Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-12-02.xml --- 81 232 Friday, December 2, 2016 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 87017-87018 2016-28963 Meetings: Council for Native American Farming and Ranching, 87017 2016-28492 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Viticultural Areas: Dahlonega Plateau; Establishment, 86980-86987 2016-28839 Army Army Department NOTICES Environmental Assessments;

Availability, etc.: Construction and Operation of Solar Photovoltaic Renewable Energy Projects on Army Installations, 87025-87026 2016-28842 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 87037-87039 2016-28899 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 87039-87041 2016-29007 2016-29011 Civil Rights Civil Rights Commission NOTICES Meetings:

Nevada State Advisory Committee, 87018 2016-28987 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance on Sound Incentive Compensation Practices, 87126-87127 2016-28903 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 87025 2016-29061 Private Civil Litigations:

Litigation Guidance, Recommended Best Practices for Protective Orders and Settlement Agreements, 87023-87025 2016-29004 Defense Department Defense Department See Army Department Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student Assistance General Provisions—Approval of Independently Administered Tests, 87027 2016-29002 William D. Ford Federal Direct Loan Program—150 Percent Limitation, 87026-87027 2016-29003 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance Eligibility;

Amended Certifications: CTS Corporation, Including On-site Leased Workers from Specialized Staffing, Manpower, Aerotek, Personnel Partners, Talent Source Staffing, and Tech USA, Elkhart, IN, 87080 2016-28914 Worker Adjustment Assistance Eligibility; Determinations, 87071-87074, 87076-87080 2016-28908 2016-28910 Worker Adjustment Assistance Eligibility; Investigations, 87080-87082 2016-28913 Worker Adjustment Assistance Eligibility; Reconsiderations: GrafTech International Holdings Inc., Engineered Solutions Division, a subsidiary of Brookfield Asset Management Inc., Anmoore, WV, 87074 2016-28911 Halliburton Energy Services, Inc., Technology, Duncan, OK, 87075 2016-28912 Worker Adjustment Assistance;

Investigations, 87075-87076 2016-28909 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Petitions for Waivers: Miele Inc., Dishwashers Test Procedures, 87027-87030 2016-28984 Samsung Electronics America, Inc., Clothes Washer Test Procedure, 87030-87034 2016-28980 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances:

Bicyclopyrone, 86960-86966 2016-29005 PROPOSED RULES Field Validation of Pollutant Measurement Methods: Method 301 Revisions, 87003-87016 2016-27544 Tribal Implementation Plans and Designations of Air Quality Planning Areas: Source-Specific Federal Implementation Plan for Four Corners Power Plant, Navajo Nation, 86988-87003 2016-28870 NOTICES Environmental Impact Statements; Availability, etc., 87036-87037 2016-29010 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

The Boeing Company Airplanes, 86912-86914 2016-29064 Special Conditions: Gulfstream Aerospace Corporation Model GVII-G500 Airplanes; Electronic Flight-Control-System Mode Annunciation, 86910-86912 2016-28725 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 86975-86977 2016-28621 The Boeing Company Airplanes, 86977-86979 2016-28620 NOTICES Meetings: Sixth Radio Technical Commission for Aeronautics SC-235 Non-Rechargeable Lithium Batteries Plenary, 87123-87124 2016-28992 Federal Communications Federal Communications Commission RULES Protecting the Privacy of Customers of Broadband and Other Telecommunications Services, 87274-87346 2016-28006 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 87034-87035 2016-28938 Federal Highway Federal Highway Administration RULES Construction Manager/General Contractor Contracting, 86928-86947 2016-28977 NOTICES Buy America Waivers, 87124-87125 2016-28970 2016-28973 2016-28975 Federal Trade Federal Trade Commission RULES Automotive Fuel Ratings, Certification and Posting, 86914-86915 2016-29006 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Review of Native Species that are Candidates for Listing as Endangered or Threatened, etc., 87246-87272 2016-28817 Food and Drug Food and Drug Administration NOTICES Determinations of Regulatory Review Periods for Purposes of Patent Extensions: OPDIVO, 87044-87045 2016-28917 TRESIBA, 87045-87047 2016-28939 TRUMENBA, 87041-87042 2016-28916 Guidance: Physiologically Based Pharmacokinetic Analyses—Format and Content, 87043-87044 2016-28971 General Services General Services Administration NOTICES Meetings:

World War One Centennial Commission, 87037 2016-28920 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See U.S. Customs and Border Protection Housing Housing and Urban Development Department RULES HOME Investment Partnerships Program;

Changes: Commitment Requirement, 86947-86953 2016-28591 NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 87049-87051 2016-28592 Indian Affairs Indian Affairs Bureau RULES Civil Penalties Inflation Adjustments, 86953 2016-28750 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Consistent Basis Reporting Between Estate and Person Acquiring Property from Decedent, 86953-86955 2016-28906 User Fees for Installment Agreements, 86955-86960 2016-28936 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 87127-87128 2016-28915 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Stainless Steel Bar from Spain, 87021-87022 2016-28982 Determinations of Sales at Less than Fair Value: Certain Carbon and Alloy Steel Cut-To-Length Plate From France, 87019-87021 2016-28983 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Softwood Lumber Products from Canada, 87069-87070 2016-28922 Justice Department Justice Department RULES Nondiscrimination on the Basis of Disability by Public Accommodations: Movie Theaters; Movie Captioning and Audio Description, 87348-87387 2016-28644 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Juvenile Justice and Delinquency Prevention National Training and Technical Assistance Center Feedback Form Package, 87070-87071 2016-28979 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration RULES Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act, 87130-87243 2016-27737 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Cascades Job Corps College and Career Academy Pilot Evaluation, 87082 2016-28989 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 87125-87126 2016-29001 NASA National Aeronautics and Space Administration NOTICES Federal Advisory Committees; Establishments, 87082-87083 2016-28981 National Institute National Institutes of Health NOTICES Meetings: National Institute of Diabetes and Digestive and Kidney Diseases, 87047 2016-28901 National Institute of Neurological Disorders and Stroke, 87047 2016-28902 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2016 Commercial Accountability Measures and Closure for Atlantic Migratory Group Cobia, 86973-86974 2016-28904 Reef Fish Fishery of the Gulf of Mexico;

Red Snapper Management Measures, 86971-86973 2016-28905 Re-opening of Recreational Sector for the South Atlantic Other Jacks Complex, 86970 2016-28942 International Fisheries: Tuna and Tuna-like Species in the Eastern Pacific Ocean; Silky Shark Fishing Restrictions and Fish Aggregating Device Data Collection and Identification, 86966-86970 2016-28968 NOTICES Fishing Capacity Reduction Programs: Bering Sea and Aleutian Islands King and Tanner Crab Fisheries, 87022 2016-28900 Meetings:

Pacific Fishery Management Council, 87022-87023 2016-28918 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Recirculation and Adoption of the Central Everglades Planning Project, 87053-87054 2016-28988 Inventory Completions: Department of Anthropology at Indiana University, Bloomington, IN, 87060-87061 2016-28956 Glenn A. Black Laboratory of Archaeology at Indiana University, Bloomington, IN, 87065-87066 2016-28945 Indiana University, Bloomington, IN, 87052-87053, 87064-87065 2016-28954 2016-28955 Peabody Museum of Natural History, Yale University, New Haven, CT, 87054-87056, 87059-87062 2016-28946 2016-28947 2016-28948 2016-28951 2016-28953 U.S.

Army Corps of Engineers, Huntington District, Huntington, WV, 87067-87069 2016-28959 U.S. Department of Agriculture, Forest Service, Bighorn National Forest, Sheridan, WY, 87056-87057 2016-28957 U.S. Department of Agriculture, Forest Service, Tongass National Forest, Craig Ranger District, Craig, AK, 87051-87052 2016-28958 U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DC, and Arizona State Museum, University of Arizona, Tucson, AZ, 87057-87059, 87063-87064 2016-28944 2016-28961 Repatriation of Cultural Items:

Peabody Museum of Natural History, Yale University, New Haven, CT, 87055-87056 2016-28952 U.S. Army Corps of Engineers, Huntington District, Huntington, WV, 87066-87067 2016-28960 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 87083 2016-28964 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 86906-86910 2016-28684 NOTICES Guidance: Advanced Light-Water Reactor Probabilistic Risk Assessment, 87083-87085 2016-28962 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Standards Improvement Project—Phase IV, 86987-86988 2016-28924 Personnel Personnel Management Office RULES Federal Employees Health Benefits and Federal Employees Dental and Vision Insurance Programs:

Coverage Exception For Children of Same-Sex Domestic Partners, 86905-86906 2016-28789 NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 87085 2016-28985 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 87085-87086 2016-28907 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Impaired Driving Prevention Month (Proc. 9547), 87395-87398 2016-29186 World AIDS Day (Proc. 9548), 87399-87400 2016-29192 Trade:

Harmonized Tariff Schedule of the U.S.; Modifications (Proc. 9549), 87401-87407 2016-29200 EXECUTIVE ORDERS Government Agencies and Employees: Competitive Service; Appointments of the Fulbright U.S. Student Program, the Gilman International Scholarship Program, and the Critical Language Scholarship Program (EO 13750), 87393-87394 2016-29169 Foreign Service; Competitive Service Appointments of Certain Employees (EO 13749), 87389-87392 2016-29165 Securities Securities and Exchange Commission NOTICES Applications:

Deregistration under the Investment Company Act, 87109 2016-28935 Joint Industry Plans: Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Bats EDGA Exchange, Inc., et al., 87114-87119 2016-28937 Self-Regulatory Organizations; Proposed Rule Changes: Bats EDGA Exchange, Inc., 87112-87113 2016-28934 Bats EDGX Exchange, Inc., 87109-87112 2016-28926 2016-28933 Chicago Board Options Exchange, Inc., 87102-87106 2016-28929 Financial Industry Regulatory Authority, Inc.; Correction, 87111 2016-28925 Miami International Securities Exchange LLC, 87086-87089 2016-28928 NASDAQ BX, Inc., 87091-87094 2016-28932 NASDAQ PHLX LLC, 87089-87091 2016-28930 NYSE Arca, Inc., 87094-87102 2016-28927 The NASDAQ Stock Market LLC, 87106-87109 2016-28931 Social Social Security Administration RULES Revised Medical Criteria:

Evaluating Human Immunodeficiency Virus Infection and for Evaluating Functional Limitations in Immune System Disorders, 86915-86928 2016-28843 Revised Medical Criteria; Correction: Evaluating Mental Disorders, 86928 2016-28845 PROPOSED RULES Anti-Harassment and Hostile Work Environment Case Tracking and Records System, 86979-86980 2016-28919 NOTICES Privacy Act; Systems of Records, 87119-87121 2016-29035 Substance Substance Abuse and Mental Health Services Administration NOTICES Certified Laboratories and Instrumented Initial Testing Facilities:

List of Facilities that Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 87047-87049 2016-28940 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation; Exemptions: Kokomo Rail, LLC; Rail Line of Indian Creek Railroad Company, 87122-87123 2016-28943 Continuance in Control; Exemptions: Carload Express, Inc.; Delmarva Central Railroad Co., 87123 2016-28949 Lease Exemptions Containing Interchange Commitments: Delmarva Central Railroad Co.;

Norfolk Southern Railway Co., 87122 2016-28950 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service NOTICES Countries Requiring Cooperation with an International Boycott, 87128 2016-29008 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 87049 2016-28923 Western Western Area Power Administration NOTICES Meetings: Proposed 2018 Olmsted Power Marketing Plan, 87035-87036 2016-28976 Separate Parts In This Issue Part II Labor Department, 87130-87243 2016-27737 Part III Interior Department, Fish and Wildlife Service, 87246-87272 2016-28817 Part IV Federal Communications Commission, 87274-87346 2016-28006 Part V Justice Department, 87348-87387 2016-28644 Part VI Presidential Documents, 87389-87394 2016-29169 2016-29165 Part VII Presidential Documents, 87395-87407 2016-29186 2016-29192 2016-29200 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 232 Friday, December 2, 2016 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 890 and 894 RIN 3206-AN34 Federal Employees Health Benefits and Federal Employees Dental and Vision Insurance Programs' Coverage Exception for Children of Same-Sex Domestic Partners AGENCY:

U.S. Office of Personnel Management. ACTION: Interim final rule. SUMMARY: This action amends the rule to create a regulatory exception that allows children of same-sex domestic partners living overseas to maintain their Federal Employees Health Benefits

(FEHB)and Federal Employees Dental and Vision Program (FEDVIP) coverage until September 30, 2018. Due to a recent Supreme Court decision, as of January 1, 2016, coverage of children of same-sex domestic partners under the FEHB Program and FEDVIP will generally only be allowed if the couple is married, as discussed in Benefits Administration Letter

(BAL)15-207 dated October 5, 2015. OPM recognizes there are additional requirements placed on overseas federal employees that may not apply to other civilian employees with duty stations in the United States making it difficult to travel to the United States to marry same-sex partners. DATES: This rule is effective on December 2, 2016. FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Senior Policy Analyst at *Michael.Kaszynski@opm.gov* or

(202)606-0004. You may also submit comments using the Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. SUPPLEMENTARY INFORMATION: I. Background Effective January 1, 2014, the Office of Personnel Management

(OPM)published the “Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program: Expanding Coverage of Children; Federal Flexible Benefits Plan: Pre-Tax Payment of Health Benefits Premiums: Conforming Amendments” final rule (78 FR 64873) to extend FEHB and FEDVIP coverage to children of same-sex domestic partners of Federal employees and annuitants who would marry their partners but live in states that do not allow same-sex couples to marry. As the result of the June 26, 2015, Supreme Court *Obergefell* v. *Hodges* decision, all U.S. states now allow same-sex couples to marry. Accordingly, as of January 2016, coverage of an enrollee's stepchild(ren) is only allowed if the couple is married. II. Discussion of Interim Rule This rule amends §§ 890.302 and 894.101 of title 5, Code of Federal Regulations. The amendments will allow an employing agency to request, and for OPM to grant, a continued coverage exception for children of an employee's same-sex domestic partner living outside the United States. Any coverage under such an exception will not extend beyond September 30, 2018. The OPM recognizes there are additional requirements placed on overseas employees that may not apply to other civilian employees with duty stations in the United States making it difficult to travel to the United States to marry same-sex partners. Therefore, OPM is creating the authority to allow an exception for Federal employees in a domestic partnership and living outside of the United States. If requested by an enrollees' agency, coverage of children of same-sex domestic partners can be continued under self and family or self plus one enrollment in the FEHB and FEDVIP Programs. This continued coverage exception will be available to overseas employees until September 30, 2018. Under Section 553(b) of the Administrative Procedure Act

(APA)(5 U.S.C. 551, *et seq.* ) a general notice of proposed rulemaking is required unless an agency, for good cause, finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest. In addition, the APA exempts interpretative rules from proposed rulemaking procedures. This rule continues benefit eligibility past January 1, 2016, for children of same-sex domestic partners of employees living abroad, which require OPM to amend current regulations in an expeditious manner. Therefore, OPM has concluded that delaying implementation of this rule due to a full notice and public comment period would be impracticable and contrary to the public interest since the time it would have taken to issue proposed and final rules would have significantly delayed the implementation of this important regulatory change. For the foregoing reasons, OPM asserts that good cause exists to implement this rule as an interim rule under the APA, 5 U.S.C. 553(b) and accordingly, adopts this rule on that basis. Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review) 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. This rule is not considered a major rule because OPM estimates there are a relatively small number of overseas enrollments that will be affected. Premium cost increases for this regulatory change will not equal or exceed $100 million. Paperwork Reduction Act This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation.” To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to overseas Federal employees, annuitants and their former spouses who are in same-sex domestic partnerships and are not married. List of Subjects 5 CFR Part 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professions, Hostages, Iraq, Kuwait, Lebanon, Military personnel, Reporting and recordkeeping requirements, Retirement. 5 CFR Part 894 Administrative practice and procedure, Civil rights, Government employees, Individuals with disabilities, Intergovernmental relations. Beth F. Cobert, Acting Director, U.S. Office of Personnel Management. Accordingly, OPM is amending 5 CFR parts 890 and 894 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; Pub. L. 111-148, as amended by Pub. L. 111-152. 2. In § 890.302, revise paragraph (b)(2) to read as follows: § 890.302 Coverage of family members. (b)* * *

(2)*Meaning of stepchild.* Except as provided in paragraph (b)(5) of this section, for purposes of this part, the term “stepchild” refers to the child of an enrollee's spouse or domestic partner and shall continue to refer to such child after the enrollee's divorce from the spouse, termination of the domestic partnership, or death of the spouse or domestic partner, so long as the child continues to live with the enrollee in a regular parent-child relationship. Coverage of children of domestic partners terminates on January 1, 2016, unless an agency requests, and OPM grants, the agency a continued coverage exception for enrollees living overseas. This continued coverage exception will be available to overseas employees and all coverage, under such an exception, will end on September 30, 2018. PART 894—FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM 3. The authority citation for part 894 continues to read as follows: Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; subpart C also issued under sec. 1 of Pub. L. 110-279, 122 Stat. 2604. 4. In § 894.101, the definition of “Stepchild” is revised to read as follows: § 894.101 Definitions. *Stepchild* means:

(1)Except as provided in paragraph (2), the child of an enrollee's spouse or domestic partner and shall continue to refer to such child after the enrollee's divorce from the spouse, termination of the domestic partnership, or death of the spouse or domestic partner, so long as the child continues to live with the enrollee in a regular parent-child relationship.

(2)The child of an enrollee and a domestic partner who otherwise meet the requirements of paragraphs

(1)through

(8)of the definition of *Domestic partnership* in this section, but live in a state that has authorized marriage by same-sex couples prior to the first day of Open Season, shall not be considered a stepchild who is the child of a domestic partner in the following plan year. The determination of whether a state's marriage laws render a child ineligible for coverage as a stepchild who is the child of a domestic partner shall be made once annually, based on the law of the state where the same-sex couple lives on the last day before Open Season begins for enrollment for the following year. A child's eligibility for coverage as a stepchild who is the child of a domestic partner in a particular plan year shall not be affected by a mid-year change to a state's marriage law or by the couple's relocation to a different state. For midyear enrollment changes involving the addition of a new stepchild, as defined by this regulation, outside of Open Season, the determination of whether a state's marriage laws render the child ineligible for coverage shall be made at the time the employee notifies the employing office of his or her desire to cover the child. Coverage of children of domestic partners terminates on January 1, 2016, unless an agency requests, and OPM grants, the agency a continued coverage exception for enrollees living overseas. Continued coverage exceptions will only be granted to children of domestic partners living overseas and all coverage exceptions will end on September 30, 2018. [FR Doc. 2016-28789 Filed 12-1-16; 8:45 am]

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