Unknown. Final rule

5,812 words·~26 min read·/register/2013/10/02/2013-23565·

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-2013-10-02.xml --- 78 191 Wednesday, October 2, 2013 Contents Agency Agency for International Development NOTICES Senior Executive Services Performance Review Board; Update, 60816 2013-24075 Agriculture Agriculture Department See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Viticultural Areas:

Ballard Canyon; Establishment, 60693-60695 2013-23944 Big Valley District-Lake County and Kelsey Bench-Lake County, Establishment; Red Hills Lake County, Modification, 60686-60690 2013-23939 Moon Mountain District Sonoma County; Establishment, 60690-60693 2013-23942 Army Army Department NOTICES Meetings: Army Science Board, 60864 2013-23956 Fiscal Bureau of the Fiscal Service RULES Regulatory Reorganization: Administrative Changes to Regulations Due to the Consolidation of the Financial Management Service and the Bureau of the Public Debt into the Bureau of the Fiscal Service, 60695-60697 2013-24133 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Committee on Immunization Practices, 60877-60878 2013-24061 2013-24068 Advisory Committee to the Director, 60876 2013-24069 2013-24060 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 2013-24062 60875-60879 2013-24063 2013-24064 2013-24065 2013-24066 2013-24067 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ACF Program Instruction: Children's Justice Act, 60879-60880 2013-24076 Statements of Organization, Functions, and Delegations of Authority, 60880-60883 2013-24107 Coast Guard Coast Guard RULES Safety Zones:

Lucas Oil Drag Boat Racing Series, Thompson Bay, Lake Havasu City, AZ, 60698-60700 2013-23995 NOTICES Requests for Applications: Towing Safety Advisory Committee; Vacancies, 60890-60891 2013-23996 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60824-60826 2013-24022 2013-24023 2013-24028 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60863 2013-24044 Meetings: Native American Tribal Insignia Database, 60863-60864 2013-24055 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Integrated Postsecondary Education Data System 2013-2016, 60864-60865 2013-24041 Title V Developing Hispanic-Serving Institutions Application, 60865 2013-24036 Energy Department Energy Department NOTICES Meetings: Hydrogen and Fuel Cell Technical Advisory Committee, 60866 2013-24089 National Coal Council, 60866 2013-24091 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Illinois; Redesignation of the Chicago Area to Attainment of the 1997 Annual Fine Particulate Matter Standard, 60704-60707 2013-23952 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Deletion of the Ludlow Sand and Gravel Superfund Site, 60721-60726 2013-24116 Pesticide Tolerances: Glyphosate, 60707-60709 2013-24128 Methoxyfenozide, 60709-60715 2013-24127 Sedaxane, 60715-60720 2013-23941 Removal of Expired Tolerances: Methyl Parathion, 60720-60721 2013-23801 Source Specific Federal Implementation Plans:

Implementing Best Available Retrofit Technology for Four Corners Power Plant; Navajo Nation, 60700-60704 2013-24112 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Deletion of the Ludlow Sand & Gravel Superfund Site, 60809-60810 2013-24115 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60867-60868 2013-23938 Amendment of the Federal Docket Management System, 60868-60870 2013-24120 Meetings:

Exposure Modeling, 60870-60871 2013-24123 Pesticide Experimental Use Permits; Applications, 60871-60872 2013-23947 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 60667-60670 2013-23079 Eurocopter France (Eurocopter) Helicopters, 60681-60683 2013-23092 Rolls-Royce plc Turbofan Engines, 60658-60660 2013-23432 Sikorsky Aircraft Corporation Helicopters, 60656-60658 2013-23439 The Boeing Company Airplanes, 60660-60667, 60670-60681 2013-23084 2013-23321 2013-24029 2013-24031 2013-24034 Amendment of Class E Airspace:

Mandan, ND, 60683-60684 2013-23950 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 60798-60800 2013-24058 Bombardier Inc., Airplanes, 60800-60804 2013-24077 The Boeing Company Airplanes, 60804-60809 2013-24040 2013-24121 NOTICES Meetings: Aviation Rulemaking Advisory Committee on Transport Airplane and Engine Issues; Rescheduled, 60995 2013-23940 Petitions for Exemptions; Summaries, 60995-60996 2013-23975 2013-23994 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings:

Appraisal Subcommittee, 60872-60873 2013-23985 2013-23986 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60996-60997 2013-24108 Federal Register Office Federal Register Office PROPOSED RULES Incorporation By Reference, 60784-60798 2013-24217 Federal Register Administrative Federal Register, Administrative Committee See Federal Register Office Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 60873 2013-23936 Fiscal Fiscal Service RULES Regulatory Reorganization: Administrative Changes to Regulations Due to the Consolidation of the Financial Management Service and the Bureau of the Public Debt into the Bureau of the Fiscal Service, 60695-60697 2013-24133 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Endangered Species Status for the Florida Bonneted Bat, 61004-61043 2013-23401 Threatened Species Status for Spring Pygmy Sunfish, 60766-60783 2013-23726 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List the Eastern Small-Footed Bat and the Northern Long-Eared Bat as Endangered or Threatened Species;

Listing the Northern Long-Eared Bat as an Endangered Species, 61046-61080 2013-23753 Listing of Coral Pink Sand Dunes Tiger Beetle and Designatation Critical Habitat; Withdrawal, 61082-61112 2013-23165 Removing the Gray Wolf (Canis lupus) from the List of Endangered and Threatened Wildlife and Maintaining Protections for the Mexican Wolf (Canis lupus baileyi) by Listing It as Endangered, 60813-60815 2013-24104 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Infant Formula Requirements, 60883-60884 2013-24046 Meetings: Vaccines and Related Biological Products Advisory Committee, 60884-60885 2013-24025 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Property, 61000-61001 2013-24132 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Caterpillar, Inc., Foreign-Trade Zone 155, Calhoun/Victoria Counties, TX, 60826-60827 2013-24114 Forest Forest Service NOTICES Proposed Directive for Additional Seasonal or Year-Round Recreation Activities at Ski Areas, 60816-60820 2013-23998 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60820-60821 2013-23976 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Clear Title Program, 60821-60822 2013-23973 Health and Human 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 PROPOSED RULES Change to the Definition of Human Organ under the National Organ Transplant Act, 60810-60813 2013-24094 NOTICES Findings of Research Misconduct, 60873-60874 2013-23971 National Institute for Occupational Safety and Health Personal Protective Technology Program and National Personal Protective Technology Laboratory Conformity Assessment, 60874-60875 2013-23982 Sole Source Cooperative Agreement Awards, 60875 2013-24096 Homeland Homeland Security Department See Coast Guard NOTICES Expressions of Interest for Chemical Defense Demonstration Projects, 60887-60888 2013-23984 Privacy Act;

Systems of Records, 60888-60890 2013-23991 Interior Interior Department See Fish and Wildlife Service See Ocean Energy Management Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: Steel Concrete Reinforcing Bar from Mexico and Turkey, 60827-60831 2013-23983 Steel Concrete Reinforcing Bar from Turkey, 60831-60834 2013-23987 Antidumping and Countervailing Duty Orders;

Results, Extensions, Amendments, etc.: Administrative Reviews and Requests for Revocations, 60834-60844 2013-23782 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Wooden Bedroom Furniture from the People's Republic of China, 60844-60846 2013-24113 Antidumping Duty Orders; Results, Extensions, Amendments, etc.: Silicomanganese from India, Kazakhstan, and Venezuela, 60846-60847 2013-23979 Antidumping or Countervailing Duty Orders, Findings, or Suspended Investigations;

Results, Extensions, Amendments, etc.: Opportunity to Request Administrative Review, 60847-60849 2013-23955 Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Carbon and Certain Alloy Steel Wire Rod from Brazil, 60850 2013-24126 Circular Welded Carbon Quality Steel Pipe from the People's Republic of China, 60849-60850 2013-24129 International Trade Com International Trade Commission NOTICES Complaints: Certain Handheld Magnifiers and Products Containing Same, 60896-60897 2013-23967 Determinations:

Certain Welded Large Diameter Line Pipe from Japan, 60897 2013-23989 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Employer Children's Health Insurance Program Notice, 60897-60898 2013-23945 National Archives National Archives and Records Administration See Federal Register Office National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Process for Clinical Research Training and Medical Education at the Clinical Center and its Impact on Course and Training Program Enrollment and Effectiveness, 60885-60886 2013-24074 Quantification of Behavioral and Physiological Effects of Drugs Using a Mobile Scalable Device, 60886-60887 2013-23972 Meetings: National Cancer Institute, 60887 2013-23961 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species:

Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment; Recovery Plan, 60850-60851 2013-24049 Meetings: Science Advisory Board, 60851-60852 2013-24085 Permits: Marine Mammals; File Nos. 16239 and 17312, 60852 2013-24072 Taking of Marine Mammals Incidental to Specified Activities: Construction of the East Span of the San Francisco-Oakland Bay Bridge; Incidental Harassment Authorization, 60852-60860 2013-24079 National Science National Science Foundation NOTICES Meetings:

Committee on Equal Opportunities in Science and Engineering, 60918 2013-23981 Innovation Corps Advisory Committee, 60918 2013-24026 Permit Applications under the Antarctic Conservation Act, 60918-60919 2013-23962 National Telecommunications National Telecommunications and Information Administration NOTICES Requests for Applications: Commerce Spectrum Management Advisory Committee, 60860-60861 2013-24087 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Orders Imposing Additional Security Measures:

Licensees Authorized to Possess and Transfer Items Containing Radioactive Material Quantities of Concern, 60919-60928 2013-24093 Requests to Amend Licenses to Export High-Enriched Uranium, 60928 2013-24070 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Definition and Requirements of a Nationally Recognized Testing Laboratory, 60898-60900 2013-23946 Applications:

Kiewit Power Constructors Co., et al.; Permanent Variance, 60900-60918 2013-23625 Ocean Energy Management Ocean Energy Management Bureau NOTICES Proposed Oil and Gas Lease Sales: Outer Continental Shelf, Alaska Region, Chukchi Sea Planning Area; Call for Information and Nominations; Correction, 60892-60895 2013-24053 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Native American Tribal Insignia Database, 60861-60862 2013-24054 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program:

Members of Congress and Congressional Staff, 60653-60656 2013-23565 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Fireworks Policy Regarding Approvals or Certifications for Firework Series, 60763-60766 2013-24082 Fireworks Policy Regarding Approvals or Certifications for Specialty Fireworks Devices, 60766 2013-24092 Hazardous Materials: Enhanced Enforcement Procedures; Resumption of Transportation, 60755-60763 2013-23894 Minor Editorial Corrections and Clarifications, 60745-60755 2013-23873 Penalty Guidelines, 60726-60745 2013-23887 Postal Service Postal Service NOTICES Transfer of Post Office Box Section 21412 to Competitive Fee Group, 60928-60929 2013-23978 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Hunting and Fishing Day, 2013, 61149-61152 2013-24355 Presidio Presidio Trust NOTICES Meetings: Fort Scott Council, 60929 2013-24086 Public Debt Public Debt Bureau See Fiscal Service Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Passengers Denied Confirmed Space, 60997-60998 2013-24122 Rural Business Rural Business-Cooperative Service NOTICES Funding Availability for the Biorefinery Assistance Program, 60822-60824 2013-24081 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 60684-60686 2013-23914 NOTICES Applications:

Guinness Atkinson Asset Management, Inc., et al., 60929-60937 2013-24024 Joint Industry Plans: Order Approving the Fifth Amendment to the National Market System Plan to Address Extraordinary Market Volatility, 60937-60939 2013-24019 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 60973-60975 2013-24004 BATS Y-Exchange, Inc., 60963-60964 2013-24005 C2 Options Exchange, Inc., 60947-60950 2013-23999 Chicago Board Options Exchange, Inc., 60971-60973, 60978-60982 2013-24000 2013-24013 2013-24015 Chicago Stock Exchange, Inc., 60945-60946 2013-24006 EDGA Exchange, Inc., 60965-60966 2013-24003 EDGX Exchange, Inc., 60941-60943 2013-24002 Financial Industry Regulatory Authority, Inc., 60952-60954, 60982-60985 2013-24007 2013-24012 International Securities Exchange, LLC, 60991-60993 2013-24001 Miami International Securities Exchange, LLC, 60966-60969 2013-24014 Municipal Securities Rulemaking Board, 60956-60962, 60985-60991 2013-24020 2013-24021 NASDAQ Stock Market LLC, 60977-60978 2013-24018 National Stock Exchange, Inc., 60954-60956 2013-24016 New York Stock Exchange, LLC, 60969-60971 2013-24010 NYSE Arca, Inc., 60939-60941, 60950-60952, 60975-60976 2013-24009 2013-24011 2013-24017 NYSE MKT, LLC, 60943-60945 2013-24008 Trading Suspension Orders:

China Ruitai International Holdings Co., Ltd., 60993 2013-24202 Small Business Small Business Administration RULES Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation, 61114-61148 2013-22064 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Determine Returning Status, 60993-60994 2013-23957 Culturally Significant Objects Imported for Exhibition: Christopher Wool, 60994 2013-24110 In Grand Style:

Celebrations in Korean Art during the Joseon Dynasty, 60994 2013-24109 Meetings: U.S. National Commission for UNESCO; Teleconference, 60994-60995 2013-24111 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60895-60896 2013-24099 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration See Research and Innovative Technology Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Bureau of the Fiscal Service See Fiscal Service See Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Sale and Issue of Marketable Book-Entry Securities, 60998 2013-24059 Strategies to Accelerate the Testing and Adoption of Pay for Success Financing Models; Request for Information, 60998-61000 2013-24078 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61002 2013-24047 Loan Guaranty: Assistance to Eligible Individuals in Acquiring Specially Adapted Housing;

Cost-of-Construction Index, 61002 2013-24134 Workers' Workers Compensation Programs Office RULES Black Lung Benefits Act: Determining Coal Miners and Survivors Entitlement to Benefits; Correction, 60686 2013-23928 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 61004-61043 2013-23401 Part III Interior Department, Fish and Wildlife Service, 61046-61080 2013-23753 Part IV Interior Department, Fish and Wildlife Service, 61082-61112 2013-23165 Part V Small Business Administration, 61114-61148 2013-22064 Part VI Presidential Documents, 61149-61152 2013-24355 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. 78 191 Wednesday, October 2, 2013 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN 3206-AM85 Federal Employees Health Benefits Program: Members of Congress and Congressional Staff AGENCY: Office of Personnel Management.

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

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

(FEHB)Program regulations regarding coverage for Members of Congress and congressional staff. DATES: *Effective Date:* October 2, 2013. FOR FURTHER INFORMATION CONTACT: Chelsea Ruediger at

(202)606-0004. SUPPLEMENTARY INFORMATION: This final rule amends Federal Employees Health Benefits

(FEHB)Program regulations to comply with Section 1312 of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act, Public Law 111-152 (the Affordable Care Act or the Act). On August 8, 2013, the Office of Personnel Management

(OPM)published a proposed rule inviting comments on amendments to the FEHB Program regulations. The 30-day comment period ended on September 9, 2013. In response to this proposed rule, OPM received nearly 60,000 comments. The comments are summarized and discussed below. OPM will provide additional guidance as deemed necessary. Comments on Section1251(a) of the Affordable Care Act Several commenters requested that OPM review Section 1251(a) of the Affordable Care Act, which provides continuity of coverage for individuals covered under a group health plan. These commenters suggested that Section 1251(a) provides grounds for “grandfathering” current FEHB-eligible Members of Congress and congressional staff members into their current coverage and applying the requirements of Section 1312 only to Members of Congress and congressional staff hired on or after January 1, 2014. OPM is not amending the rule in response to these comments. While OPM acknowledges that, in general, the Affordable Care Act did not intend to disrupt existing health insurance coverage, in this context, the Act included clear and unambiguous language providing that all Members of Congress and congressional staff employed by the official office of a Member of Congress be subject to the terms of Section 1312 regardless of their dates of employment. Thus, the final rule implements Section 1312 of the Affordable Care Act as written. Comments About the Method by Which Congressional Staff Are Designated as Covered by § 1312 of the Affordable Care Act OPM received several comments related to health care coverage for congressional staff and how staff will be designated for the purpose of determining which individuals are required to purchase their health insurance coverage from an Exchange. OPM has not amended the final rule on the basis of these comments. OPM continues to believe that individual Members or their designees are in the best position to determine which staff work in the official office of each Member. Accordingly, OPM will leave those determinations to the Members or their designees, and will not interfere in the process by which a Member of Congress may work with the House and Senate Administrative Offices to determine which of their staff are eligible for a Government contribution towards a health benefits plan purchased through an appropriate Small Business Health Options Program

(SHOP)as determined by the Director. Nothing in this regulation limits a Member's authority to delegate to the House or Senate Administrative Offices the Member's decision about the proper designation of his or her staff. The final rule has been amended to provide an extension for staff designations affecting plan year 2014 only. Designations for individuals hired throughout the plan year should be made at the time of hire. Comments on Incorporating Exchange Plans Under the § 8901

(6)Definition of “Health Benefit Plan Under This Chapter” Some commenters questioned OPM's decision to incorporate Exchange qualified health plans into the Section 8901(6) definition of a health benefits plan. OPM maintains its position that, because the Affordable Care Act did not alter the definition of “health benefits plan” under 5 U.S.C. 8901(6) and because the statutory definition of “health benefits plan” would otherwise apply to an Exchange qualified health plan, this regulation is an appropriate exercise of OPM's interpretive authority under Chapter 89. OPM has been provided the statutory authority to administer health benefits to Federal employees (as defined in 5 U.S.C. 8901(1)). Because Section 1312 of the Affordable Care Act did not remove Members of Congress or congressional staff from the Chapter 89 definition of “employee,” it is within OPM's interpretive authority under Chapter 89 to clarify that a Government contribution may be provided to, and to establish the means for a Government contribution towards health benefits for, Members of Congress and congressional staff, just as we do for other Federal employees. Comments on Government Contributions Numerous commenters questioned OPM's proposal to extend a Government contribution for Members of Congress and congressional staff purchasing health plans through the individual market Exchanges. Many commenters expressed their view that a Government contribution is antithetical to the intent of Section 1312 of the Affordable Care Act, which they interpret to require Members of Congress and congressional staff to purchase the same health insurance available to private citizens on the Exchanges. Commenters asserted that Members of Congress and congressional staff should be subject to the same requirements as citizens purchasing insurance on the Exchanges, including individual responsibility for premiums and income restrictions for premium assistance. As described in the proposed rule, because there are now employees covered by chapter 89 who will be purchasing health benefits plans on Exchanges, we believe that it is appropriate that the provisions that authorize an employer contribution for “health benefits plans under this chapter” includes health benefits plans fitting within the definition set forth in Section 8901(6). Nothing in this rule or the law prevents a Member of Congress or designated congressional staff from declining a Government contribution for himself or herself by choosing a different option for his/her health insurance coverage. The proposed rule was silent on whether eligible individuals would select qualified health plans through an Exchange in the individual or small group market by way of the SHOP. Because a Government contribution is, in essence, an employer contribution, the final rule clarifies that Members of Congress and designated congressional staff must enroll in an appropriate SHOP as determined by the Director in order to receive a Government contribution. SHOPs are designed to provide employer-sponsored group health benefits and are, therefore, the appropriate environment in which to provide an employer contribution to Members of Congress and congressional staff. Further, this ensures that Members of Congress and congressional staff do not have additional choices in the individual Exchanges with a Government contribution that other individuals lack. Given the location of Congress in the District of Columbia, OPM has determined that the DC SHOP, known as the DC Health Link Small Business Market administered by the DC Health Benefit Exchange Authority, is the appropriate SHOP from which Members of Congress and designated congressional staff will purchase health insurance in order to receive a Government contribution. OPM intends to work with the DC Health Benefits Exchange to implement this rule. Nothing in the final rule limits an individual from purchasing health insurance through other methods including the individual market Exchanges. Members of Congress and designated congressional staff are subject to the same requirements as citizens purchasing insurance on the Exchanges, including individual responsibility. Access to the Government contribution through the SHOP limits their eligibility for premium tax credits available through the individual market Exchanges. OPM was also asked to provide additional details on how the Government contribution will be calculated. The formula for Government contributions is set forth in 5 U.S.C. Section 8906. Comments on Retirement Numerous commenters have urged OPM to reconsider its position that Section 1312 affects annuitant health insurance benefits. Section 1312 only addresses the health benefits plans that the Federal Government may offer Members of Congress and congressional staff employed by the official office of a Member of Congress while they are employed in those positions. This provision neither amended any of the sections of Chapter 89 relating to annuitant health benefits nor otherwise indicated that the provision applies to annuitants. Because we agree with the central premise of these comments, we have deleted the proposed language in Section 890.501(h)(1) and

(2)referring to annuitants. We make this change for the additional reason that, otherwise, Members of Congress and congressional staff would have broader health insurance options in the Exchange in retirement than are available to other Federal annuitants. Members of Congress and congressional staff will be subject to the same rules of participation in the FEHB Program in retirement as other Federal annuitants. During the comment period, OPM was asked to clarify the effect of this regulation on current congressional retirees. Under the final rule, congressional retirees who are currently enrolled in plans contracted for and approved by OPM will not be affected and will continue enrollment in their current plans. In addition, OPM was asked if time covered under a plan purchased through the appropriate SHOP with a Government contribution would count towards the 5-year requirement to carry coverage into retirement. Time spent under a plan purchased on the appropriate SHOP as determined by the Director and purchased pursuant to Section 1312 of the Affordable Care Act will count towards the time requirement outlined in Chapter 89 Section 8905(b). OPM was also asked to clarify the impact of this regulation on reemployed annuitants. This final rule does nothing to affect the choices available to a reemployed annuitant. As a general matter, upon reemployment an annuitant participating in the FEHB Program may choose either to continue that coverage without premium conversion through OPM or to have his/her enrollment transferred to his/her employing office. Coverage of Abortion Services OPM received over 59,000 comments regarding coverage of abortion services for Members of Congress and congressional staff. More than 51,000 of these requested that plans available to Members of Congress and congressional staff include abortion services. Current law prohibits the use of Federal funds to pay for abortions, except in the case of rape, incest, or when the life of the woman is endangered, and the Smith Amendment in particular makes no funds available “to pay for abortions or administrative expenses in connections with health plans under the FEHBP which provides any benefits or coverage for abortions.” Neither the proposed nor final regulation alters these prohibitions. Under OPM's final rule, no Federal funds, including administrative funds, will be used to cover abortions or administer plans that cover abortions. Unlike the health plans for which OPM contracts pursuant to 5 U.S.C. 8902, 8903 and 8903a, OPM does not administer the terms of the health benefits plans offered on an Exchange. Consequently, while plans with such coverage may be offered on an Exchange, OPM can and will take appropriate administrative steps to ensure that the cost of any such coverage purchased by a Member of Congress or a congressional staffer from a designated SHOP is accounted for and paid by the individual rather than from the Government contribution, consistent with the general prohibition on Federal funds being used for this purpose. Comments on Effective and Termination Dates OPM was asked to clarify the termination date for current FEHB plan coverage. Current FEHB health plan enrollment for Members of Congress and congressional staff employed by the official office of a Member of Congress will terminate at midnight on December 31, 2013. Members of Congress and designated congressional staff who choose to purchase health insurance through the appropriate SHOP as determined by the Director may do so with an effective date of January 1, 2014. OPM will provide additional guidance regarding effective and termination dates as deemed necessary. Comments on Eligibility for Other Federal Benefits OPM received one comment requesting clarification on the eligibility of Members of Congress and congressional staff to participate in other Federal benefits programs administered by OPM. Section 1312 and this rule only pertain to Members' or congressional staff's health benefits plans. Comments About Insurance Coverage for Representatives of U.S. Territories OPM received a comment from the representatives of U.S. Territories. Because these Members of Congress represent geographic areas where there may not be a health insurance Exchange, commenters expressed concern that these representatives would lose health coverage if removed from current FEHB plan eligibility. Three solutions were suggested: allow these Members and their staff to maintain current FEHB plan coverage, allow them to enroll in a DC-based or Federal Exchange, or allow them to enroll in a Federal Exchange established for territories for this purpose. After reviewing these options, OPM has determined that, like other Members of Congress and congressional staff, representatives from the U.S. Territories and their staff who want to receive a Government contribution will enroll for coverage through the appropriate SHOP as determined by the Director. Comments About the Affordable Care Act OPM received several comments expressing opinions about the Affordable Care Act as a whole. Other comments more specifically addressed the requirement in Section 1312 to remove Members of Congress and congressional staff from current FEHB plan coverage. Some indicated that the decision to remove Members of Congress and congressional staff from current FEHB plan coverage would have detrimental effects to these individuals. Others felt that the provision should only apply to Members of Congress and not to congressional staff. Others indicated that Members of Congress should not be provided with employer-based health coverage at all. The majority of these comments have been addressed in the above discussion. The remaining comments regarding the Affordable Care Act are beyond the scope of this regulation and are not addressed. Additional Comments OPM received additional comments regarding coverage of pathology services, Health Reimbursement Arrangements, and employer shared responsibility. These comments have been deemed outside the scope of this regulation and are not addressed in the final rule. In addition, OPM received requests for operational details about the administration of benefits for Members of Congress and designated congressional staff. Most of these questions have been responded to in the final rule. In addition, OPM plans to provide operational guidance in future communications as deemed necessary. In addition to the changes described above, the final rule includes non-substantive, editorial changes to improve clarity. 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 involves the issue of where Members of Congress and certain congressional staff may purchase their health insurance, and does not otherwise alter the FEHB program. 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 Administration and general provisions, Health benefits plans, Enrollment, Temporary extension of coverage and conversion, Contributions and withholdings, Transfers from retired FEHB Program, Benefits in medically underserved areas, Benefits for former spouses, Limit on inpatient hospital charges, physician charges, and FEHB benefit payments, Administrative sanctions imposed against health care providers, Temporary continuation of coverage, Benefits for United States hostages in Iraq and Kuwait and United States hostages captured in Lebanon, Department of Defense Federal Employees Health Benefits Program demonstration project, Administrative practice and procedure, Employee benefit plans, Government employees, Reporting and recordkeeping requirements, Retirement. U.S. Office of Personnel Management. Elaine Kaplan, Acting Director. Accordingly, OPM is amending chapter I, title 5, Code of Federal Regulations 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; Pub. L. 111-148, as amended by Pub. L. 111-152. 2. Amend § 890.101 by adding definitions of “Congressional staff member”, “Member of Congress”, and “Shop” to paragraph

(a)in alphabetical order to read as follows: § 890.101 Definitions; time computations.

(a)* * * *Congressional staff member* means an individual who is a full-time or part-time employee employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC. *Member of Congress* means a member of the Senate or of the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner of Puerto Rico. *SHOP* has the meaning given in 45 CFR 155.20. § 890.102 Coverage. 3. Amend § 890.102 by adding paragraph (c)(9) and revising paragraph

(e)as follows:

(c)* * *

(9)The following employees are not eligible to purchase a health benefit plan for which OPM contracts or which OPM approves under this paragraph (c), but may purchase health benefit plans, as defined in 5 U.S.C. 8901(6), that are offered by an appropriate SHOP as determined by the Director, pursuant to section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act, Public Law 111-152 (the Affordable Care Act or the Act):

(i)A Member of Congress.

(ii)A congressional staff member, if the individual is determined by the employing office of the Member of Congress to meet the definition of congressional staff member in § 890.101 as of January 1, 2014, or in any subsequent calendar year. Designation as a congressional staff member shall be an annual designation made prior to November 2013 for the plan year effective January 1, 2014 and October of each year for subsequent years or at the time of hiring for individuals whose employment begins during the year. The designation shall be made for the duration of the year during which the staff member works for the Member of Congress beginning with the January 1st following the designation and continuing to December 31st of that year.

(e)With the exception of those employees or groups of employees listed in paragraph (e)(1) of this section, the Office of Personnel Management makes the final determination of the applicability of this section to specific employees or groups of employees.

(1)Employees identified in paragraph (c)(9)(i) and

(ii)of this section.

(2)[Reserved]. 4. Amend § 890.201 to add a new paragraph

(d)to read as follows: § 890.201 Minimum standards for health benefit plans.

(d)Nothing in this part shall limit or prevent a health insurance plan purchased through an appropriate SHOP as determined by the Director, pursuant to section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act, Public Law 111-152 (the Affordable Care Act or the Act), by an employee otherwise covered by 5 U.S.C. 8901(1)(B) and

(C)from being considered a “health benefit plan under this chapter” for purposes of 5 U.S.C. 8905(b) and 5 U.S.C. 8906. 5. Amend § 890.303 by revising paragraph

(b)as follows: § 890.303 Continuation of enrollment.

(b)*Change of enrolled employees to certain excluded positions.* Employees and annuitants enrolled under this part who move, without a break in service or after a separation of 3 days or less, to an employment in which they are excluded by § 890.102(c), continue to be enrolled unless excluded by paragraphs (c)(4), (5), (6), (7), or

(9)of § 890.102. 6. Amend § 890.304 by revising paragraph (a)(1)(iii) to read as follows. § 890.304 Termination of enrollment.

(a)* * *

(1)* * *

(iii)The last day of the pay period in which his or her employment status or the eligibility of his or her position changes so that he or she is excluded from enrollment. 7. Amend § 890.501 to add a new paragraph

(h)to read as follows: § 890.501 Government contributions.

(h)The Government contribution for an employee who enrolls in a health benefit plan offered through an appropriate SHOP as determined by the Director pursuant to section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act, Public Law 111-152 (the Affordable Care Act or the Act) shall be calculated in the same manner as for other employees.

(2)Government contributions and employee withholdings for employees who enroll in a health benefit plan offered through an appropriate SHOP as determined by the Director, pursuant to section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act, Public Law 111-152 (the Affordable Care Act or the Act) shall be accounted for pursuant to section 8909 of title 5 and such monies shall only be available for payment of premiums, and costs in accordance with section 8909(a)(2) of title 5. [FR Doc. 2013-23565 Filed 9-30-13; 11:15 am]

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