Unknown. Final rule

2,896 words·~13 min read·/register/2005/06/10/05-11578

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-06-10.xml --- 70 111 Friday, June 10, 2005 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-11506 33879-33880 05-11507 05-11508 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Highly pathogenic avian influenza; list of affected regions— Malaysia, 33803 05-11504 PROPOSED RULES Plant-related quarantine, domestic: Fruits and vegetables; irradiation treatment, 33857-33873 05-11460 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33880-33881 E5-3011 Army Army Department See Engineers Corps NOTICES Meetings: U.S. Military Academy, Board of Visitors, 33884 05-11500 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities 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 Agency information collection activities; proposals, submissions, and approvals, 33902-33903 05-11517 Grants and cooperative agreements; availability, etc.:

Hospital-based program for vaccination of birth mothers and household contacts with inactivated influenza vaccine, 33903 05-11513 Influenza vaccination of children and accompanying adults; mass vaccination vs vaccination in routine care, 33904 05-11525 Poliovirus antibody seroprevalence among inner city preschool children, post-OPV era, 33904 05-11526 Private providers; enhancing utilization of childhood immunization client recall practices, 33904 05-11522 Private providers; methods and strategies to increase use of immunization registries, 33904 05-11523 Vaccination coverage in the greater than 65 years of age population; improvement, 33904-33905 05-11524 Patent licenses; non-exclusive, exclusive, or partially exclusive:

AerovectRx, 33905 05-11512 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Assets for Independence Program, 33905-33906 05-11584 Community-Based Abstinence Education Program, 33906 05-11582 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 33832-33834 05-11487 Maine, 33834-33836 05-11486 Regattas and marine parades: Maryland Swim for Life, 33830-33832 05-11489 Sharptown Regatta, 33828-33830 05-11490 NOTICES Environmental statements; notice of intent:

Beacon Port natural gas deepwater port license application, TX; meetings, 33916-33918 05-11558 Organization, functions, and authority delegations: Delaware Bay Sector and Sector Atlantic City Field Office; stand-up command, 33918-33919 05-11488 Commerce Commerce Department See International Trade Administration NOTICES Meetings: Strengthening America's Communities Advisory Committee, 33883-33884 05-11583 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, E5-3009 33882-33883 E5-3010 Commodity Commodity Credit Corporation RULES Peanuts; designated marketing associations, 33798-33803 05-11505 Comptroller Comptroller of the Currency RULES Fair credit reporting medical information regulations, 33958-33996 05-11356 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 33884 05-11485 Defense Defense Department See Army Department See Engineers Corps Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Davis, Kenneth H.

Jr., 33923 05-11479 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 33886-33887 05-11484 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 33924-33926 05-11299 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Fusion Energy Sciences Advisory Committee, 33887 05-11519 Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Miami-Dade County, FL; Everglades National Park modified water deliveries, 33884-33885 05-11498 San Joaquin County, CA; River Islands project, 33885-33886 05-11499 EPA Environmental Protection Agency RULES Air pollution control: Prevention of significant deterioration; approval and promulgation of implementation plans, 33838-33850 05-11546 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Pennsylvania, 33850-33852 05-11548 Hazardous waste program authorizations Louisiana, 33852-33856 05-11469 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Ohio, 33877-33878 05-11539 Hazardous waste program authorizations Louisiana, 33878 05-11468 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33898-33899 05-11545 Committees; establishment, renewal, termination, etc.: Good Neighbor Environmental Board, 33900 05-11542 Environmental statements; availability, etc.: Agency statements— Comment availability, 33900-33901 05-11555 Weekly receipts, 33901-33902 05-11557 FAA Federal Aviation Administration RULES Airworthiness directives:

Revo, Inc., 33820-33825 05-11361 FDIC Federal Deposit Insurance Corporation RULES Fair credit reporting medical information regulations, 33958-33996 05-11356 Federal Energy Federal Energy Regulatory Commission RULES Practice and procedure: Hydropower procedural regulations modification, 33825-33828 05-11551 PROPOSED RULES Natural Gas Policy Act; natural gas companies (Natural Gas Act): Natural gas reporting regulations; modification, 33873-33877 05-11543 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33887-33888 E5-2994 Environmental statements; notice of intent:

Liberty Gas Storage, L.L.C., 33893-33894 E5-3008 Hydroelectric applications, 33894-33898 E5-2995 E5-2996 E5-2997 E5-2999 E5-3012 *Applications, hearings, determinations, etc.:* 3E Technologies, Inc., et al., 33888-33889 E5-2990 ANR Pipeline Co., 33889-33890 E5-2989 CenterPoint Energy Gas Transmission Co., 33890 E5-3007 CES Marketing VI, LLC, et al., 33890-33891 E5-2992 Deephaven RV Sub Fund Ltd., 33891 E5-2991 Dominion Transmission, Inc., 33891 E5-3006 El Paso Electric Co., 33891-33892 E5-2993 Eugene Water and Electric Board;

Eugene, OR, 33892 E5-2998 Gas Transmission Northwest Corp., 33892 E5-3002 North Baja Pipeline, LLC, 33892-33893 E5-3003 Northwest Natural Gas Co., 33893 E5-3001 Young Gas Storage Co., Ltd., 33893 E5-3004 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Barrett, Gary L., et al.; vision requirement exemption applications, 33937-33938 05-11491 Federal Reserve Federal Reserve System RULES Fair credit reporting medical information regulations, 33958-33996 05-11356 NOTICES Banks and bank holding companies:

Change in bank control, 33902 05-11527 Formations, acquisitions, and mergers, 33902 05-11528 Food Food and Drug Administration RULES Radiologic health: Diagnostic x-ray systems and their major components; performance standard, 33998-34042 05-11480 NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-11501 05-11502 33907-33908 05-11581 Food Food Safety and Inspection Service RULES Meat and poultry inspection: Substitute standardized meat and poultry products named by use of expressed nutrient content claim and standardized term; requirements, 33803-33819 05-11493 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Siskiyou County, 33881-33882 05-11518 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 33919 05-11309 Reports and guidance documents; availability, etc.:

Development of State and Local Performance Measurement Systems for Community Planning and Development Formula Grant Programs, 34044-34054 05-11619 Interior Interior Department See Land Management Bureau See National Park Service International International Trade Administration RULES Trade and Development Act of 2000: Tariff rate quota— Worsted wool fabric; withdrawn, 33825 05-11595 International International Trade Commission NOTICES Import investigations: Automated mechanical transmission systems for medium- and heavy-duty trucks, and components, 33922-33923 05-11482 Justice Justice Department See Drug Enforcement Administration See Parole Commission Labor Labor Department See Employment Standards Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33924 05-11510 Reports and guidance documents; availability, etc.:

Fleet alternative fuel vehicle acquisition report, 33924 05-11511 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: California Coastal National Monument, CA; resource management plan, 33919-33920 05-11494 Realty actions; sales, leases, etc.: Idaho, 33920-33921 05-11529 Survey plat filings: Wyoming, 33921 05-11521 Maritime Maritime Administration NOTICES Environmental statements; notice of intent: Beacon Port natural gas deepwater port license application, TX; meetings, 33916-33918 05-11558 National Credit National Credit Union Administration RULES Fair credit reporting medical information regulations, 33958-33996 05-11356 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Arts Advisory Panel, 33929 05-11481 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 33908-33911 05-11575 05-11576 05-11577 Meetings: National Cancer Institute, 05-11571 33911-33912 05-11572 National Institute of Allergy and Infectious Diseases, 33912, 33914 05-11559 05-11573 National Institute of Biomedical Imaging and Bioengineering, 33914 05-11569 National Institute of Child Health and Human Development, 33912-33914 05-11562 05-11563 05-11564 05-11565 National Institute of Diabetes and Digestive and Kidney Diseases, 33915 05-11580 National Institute of Environmental Health Sciences, 33914 05-11570 National Institute of General Medical Sciences, 05-11560 33912 05-11561 National Institute of Mental Health, 33914-33915 05-11574 Scientific Review Center, 33915-33916 05-11566 05-11567 05-11568 National Park National Park Service NOTICES National Register of Historic Places:

Pending nominations, 33921-33922 05-11483 Nuclear Nuclear Regulatory Commission RULES Fee schedules revision; 90% fee recovery (2005 FY); correction, 33819-33820 05-11495 NOTICES Environmental statements; availability, etc.: Central Virginia Laboratories and Consultants, Inc., 33929-33930 05-11496 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33926-33927 05-11579 Nationally recognized testing laboratories, etc.:

Communication Certification Laboratory, Inc., 33927-33929 05-11509 Parole Parole Commission NOTICES Meetings; Sunshine Act, 33923 05-11620 Personnel Personnel Management Office RULES Health benefits; Federal employees: New enrollments or enrollment changes, 33797-33798 05-11578 Postal Postal Service RULES Domestic Mail Manual: Premium Forwarding Service, 33836-33838 05-11472 Public Public Debt Bureau NOTICES Privacy Act: Systems of records, 33939-33955 05-11503 SBA Small Business Administration NOTICES Privacy Act:

Systems of records, 33930-33932 05-11458 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 33938-33939 05-11497 Thrift Thrift Supervision Office RULES Fair credit reporting medical information regulations, 33958-33996 05-11356 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Surface Transportation Board NOTICES Aviation proceedings:

Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 33937 05-11536 Reports and guidance documents; availability, etc.: Honoring tickets of airlines that have ceased operations due to insolvency or bankruptcy, 33932-33937 05-11537 Treasury Treasury Department See Comptroller of the Currency See Public Debt Bureau See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 33939 05-11520 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation;

Federal Reserve System; National Credit Union Administration; Treasury Department, Comptroller of the Currency; Treasury Department, Thrift Supervision Office, 33958-33996 05-11356 Part III Health and Human Services Department, Food and Drug Administration, 33998-34042 05-11480 Part IV Housing and Urban Development Department, 34044-34054 05-11619 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. 70 111 Friday, June 10, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN 3206-AK04 Changes in Health Benefits Enrollment AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations on changes in health benefits enrollment for annuitants or survivor annuitants when a carrier terminates participation in the Federal Employees Health Benefits

(FEHB)Program. We are amending the regulations to give OPM the authority to enroll annuitants in whichever option of the Blue Cross Blue Shield (BC/BS) Service Benefit Plan it determines will most closely approximate the terminated plan. EFFECTIVE DATE: July 11, 2005. FOR FURTHER INFORMATION CONTACT: Nataya Battle,

(202)606-1874, or e-mail to *nataya.battle@opm.gov.* SUPPLEMENTARY INFORMATION: Background On February 9, 2004, OPM published proposed regulations in the **Federal Register** (69 FR 5935-5936) on changes in health benefits enrollment for annuitants or survivor annuitants when a carrier terminates participation in the FEHB Program. Effective August 18, 1997, OPM amended 5 CFR 890.306(l)(4) to authorize OPM to enroll an annuitant in the standard option of the Service Benefit Plan when the annuitants' health plan terminates participation in whole or in part in the FEHB Program and the annuitant fails to elect to change to another participating health plan. At that time, the BC/BS Service Benefit Plan offered the high option and the standard option. The standard option was the lower level of benefits with a lower premium cost. Beginning with the January 1, 2002, contract year, the BC/BS Service Benefit Plan merged the high option coverage into the standard option coverage and added a basic option. The standard option is now the highest level of coverage offered with the more costly premium rate. In the existing regulation, an annuitant who does not elect to change health plans is deemed to have enrolled in the standard option, or if the plan he or she was enrolled in had two options, he or she is deemed to have enrolled in the same option previously enrolled in (either high or low), if the annuity is sufficient to pay the high option premium. The annuitant may not change to another health plan until the next open season. The more costly premium rate may not be affordable for many annuitants. Amending this regulation will allow OPM the flexibility to consider the premium rate and the benefits that the annuitant was receiving under his or her terminated health plan, and enroll the annuitant in the option of the BC/BS Service Benefit Plan that most closely approximates the terminated plan. In addition, this amendment will give the annuitant the opportunity to change the option or to change to another health plan of his or her choice retroactively within 90 days of the date OPM sent notification that he or she has been deemed enrolled in a particular option of the BC/BS Service Benefit Plan. On February 9, 2004, OPM issued proposed regulations at 69 FR 5935-5936 and requested comments by April 9, 2004. OPM received comments from NARFE. NARFE contends that the benefit structure of the BC/BS Service Benefit Plan basic option is not suitable for annuitants who have Medicare because the basic option does not have a mail service prescription drug benefit and co-payments are based on a supply of up to 34-days as opposed to a 90-day supply under the standard option. In addition, NARFE contends that the basic option does not have a skilled nursing facility benefit in conjunction with Medicare, as does the standard option. OPM's response to these contentions is that annuitants who are deemed enrolled in the BC/BS Service Benefit Plan basic option will have been previously enrolled in a health plan that is similar to the basic option. NARFE also requests that annuitants be allowed up to 90-days to elect to enroll in a new health plan. OPM has agreed to amend the regulation to allow all annuitants up to 90-days to elect to enroll in a new plan to accommodate the annuitants who do not realize that there has been a change in the amount of their health insurance premiums until they receive their February annuity check. Regulatory Flexibility Act OPM has determined 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 retirees. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles, and responsibilities of State, local, or tribal governments. List of Subjects in 5 CFR Part 890 Administrative practice and procedure, Government employees, Health Facilities, Health insurance, Health professions, Hostages, Iraq, Kuwait, Lebanon, Military personnel, Reporting and recordkeeping requirements, Retirement. U.S. Office of Personnel Management. Dan G. Blair, Acting 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 is revised to read as follows: Authority: 5 U.S.C. 8913; 890.303 also issued under 50 U.S.C. 403p, 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), 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 § 890.306 revise paragraphs (l)(4)(ii), (iii), and

(iv)and (q)(1)(ii) to read as follows: § 890.306 When can annuitants or survivor annuitants change enrollment or reenroll and what are the effective dates?

(l)* * *

(4)* * *

(ii)If a plan discontinues all of its existing options, an annuitant who does not change his or her enrollment is deemed to have enrolled in the option of the Blue Cross and Blue Shield Service Benefit Plan that OPM determines most closely approximates the terminated plan, except when the annuity is insufficient to pay the withholdings, then paragraph

(q)of this section applies.

(iii)If a plan has two options, and one option of the plan is discontinued, an annuitant who does not change the enrollment is considered to be enrolled in the remaining option of the plan, except when the annuity is insufficient to pay the withholdings, then paragraph

(q)of this section applies.

(iv)After an involuntary enrollment under paragraph (l)(4)(ii) or

(iii)of this section becomes effective, the annuitant may change the enrollment to the other option of the Blue Cross and Blue Shield Service Benefit Plan or to another health plan of his or her choice retroactively within 90-days after OPM advises the annuitant of the new enrollment;

(q)* * *

(1)* * *

(ii)Enroll in any plan in which the annuitant's share of the premium is less than the amount of annuity. If the annuitant elects to change to a lower cost enrollment, the change takes effect immediately upon loss of coverage under the prior enrollment. The exemptions from debt collection procedures that are provided under § 831.1305(d)(2) and § 845.205(d)(2) of this chapter apply to elections under this paragraph (q)(1)(ii). [FR Doc. 05-11578 Filed 6-9-05; 8:45 am]

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