Unknown. Final rule
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/register/2015/10/30/2015-27381·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-2015-10-30.xml --- 80 210 Friday, October 30, 2015 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service See National Agricultural Statistics Service Army Army Department NOTICES Privacy Act; Systems of Records, 66881-66882 2015-27709 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66881 2015-27715 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 66904-66905 2015-27619 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66905-66906 2015-27666 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act; Systems of Records, 66867 2015-27719 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 66880 2015-27685 2015-27686 Commodity Credit Commodity Credit Corporation NOTICES Estimate of Peanuts and Peanut Products Available for Donation, 66866 2015-27698 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 66880-66881 2015-27787 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: New Designated Countries-Montenegro and New Zealand, 67253-67254 2015-27471 Removal of Cuba from the List of State Sponsors of Terrorism, 67252-67253 2015-27467 Requirements Relating to Supply Chain Risk, 67244-67252 2015-27463 Technical Amendments, 67254-67255 2015-27473 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 66883, 66885-66886 2015-27708 2015-27712 Charter Amendments: Department of Defense Federal Advisory Committees, 66886-66887 2015-27710 Privacy Act; Systems of Records, 66883-66885 2015-27745 TRICARE: Young Adult Program Premium Update, 66882-66883 2015-27711 Education Department Education Department RULES Program Integrity and Improvement, 67126-67201 2015-27145 Student Assistance General Provisions, Federal Family Education Loan Program, and William D.
Ford Federal Direct Loan Program, 67204-67242 2015-27143 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Postsecondary Student Aid Study 2015-16 Full Scale Student Data Collection, 66893 2015-27727 Meetings: National Assessment Governing Board, 66891-66893 2015-27720 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Designation of Performance Review Board Standing Register:
Senior Executive Service Performance Review Board, 66893-66894 2015-27757 Senior Executive Service Performance Review Board, 66894 2015-27724 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66894-66895 2015-27721 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Proposed Glades Reservoir Water Supply Project, 66888-66889 2015-27736 Meetings: Inland Waterways Users Board, 66887-66888 2015-27759 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances:
Metaflumizone, 66795-66801 2015-27788 Rimsulfuron, 66801-66805 2015-27790 Teflubenzuron, 66805-66809 2015-27593 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Idaho; Interstate Transport of Ozone, 66862-66865 2015-27594 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Diesel Emissions Reduction Act Rebate Program, 66898-66899 2015-27691 Environmental Impact Statements; Availability, etc., 66898 2015-27732 Meetings:
Good Neighbor Environmental Board, Public Advisory Committee; Teleconference, 66899 2015-27786 Equal Equal Employment Opportunity Commission PROPOSED RULES Genetic Information Nondiscrimination Act of 2008, 66853-66862 2015-27734 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Fiberglas-Technik Rudolf Lindner GmbH & Co. KG Gliders, 66790-66792 2015-27440 Special Conditions: Honda Aircraft Company (Honda) Model HA-420, HondaJet; Cruise Speed Control System, 66788-66789 2015-27700 PROPOSED RULES Airworthiness Directives:
The Boeing Company Airplanes, 66841-66843 2015-27447 Federal Communications Federal Communications Commission RULES Assessment and Collection of Regulatory Fees for Fiscal Years 2014 and 2013; Procedures for Assessment and Collection of Regulatory Fees, 66811-66817 2015-27630 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66900-66903 2015-27628 2015-27629 2015-27631 2015-27737 Federal Deposit Federal Deposit Insurance Corporation NOTICES Privacy Act;
Systems of Records, 66982-67024 2015-27288 Terminations of Receiverships: Community Capital Bank, Jonesboro, GA, 66903-66904 2015-27682 Security Bank of North Fulton, Alpharetta, GA, 66903 2015-27681 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 66809-66811 2015-27750 NOTICES Disaster Declarations: South Carolina; Amendment No. 8, 66915-66916 2015-27771 Flood Hazard Determinations, 66919-66924 2015-27748 2015-27752 2015-27755 Flood Hazard Determinations;
Changes, 66916-66919 2015-27760 Major Disasters and Related Determinations: Washington, 66921 2015-27747 Federal Energy Federal Energy Regulatory Commission RULES Refinements to Policies and Procedures for Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, 67056-67123 2015-26908 NOTICES Alleged Violations, 66895-66896 2015-27674 Combined Filings, 66895-66898 2015-27671 2015-27672 2015-27676 Requests Under Blanket Authorization:
Eastern Shore Natural Gas Co., 66896-66897 2015-27673 Staff Attendances, 66897 2015-27675 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ACH Vendor/Miscellaneous Payment Enrollment Form, 66971-66972 2015-27623 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Black-Footed Ferrets in Wyoming; Establishment of a Nonessential Experimental Population, 66821-66838 2015-27639 PROPOSED RULES Injurious Wildlife Species:
Listing 10 Freshwater Fish and 1 Crayfish, 67026-67054 2015-27366 NOTICES Environmental Impact Statements; Availability, etc.: Delta Research Station, Sacramento, CA, 66926-66927 2015-27683 Final Comprehensive Conservation Plan and Environmental Impact Statements: Monomoy National Wildlife Refuge, Barnstable County, MA, 66928-66929 2015-27439 Meetings: North American Wetlands Conservation Council; Neotropical Migratory Bird Conservation Advisory Group, 66930-66931 2015-27699 Food and Drug Food and Drug Administration PROPOSED RULES Guidance for Industry and Staff:
Homologous Use of Human Cells, Tissues, and Cellular and Tissue-Based Products, 66850-66851 2015-27704 Human Cells, Tissues, and Cellular and Tissue-Based Products From Adipose Tissue—Regulatory Considerations; Reopening Comment Period, 66849-66850 2015-27706 Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Reopening Comment Period, 66844-66845 2015-27705 Regulation of Human Cells, Tissues, or Cellular or Tissue-Based Products; Public Hearing, 66845-66847 2015-27703 Same Surgical Procedure Exception—Questions and Answers Regarding the Scope of the Exception;
Reopening Comment Period, 66847-66848 2015-27707 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Industry on Controlled Correspondence Related to Generic Drug Development, 66910 2015-27741 Impact of Ad Exposure Frequency on Perception and Mental Processing of Risks and Benefit Information in Direct-to-Consumer Prescription Drug Ads, 66912 2015-27743 Survey of Pharmacists and Patients; Variations in the Physical Characteristics of Generic Drug Pills and Patient Perceptions, 66912 2015-27742 Determinations that Products Were Not Withdrawn from Sale for Reasons of Safety or Effectiveness:
TENSILON and TENSILON Preservative Free (Edrophonium Chloride) Injectable, et al., 66911-66912 2015-27740 Guidance for Industry and Staff: Investigational New Drug Applications—Determining Whether Human Research Studies Can Be Conducted Without an Investigational New Drug Application, 66907-66909 2015-27729 Liposome Drug Products: Chemistry, Manufacturing, and Controls; Human Pharmacokinetics and Bioavailability; and Labeling Documentation, 66906-66907 2015-27744 Meetings: Clinical Trials—Assessing Safety and Efficacy for Diverse Populations, 66909-66910 2015-27728 Forest Forest Service NOTICES Meetings:
Tongass Advisory Committee, 66866 2015-27640 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application/Permit for Use of Space in Public Buildings and Grounds, 66904 2015-27807 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66931-66932 2015-27730 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort, 66913 2015-27701 Performance Review Board Members, 66912-66913 2015-27749 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S.
Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 66925-66926 2015-27365 Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Preparer Tax Identification Number User Fee Update, 66792-66795 2015-27789 PROPOSED RULES Preparer Tax Identification Number User Fee Update, 66851-66853 2015-27791 International Trade Adm International Trade Administration NOTICES Retractions of Publications:
Final Redetermination Pursuant to Court Remand, Wheatland Tube Co. v. United States, 66867 2015-27777 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Barium Chloride from China, 66935 2015-27739 Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof, 66934-66935 2015-27668 Justice Department Justice Department NOTICES Proposed Consent Decrees under the Clean Air Act, 66935 2015-27615 Labor Department Labor Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Resource Justification Model, 66935-66936 2015-27702 Merit Merit Systems Protection Board RULES Practices and Procedures, 66787-66788 2015-27652 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66866-66867 2015-27617 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Federal Council on the Arts and the Humanities;
Arts and Artifacts Indemnity Panel Advisory Committee, 66936-66937 2015-27642 National Council on the Humanities, 66937 2015-27643 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Health Information in Public Libraries User Needs Survey, 66914-66915 2015-27678 Generic Clearance for the Eunice Kennedy Shriver National Institute of Child Health and Human Development Data and Specimen Hub, 66913-66914 2015-27717 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 66839-66840 2015-27694 NOTICES Presidential Task Force on Combating Illegal Unreported and Unregulated Fishing and Seafood Fraud Action Plan, 66867-66879 2015-27780 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Programmatic Clearance for NPS-Sponsored Public Surveys, 66932-66933 2015-27714 National Science National Science Foundation NOTICES Meetings;
Sunshine Act, 66937-66938 2015-27865 2015-27866 Navy Navy Department NOTICES Privacy Act; Systems of Records, 66889-66891 2015-27713 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Amendment Applications: Pacific Gas and Electric Company; Diablo Canyon Independent Spent Fuel Storage Installation, 66938-66941 2015-27770 Meetings; Sunshine Act, 66938 2015-27825 Personnel Personnel Management Office RULES Federal Long Term Care Insurance Program Eligibility Changes, 66785-66787 2015-27381 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials:
Carriage of Battery-Powered Electronic Smoking Devices in Passenger Baggage, 66817-66821 2015-27622 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 66941-66942 2015-27664 2015-27665 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Iran Threat Reduction and Syria Human Rights Act of 2012; Delegation of Functions and Authorities (Memorandum of October 18, 2015), 66781-66782 2015-27868 Iran; Joint Comprehensive Plan of Action Implementation (Memorandum of October 18, 2015), 66783-66784 2015-27869 Sudan;
Continuation of National Emergency (Notice of October 28, 2015), 67257-67259 2015-27929 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Sacramento Regional County Sanitation District South County Ag Water Recycling Program, 66933-66934 2015-27716 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX BX, Inc., 66949-66951 2015-27649 NASDAQ OMX PHLX, LLC, 66955-66958 2015-27657 NASDAQ Stock Market, LLC, 66947-66949 2015-27650 New York Stock Exchange, LLC, 66942-66944 2015-27654 NYSE Arca, Inc., 66951-66955, 66958-66960 2015-27653 2015-27656 NYSE MKT, LLC, 66944-66947 2015-27655 Small Business Small Business Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 66961-66963 2015-27754 2015-27756 2015-27758 Disaster Declarations: South Carolina; Amendment 1, 66962-66963 2015-27624 South Carolina; Amendment 2, 66960-66961 2015-27634 South Carolina; Amendment 5, 66962 2015-27633 Texas, 66960 2015-27626 Washington, 66962 2015-27636 Military Reservist Economic Injury Disaster Loans: Interest Rate for First Quarter FY 2016, 66963 2015-27638 Social Social Security Administration PROPOSED RULES Vocational Factors of Age, Education, and Work Experience in the Adult Disability Determination Process;
Comment Period Extention, 66843-66844 2015-27692 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66967-66968 2015-27679 Cost-of-Living Increase and Other Determinations for 2016, 66963-66967 2015-27828 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66968-66969 2015-27726 Control Exemptions: SteelRiver Infrastructure Fund North America LP, et al.;
Georgia Northeastern Railroad Co., Inc. and Blue Ridge Scenic Excursions, Inc., 66969-66970 2015-27731 Lease and Operation Exemptions: Intermodal RR Transfer, LLC; JACJON Associates, 66968 2015-27722 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66970-66971 2015-27677 Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 66972-66977 2015-27651 2015-27659 2015-27660 2015-27662 2015-27663 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Identification Card, 66915 2015-27767 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplement to VA Form, 66977-66978 2015-27670 Environmental Impact Statements;
Availability, etc.: Reconfiguration of VA Black Hills Health Care System, 66978-66979 2015-27684 Replacement Robley Rex Veterans Affairs Medical Center, Louisville, KY, 66979-66980 2015-27658 Meetings: Commission on Care, 66980 2015-27589 National Research Advisory Council, 66979 2015-27680 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation, 66982-67024 2015-27288 Part III Interior Department, Fish and Wildlife Service, 67026-67054 2015-27366 Part IV Energy Department, Federal Energy Regulatory Commission, 67056-67123 2015-26908 Part V Education Department, 67126-67201 2015-27145 Part VI Education Department, 67204-67242 2015-27143 Part VII Defense Department, Defense Acquisition Regulations System, 67244-67255 2015-27471 2015-27467 2015-27463 2015-27473 Part VIII Presidential Documents, 67257-67259 2015-27929 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. 80 210 Friday, October 30, 2015 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 875 RIN 3206-AN05 Federal Long Term Care Insurance Program Eligibility Changes AGENCY: U.S. Office of Personnel Management. ACTION:
Final rule. SUMMARY: The United States Office of Personnel Management
(OPM)is issuing a final rule to amend the Federal Long Term Care Insurance Program (FLTCIP) regulation to expand eligibility to apply for coverage under the Program. This rule expands the definition of “qualified relative” to include opposite-sex domestic partners of Federal and U.S. Postal Service employees, annuitants, members of the uniformed services, and retired members of the uniformed services. In addition, this rule provides that adult children of domestic partners will be considered one of the types of individuals comprising the statutory term “qualified relative” who may apply for FLTCIP coverage. DATES: Effective November 30, 2015. FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst,
(202)606-0004, or by email to *Ronald.Brown@opm.gov* . SUPPLEMENTARY INFORMATION: On November 13, 2014, OPM published proposed regulations in the **Federal Register** (79 FR 67377—67379) to
(1)Expand the definition of “qualified relative” under 5 U.S.C. 9001(5)(D) to include both same-sex and opposite-sex domestic partners of Federal and U.S. Postal Service employees and annuitants and members and retired members of the uniformed services;
(2)expand the definition of “qualified relative” to include adult children of domestic partners of Federal and U.S. Postal Service employees and annuitants, and members and retired members of the uniformed services;
(3)allow the workforce member or his or her domestic partner to provide notice to the employing office if at any time between the time of application and the time coverage is scheduled to go into effect, any of the conditions for a domestic partnership are no longer met, in which case a domestic partnership is deemed terminated;
(4)require domestic partners to provide documentation to establish that they meet the criteria for domestic partnership;
(5)clarify that once coverage has begun, termination of a domestic partnership does not terminate a domestic partner's insurance coverage as long as the Carrier continues to receive the required premium when due; and
(6)make other technical conforming amendments to the FLTCIP rules in connection with the extension of coverage to domestic partners and to adult children of domestic partners. Comments were requested to be received on or before January 12, 2015. After reviewing the comments received OPM is issuing the final regulation as proposed. Analysis of and Response to Public Comments We received three comments on the proposed rule. All commenters expressed support for the proposed rule that extends important coverage to domestic partners and to children of domestic partners under the FLTCIP. One commenter approved the wording of the proposed rule with no suggested changes and this comment is not addressed. Below, please find our response to the remaining two comments we received. *Comment:* The commenter had concerns as to the wording or the implications of this expansion primarily concerning states that do not recognize domestic partnerships, and requested to know how eligibility would be treated for qualified partners in states that do not recognize domestic partnerships. The commenter requested to know whether a couple that is considered, and could register as a domestic partnership in one state would be deemed ineligible in a state that does not recognize and does not register domestic partnerships or whether this would prohibit same-sex partnerships in states that prevent same-sex marriage. This commenter also noted that the FLTCIP regulation explains that one would not be deemed eligible if related in a way that would prohibit legal marriage in the U.S. jurisdiction in which the domestic partnership was formed and requested further clarification of how would this impact same-sex domestic partnerships in states that prevent same-sex marriage. *Response:* The proposed and final regulations expand the definition of “qualified relative” to cover all individuals who are domestic partners (both same-sex and opposite-sex) of Federal and U.S. Postal Service employees, annuitants, members of the uniformed services, and retired members of the uniformed services no matter their state of residence. The regulation allows coverage for individuals who certify to their employing office that they meet the criteria in the regulatory definition of domestic partnership. The requirement in paragraph (v)(ii) of the definition of domestic partnership does not prevent those who reside in states that prohibit same-sex marriage to register as domestic partners. The requirement is meant to prevent those who are related by blood to certify to a domestic partnership as determined by their state of residence. This requirement already applies to same-sex domestic partners who can currently apply for coverage. *Comment:* The commenter recommended that we amend the proposed rulemaking to ensure that all children of same-sex parents are eligible to access FLTCIP Benefits, regardless of their parents' ability to marry. The commenter stated that this can be achieved by redefining an eligible child to include the child of a person standing *in loco parentis,* where *in loco parentis* means those persons with day-to-day responsibilities to care for and financially support a child, and with whom a biological or legal relationship is not necessary. *Response:* The proposed rule clarifies that OPM intends for children of domestic partners to be treated the same as currently eligible individuals. The eligibility of the stepchild does not depend upon the parent's ability to marry. The FLTCIP regulation provides that a “stepchild,” as defined in the proposed rule, may qualify for FLTCIP coverage as a qualified relative, if all eligibility requirements are met. The stepchild must be the child of the spouse or domestic partner of an employee, annuitant, member of the uniformed services, or retired member of the uniformed services. The stepchild(ren) may apply for coverage even if the employee does not apply, and his or her eligibility for FLTICP coverage is determined independent of the workforce member's ability to marry. 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 adds additional groups to the list of groups eligible to apply for coverage under the FLTCIP. The FLTCIP is a voluntary, self-pay, benefits program with no Government contribution. 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 875 Administrative practice and procedure, Employee benefit plans, Government contracts, Government employees, health insurance, military personnel, organization and functions, Retirement. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM is amending 5 CFR part 875 as follows: PART 875—FEDERAL LONG TERM CARE INSURANCE PROGRAM 1. The authority citation for 5 CFR part 875 continues to read as follows: Authority: 5 U.S.C. 9008. Subpart A—Administration and General Provisions 2. Section 875.101 is amended by revising the definitions of “domestic partner” and “domestic partnership” and by adding in alphabetical order a definition of “stepchild(ren)” to read as follows: § 875.101 Definitions. *Domestic partner* is defined as a person in a domestic partnership with an employee, annuitant, member of the uniformed services, or retired member of the uniformed services. *Domestic partnership* means:
(1)A committed relationship between two adults, of the opposite sex or same sex, in which the partners—
(i)Are each other's sole domestic partner and intend to remain so indefinitely;
(ii)Maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle);
(iii)Are at least 18 years of age and mentally competent to consent to a contract;
(iv)Share responsibility for a significant measure of each other's financial obligations;
(v)Are not married or joined in a civil union to anyone else;
(vi)Are not a domestic partner of anyone else;
(vii)Are not related in a way that would prohibit legal marriage in the U.S. jurisdiction in which the domestic partnership was formed;
(viii)Provide documentation demonstrating fulfillment of the requirements of paragraphs (1)(i) through
(vii)of this definition as prescribed by OPM; and
(ix)Certify that they understand that willful falsification of the documentation described in paragraph (1)(viii) of this definition may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification and may constitute a criminal violation under 18 U.S.C. 1001.
(2)You or your domestic partner must notify the employing office if at any time between the time of application and the time coverage is scheduled to go into effect, any of the conditions listed in paragraphs (1)(i) through
(vii)of this definition are no longer met, in which case a domestic partnership is deemed terminated. Such notification must be made as soon as possible, but in no event later than thirty calendar days after such conditions are no longer met. *Stepchild(ren),* as set forth in section 9001 of title 5, United States Code, means the child(ren) of the spouse or domestic partner of an employee, annuitant, member of the uniformed services, or retired member of the uniformed services. Subpart B—Eligibility 3. Section 875.208 is revised to read as follows: § 875.208 May I apply as a qualified relative if the person on whom I am basing my eligibility status has died? You may not apply as a qualified relative if the workforce member on whom you are basing your qualified relative status died prior to the time you apply for coverage, unless you are receiving a survivor annuity as the spouse or an insurable interest annuity as the domestic partner of a deceased workforce member. In this case, your adult children and your current spouse or domestic partner are also considered to be qualified relatives. 4. In § 875.213, paragraph
(a)is revised to read as follows: § 875.213 May I apply as a qualified relative if I am the domestic partner of a workforce member?
(a)You may apply for coverage as a qualified relative if you are a domestic partner, as described in § 875.101 of this chapter. As prescribed by OPM, you will be required to provide documentation to demonstrate that you meet these requirements, and you must submit to full underwriting requirements. However, as explained in § 875.210 of this chapter, if you lose your status as a domestic partner, and therefore a qualified relative, before your coverage goes into effect, you are no longer eligible for FLTCIP coverage. Subpart D—Coverage 5. Section 875.405 is revised to read as follows: § 875.405 If I marry, may my new spouse apply for coverage; if I become a domestic partner, may my new domestic partner apply for coverage; and may other qualified relatives apply for coverage?
(a)*Marriage.*
(1)If you are an active workforce member and you have married, your spouse is eligible to submit an application for coverage under this section within 60 days from the date of your marriage and will be subject to the underwriting requirements in force for the spouses of active workforce members during the most recent open season. You, however, are not eligible for abbreviated underwriting because of your marriage. You, your spouse, or both you and your spouse may apply for coverage during this 60-day period, but full underwriting will be required for you. After 60 days from the date of your marriage, you and/or your spouse may still apply for coverage but will be subject to full underwriting.
(2)If you are an active workforce member and you have entered into a domestic partnership, your domestic partner is eligible to submit an application for coverage under this section at any time from the commencing date of your domestic partnership and will be subject to full underwriting requirements. You are not eligible for abbreviated underwriting because of your domestic partnership. You, your domestic partner, or both you and your domestic partner may apply for coverage at any time, but full underwriting will be required for both of you.
(b)*Domestic partnership.* The new spouse or domestic partner of an annuitant or retired member of the uniformed services may apply for coverage with full underwriting at any time following the marriage or commencing date of the domestic partnership.
(c)*Other qualified relatives.* Other qualified relative(s) of a workforce member may apply for coverage with full underwriting at any time following the marriage or commencing date of the domestic partnership. 6. In § 875.412, the introductory text is revised and paragraph
(e)is added to read as follows: § 875.412 When will my coverage terminate? Except as provided in paragraph
(e)of this section, your coverage will terminate on the earliest of the following dates:
(e)Termination of a domestic partnership does not terminate insurance coverage as long as the Carrier continues to receive the required premium when due. [FR Doc. 2015-27381 Filed 10-29-15; 8:45 am]
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