Unknown. Final rule

4,613 words·~21 min read·/register/2018/04/27/2018-08933·

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-2018-04-27.xml --- 83 82 Friday, April 27, 2018 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Cranberries Grown in States of Massachusetts, et al.: Establishment of 2018-19 Seasonal Volume Regulation, 18462-18468 2018-08528 Cranberries Grown in States of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in State of New York:

Marketing Order; Proposed Amendment, 18460-18462 2018-08526 Agriculture Agriculture Department See Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18501 2018-08927 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2020 Census New Construction Program, 18502-18504 2018-08964 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Vessel Sanitation Program, 18567 2018-08869 Vessel Sanitation Program Operations Manual; Vessel Sanitation Program Construction Guidelines, 18567-18568 2018-08870 Centers Medicare Centers for Medicare & Medicaid Services RULES Managed Care; CFR Correction, 18441 2018-09060 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18568-18569 2018-08893 Civil Rights Civil Rights Commission NOTICES Meetings: Nevada State Advisory Committee, 18502 2018-08954 Ohio Advisory Committee, 18501-18502 2018-08953 Coast Guard Coast Guard RULES Anchorage Grounds:

Galveston Harbor, Bolivar Roads Channel, Galveston, TX, 18412-18414 2018-08873 Drawbridge Operations: Atlantic Intracoastal Waterway, Boca Raton, FL, 18415 2018-08867 St. Johns River, Putnam County, FL, 18414-18415 2018-08866 Safety Zones: Recurring Safety Zones in Captain of the Port Sault Sainte Marie Zone, 18415-18419 2018-08840 PROPOSED RULES Anchorages: Captain of the Port Puget Sound Zone, WA; Withdrawal, 18491 2018-08871 NOTICES Certificate of Alternative Compliance for Gunderson Marine LLC Hull 116, 18580 2018-08905 Certificates of Alternative Compliance:

Gunderson Marine LLC Hull 117, 18580-18581 2018-08904 Commerce Commerce Department See Census Bureau See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 18540-18541 2018-08946 2018-08947 Consumer Product Consumer Product Safety Commission NOTICES Meetings:

Prehearing Conference, 18541 2018-08841 Meetings; Sunshine Act, 18541 2018-09007 Defense Acquisition Defense Acquisition Regulations System RULES Foreign Acquisition; Solicitation Provisions and Contract Clauses; CFR Correction, 18454 2018-09059 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Progress Payments, 18566-18567 2018-08894 Education Department Education Department RULES Definitions and Selection Criteria that Apply to Direct Grant Programs, 18419-18421 2018-08965 NOTICES Privacy Act;

Systems of Records, 18544-18547 2018-08962 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Exclusive Patent License Approvals: 4D Tech Solutions, Inc., Morgantown, WV, 18542 2018-08898 Meetings: Inland Waterways Users Board, 18542-18543 2018-08897 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Control of Air Pollution from Visible Emissions and Particulate Matter, 18429-18431 2018-08662 Control of Emissions From New and In-Use Highway Vehicles and Engines;

CFR Correction, 18436 2018-09058 Guidance: Protection of Stratospheric Ozone; Stakeholder Meeting Concerning Significant New Alternatives Policy Program, 18431-18436 2018-08310 Incorporation by Reference of State Hazardous Waste Management Program: New York, 18436-18441 2018-08431 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Montana; Revisions to Prevention of Significant Deterioration Permitting Rules, 18494-18496 2018-08624 South Dakota;

Revisions to the Permitting Rules, 18496-18499 2018-08676 Texas; Control of Air Pollution from Visible Emissions and Particulate Matter, 18499 2018-08661 Incorporation by Reference of State Hazardous Waste Management Program: New York, 18499-18500 2018-08429 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18553-18554 2018-08975 National Volatile Organic Compound Emission Standards for Architectural Coatings (Renewal), 18555-18556 2018-08934 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Mobile Air Conditioner Retrofitting Program, 18557-18558 2018-08973 Environmental Assessments; Availability, etc.: Water Infrastructure Finance and Innovation Act, 18556-18557 2018-08865 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 18554-18555 2018-08864 Guidance: Planning for Natural Disaster Debris and Related Guidance, 18558-18560 2018-08969 Meetings: Toxic Substances Control Act Alternative Testing Methods Draft Strategic Plan, 18556 2018-08974 National Pollutant Discharge Elimination System General Permits:

Hydroelectric Facilities within State of Idaho, 18555 2018-08968 Federal Aviation Federal Aviation Administration RULES IFR Altitudes; Miscellaneous Amendments, 18401-18409 2018-08837 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 18483-18488 2018-08649 2018-08653 Fokker Services B.V. Airplanes, 18488-18490 2018-08650 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aircraft Noise Complaint and Inquiry System (FAA Noise Portal), 18620-18621 2018-08963 Renewal, Rotorcraft External Load Operator Certificate Application, 18621-18622 2018-08966 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18591 2018-08882 Federal Communications Federal Communications Commission RULES Auction of FM Translator Construction Permits: Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 83, 18441-18454 2018-08635 Connect America Fund, ETC Annual Reports and Certifications, Rural Broadband Experiments, 18454 2018-08887 NOTICES Pleading Cycle Established for Comment on Applications for State Certification for Provision of Telecommunications Relay Service, 18560 2018-08958 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18560-18562 2018-08932 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 18547-18549, 18551-18552 2018-08832 2018-08833 2018-08859 2018-08860 Complaints: CITGO Petroleum Corp. v. Colonial Pipeline Co., 18547-18548 2018-08862 Consumers Energy Co., Interstate Power and Light Co., Midwest Municipal Transmission Group,Missouri River Energy Services, Southern Minnesota Municipal Power Agency, WPPI Energy v. International Transmission Co., ITC Midwest, LLC, Michigan Electric Transmission Co., 18552 2018-08861 Environmental Assessments;

Availability, etc.: Sabine Pass LNG, L.P.; Sabine Pass Liquefied Natural Gas Third Berth Expansion Project, 18549-18551 2018-08835 Filings: Reliability Standard for Transmission System Planned Performance for Geomagnetic Disturbance Events, 18551 2018-08836 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: NS Power Energy Marketing Inc., 18552-18553 2018-08834 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medical Qualification Requirements, 18640-18643 2018-08919 Qualification of Drivers; Exemption Applications: Diabetes, 18638-18640, 18643-18644, 18647-18648 2018-08910 2018-08916 2018-08920 Diabetes Mellitus, 18626-18634, 18636-18638 2018-08909 2018-08912 2018-08914 2018-08922 2018-08923 Epilepsy and Seizure Disorders, 18624-18626 2018-08917 Hearing, 18623-18624 2018-08908 Vision, 18622-18623, 18634-18635, 18644-18649 2018-08911 2018-08913 2018-08915 2018-08924 Federal Railroad Federal Railroad Administration RULES Training, Qualification, and Oversight for Safety-Related Railroad Employees, 18455-18459 2018-08941 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18562-18565 2018-08838 2018-08839 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 18565-18566 2018-08950 Fish Fish and Wildlife Service RULES Endangered and Threatened Species: Removing Textual Descriptions of Critical Habitat Boundaries for Mammals, Birds, Amphibians, Fishes, Clams, Snails, Arachnids, Crustaceans, and Insects, 18698-18726 2018-07606 NOTICES Incidental Take Permits; Applications: American Burying-Beetle Amended Oil and Gas Industry Conservation Plan in Oklahoma, 18588-18589 2018-08955 Food and Drug Food and Drug Administration NOTICES Guidance:

Clinical Trial Imaging Endpoint Process Standards, 18571-18573 2018-08903 Index of Legally Marketed Unapproved New Animal Drugs for Minor Species, 18569-18570 2018-08926 Multiple Function Device Products: Policy and Considerations, 18570-18571 2018-08858 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Progress Payments, 18566-18567 2018-08894 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 Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Partner Surveys to Implement Executive Order 12862 in Health Resources and Services Administration, 18574 2018-08949 Meetings: Advisory Committee on Heritable Disorders in Newborns and Children, 18573 2018-08853 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Human Trafficking Housing Partnership, 18584-18585 2018-08976 Indian Community Development Block Grant, 18585-18586 2018-08972 Manufactured Housing Installation Program Reporting Requirements, 18586-18587 2018-08970 Single Family Premium Collection Subsystem—Periodic, 18587 2018-08967 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

State Program Reporting System Forms, 18597-18598 2018-08936 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 18587-18588 2018-09063 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International Trade Com International Trade Commission NOTICES Complaints: Certain Submarine Telecommunication Systems and Components Thereof, 18590-18591 2018-08857 Investigations; Determinations, Modifications, and Rulings, etc.:

Laminated Woven Sacks from Vietnam, 18589-18590 2018-08856 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18591-18592 2018-08876 Proposed Consent Decrees: Clean Air Act, 18592 2018-08944 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Labor Statistics Occupational Safety and Health Statistics Cooperative Agreement Application Package, 18592-18593 2018-08896 Coverage of Certain Preventive Services under Affordable Care Act—Private Sector, 18595-18596 2018-08890 Labor Market Information Cooperative Agreement, 18594-18595 2018-08885 Servicing Multi-Piece and Single Piece Rim Wheels Standard, 18593-18594 2018-08884 Survey of Occupational Injuries and Illnesses, 18596-18597 2018-08895 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Progress Payments, 18566-18567 2018-08894 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Highway National Highway Traffic Safety Administration NOTICES Requests for Information: Improving Prehospital Trauma Care, 18649-18651 2018-08504 National Institute National Institute of Standards and Technology NOTICES National Cybersecurity Center of Excellence Data Integrity Building Block, 18504-18506 2018-08829 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: CTEP Branch and Support Contracts Forms and Surveys, 18576-18579 2018-08902 Data and Specimen Hub, 18575-18576 2018-08901 Meetings: Center for Scientific Review, 18579-18580 2018-08842 2018-08843 Diabetes Mellitus Interagency Coordinating Committee, 18574-18575 2018-08900 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18533-18534, 18536-18537 2018-08937 2018-08938 2018-08939 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Pacific Islands Logbook Family of Forms, 18534-18535 2018-08940 Environmental Impact Statements; Availability, etc.: Marine Mammal Health and Stranding Response Program, 18507 2018-08892 Meetings: Gulf of Mexico Fishery Management Council, 18535 2018-08925 National Sea Grant Advisory Board, 18506-18507 2018-08931 New England Fishery Management Council, 18533-18536 2018-08928 2018-08929 Science Advisory Board, 18536 2018-08930 Takes of Marine Mammals Incidental to Specified Activities:

Low-Energy Geophysical Survey in Northwest Atlantic Ocean, 18664-18695 2018-08891 South Basin Improvements Project, San Francisco Ferry Terminal, 18507-18533 2018-08888 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18598-18600 2018-08863 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Point Mugu Sea Range, 18543-18544 2018-08881 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Medal of Technology and Innovation Nomination Application, 18537 2018-08952 Post Registration (Trademark Processing), 18537-18539 2018-08738 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program Flexibilities, 18399-18401 2018-08933 Postal Regulatory Postal Regulatory Commission RULES Update to Product List, 18422-18429 2018-08845 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Pure Water San Diego Program, North City Project; San Diego County, CA, 18589 2018-08942 Securities Securities and Exchange Commission NOTICES Applications: Swiss Helvetia Fund, Inc., et al., 18602 2018-08846 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 18605-18614 2018-08848 2018-08851 MIAX PEARL, LLC, 18614-18616 2018-08850 Nasdaq Stock Market, LLC, 18600-18601 2018-08849 NYSE Arca, Inc., 18603-18605 2018-08852 Small Business Small Business Administration PROPOSED RULES Small Business Size Standards:

Revised Size Standards Methodology, 18468-18483 2018-08418 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18616-18617 2018-08907 Delegation of Authority: Chief Operating Officer Functions Delegated to Chief of Staff, 18617 2018-08978 State Department State Department NOTICES Meetings: Advisory Committee on International Economic Policy, 18618 2018-08918 Preparation for Forty-Second Session of International Maritime Organization's Facilitation Committee, 18617 2018-08880 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Alabama Regulatory Program, 18409-18412 2018-08935 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions:

Kasgro Rail Corp.; KJ Rail Logistics LLC, 18618 2018-08945 Trade Representative Trade Representative, Office of United States NOTICES Country Practice Reviews: India, Indonesia, and Kazakhstan, 18618-18620 2018-08868 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration NOTICES Funding Availability: National Infrastructure Investments under the Consolidated Appropriations Act, 2018, 18651-18661 2018-08906 U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nonimmigrant Petition Based on Blanket L Petition, 18582-18583 2018-08874 Request for Reduced Fee, 18583-18584 2018-08872 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certificate of Origin, 18582 2018-08879 Free Trade Agreements, 18581-18582 2018-08878 Veteran Affairs Veterans Affairs Department RULES Eligibility for Supplemental Service-Disabled Veterans' Insurance, 18421-18422 2018-08854 PROPOSED RULES Veterans' Group Life Insurance Increased Coverage, 18491-18494 2018-08855 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 18664-18695 2018-08891 Part III Interior Department, Fish and Wildlife Service, 18698-18726 2018-07606 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. 83 82 Friday, April 27, 2018 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN 3206-AN54 Federal Employees Health Benefits Program Flexibilities AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY:

To correct an asymmetry in the insurance market for Federal employees and annuitants, this Final regulation provides all Federal Employees Health Benefits

(FEHB)Program carriers the ability to offer the same number and types of plan options. Currently, OPM regulations defining minimum standards for health benefits plans allow certain plans to have two options and a high deductible health plan, while other plans may have three options of any type or two options and a high deductible health plan, creating an asymmetry between the potential offerings of health benefits plans. We have revised the regulations so all health benefits plans are able to offer three options or two options and a high deductible health plan. This final rule will give FEHB enrollees more choices in selecting a health plan that best meets their family's health care needs. DATES: This rule is effective April 27, 2018. FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Senior Policy Analyst, at *Michael.Kaszynski@opm.gov* or

(202)606-0004. SUPPLEMENTARY INFORMATION: To correct an asymmetry in the insurance market for Federal employees and annuitants, this Final regulation provides all Federal Employees Health Benefits

(FEHB)Program carriers the ability to offer the same number and types of plan options. Currently, OPM regulations at 5 CFR 890.201 on minimum standards for health benefits plans allow plan types under 5 U.S.C. 8903(1) and

(2)to have two options and a high deductible health plan, but plan types under 5 U.S.C. 8903(3) and

(4)may have three options or two options and a high deductible health plan, creating an asymmetry between the potential offerings of types of health benefits plans. We have revised the regulations so all health benefits plans under 5 U.S.C. 8903 have the language that includes three options or two options and a high deductible health plan. This will give enrollees additional options when considering which health plan is best suited for them, for example, using a variety of variables such as premium, co-pay, and deductible costs, provider networks, and referral and pre-authorization policies. Since all health plans must compete annually for enrollees, the availability of additional options could create an incentive for plans to keep premiums as low as possible to attract enrollees. This regulation fully aligns with the Administration's goal of promoting quality and affordable health plan choices. Response to Comments On December 19, 2017, OPM published this as a proposed rule in the **Federal Register** (82 FR 60126) and the 60 day comment period ended on February 20, 2018. OPM received comments from a citizen, several FEHB carriers, and a bankers' association. All the commenters were supportive of the regulation's goal to increase choice, competition and affordability. One FEHB carrier, the citizen and the bankers' association expressed agreement with the proposed regulatory change, while all commenting carriers supported OPM's stated purpose. However, some of the commenting carriers expressed the concern that the proposed adjustment to section § 890.201 will not increase competition in the FEHB Program because the regulatory change only affects the offerings of the Service Benefit Plan

(SBP)carrier [since there is no current carrier contracted to offer the Indemnity Benefit Plan (IBP)]. The carriers noted that the Service Benefit Plan currently provides health insurance coverage to a significant portion of FEHB enrollees, dominating the FEHB insurance market. Two of the carriers proposed alternate statutory and regulatory changes to increase competition in the Program. OPM understands the concerns expressed by these FEHB carriers and appreciates the alternate proposals to increase competition, some of which would require legislative action to implement. However, OPM declines to adjust the proposed regulatory language based on these comments. OPM's primary objective for the FEHB Program, as detailed in the agency's strategic plan, is to enhance the quality and affordability of FEHB insurance offerings. In order to achieve that objective, this regulation's goal is to allow increased competition among FEHB Program plans. OPM considers a competitive environment as one in which all carriers conduct business under the same set of rules, meaning no carrier has the advantage of offering products that another carrier cannot. While plan benefits vary, OPM wants all carriers to be able to offer the same number and types of plan options. Carriers in the FEHB Program compete on price, quality, providers, and coverage levels. All carriers have the ability to adjust their premiums, focus on quality, recruit providers and promote their brand to compete with the largest insurer in the FEHB Program. That some carriers attract more enrollment than others is not evidence of an anti-competitive environment. The new option now available to be offered by the Service Benefit Plan may encourage carriers to make changes to their existing third products or add a new third product, creating more competition in the Program. Several carriers also asserted that the proposed rule exceeds OPM's authority under the FEHB Act and recommended that OPM withdraw the proposed rule. OPM declines to withdraw the proposed rule on this basis. OPM asserts that the statute allows both the SBP and the IBP to have more than two options of benefits. The legislative history of the FEHB Act (FEHBA) supports this conclusion. In designing the FEHB Program, Congress intended for employees to have free choice among health benefits plans in four major categories and the legislative history notes that the SBP and the IBP would each include “at least” two levels of benefits; H.R. Rep. No. 957, 86th Cong., 1st Sess. 1959, 1959 U.S.C.C.A.N. 2913, 2915; 1959 WL 3975. OPM's interpretation of the FEHBA allows for carriers to have no fewer than two options, and supports the Agency's position on competition, quality and affordability in the FEHB Program. The precedent for adding additional options to the SBP was set in 2010 at 75 FR 76615. Additional innovative options can help the government compete with private employers for talented employees. FEHBA was enacted in 1959 with the recognition that competition was essential to maintain good benefits at low cost. Congress, however, did not seek to burden the Government with the administrative complexities of doing business with a large number of carriers throughout the nation competing for Federal enrollees. Recognizing that unrestricted competition could make the program administratively unwieldy and ineffective, competition was contemplated as occurring between and among the industry groups offering the various plan types. See testimony from the hearing before the House Committee on Post Office and Civil Service (Testimony) at 89-93; S Rept 498, 86th Cong 1st Sess 1959 at 8-9. In considering the plan descriptions and types, it was clear that Congress valued and anticipated evolution in the health benefits services industry and intentionally left certain aspects of the law vague in order for the carriers and/or the Civil Service Commission

(CSC)to apply discretion. Indeed, the Senate Report identifies, in its prefatory discussion of governing principles related to the Government as an employer, that the Federal Government has an opportunity to “influence soundly the development of health services and ways of financing their costs, and that all responsible and promising efforts should be encouraged and not arbitrarily limited to any single approach. Reasonable competition among different types of programs will provide Federal employees with a better program.” It appears clear from the legislative history of the FEHB Program that Congress intended the CSC and its successor OPM to reasonably interpret the law in a way that supports and encourages competition among the different categories of plans. Where the law as it presently reads, refers to “at least” in other places, it does so in an unrelated context, not necessarily related to OPM's discretion in establishing competition. Where the law does not speak to the number of levels or options, it is implicit that OPM has authority to restrict or encourage a carrier's addition of options in those plans. The need for a baseline of at least two options was intended to ensure sufficient choice to serve enrollees, given that the purpose of the law was to recruit and retain employees by establishing a program with a variety of offerings consisting of good coverage at low cost. The notion that OPM may in some way be constrained by language that does not expressly preclude more than two levels, mandating the agency to fail or refuse to modernize its thinking or react responsively to change engendered by transformations in the marketplace and in the arena of FEHB competition, is antithetical to the foundational premise of the program. Given the ongoing evolution of competition in the health care industry, OPM has now taken the view that the statute need not be read to require exactly two levels for SBP and IBP. We believe that so long as there are “at least” two levels of benefits, permitting additional levels of benefits does not contravene the statute; the goal of ensuring adequate competition while avoiding undue administrative complexity is satisfied. Carriers noted in their comments that OPM has asserted in the past that the SBP and the IBP are limited to offering only 2 options. While this may be relevant historical context, the current regulation allows both the SBP and the IBP to have 3 options, though one must be a high deductible health plan (HDHP). In other words, under the current regulation the SBP and the IBP are able to offer more than two levels of benefits. This regulation merely broadens carriers' ability to offer competitive options beyond HDHPs. Therefore, no changes have been made to the regulation based on these comments. Expected Impact of Final Changes The FEHB Program currently contracts with 83 health plan carriers which offer a total of 262 health plan options. These changes are projected to create two additional plan options in the FEHB Program. OPM expects that this regulatory change allowing an increase in the number of plan options will have a positive effect on the market dynamics in the FEHB Program by potentially increasing competition between health plans. This regulatory change will allow health plans under 5 U.S.C. 8903(1) and

(2)to offer a greater variety of lower cost, higher quality options to better serve FEHB Program enrollee interests. OPM will ensure that any new options are distinct and meet enrollee interests and that enrollees have access to adequate information to understand the available plan options. Executive Order Requirements Executive Orders 13563 and 12866 direct 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). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a “significant regulatory action,” under Executive Order 12866. Paperwork Reduction Act Requirements Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget

(OMB)Control Number. This rule involves an OMB approved collection of information subject to the PRA—OMB No. 3206-0160, Health Benefits Election Form. The public reporting burden for this collection is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The total burden hour estimate for this form is 9,000 hours. The systems of record notice for this collection is: OPM/Central 1 Civil Service Retirement and Insurance Records, available at *https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf.* The FEHB Program currently has a total of 262 health plan options for employees to choose from for their health benefits coverage. Historically, about 18,000 FEHB participants switch health care plans in any given year. This regulation has the potential to add two new enrollment codes representing new plan options and is not anticipated to significantly change the burden associated with this collection. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to *formsmanager@opm.gov.* Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. E.O. 13771: Reducing Regulation and Controlling Regulatory Costs This Final rule is expected to be an E.O. 13771 deregulatory action as it addresses an asymmetry in the Federal Employees Health Benefits

(FEHB)Program market by allowing all carriers to offer three plan options. Additional information can be found in the “Expected Impact of Final Changes” section of the rule. 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. Jeff T.H. Pon, 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; Pub. L. 111-148, as amended by Pub. L. 111-152. 2. Amend § 890.201 by revising paragraph (b)(3)(i) and removing and reserving paragraph (b)(3)(ii). The revision reads as follows: § 890.201 Minimum standards for health benefits plans.

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

(3)or (4). [FR Doc. 2018-08933 Filed 4-26-18; 8:45 am]

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