Unknown. Final rule

4,630 words·~21 min read·/register/2015/10/28/2015-27378·

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-10-28.xml --- 80 208 Wednesday, October 28, 2015 Contents Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rate: Domestic Dates Produced or Packed in Riverside County, California, 65886-65889 2015-27340 Increased Assessment Rate: Walnuts Grown in California, 65883-65886 2015-27359 PROPOSED RULES Marketing Agreements and Orders: Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas, 66372-66412 2015-27098 Promotion, Research and Information Orders:

Hardwood Lumber and Hardwood Plywood; Termination of Rulemaking Proceeding, 65972-65973 2015-27448 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Meetings: Council for Native American Farming and Ranching, 65983 2015-27450 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Home Mortgage Disclosure (Regulation C), 66128-66340 2015-26607 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66007-66008 2015-27431 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66008-66009 2015-27416 Coast Guard Coast Guard NOTICES Meetings: National Offshore Safety Advisory Committee, 66015-66016 2015-27419 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act;

Altered System of Records, 65983-65984 2015-27426 Copyright Office Copyright Office, Library of Congress RULES Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies; Exemptions, 65944-65964 2015-27212 Defense Department Defense Department RULES Historical Research in the Files of the Office of the Secretary of Defense, 65934-65944 2015-27393 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Payment to Small Business Subcontractors;

Withdrawal, 66006-66007 2015-27432 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2016-2017 Federal Student Aid Application, 65987-65989 2015-27451 High School Longitudinal Study of 2009 Second Follow-up Main Study and 2018 Panel Maintenance, 65990 2015-27417 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance Eligibility; Investigations, 66042-66045 2015-27453 Worker Adjustment Assistance;

Determinations, 66045-66048 2015-27452 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Methoxyfenozide, 65964-65968 2015-27461 PROPOSED RULES Amendments to Framework Regulations: Federal Plan Requirements for Greenhouse Gas Emissions from Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules, 65979-65980 2015-27367 Revision of Certain Federal Water Quality Criteria Applicable to Washington, 65980 2015-27474 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66000-66001 2015-27470 Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Hazardous Waste Facility Standards, 65999 2015-27465 Meetings: Board of Scientific Counselors Safe and Sustainable Water Resources Subcommittee, 65999-66000 2015-27468 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Rolls-Royce plc Turbofan Engines, 65925-65927 2015-21729 The Boeing Company Airplanes, 65921-65925, 65927-65931 2015-26993 2015-27190 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66122 2015-27462 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66001-66004 2015-27338 2015-27391 Federal Deposit Federal Deposit Insurance Corporation RULES Filing Requirements and Processing Procedures for Changes in Control With Respect to State Nonmember Banks and State Savings Associations, 65889-65903 2015-27289 Removal of Transferred OTS Regulations Regarding Fair Credit Reporting and Amendments; etc., 65913-65919 2015-27291 Removal of Transferred OTS Regulations Regarding Safety and Soundness Guidelines and Compliance Procedures;

Rules on Safety and Soundness, 65903-65913 2015-27293 Temporary Liquidity Guarantee Program: Unlimited Deposit Insurance Coverage for Noninterest-bearing Transaction Accounts, 65919-65921 2015-27294 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 66004 2015-27618 Federal Emergency Federal Emergency Management Agency RULES Flood Elevation Determinations, 65968-65970 2015-27469 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Federal Assistance for Offsite Radiological Emergency Preparedness and Planning, 66029 2015-27412 Individual and Community Preparedness Division Annual Youth Preparedness Council Application Form, 66031-66032 2015-27476 Changes in Flood Hazard Determinations, 66018-66019, 66029-66031 2015-27411 2015-27413 Disaster Declarations: South Carolina; Amendment No. 6, 66028-66029 2015-27466 Flood Hazard Determinations, 66019-66022, 66024-66027 2015-27415 2015-27472 Flood Hazard Determinations;

Corrections, 66027-66028 2015-27475 Major Disaster and Related Determinations: Washington, 66028 2015-27477 Proposed Flood Hazard Determinations, 66022-66024 2015-27414 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Lee R. and A. Leon Thayn, 65992-65993 2015-27405 Texas Eastern Transmission, LP, 65998 2015-27399 Combined Filings, 65990-65991, 65994-65995 2015-27408 2015-27409 Environmental Assessments; Availability, etc.: Northern Natural Gas Co., Proposed Gaines County Crossover Compressor Station, 65996-65997 2015-27398 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Heber Geothermal Company LLC, 65991 2015-27410 License Applications: Boott Hydropower, Inc., Eldred L. Field Hydro Facility Trust, 65995-65996 2015-27404 Petitions for Declaratory Orders: Bayou Bridge Pipeline, LLC, 65992 2015-27403 Preliminary Permit Applications: Empire State Hydro 302, LLC, 65993 2015-27407 Requests under Blanket Authorizations: National Fuel Gas Supply Corp., 65994 2015-27401 Texas Gas Transmission, LLC, 65991-65992 2015-27400 Staff Attendances, 65995 2015-27402 Transfers of Exemptions:

Milltown Hydroelectric, LLC; Green Power USA, LLC, 65995 2015-27406 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 66004 2015-27455 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66005-66006 2015-27446 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Golden Eagles Programmatic Take Permit Application, Alta East Wind Project, Kern County, CA, 66032-66033 2015-27240 Food and Drug Food and Drug Administration PROPOSED RULES Filing of Food Additive Petitions:

Grocery Manufacturers Association, 65978-65979 2015-27277 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investigational Device Exemptions Reports and Records, 66009-66011 2015-27420 Guidance: Nonclinical Safety Evaluation of Reformulated Drug Products and Products Intended for Administration by an Alternate Route, 66013-66014 2015-27418 Product Development Under the Animal Rule, 66011-66013 2015-27361 Forest Forest Service NOTICES Environmental Impact Statements;

Availability, etc.: Jordan Cove Energy and Pacific Connector Gas Pipeline Projects; Oregon, 66036-66038 2015-27377 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Payment to Small Business Subcontractors; Withdrawal, 66006-66007 2015-27432 Meetings: The President's Management Advisory Board, 66006 2015-27368 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 Petitions for Additional Health Conditions;

Denials: World Trade Center Health Program; Petition 009--Autoimmune Diseases; Finding of Insufficient Evidence, 65980-65982 2015-27435 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Industry Industry and Security Bureau RULES Existing Validated End-User Authorizations in the People's Republic of China; Amendments, 65931-65934 2015-27442 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Pasta from Italy, 65985-65987 2015-27458 Applications for Duty-Free Entry of Scientific Instruments, 65984-65985 2015-27459 International Trade Com International Trade Commission NOTICES Complaints: Certain Woven Textile Fabrics and Products Containing Same, 66040-66041 2015-27444 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Consumer Electronics and Display Devices with Graphics Processing and Graphics Processing Units Therein, 66039-66040 2015-27428 Certain Lip Balm Products, Containers for Lip Balm, and Components Thereof, 66040 2015-27333 Justice Department Justice Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Office of Justice Programs Solicitation Template, 66041-66042 2015-27389 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Jordan Cove Energy and Pacific Connector Gas Pipeline Projects; Oregon, 66036-66038 2015-27377 Final Supplementary Rules for the Castle Rocks Land Use Plan Amendment Area: Idaho, 66033-66035 2015-27373 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Payment to Small Business Subcontractors; Withdrawal, 66006-66007 2015-27432 National Archives National Archives and Records Administration NOTICES Opening of Nixon Presidential Historical Materials, 66048 2015-27339 National Foundation National Foundation on the Arts and the Humanities NOTICES Chronicling America: Historic American Newspapers Data Challenge; Announcement, 66048-66050 2015-27445 National Institute National Institutes of Health NOTICES Exclusive Licenses:

Development of Therapeutics to Treat Obesity, Type 2 Diabetes, Fatty Liver Disease, and Liver Fibrosis in Humans, 66015 2015-27454 Meetings: Center for Scientific Review, 66014 2015-27427 National Labor National Labor Relations Board NOTICES Statement of Organization and Functions; Restructuring of Field Organization, 66050-66054 2015-27392 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 65971 2015-27429 Snapper-Grouper Fishery of the South Atlantic: 2015 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper, 65970-65971 2015-27421 NOTICES Approval of the Apalachicola, Florida National Estuarine Research Reserve Management Plan Revision, 65987 2015-27425 Meetings:

Marine Fisheries Advisory Committee, 65987 2015-27430 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 66038-66039 2015-27384 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2, and Diablo Canyon Independent Spent Fuel Storage Installation, 66054-66056 2015-27484 Exemptions:

Strata Energy, Inc., 66056-66057 2015-27483 Meetings: Advisory Committee on Reactor Safeguards, Subcommittee on Plant License Renewal, 66057-66058 2015-27482 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program: Enrollment Options Following the Termination of a Plan or Plan Option, 65881-65883 2015-27378 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 66058 2015-27501 Securities Securities and Exchange Commission PROPOSED RULES Rules to be Reviewed Pursuant to the Regulatory Flexibility Act, 65973-65978 2015-27385 NOTICES Applications:

Good Hill Partners LP and Good Hill ETF Trust, 66074-66083 2015-27372 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 66069-66072 2015-27351 BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Inc., et al., 66099-66100 2015-27396 BOX Options Exchange, LLC, 66087-66089 2015-27353 C2 Options Exchange, Inc., 66089-66092 2015-27342 Chicago Board Options Exchange, Inc., 66072-66074, 66102-66104 2015-27343 2015-27355 EDGX Exchange, Inc., 66094-66099 2015-27350 2015-27354 Financial Industry Regulatory Authority, Inc., 66342-66370 2015-27370 2015-27371 International Securities Exchange, LLC, 66063-66065 2015-27352 ISE Gemini, LLC, 66083-66085 2015-27348 Miami International Securities Exchange, LLC, 66100-66102 2015-27356 NASDAQ OMX BX, Inc., 66058-66060 2015-27347 NASDAQ OMX PHLX, LLC, 66060-66063 2015-27345 NASDAQ Stock Market LLC, 66092-66094 2015-27346 New York Stock Exchange, LLC, 66065-66069 2015-27349 NYSE Arca, Inc., 66085-66087 2015-27344 State Department State Department NOTICES Resource Demand Surcharges, 66104-66105 2015-27456 State Justice State Justice Institute NOTICES Grant Guidelines, 66105-66122 2015-27443 Meetings:

Board of Directors, 66105 2015-27424 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Trustees of the Cincinnati Southern Railway Co., Scott County, TN, 66122-66123 2015-27422 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Customs U.S. Customs and Border Protection NOTICES Quarterly IRS Interest Rates Used: Calculating Interest on Overdue Accounts and Refunds on Customs Duties, 66016-66018 2015-27437 Veteran Affairs Veterans Affairs Department NOTICES Meetings:

Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 66123-66124 2015-27337 Requests for Nominations: Advisory Committee on Cemeteries and Memorials, 66124-66125 2015-27433 Separate Parts In This Issue Part II Bureau of Consumer Financial Protection, 66128-66340 2015-26607 Part III Securities and Exchange Commission, 66342-66370 2015-27370 2015-27371 Part IV Agriculture Department, Agricultural Marketing Service, 66372-66412 2015-27098 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 80 208 Wednesday, October 28, 2015 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN 3206-AN07 Federal Employees Health Benefits Program: Enrollment Options Following the Termination of a Plan or Plan Option 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 enrollment options following the termination of a plan or plan option. DATES: This rule is effective January 1, 2016. FOR FURTHER INFORMATION CONTACT: Chelsea Ruediger at *Chelsea.Ruediger@opm.gov* or

(202)606-0004. SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management

(OPM)issued a Notice of Proposed Rulemaking on January 7, 2015 to amend Title 5 of the Code of Federal Regulations Part 890 to update enrollment options following the termination of a plan or plan option in the Federal Employees Health Benefits

(FEHB)Program. During the public comment period on the proposed rule, OPM received five comments including three from FEHB health plan carriers and two from citizens. These comments are summarized and addressed below. One commenter asked if an annuitant who fails to make a health plan enrollment election following a plan or plan option termination and is involuntarily enrolled into the lowest cost nationwide plan will have an opportunity to change his or her enrollment before the next annual Open Season. The final rule provides belated enrollment opportunities for annuitants who, for reasons beyond their control, were unable to make an enrollment election during the allowed time following the termination of a plan or plan option. One commenter requested information about a specific FEHB plan and whether or not it would leave the FEHB Program. The specific answer to that question is outside the scope of this final regulation. Each year in advance of the annual Open Season, OPM announces any plans and plan options that intend to leave the Program. If a plan or plan option leaves the Program mid-plan year, OPM will make a timely announcement. The carrier will also notify its enrollees. One commenter asked for clarification concerning the enrollment type (self only, self plus one, or self and family) of automatic enrollments into the lowest-cost nationwide plan. Though it is not specifically addressed in this final regulation, OPM will follow current standard procedures for enrollments to be of the enrollment type that the enrollee carried before the plan or plan option terminated. One commenter asked that the final rule include provisions to automatically enroll enrollees into the lowest-cost plan available with the same carrier. In the event that an entire plan is terminated from the FEHB Program, this is not possible. However, in the event of a plan option termination, the final rule does include provisions to automatically enroll enrollees into the lowest-cost remaining available option of their current plan that is not a High Deductible Health Plan (HDHP). One carrier requested that OPM identify the lowest-cost nationwide plan available for each enrollment type: Self only, self plus one and self and family. Another requested that OPM consider identifying lowest-cost local plans as the default plans for automatic enrollments following a plan or plan option termination. This commenter asserted that local plans may be better equipped to provide access to care for enrollees living in their service area. OPM declines to adopt these suggestions. OPM's intent in this regulation is to ensure that all enrollees with terminating plans have adequate access to affordable health insurance coverage while maintaining a procedure that is reasonable to administer and communicate. Enrollees will have opportunities to change plans according to existing rules if they feel a better plan would meet their needs. One commenter suggested that OPM clarify whether or not a plan that normally requires a membership or association fee would be considered as the lowest-cost nationwide plan if that plan agreed to waive the fee for any individuals who are automatically enrolled following a plan or plan option termination. OPM declines to make this change as no supporting comments were received for this suggestion. One commenter suggested that OPM include an additional criterion for selecting the lowest-cost nationwide plan to address actual capability to assume the risk for an influx of new enrollees. Nationwide FEHB plans have adequate networks and system capabilities to accommodate enrollees in any region of the U.S. One commenter asked that OPM define nationwide plan as “any plan that provides coverage in all fifty states for which any employee and annuitant is eligible” in the final rule. The final rule is not amended to adopt this definition. Health benefits plans with which OPM may contract are defined in 5 U.S.C. 8903. One commenter requested that OPM hold any remaining contingency reserve funds in an account earmarked for the lowest-cost nationwide plan. The commenter suggested that if the account accrued to a certain amount, OPM could use the balance to reduce the administrative load. OPM declines to make this change. Currently, OPM does not have the legal authority to create an additional contingency reserve for the lowest-cost nationwide plan nor to use excess funds at the end of a year to reduce administrative costs. 890.503(c)(5) allows carriers to request special transfers from their contingency reserves for “unexpected claims experience and variations from expected community rates.” One commenter suggested that OPM reserve the right to change the plan to be used for automatic enrollments following the termination of a plan or plan option in the event that the selected plan is unable to accommodate new enrollees. § 890.301(n) has been updated in the final rule to allow OPM, at its sole discretion, to designate an alternate plan for automatic enrollments. In order to maintain consistency among program participants, OPM has updated § 890.306(l)(4)(iv) to clarify that annuitants who wish to change their enrollment following an involuntary enrollment due to a plan or plan option termination may do so prospectively, rather than retroactively, within 90-days after OPM advises the annuitant of the new enrollment. Paperwork Reduction Act

(PRA)OPM has reviewed this proposed rule for PRA implications and have determined that it does not apply to this action. Regulatory Impact Analysis OPM has examined the impact of this proposed rule as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any one year. After completing this analysis, OPM has determined that this rule is not considered a major rule. 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 impacts options available for FEHB enrollees when the plan or plan option in which they are enrolled terminates. 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. Beth F. Cobert, Acting 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; 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. 2. Amend § 890.301 by revising paragraphs (i)(4)(ii) through

(iv)and adding paragraphs (i)(4)(v) and

(n)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)* * *

(ii)If the whole plan is discontinued, an employee who does not change the enrollment within the time set in (i)(4)(i) of this section will be enrolled in the lowest-cost nationwide plan option, as defined in paragraph

(n)of this section;

(iii)If one or more options of a plan are discontinued, an employee who does not change the enrollment will be enrolled in the remaining option of the plan, or in the case of a plan with two or more options remaining, the lowest-cost remaining option that is not a High Deductible Health Plan (HDHP).

(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 enrolled in the lowest-cost nationwide plan option, as defined in paragraph

(n)of this section. The effective date of enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes;

(v)An employee who is unable, for causes beyond his or her control, to make an enrollment change within the 60 days following a disaster and is, as a result, enrolled in the lowest-cost nationwide plan as defined in paragraph

(n)of this section, may request a belated enrollment into the plan of his or her choice subject to the requirements of paragraph

(c)of this section;

(n)OPM will annually determine the lowest-cost nationwide plan option calculated based on the enrollee share of the cost of a self only enrollment. The plan option identified may not be a High Deductible Health Plan

(HDHP)or an option from a health benefits plan that charges an association or membership fee. OPM reserves the right to designate an alternate plan for automatic enrollments if OPM determines circumstances dictate this. 3. Amend § 890.306 by revising paragraphs (l)(4)(ii) through

(v)and adding paragraph (l)(4)(vi) 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 lowest-cost nationwide plan option, as defined in § 890.301(n); except when the annuity is insufficient to pay the withholdings, then paragraph

(q)of this section applies.

(iii)If one or more options of a plan are discontinued, an annuitant who does not change the enrollment will be enrolled in the remaining option of the plan, or in the case of a plan with two or more options remaining, the lowest-cost remaining option that is not a High Deductible Health Plan (HDHP). In the event that 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 another option of the plan into which he or she was enrolled or another health plan of his or her choice prospectively within 90-days after OPM advises the annuitant of the new enrollment;

(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 enrolled in the lowest-cost nationwide plan option, as defined in § 890.301(n). The effective date of enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes;

(vi)An annuitant who is unable, for causes beyond his or her control, to make an enrollment change within the 60 days following a disaster and is, as a result, enrolled in the lowest-cost nationwide plan as defined in § 890.301(n), may request a belated enrollment into the plan of his or her choice subject to the requirements of paragraph

(c)of this section. 4. Amend § 890.806 by revising paragraphs (j)(4)(ii) through

(iv)and adding paragraph (j)(4)(v) to read as follows: § 890.806 When can former spouses change enrollment or reenroll and what are the effective dates?

(j)* * *

(4)* * *

(ii)If the whole plan is discontinued, a former spouse who does not change the enrollment within the time set will be enrolled in the lowest-cost nationwide plan option, as defined in § 890.301(n);

(iii)If one or more options of a plan are discontinued, a former spouse who does not change the enrollment will be enrolled in the remaining option of the plan, or in the case of a plan with two or more options remaining, the lowest-cost remaining option that is not a High Deductible Health Plan (HDHP);

(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 a former spouse does not change the enrollment within the time frame announced by OPM, the former spouse will be enrolled in the lowest-cost nationwide plan option, as defined in § 890.301(n) of this section. The effective date of enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes;

(v)A former spouse who is unable, for causes beyond his or her control, to make an enrollment change within the 60 days following a disaster and is, as a result, enrolled in the lowest-cost nationwide plan as defined in § 890.301(n), may request a belated enrollment into the plan of his or her choice subject to the requirements of paragraph

(c)of this section. 5. Amend § 890.1108 by revising paragraphs (h)(4)(ii) through

(iv)and adding paragraph (h)(4)(v) to read as follows: § 890.1108 Opportunities to change enrollment; effective dates.

(h)* * *

(4)* * *

(ii)If the whole plan is discontinued, an enrollee who does not change the enrollment within the time set will be enrolled in the lowest-cost nationwide plan option, as defined in § 890.301(n);

(iii)If one or more options of a plan are discontinued, an enrollee who does not change the enrollment will enrolled in the remaining option of the plan, or in the case of a plan with two or more options remaining, the lowest-cost remaining option that is not a High Deductible Health Plan (HDHP);

(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 enrolled in the lowest-cost nationwide plan option, as defined in § 890.301(n). The effective date of enrollment changes under this provision will be set by OPM when it makes the announcement allowing such changes;

(v)An enrollee who is unable, for causes beyond his or her control, to make an enrollment change within the 60 days following a disaster and is, as a result, enrolled in the lowest-cost nationwide plan as defined in § 890.301(n), may request a belated enrollment into the plan of his or her choice subject to the requirements of paragraph

(c)of this section. [FR Doc. 2015-27378 Filed 10-27-15; 8:45 am]

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