Unknown. Proposed rule with request for comments

2,614 words·~12 min read·/register/2006/03/07/06-2081

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-2006-03-07.xml --- 71 44 Tuesday, March 7, 2006 Contents Agricultural Agricultural Marketing Service RULES Avocados grown in— Florida Correction, 11294 06-2118 Potato research and promotion plan, 11294-11296 06-2117 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Rural Business-Cooperative Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Karnal bunt, 11288 06-2073 Plant-related quarantine, foreign: Peppers from Central American countries, 11288-11293 06-2127 NOTICES Environmental statements; availability, etc.: Argentine bahiagrass plants; genetically engineered for resistance to herbicide glufosinate and antibiotic kanamycin, 11372-11373 E6-3166 Meetings: Horse Protection Program, 11373 E6-3169 Antitrust Antitrust Division NOTICES National cooperative research notifications: ControlNet International, Ltd., 11453 06-2133 Open DeviceNet Vendor Association, Inc., 11453 06-2132 Census Census Bureau NOTICES Committees; establishment, renewal, termination, etc.:

Professional Associations Census Advisory Committee, 11379 E6-3158 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 11417-11420 E6-3188 E6-3189 E6-3190 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; systems of records, 11420-11427 06-2156 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Child abuse and neglect; research priorities (2006-2008 FY); correction, 11427-11428 06-2154 Family Violence Prevention and Services Program, 11428-11434 E6-3088 Coast Guard Coast Guard NOTICES Agency information collection activities; proposals, submissions, and approvals, 11437-11438 06-2114 Committees; establishment, renewal, termination, etc.:

Commercial Fishing Industry Vessel Safety Advisory Committee, 11438-11439 E6-3148 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau RULES Dominican Republic-Central America Free Trade Agreement: Preferential tariff treatment; retroactive application, 11304-11306 06-2070 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Recreational programs, 11406-11407 E6-3175 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Toxic substances: Polymer premanufacture notification exemption rule— Perfluorinated polymers; exclusion, 11484-11504 06-2152 NOTICES Agency information collection activities; proposals, submissions, and approvals, 11407-11411 E6-3153 Air pollution control: New and in-use highway vehicles and engines— Diesel particulate filters; new scheduled maintenance approval, 11411-11413 E6-3146 Meetings:

Good Neighbor Environmental Board, 11413 E6-3152 Equal Equal Employment Opportunity Commission RULES Freedom of Information Act; implementation Privacy Act fee schedule; revision, 11309-11310 06-2113 Executive Executive Office for Immigration Review NOTICES Agency information collection activities; proposals, submissions, and approvals, 11453-11454 E6-3144 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus; correction, 11462 C6-989 Class E airspace, 11297-11298 06-2111 Offshore airspace areas, 11298-11300 06-2112 Standard instrument approach procedures, 11300-11304 06-2002 06-2005 PROPOSED RULES Airworthiness directives:

Boeing, 11345-11349 E6-3221 Bombardier, 11335-11341 06-2159 Empresa Brasileira de Aeronautica S.A. (EMBRAER), E6-3216 11333-11335, 11341-11343 06-2158 McDonnell Douglas, 11328-11333 06-2157 Raytheon, 11343-11345 E6-3219 Saab, 11349-11351 E6-3227 FCC Federal Communications Commission NOTICES Meetings: North American Numbering Council, 11413-11414 06-2193 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: California, 11439 E6-3177 Louisiana, 11439-11440 E6-3178 E6-3180 Maine, 11440 E6-3183 Massachusetts, 11440 E6-3182 Mississippi, 11441 E6-3179 Texas, 11441 E6-3181 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act):

Public utility market-based rate authorizations; conditions Correction, 11304 06-2153 Federal Reserve Federal Reserve System RULES Equal credit opportunity (Regulation B): Agency addresses update, 11296-11297 06-2123 Unfair or deceptive acts or practices (Regulation AA): Bank addresses update, 11297 06-2124 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 11414 E6-3165 Meetings; Sunshine Act, 11414 06-2196 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 11414-11417 06-2116 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Findings on petitions, etc.— Agave eggersiana and marron bacora, 11367-11371 E6-3095 NOTICES Endangered and threatened species: Recovery plans— California and Southern Oregon vernal pool ecosystems, 11441-11442 06-1984 Food Food and Drug Administration NOTICES Meetings: Clinical trial requirements; industry exchange workshop, 11434-11435 E6-3229 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 11373-11374 E6-3159 Food Food Safety and Inspection Service PROPOSED RULES Freedom of information and public information:

Meat or poultry product recalls; retail consignees; lists availability, 11326-11328 06-2125 GAO Government Accountability Office NOTICES Meetings: Government Auditing Standards Advisory Council, 11417 06-2126 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 Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-3167 11435-11436 E6-3168 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES Public and Indian housing:

Indian housing block grant program; self-insurance plans, 11464-11468 E6-3186 NOTICES Grants and cooperative agreements; availability, etc.: Community planning and development formula grant programs; outcome performance measurement system, 11470-11481 06-2174 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Delaware and Lehigh National Heritage Corridor Commission, 11441 06-2146 IRS Internal Revenue Service RULES Income taxes:

Contribution in aid of construction; definition; CFR correction, 11306-11308 06-55510 PROPOSED RULES Income taxes: Escrow accounts, trusts, and other funds used during deferred exchanges of like-kind property; public hearing Correction, 11462 C6-1038 International International Trade Administration NOTICES Antidumping: Forged stainless steel flanges from— India, 11379-11386 E6-3173 Individually quick frozen red raspberries from— Chile, 11386 06-2140 Low enriched uranium from— France, 11386-11389 E6-3176 Stainless steel bar from— India, 11390-11394 E6-3171 Wooden bedroom furniture from— China, 11394-11397, 11404-11405 E6-3172 06-2138 Countervailing duties:

Cut-to-length carbon-quality steel plate from— Korea, 11397-11402 E6-3174 Lined paper products from— India and Indonesia, 11379 06-2139 Export trade certificates of review, 11402-11404 E6-3147 Justice Justice Department See Antitrust Division See Executive Office for Immigration Review RULES Privacy Act; implementation, 11308-11309 06-2115 NOTICES Privacy Act; system of records, 11446-11452 E6-3149 Land Land Management Bureau NOTICES Oil and gas leases: Wyoming, 11442-11444 E6-3138 E6-3139 E6-3140 E6-3142 Realty actions; sales, leases, etc.:

California, 11444 E6-3141 Maritime Maritime Administration NOTICES Meetings: Marine Transportation System National Advisory Council, 11459-11460 E6-3151 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Minimum blowout prevention system requirements for well-workover operations using coiled tubing with production tree in place, 11310-11314 06-2101 NOTICES Environmental statements; notice of intent: Gulf of Mexico OCS— Oil and gas lease sales, 11444-11445 E6-3145 Mississippi Mississippi River Commission NOTICES Meetings;

Sunshine Act; correction, 11462 C6-1990 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 11324-11325 06-2135 Marine mammals: Incidental taking; authorization letters, etc.— BP Exploration (Alaska); Beaufort Sea, AK; offshore oil and gas facilities construction and operation; whales and seals, 11314-11324 06-2136 NOTICES Meetings: New England Fishery Management Council, E6-3154 11405-11406 E6-3155 E6-3156 Nuclear Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 11454 06-2190 Personnel Personnel Management Office RULES Health benefits, Federal employees: Emergency health plan discontinuance, 11287-11288 06-2081 Postal Postal Rate Commission NOTICES Practice and procedure: Postal Service mail processing and transportation network; realignment, 11455 E6-3184 Visits to facilities; correction, 11454 06-2137 Postal Postal Service PROPOSED RULES Domestic Mail Manual: Periodicals flats in mixed area distribution center bundles and sacks; new preparation, 11366-11367 E6-3143 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.:

Rural Economic Development Loan and Grant Program; maximum dollar amount on awards, 11374-11376 E6-3157 RUS Rural Utilities Service NOTICES Grants and cooperative agreements; availability, etc.: Technical Assistance and Training Program, 11376-11379 E6-3170 SEC Securities and Exchange Commission PROPOSED RULES Investment companies: Redeemable securities; mutual fund redemption fees, 11351-11366 E6-3164 NOTICES Agency information collection activities; proposals, submissions, and approvals, 11455-11457 E6-3160 E6-3161 Self-regulatory organizations; proposed rule changes:

International Securities Exchange, Inc., 11457 E6-3162 Philadelphia Stock Exchange, Inc., 11458-11459 E6-3163 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 11436-11437 06-2175 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 11446 06-2120 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration Treasury Treasury Department See Internal Revenue Service RULES Dominican Republic-Central America Free Trade Agreement:

Preferential tariff treatment; retroactive application, 11304-11306 06-2070 NOTICES Terrorism risk insurance: Financial Markets, President's Working Group; long-term availability and affordability, 11460-11461 E6-3150 Veterans Veterans Affairs Department NOTICES Meetings: Veterans’ Disability Benefits Commission, 11461 06-2109 Separate Parts In This Issue Part II Housing and Urban Development Department, 11464-11468 E6-3186 Part III Housing and Urban Development Department, 11470-11481 06-2174 Part IV Environmental Protection Agency, 11484-11504 06-2152 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. 71 44 Tuesday, March 7, 2006 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN: 3206-AK95 Federal Employees Health Benefits Program: Discontinuance of Health Plan in an Emergency AGENCY: Office of Personnel Management.

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

(OPM)is issuing a proposed rule to amend the Federal Employees Health Benefits

(FEHB)regulations regarding discontinuance of a health plan to include situations in which a health plan becomes incapacitated, either temporarily or permanently, as the result of a disaster. DATES: OPM must receive comments on or before May 8, 2006. ADDRESSES: Send written comments to Anne Easton, Manager Insurance Group, Center 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; first dial (1-888) 801-7210; at the prompt, enter

(202)606-1461. SUPPLEMENTARY INFORMATION: OPM currently has regulations dealing with the discontinuance of a health plan in whole or part. The regulations apply when a plan goes out of business or withdraws from the FEHB Program. Enrollees in such plans are notified that they need to change plans. The regulations also allow the automatic transfer of the enrollment of annuitants who do not change plans. In light of the devastation wrought by Hurricane Katrina, OPM is expanding the definition of a health plan to include situations in which a plan becomes incapable of providing services, either on a permanent or temporary basis, because of a disaster. In such a situation enrollees will be allowed to change health plans. However, depending on the nature of the disaster, it may not be possible to locate enrollees to notify them of the need to change health plans. To ensure there is no loss of coverage, any enrollee who is not able to make a change in these circumstances will be transferred automatically to the standard option of the nationwide Blue Cross and Blue Shield Service Benefit Plan. Invoking the provisions of these regulations will be at OPM's discretion. OPM will provide whatever notification is feasible, if a disaster necessitates enrollment changes under these provisions. It should be noted that, although one of the regulatory sections being amended, § 890.301, refers to employees who do not participate in premium conversion, under the premium conversion regulations at § 892.207 these provisions would also apply to employees who do participate in premium conversion. 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 of 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. Lists 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. Linda M. Springer, Director. Accordingly, OPM is amending title 5, Code of Federal Regulations 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; § 890.303 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; subpart L also issued under sec. 599 C 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 add new paragraph (i)(4)(iv) to read as follows: § 890.301 Opportunities for employees who are not participants in premium conversion to enroll or change enrollment; effective dates.

(i)* * *

(4)* * *

(iv)If the discontinuance of the plan, whether permanent or temporary, is due to a disaster, an employee must change the enrollment within 60 days of the disaster, as announced by OPM. If an employee does not change the enrollment within the time frame announced by OPM, the employee will be considered to be enrolled in the standard option of the Blue Cross and Blue Shield Service Benefit Plan. The effective date of enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes. 3. In § 890.306 add new paragraph (1)(4)(v) to read as follows: § 890.306 When can annuitants or survivor annuitants change enrollment or reenroll and what are the effective dates?

(1)* * *

(4)* * *

(v)If the discontinuance of the plan, whether permanent or temporary, is due to a disaster, an annuitant must change the enrollment within 60 days of the disaster, as announced by OPM. If an annuitant does not change the enrollment within the time frame announced by OPM, the annuitant will be considered to be enrolled in the standard option of the Blue Cross and Blue Shield Service Benefit Plan. The effective date of enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes. 4. In § 890.806 add new paragraph (j)(4)(iv) to read as follows: § 890.806 When can former spouses change enrollment or reenroll and what are the effective dates?

(j)* * *

(4)* * *

(iv)If the discontinuance of the plan, whether permanent or temporary, is due to a disaster, the former spouse must change the enrollment within 60 days of the disaster, as announced by OPM. If the former spouse does not change the enrollment within the time frame announced by OPM, the former spouse will be considered to be enrolled in the standard option of the Blue Cross and Blue Shield Service Benefit Plan. The effective date of enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes. 5. In § 890.1108 add new paragraph (h)(4)(iv) to read as follows: § 890.1108 Opportunities to change enrollment; effective dates.

(h)* * *

(4)* * *

(iv)If the discontinuance of the plan, whether permanent or temporary, is due to a disaster, the enrollee must change the enrollment within 60 days of the disaster, as announced by OPM. If the enrollee does not change the enrollment within the time frame announced by OPM, the enrollee will be considered to be enrolled in the standard option of the Blue Cross and Blue Shield Service Benefit Plan. The effective date enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes. [FR Doc. 06-2081 Filed 3-6-06; 8:45 am]

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