor activities related to Delta IV/Evolved Expendable Launch Vehicle; Pacific harbor seals, etc., 30697-30702 05-10669 Meetings: Mid-Atlantic Fishery Management Council, 30702-30703 E5-2697 Pacific Fishery Management Council, 30703-30704 E5-2696 Permits: Endangered and threatened species, 30704 05-10667 Marine mammals, 30705 05-10666 Reports and guidance documents; availability, etc.: Beluga whales;

Cook Inlet, AK; conservation plan, 30697 05-10668 National Science National Science Foundation NOTICES Meetings: Materials Research Proposal Review Panel, 30818 05-10654 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 30818-30819 E5-2689 Environmental statements; availability, etc.: Nuclear Management Co., LLC, 30819-30820 E5-2688 *Applications, hearings, determinations, etc.:* Energy Department, 30820-30821 E5-2690 FirstEnergy Nuclear Operating Co., 30819 E5-2687 Office Office of Management and Budget See Management and Budget Office Personnel Personnel Management Office RULES Federal Long Term Care Insurance Program, 30605-30607 05-10642 PROPOSED RULES Training:

Reporting requirements, 30647 05-10641 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 30822 05-10631 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Korea Fund, Inc., 30823-30824 E5-2686 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 30824-30825 05-10653 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Norfolk Southern Railway Co., 30830 05-10649 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 30830-30832 05-10637 05-10638 05-10639 MISSING FOR: U.S. Citizenship and Immigration Services U.S.

Citizenship and Immigration Services NOTICES Immigration: Direct Mail Program— Form I-90; application to replace permanent resident card, 30768-30769 05-10708 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-2707 30832-30836 E5-2708 E5-2709 E5-2710 E5-2715 Cost-of-living adjustments and headstone or marker allowance rate, 30836-30838 05-10609 Western Western Area Power Administration NOTICES Environmental statements; notice of intent:

Big Stone II Power Plant and Transmission Project, SD and MN; construction and operation, 30716-30718 05-10662 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 30840-30893 05-9935 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. 70 102 Friday, May 27, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 875 RIN 3206-AJ71 Federal Long Term Care Insurance Regulation AGENCY:

Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing the final regulations that set forth rules for the administration of the Federal Long Term Care Insurance Program (FLTCIP). DATES: *Effective Date:* May 27, 2005. FOR FURTHER INFORMATION CONTACT: Anne Easton,

(202)606-0770, or *aseaston@opm.gov.* SUPPLEMENTARY INFORMATION: On February 4, 2003, interim regulations (68 FR 5530) governing the Federal Long Term Care Insurance Program (FLTCIP) became effective. There was a 60-day comment period. Nine comments were received in all regarding the regulations. One commenter suggested that OPM revise its regulations to include information and procedures relating to other Federal statutes and regulations. OPM declines to do so. These regulations are for the purpose of providing information and guidance regarding the FLTCIP and do not purport to address the applicability or inapplicability of other Federal statutes or regulations to the FLTCIP. Two commenters suggested that we broaden the definition of “qualified relative” to include domestic partners of Federal employees. We have determined that at this time we are not going to add any additional groups to those defined in statute. Five commenters requested that we delete or modify § 875.407, which states that the Carrier determines the insurability of all applicants and that the Carrier's decision may not be appealed to OPM. They state that the insurance underwriting and the Carrier-determined criteria are not consistent with the intent of the FLTCIP statute. However, we believe that Congressional intent is clear upon reading of the statute. Section 9002(e)(3) of title 5, United States Code, specifically states that “(n)othing in this chapter shall be considered to require that long-term care insurance coverage be guaranteed to an eligible individual.” Our intent in administering this Program is to offer coverage to eligible individuals but also to maintain competitive premiums. To guarantee coverage to all eligible individuals or all members of the workforce, regardless of their health, would require significantly higher premiums than are now being charged. This could jeopardize the viability of the Program as the more healthy individuals may choose to purchase their coverage elsewhere. Four commenters requested that OPM enact an appeal process for insurability decisions made by the Carrier. OPM believes the current process ensures that individuals with adequate training are able to conduct the proper review of appeals. In addition, appeals that go beyond the internal review processes of Long Term Care Partners are handled by an independent, third party vendor, approved by OPM. We believe it is in the best interest of the Federal Long Term Care Insurance Program to leave insurability decisions to trained underwriters, as we do with the Federal Employees' Group Life Insurance Program. One commenter suggested that we change § 875.104(c) to clarify the enrollee's right to appeal, specifically clarifying that any appeal of the Carrier's reconsideration decision is to be made directly to the Carrier and not OPM. We agree that this clarification is helpful, and are making the change. The same commenter also suggested that we change the term “misconduct” in § 875.210(b)

(1)to “gross misconduct.” We decline to do so, since relevant Federal law and regulations refer to and describe “misconduct,” not “gross misconduct.” We are also taking this opportunity to make several minor changes and clarifications to the regulation. We are clarifying in § 875.101 the definition of “Actively at Work.” We are broadening paragraph (1)(i) of the definition in two areas. The interim regulations stated that to be considered actively at work, you must be reporting for work “at your usual place of employment or other location to which Government business requires you to travel.” We are clarifying the language to ensure that a day spent at a telecommuting location counts as reporting for work. Also, the interim regulations did not specifically state that the requirement to be reporting for work is met with one-half day of active work, although this is how the requirement has been administered. The new language makes this clear. In addition, we are removing paragraph (1)(iii), which stated that any type of leave or absence from work does not count as being actively at work (except that an alternative work schedule's scheduled day off does count as a day actively at work). This deletion means that an alternative work schedule's scheduled day off will not count as a day actively at work. It is treated just as a day on any other type of leave would be treated; that is, a day not actively at work. However, to offset this change we are liberalizing the actively at work requirement in § 875.404(b)(2) to give employees an entire week, rather than one day, to meet the requirement. With that change, paragraph (b)(2)(iii) became redundant to paragraph (b)(2)(i); thus we deleted the entire paragraph for clarity's sake. When the interim regulations were published, the FLTCIP law specifically excluded all District of Columbia employees from participation, even though some are eligible for FEHB coverage. The regulations made this exclusion clear. However, since that time, Public Law 108-7 went into effect. Section 138(a) of the law makes employees and annuitants of the D.C. Courts (and their qualified relatives) eligible to apply for insurance under the Program and we held an Open Season for them. We would have changed § 875.201(a)(1) to indicate that these groups became eligible to apply for insurance under the Program. However, later in 2003, Congress enacted Public Law 108-136, the National Defense Authorization Act, which included new provisions for the Federal Long Term Care Insurance Program in section 561 of that law. Section 561 of that law amends Section 9001(2)(A) of title 5, United States Code. Three additional groups, and their qualified relatives, are now eligible to apply for insurance under the Program: • DC Government employees and retirees who were first employed by the DC Government before October 1, 1987, • Separated Federal employees with title to a deferred annuity, even if they aren't yet receiving that annuity, and • Retired “grey” reservists, even if they are not receiving retirement pay. The previous addition (employees and annuitants of the DC Courts) made by Public Law 108-7 was, in effect, superceded. (However, those DC Courts individuals hired before October 1, 1987 are added back to the eligible population by Public Law 108-136.) Another change occurred in legislation (Pub. L. 107-314) giving the Secretary of Defense the authority to determine that employees of a Non-Appropriated Fund

(NAF)instrumentality are eligible to apply for insurance under the Federal Program. In § 875.201(a) we are adding language to treat eligible NAF employees and retirees the same as Federal civilian employees or retirees, as the case may be, for this Part. Notwithstanding our ability to reflect the addition of groups that have been added by congressional action this past year, it has become clear that the regulations do not easily keep up with these legislative changes. Therefore, § 101, “workforce member” is being amended to make it clear that when a new group is added by law it is not necessary to amend the regulations to reflect this change. We are changing applicable references to Federal civilian and Postal employees and members of the uniformed services throughout the regulations to “active workforce member.” This is to reflect the likelihood in the future of the addition of other groups. The changes in the wording occur in the table of contents and in §§ 101, 201, 204, 206, 211, 404, 405, and 410. We are changing § 875.208 pertaining to eligibility rules with respect to qualified relatives of deceased individuals. The adult child of a Federal civilian survivor annuitant is considered to be a qualified relative who can apply for coverage, as is the current spouse of that survivor. But this is not the case for qualified relatives of the surviving spouse of a deceased member or a deceased retired member of the uniformed services who is receiving a survivor annuity. Neither their adult children nor their current spouses are considered qualified relatives. We are changing the regulation to extend the same eligibility status to all adult children and current spouses of surviving spouses receiving an annuity, regardless of whether this is based on civilian or uniformed service status. We are also adding a subsection

(c)to § 402 to reflect that we provide an Open Season to employees of newly eligible groups that have been added to FLTCIP. Traditionally, this is a 60-day period where there is abbreviated underwriting (equivalent to what was done in 2002 when the Program first became available) for those active workforce members of the new group. We are clarifying § 875.403 to state that there are two exceptions to the requirement for full underwriting outside of an open season. Those exceptions are described in § 875.206 and § 875.405 and are for new and newly eligible employees and their spouses, new and newly eligible active members of the uniformed services and their spouses, and the newly married spouses of eligible employees and active members of the uniformed services. They can apply with abbreviated underwriting within 60 days after becoming eligible. As mentioned previously, we are changing the actively at work requirement in § 875.404(b) (2). An active workforce member who submits an abbreviated underwriting application must now be actively at work at least 1 day during the calendar week immediately before the week that contains the person's original effective date. Interim regulations required that the person be actively at work on the original effective date. If that date fell on a weekend or holiday, the person had to be actively at work on the last workday before that date for coverage to become effective. This change will make it easier for employees to meet the actively at work requirement and should result in fewer postponements of coverage effective dates. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only Federal, Postal and D.C. Government employees and annuitants, active members of the uniformed services, retired members of the uniformed services, their qualified relatives, and the FLTCIP carrier(s). List of Subjects in 5 CFR Part 875 Administrative practices and procedures, Employee benefit plans, Government contracts, Government employees, Health insurance, Military personnel, Organization and functions, Retirement. U.S. Office of Personnel Management. Dan G. Blair, Acting Director. Accordingly, the interim rule establishing 5 CFR part 875 which was published at 68 FR 5530 on February 4, 2003, is adopted as a final rule with the following changes: PART 875—FEDERAL LONG TERM CARE INSURANCE PROGRAM 1. The authority citation for part 875 continues to read as follows: Authority: 5 U.S.C. 9008. 2. Amend § 875.101 by: a. Remove the words “Federal civilian or Postal employee” wherever they appear in the section and add, in their place, the words “active workforce member”. b. Revise the definition of *Actively at work* to read as follows; and c. Revise the definition of *Workforce member* to read as follows: § 875.101 Definition. *Actively at work* means:

(1)That as an active workforce member other than a member of the uniformed services you meet all of the following conditions:

(i)You are reporting for work at an approved work location and you work at least one-half of your regularly scheduled hours for that day; and

(ii)You are able to perform all the usual and customary duties of your employment on your regular work schedule.

(2)For a member of the uniformed services, that you are on active duty and are physically able to perform the duties of your position. *Workforce member* means a Federal civilian or Postal employee, member of the uniformed services, Federal annuitant, retired member of the uniformed services, or member of any other eligible group, as defined in section 9001 of title 5, United States Code. An active workforce member is one who is currently employed or is on active duty. 3. Amend § 875.104 by revising the first sentence of paragraph

(c)to read as follows: § 875.104 What are the steps required to resolve a dispute involving benefit eligibility or payment of a claim?

(c)If the Carrier upholds its denial (or does not respond within 60 days), you have the right to appeal its reconsideration decision directly to the Carrier.* * * 4. Amend § 875.201 by adding a new sentence at the end of paragraph (a)(1) and by adding a new paragraph (a)(3) to read as follows: § 875.201 Am I eligible as a Federal civilian or Postal Employee?

(a)* * *

(1)* * * There is a related exception, however: D.C. government employees and retirees who were first employed by the D.C. government before October 1, 1987 are eligible to apply for coverage.

(3)If you are a Non-Appropriated Fund

(NAF)employee or retiree you are eligible to apply when the Secretary of Defense determines such eligibility for the NAF instrumentality that employs you, and you will be treated the same as a Federal civilian employee or retiree (as applicable) under this Part. 5. Amend § 875.202 by revising the last sentence to read as follows: § 875.202 Am I eligible as a Federal annuitant? * * * Separated Federal employees with title to a deferred annuity may apply for coverage, even if they are not yet receiving that annuity. 6. Amend § 875.205 by adding a paragraph

(c)to read as follows: § 875.205 Am I eligible as a retired member of the uniformed services?

(c)You are eligible to apply for coverage as a retired (“grey”) reservist, even if not yet receiving retirement pay. 7. Amend § 875.206 by: a. Remove the words “Federal civilian or Postal employee or member of the uniformed service” wherever they appear in the section and add, in their place, “active workforce member”; and b. Revise the section title and paragraphs

(a)and

(c)to read as follows: § 875.206 As a new active workforce member when may I apply?

(a)As a new, newly eligible, or returning active workforce member, you may apply as follows:

(1)If you are a new active workforce member entering a position that conveys eligibility, you may apply for coverage within 60 days after becoming eligible.

(2)If you are entering a position that conveys eligibility as an active workforce member from a position that did not convey eligibility, you may apply for coverage within 60 days after becoming eligible.

(3)If you return to active service after a break in service of 180 days or more to a position that conveys eligibility, you may apply for coverage within 60 days after becoming eligible.

(c)The underwriting requirements that will be required will be those applicable to active workforce members and their spouses during the last open season for enrollment before the date of your application. 8. Amend § 875.208 by adding a new sentence at the end of the paragraph to read as follows: § 875.208 May I apply as a qualified relative if the person on whom I am basing my eligibility status has died? * * * In this case, your adult children and your current spouse are also considered to be qualified relatives. 9. Revise § 875.211 to read as follows: § 875.211 What happens if my eligibility status changes after I submit my application?

(a)If you applied as an active workforce member, and separate from service under the MRA+10 provisions of 5 U.S.C. 8412(g), or retire after you submit an application for coverage, but before your coverage becomes effective, you must reapply as an annuitant and submit to full underwriting requirements.

(b)If you applied as an active workforce member, and otherwise separate from service, but you are a qualified relative of another workforce member, you must reapply based on the additional underwriting requirements specified for that type of qualified relative. 10. Amend § 875.402 by adding a new paragraph

(c)to read as follows: § 875.402 When will open seasons be held?

(c)In situations where new eligibility groups are added to the Program, and OPM determines that it is appropriate to have an open season, OPM will provide notice and set the requirements for a special open season limited to those eligible individuals. 11. Amend § 875.403 by adding a new sentence at the end of the paragraph to read as follows: § 875.403 May I apply for coverage outside of an open season? * * * The only exceptions to the full underwriting requirements outside of an open season are described in § 875.206 and § 875.405. 12. Amend § 875.404 by revising paragraph

(2)to read as follows: § 875.404 What is the effective date of coverage?

(b)* * *

(2)If you are an active workforce member and you are applying for coverage under abbreviated underwriting, you also must be actively at work at least 1 day during the calendar week immediately before the week which contains your coverage effective date for your coverage to become effective. You must inform the Carrier if you do not meet this requirement. In the event you do not meet this requirement, the Carrier will issue you a revised effective date, which will be the 1st day of the next month. You also must meet the actively at work requirement for any revised effective date for coverage to become effective, or you will be issued another revised effective date in the same manner. [FR Doc. 05-10642 Filed 5-26-05; 8:45 am]

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