Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-09.xml --- 75 236 Thursday, December 9, 2010 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76736-76739 2010-30902 Agriculture Agriculture Department See Forest Service Bureau of Ocean Energy Management, Regulation and Enforcement RULES Oil and Gas and Sulphur Operations in the Outer Continental Shelf:

Increased Safety Measures for Energy Development; Correction, 76632 2010-30990 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76750-76751 2010-30964 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 76698 2010-31093 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Upper Mississippi River, Hannibal, MO, 76632-76633 2010-30928 PROPOSED RULES Drawbridge Operation Regulations: Isle of Wight (Sinepuxent) Bay, Ocean City, MD, 76688-76691 2010-30918 NOTICES Detecting Oil Leaks from Vessels into Water, 76742-76744 2010-30929 Commerce Commerce Department See Economic Analysis Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Reporting, Recordkeeping, and Daily Trading Records Requirements for Swap Dealers and Major Swap Participants, 76666-76677 2010-30884 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 76705 2010-30887 Joint Public Roundtables: Issues Related to Capital and Margin Requirements for Swaps and Security-Based Swaps, 76705-76706 2010-31003 Public Submissions on a Study Mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act; etc., 76706-76708 2010-30905 Consumer Product Consumer Product Safety Commission RULES Publicly Available Consumer Product Safety Information Database, 76832-76872 2010-30491 NOTICES Extension of Date by Which Youth All-Terrain Vehicles Must Be Tested and Certified, 76708-76710 2010-30981 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Business Systems—Definition and Administration, 76692 2010-30953 Defense Department Defense Department See Defense Acquisition Regulations System Drug Drug Enforcement Administration NOTICES Importers of Controlled Substance; Applications: Mylan Pharmaceuticals, Inc., Morgantown, WV, 76755 2010-30901 Importers of Controlled Substances; Registrations: Alltech Associates, Inc., Deerfield, IL, 76755-76756 2010-30897 Manufacturers of Controlled Substances; Registrations: Johnson Matthey Pharmaceutical Materials, Inc., Devens, MA, 76756 2010-30904 Matthey Pharma Services, North Andover, MA, 76756-76757 2010-30899 Norac Inc., Azusa, CA, 76756 2010-30903 Economic Analysis Bureau Economic Analysis Bureau RULES Direct Investment Surveys:

BE-577, Quarterly Survey of U.S. Direct Investment Abroad—Direct Transactions of U.S. Reporter with Foreign Affiliate, 76630-76631 2010-30970 Election Election Assistance Commission NOTICES Publication of State Plan Pursuant to Help America Vote Act, 76894-76920 2010-31010 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Oregon; Correction of Federal Authorization of State's Hazardous Waste Management Program, 76633-76636 2010-31012 Regulation of Fuel and Fuel Additives: 2011 Renewable Fuel Standards, 76790-76830 2010-30296 PROPOSED RULES Oregon;

Correction of Federal Authorization of the State's Hazardous Waste Management Program, 76691 2010-31011 NOTICES Regional Project Waivers Buy American Section of American Recovery and Reinvestment Act: Central Iowa Water Association, 76728-76729 2010-30971 Executive Office of the President See Presidential Documents Farm Credit Farm Credit Administration NOTICES Market Access Agreement, 76729-76731 2010-30930 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Rolls-Royce Deutschland Ltd & Co KG Models BR700-710A1-10; BR700-710A2-20; and BR700-710C4-11 Turbofan Engines, 76624-76626 2010-30832 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 76626-76630 2010-30586 2010-30591 PROPOSED RULES Establishment of Area Navigation Routes: Western United States, 76648-76650, 76652-76653 2010-30999 2010-31002 Modification of Class E Airspace: Bryce Canyon, UT, 76650-76651 2010-30989 Special Conditions:

Boeing Model 747-8 Airplanes, Systems and Data Networks Security - Isolation or Protection, etc., 76647-76648 2010-30993 NOTICES Change in Use of Aeronautical Property: Houlton International Airport, Houlton, ME, 76777 2010-30619 Requests to Release Airport Property: Kearney Municipal Airport, Kearney, NE, 76778 2010-30976 Federal Communications Federal Communications Commission NOTICES Request for Comment for Report on In-State Broadcast Programming, 76731-76732 2010-30987 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 76732 2010-30736 Federal Emergency Federal Emergency Management Agency NOTICES Meetings: National Disaster Housing Task Force, 76744 2010-30973 National Disaster Housing Task Force Concept of Operations, 76744-76745 2010-30972 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 76710-76726 2010-30919 2010-30920 2010-30921 2010-30922 2010-30923 2010-30924 2010-30925 2010-30926 2010-30937 2010-30940 Complaints: Transmission Technology Solutions, LLC, et al. v.

California Independent System Operator, Inc., 76726 2010-30927 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Evergreen Wind Power III, LLC, 76727-76728 2010-30936 Red Mesa Wind, LLC, 76727 2010-30938 San Luis Solar, LLC, 76726-76727 2010-30939 Federal Housing Finance Agency Federal Housing Finance Agency RULES Use of Community Development Loans by Community Financial Institutions to Secure Advances: Secured Lending by Federal Home Loan Banks to Members and their Affiliates;

Transfer of Advances and New Business Activity Regulations, 76617-76624 2010-30519 Federal Housing Finance Board Federal Housing Finance Board RULES Use of Community Development Loans by Community Financial Institutions to Secure Advances: Secured Lending by Federal Home Loan Banks to Members and their Affiliates; Transfer of Advances and New Business Activity Regulations, 76617-76624 2010-30519 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact Statements;

Availability, etc.: Milwaukee, WI, to Minneapolis, MN, Rail Corridor, 76778-76780 2010-31013 Petitions for Waivers of Compliance: Madison Railroad, 76780 2010-30910 Roger W. Stabler and Gloria J. Stabler, 76780-76781 2010-30911 Federal Reserve Federal Reserve System NOTICES Federal Open Market Committee; Domestic Policy Directive, 76733 2010-30863 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 76733 2010-30957 Federal Trade Federal Trade Commission NOTICES Granting of Requests for Early Termination of the Waiting Period under the Premerger Notification Rules, 76733-76736 2010-30806 Food and Drug Food and Drug Administration NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension;

ILARIS, 76739-76740 2010-30992 Determinations of Regulatory Review Periods for Purposes of Patent Extension; BEPREVE, 76740-76741 2010-30991 Determinations of Regulatory Review Periods for Purposes of Patent Extension; SABRIL, 76741-76742 2010-30995 Forest Forest Service NOTICES Request for Proposals: 2011 Woody Biomass Utilization Grant Program, 76695-76698 2010-30974 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76752 2010-30952 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for HUD/FHA Insured Mortgage HOPE for Homeowners, 76749 2010-30982 Transformation Initiative; Homeless Families Grant Program, 76747-76749 2010-31007 Transformation Initiative; Natural Experiments Grant Program, 76749-76750 2010-30979 Transformation Initiative;

Sustainable Communities Research Grant Program, 76746-76747 2010-30977 Industry Industry and Security Bureau PROPOSED RULES Commerce Control List: Revising Descriptions of Items and Foreign Availability, 76664-76666 2010-30966 Export Control Modernization: Strategic Trade Authorization License Exception, 76653-76664 2010-30968 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Geological Survey See Land Management Bureau International Trade Adm International Trade Administration NOTICES Consolidated Decisions on Applications for Duty-Free Entry of Electron Microscopes:

University of Connecticut, et al., 76699 2010-30996 Correction to Final Results of Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People's Republic of China, 76699 2010-30985 Decisions on Applications for Duty-Free Entry of Scientific Instruments: University of Texas at Austin, et al., 76699 2010-30988 Final Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils from Taiwan, 76700-76703 2010-30986 International Trade Com International Trade Commission NOTICES Complaints:

Certain Handbags, Luggage, Accessories and Packaging Thereof, 76753-76754 2010-30951 Termination of Five-Year Review: Non-Frozen Apple Juice Concentrate from China, 76754 2010-30906 Justice Department Justice Department See Drug Enforcement Administration NOTICES Lodging of Consent Decrees Under the Residential Lead-Based Paint Hazard Reduction Act, 76754-76755 2010-30900 Land Land Management Bureau NOTICES Meetings: Front Range Resource Advisory Council, 76753 2010-30062 Southeast Oregon Resource Advisory Council, 76752-76753 2010-30959 Proposed Reinstatement of Terminated Oil and Gas Lease MTM 91627, 76753 2010-30978 National Highway National Highway Traffic Safety Administration RULES Anthropomorphic Test Devices:

Hybrid III 6-Year-Old Child Test Dummy, Hybrid III 6-Year-Old Weighted Child Test Dummy, 76636-76646 2010-30357 PROPOSED RULES Federal Motor Vehicle Safety Standards: Small Business Impacts of Motor Vehicle Safety, 76692-76694 2010-30698 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76781-76784 2010-30975 2010-31004 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 76742 2010-30961 National Institute of Mental Health, 76742 2010-30963 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Snapper-Grouper Fishery off the South Atlantic States; Emergency Rule to Delay Effectiveness of Closure, 76890-76892 2010-30682 Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 17A, 76874-76890 2010-30394 NOTICES Applications: Marine Mammals; File No. 15750, 76703 2010-30983 Meetings: New England Fishery Management Council, 76703-76704 2010-30950 Permits: Endangered Species; File Nos. 13307, 13544, and 14586, 76704-76705 2010-31005 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 76757 2010-31067 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications for Renewal: STP Nuclear Operating Co., South Texas Project, 76757 2010-30956 Charter Renewals: Licensing Support Network Advisory Review Panel, 76757-76758 2010-30955 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 76758 2010-31095 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program Miscellaneous Changes, 76615-76617 2010-30962 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Arctic National Wildlife Refuge; 50th Anniversary (Proc. 8613), 76611-76612 2010-31127 National Pearl Harbor Remembrance Day (Proc. 8614), 76613-76614 2010-31128 Securities Securities and Exchange Commission NOTICES Joint Public Roundtables: Issues Related to Capital and Margin Requirements for Swaps and Security-Based Swaps, 76705-76706 2010-31003 Program for Allocation of Regulatory Responsibilities: BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Inc., et al., 76758-76759 2010-30946 Public Submissions on a Study Mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act; etc., 76706-76708 2010-30905 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 76767-76768, 76770-76771 2010-30941 2010-30945 EDGA Exchange, Inc., 76768-76770 2010-30943 EDGX Exchange, Inc., 76763-76766 2010-30944 NASDAQ OMX BX, Inc., 76766-76767 2010-30965 NASDAQ Stock Market LLC, 76762-76763 2010-30942 NYSE Amex LLC, 76759-76762 2010-30883 State Department State Department NOTICES Designation of Fahd Mohammed Ahmed al-Quso et al., as a Specially Designated Global Terrorist, 76771-76772 2010-31001 Request for Grant Proposals:

Future Leaders Exchange Civic Education Workshop, 76772-76777 2010-30872 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department PROPOSED RULES Anti-Money Laundering Program and Suspicious Activity Report Filing Requirements: Residential Mortgage Lenders and Originators, 76677-76688 2010-30765 U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Grounds of Inadmissibility, 76745-76746 2010-30914 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration of Ultimate Consignee That Articles Were Exported for Temporary Scientific or Educational Purposes, 76746 2010-30958 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act;

Systems of Records, 76784-76787 2010-30907 Separate Parts In This Issue Part II Environmental Protection Agency, 76790-76830 2010-30296 Part III Consumer Product Safety Commission, 76832-76872 2010-30491 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 76874-76892 2010-30394 2010-30682 Part V Election Assistance Commission, 76894-76920 2010-31010 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 236 Thursday, December 9, 2010 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 890 and 892 RIN 3206-AL95 Federal Employees Health Benefits Program Miscellaneous Changes AGENCY: U.S. Office of Personnel Management.

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

(OPM)is issuing a final regulation to provide for continuation of Federal Employees Health Benefits

(FEHB)coverage for certain former Senate Restaurant employees who transferred to employment with a private contractor; to add a new opportunity for eligible employees to enroll in the FEHB, or to change FEHB enrollment status, under provisions of the Children's Health Insurance Program Reauthorization Act of 2009; and to allow eligible FEHB plans to offer three options, without the requirement that one of the options be a high deductible health plan. DATES: Effective December 9, 2010. FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, at

(202)606-0004 or *e-mail: ronald.brown@opm.gov.* SUPPLEMENTARY INFORMATION: On April 19, 2010, OPM published proposed regulations (75 FR 20314) with miscellaneous changes, clarifications, and corrections. We received several comments requesting that the proposed change to FEHB Open Season dates begin in 2011 rather than in 2010. We received several comments that changing the FEHB Open Season dates to November 1st through November 30th each year may result in employee confusion and additional administrative inconvenience because the Open Season will end immediately after the Thanksgiving holiday weekend, instead of ending the second full work week in December. Additionally, there was one comment that the Open Season could begin or end on a weekend, instead of a week day as is currently the case. We also received a comment that enrollees eligible for Medicare would have less flexibility to make health plan decisions if the FEHB Open Season dates ended in November. Currently, Medicare enrollees have from November 15 to December 31 to make changes in their Medicare coverage. Changing the FEHB Open Season dates would adversely affect this important segment of the FEHB population. Therefore, we have decided not to amend this provision of the FEHB regulations. One commenter asked that we continue the High Deductible Health Plans (HDHPs), including Health Savings Accounts, within the FEHB. We do not have any plans to discontinue offering HDHPs as a choice under the Program. We received one comment from an FEHB Plan requesting permission to offer two benefit levels or, alternatively, three options without offering an HDHP. However, the Plan is allowed by Federal law to only offer two levels of benefits. The authority to permit the Plan to offer more than two levels of benefits is a matter for Congress to consider and enact, if it chooses to do so. While we continue to look for ways to ensure that the FEHB offers choice and value, we are unable to permit a carrier any flexibility not allowed by law. We have no administrative authority to permit this change by revised ruling. Background Senate Restaurants Employees Public Law 110-279, enacted July 17, 2008, provides for certain Federal employee benefits to be continued for certain employees of the Senate Restaurants after the operations of the Senate Restaurants are contracted to be performed by a private business concern. The law provides that a Senate Restaurants employee, who was an employee of the Architect of the Capitol on the date of enactment and who accepted employment by the private business concern as part of the transition, may elect to continue certain Federal benefits during continuous employment with the business concern. We are revising the FEHB regulations to address coverage for these individuals pursuant to relevant of Public Law 110-279. We are adding § 890.112 to subpart A. New Enrollment Opportunities Public Law 111-3, the Children's Health Insurance Program

(CHIP)Reauthorization Act of 2009 (the Act), enacted on February 4, 2009, allows States to subsidize health insurance premium payments for certain low-income children who have access to qualified employer-sponsored health insurance coverage. FEHB-eligible enrollees who meet the criteria for child health assistance are eligible to receive State premium subsidy assistance payments to help them pay for their FEHB plan premiums. Current FEHB Program regulations already allow an eligible enrollee who loses coverage under the FEHB Program or another group health plan, including loss of eligibility or assistance under Medicaid or CHIP, to enroll or change enrollment from self only to self and family within the period beginning 31 days before and ending 60 days after the date of loss of coverage. The Act provides new opportunities for eligible employees to enroll in the FEHB Program or to change enrollment from self only to self and family when the employee or an eligible family member becomes eligible for premium assistance under CHIP. Employees must request the change in enrollment within 60 days after the date the employee or eligible family member is determined to be eligible for assistance. Employees may make these enrollment changes regardless of whether they are covered under premium conversion (pay premiums with pre-tax dollars). We are amending the regulations to reflect this enrollment opportunity. We are adding § 890.301(m). Change in Options Offered The current regulations state that an FEHB plan shall not have more than two options and a high deductible health plan. We are revising the regulations to allow employee organization plans and health maintenance organizations to both offer two options and a high deductible health plan or to offer three options, without the requirement that one of the options be a high deductible health plan. These plans are eligible by statute to offer more than two options. This change will provide for more flexibility in contracting with health plans for modern types of benefits. These changes can be found in 890.201(b)(3)(i) and 890.201(b)(3)(ii). Paperwork Reduction Act The Paperwork Reduction Act of 1995

(PRA)imposes certain requirements on Federal agencies in connection with their conducting or sponsoring any collection of information as defined by the PRA. Certain provisions of this final rulemaking would result in new collection of information requirements within the meaning of the PRA. The Office of Personnel Management

(OPM)therefore is revising a health benefits election form, Standard Form 2809. In the future, the OPM intends to publish a 60-day **Federal Register** Notice including the revised form that ties to this final rulemaking. The information collected in the notice will be submitted to the Office of Management and Budget

(OMB)for review. The OMB assigned collection control number for this form is: 3206-0160. 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 insurance benefits of Federal employees and annuitants. 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 Parts 890 and 892 Administrative practice and procedure, Employee benefit plans, Government employees, Reporting and recordkeeping requirements, Retirement. U.S. Office of Personnel Management. John Berry, Director. Accordingly, OPM is amending 5 CFR part 890 and part 892 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; Sec. 890.301 also issued under sec. 311 of Pub. L. 111-03, 123 Stat. 64; Sec. 890.111 also issued under section 1622(b) of Pub. L. 104-106, 110 Stat. 521; Sec. 890.112 also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604; 5 U.S.C. 8913; Sec. 890.803 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; Sec. 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. Subpart A—Administration and General Provisions 2. Add § 890.112 to subpart A to read as follows: § 890.112 Continuation of coverage for certain Senate Restaurants employees.

(a)A Senate Restaurants employee who was an employee of the Architect of the Capitol on July 17, 2008, who accepted employment with the private business concern to which the Senate Restaurants' food service operations were transferred as described in section 1 of Public Law 110-279, and who elected to continue his or her Federal employee retirement benefits is deemed to be an employee for purposes of this part during continuous employment with the private business concern or its successor. The individual shall be entitled to the benefits of, and be subject to all conditions under, the FEHB Program on the same basis as if the individual were an employee of the Federal Government.

(b)Cessation of employment with the private business concern or its successor for any period terminates eligibility for coverage under the FEHB Program as an employee during any subsequent employment by the private business concern.

(c)The private business concern or its successor must make arrangements for the withholding from pay of an individual described by paragraph

(a)of this section of an amount equal to the premiums withheld from Federal employees' pay for FEHB coverage and, in accordance with procedures established by OPM, pay into the Employees Health Benefits Fund the amounts deducted from the individual's pay.

(d)The private business concern or its successor shall, in accordance with procedures established by OPM, pay into the Employees Health Benefits Fund amounts equal to any agency contributions required under the FEHB Program. Subpart B—Health Benefits Plans 3. Revise § 890.201(b)(3) to read as follows: § 890.201 Minimum standards for health benefits plans.

(b)* * * (3)(i) Have more than two options and a high deductible health plan (26 U.S.C. 223(c)(2)(A)) if the plan is described under 5 U.S.C. 8903(1) or (2); or

(ii)Have either more than three options, or more than two options and a high deductible health plan (26 U.S.C. 223(c)(2)(A)) if the plan is described under 5 U.S.C. 8903(3) or (4). Subpart C—Enrollment 4. Add a new paragraph

(m)to § 890.301 to read as follows: § 890.301 Opportunities for employees who are not participants in premium conversion to enroll or change enrollment; effective dates.

(m)An employee or eligible family member becomes eligible for premium assistance under Medicaid or a State Children's Health Insurance Program (CHIP). An eligible employee may enroll and an enrolled employee may change his or her enrollment from self only to self and family, from one plan or option to another, or make any combination of these changes when the employee or an eligible family member of the employee becomes eligible for premium assistance under a Medicaid plan or CHIP. An employee must enroll or change his or her enrollment within 60 days after the date the employee or family member is determined to be eligible for assistance. PART 892—FEDERAL FLEXIBLE BENEFITS PLAN: PRE-TAX PAYMENT OF HEALTH BENEFITS PREMIUMS 5. The authority citation for part 892 is revised to read as follows: Authority: 5 U.S.C 8913; 5 U.S.C. 1103(a)(7); 26 U.S.C. 125; Sec. 892.101 also issued under sec. 311 of Pub. L. 111-3, 123 Stat. 64. Subpart A—Administration and General Provisions 6. In § 892.101, amend the definition of *qualifying life event* by adding a new paragraph

(13)to read as follows: § 892.101 Definitions. *Qualifying life event * * **

(13)An employee or eligible family member becomes eligible for premium assistance under Medicaid or a State Children's Health Insurance Program (CHIP). An eligible employee may enroll and an enrolled employee may change his or her enrollment from self only to self and family, from one plan or option to another, or make any combination of these changes when the employee or an eligible family member of the employee becomes eligible for premium assistance under a Medicaid plan or a State Children's Health Insurance Program. An employee must enroll or change his or her enrollment within 60 days after the date the employee or family member is determined to be eligible for assistance. [FR Doc. 2010-30962 Filed 12-8-10; 8:45 am]

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