Unknown. Final rule

3,612 words·~16 min read·/register/2018/07/12/2018-14938

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-2018-07-12.xml --- 83 134 Thursday, July 12, 2018 Contents Agricultural Marketing Agricultural Marketing Service RULES Establishment of Handler Diversions, Reporting Requirements, and New Information Collections: Cranberries Grown in States of Massachusetts, et al., 32193-32198 2018-14939 PROPOSED RULES Promotion, Research, and Information Orders: Reopening and Extension of Comment Period on Amendment to Include Frozen Mangos, 32215 2018-14940 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Animal Welfare, 32260-32261 2018-14945 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 32299 2018-14929 Healthcare Infection Control Practices Advisory Committee, 32299-32300 2018-14930 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicaid Program: Reassignment of Medicaid Provider Claims, 32252-32255 2018-14786 Medicare and Medicaid Programs:

CY 2019 Home Health Prospective Payment System Rate Update and CY 2020 Case-Mix Adjustment Methodology Refinements; etc., 32340-32522 2018-14443 NOTICES Meetings: Washington Medicaid State Plan Amendment; Reconsideration of Disapproval: Hearing, 32300-32301 2018-14876 Coast Guard Coast Guard RULES Safety Zones: Alaska Marine Highway System Port Valdez Ferry Terminal, Port Valdez; Valdez, AK, 32208-32209 2018-14863 Special Local Regulations: Marine City Water Ski Show, St. Clair River, Marine City, MI, 32206-32207 2018-14919 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Subordinated Debt Licensing Requirements, 32335-32337 2018-14941 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32286 2018-14933 Environmental Assessments; Availability, etc.: Hazardous Materials Warehouses and Gas Cylinder Sheds at Naval Station Norfolk and Naval Support Activity Norfolk Naval Shipyard, Virginia, 32286-32287 2018-14926 Upgrade of the Main Gate Access Control Point at Defense Distribution Depot, San Joaquin, CA, and Surrounding Area, 32287 2018-14927 Engineers Engineers Corps PROPOSED RULES Definition of Waters of the United States—Recodification of Preexisting Rule, 32227-32252 2018-14679 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California, Yolo-Solano Air Quality Management District, 32211-32213 2018-14946 Delaware; Interstate Transport Requirements for the 2012 Fine Particulate Matter Standard, 32209-32211 2018-14838 National Emission Standards for Hazardous Air Pollutants: Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills, 32213-32214 2018-15023 PROPOSED RULES Definition of Waters of the United States—Recodification of Preexisting Rule, 32227-32252 2018-14679 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Bell Helicopter Textron Canada Limited Helicopters, 32201-32203 2018-14701 Rolls-Royce Corporation Turboshaft Engines, 32203-32206 2018-14801 The Boeing Company Airplanes, 32198-32201 2018-14702 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 32215-32218 2018-14804 Hoffmann Propeller GmbH and Co. KG Propellers, 32219-32221 2018-14862 NOTICES Petitions for Exemptions; Summaries: 3GLP, Inc. dba Precision Flight Devices, 32334-32335 2018-14913 NextEra Energy, Inc., 32335 2018-14912 Federal Communications Federal Communications Commission PROPOSED RULES New FM Radio Broadcast Class C4 and to Modify the Requirements for Designating Short-Spaced Assignments, 32255-32259 2018-14880 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32287-32289 2018-14858 2018-14860 Meetings: Open Commission, 32289-32290 2018-14861 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32290-32293 2018-14864 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 32293 2018-15024 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 32293 2018-14931 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements:

ReadyTech Corporation, 32293-32295 2018-14865 Food and Drug Food and Drug Administration PROPOSED RULES Food Labeling: Calorie Labeling of Articles of Food Sold from Certain Vending Machines; Front of Package Type Size, 32221-32227 2018-14906 NOTICES Charter Renewals: Advisory Committee; Allergenic Products Advisory Committee, 32310-32311 2018-14942 Advisory Committee; Science Advisory Board to the National Center for Toxicological Research, 32301 2018-14943 Psychopharmacologic Drugs Advisory Committee, 32301-32302 2018-14934 Guidance:

Chemistry, Manufacturing, and Control Information for Human Gene Therapy Investigational New Drug Applications, 32307-32308 2018-14866 Human Gene Therapy for Hemophilia, 32306-32307 2018-14875 Human Gene Therapy for Rare Diseases, 32303-32305 2018-14871 Human Gene Therapy for Retinal Disorders, 32302-32303 2018-14870 Long Term Follow-Up After Administration of Human Gene Therapy Products, 32311-32312 2018-14867 Testing of Retroviral Vector-Based Human Gene Therapy Products for Replication Competent Retrovirus During Product Manufacture and Patient Follow-up, 32309-32310 2018-14868 Withdrawal of Approval of 29 New Drug Applications:

Concordia Pharmaceuticals, Inc., et al., 32305-32306 2018-14935 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: PBR, Inc. d/b/a SKAPS Industries, Foreign-Trade Zone 26, Atlanta, GA, 32262 2018-14928 Forest Forest Service NOTICES New Fee Sites, 32261-32262 2018-14910 2018-14911 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Background Investigations for Child Care Workers, 32296-32297 2018-14882 CDP Supply Chain Climate Change, 32298-32299 2018-14884 Contract Financing Final Payment, 32295 2018-14885 Contractor's Qualifications and Financial Information, 32297-32298 2018-14879 Environmental Conservation, Occupational Safety, and Drug-Free Workplace, 32296 2018-14937 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 Meetings:

Advisory Committee on Heritable Disorders in Newborns and Children, 32312-32313 2018-14908 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Inversions and Related Transactions, 32524-32561 2018-14693 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Activated Carbon from the People's Republic of China, 32269-32270 2018-15014 Certain Steel Nails from the Republic of Korea, 32265-32268 2018-14920 Initiation of Administrative Reviews, 32270-32283 2018-14923 Supercalendered Paper from Canada, 32262-32263, 32268-32269 2018-14921 2018-14922 Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 32263-32265 2018-14924 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Ammonium Nitrate from Ukraine, 32329 2018-14883 Investigations; Determinations, Modifications, and Rulings, etc.: Steel Propane Cylinders from China and Thailand, 32329 2018-14886 Justice Department Justice Department NOTICES Proposed Consent Decrees: Oil Pollution Act, 32329-32330 2018-14907 National Institute National Institutes of Health NOTICES Meetings: National Center for Advancing Translational Sciences, 32313 2018-14873 National Center for Complementary and Integrative Health, 32313 2018-14874 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 32284-32286 2018-14887 2018-14888 2018-14889 Endangered and Threatened Species: Take of Anadromous Fish, 32283-32284 2018-14950 National Park National Park Service NOTICES Inventory Completions: Heard Museum, Phoenix, AZ, 32319-32320 2018-14904 Museum of Ojibwa Culture and Marquette Mission Park, City of St. Ignace, MI, 32322-32323 2018-14900 San Diego Museum of Man, San Diego, CA, 32323-32324 2018-14898 St. Joseph Museums, Inc., St. Joseph, MO, 32316-32317 2018-14901 State Historic Preservation Office, Lansing, MI, 32315-32316 2018-14905 Tongass National Forest, Juneau Ranger District, Juneau, AK, 32317-32318 2018-14903 University of Michigan, Ann Arbor, MI, 32321-32322 2018-14897 University of San Diego, San Diego, CA, 32318-32319 2018-14899 Repatriation of Cultural Items:

Berkshire Museum, Pittsfield, MA, 32314-32315 2018-14896 Grand Canyon National Park, Grand Canyon, AZ, 32320-32321 2018-14902 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 32330-32331 2018-14984 Occupational Safety Health Rev Occupational Safety and Health Review Commission NOTICES Privacy Act; Systems of Records, 32331-32333 2018-14878 Personnel Personnel Management Office RULES Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program:

Expiration of Coverage of Children of Same-Sex Domestic Partners; Federal Flexible Benefits Plan: Pre-Tax Payment of Health Benefits Premiums, 32191-32193 2018-14938 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 32333-32334 2018-14877 Small Business Small Business Administration NOTICES Disaster Declarations: Nebraska, 32334 2018-14932 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Abandoned Mine Land Problem Area Description Form, 32327-32328 2018-14894 General (Procedures and Requirements), 32326 2018-14890 Nomination and Request for Payment Form for OSMRE's National Technical Training Courses, 32328 2018-14895 Petition Process for Designation of Federal Lands as Unsuitable for All or Certain Types of Surface Coal Mining Operations and for Termination of Previous Designations, 32324-32325 2018-14891 Reclamation on Private Lands, 32326-32327 2018-14893 State Regulatory Authority:

Inspection and Enforcement, 32325 2018-14892 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Meetings: Financial Research Advisory Committee, 32337 2018-14949 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Saybolt LP (Nederland, TX), 32313-32314 2018-14918 Veteran Affairs Veterans Affairs Department NOTICES Meetings:

Creating Options for Veterans Expedited Recovery Commission, 32337-32338 2018-14936 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 32340-32522 2018-14443 Part III Treasury Department, Internal Revenue Service, 32524-32561 2018-14693 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. 83 134 Thursday, July 12, 2018 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 890, 892, and 894 RIN 3206-AN34 Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program:

Expiration of Coverage of Children of Same-Sex Domestic Partners; Federal Flexible Benefits Plan: Pre-Tax Payment of Health Benefits Premiums: Conforming Amendments AGENCY: U.S. Office of Personnel Management. ACTION: Final rule. SUMMARY: On October 30, 2013, OPM published final regulations in the **Federal Register** to expand coverage for children of same-sex domestic partners under the Federal Employees Health Benefits

(FEHB)Program and the Federal Employees Dental and Vision Insurance Program (FEDVIP). The regulation allowed children of same-sex domestic partners living in states that did not allow same-sex couples to marry to be covered family members under the FEHB and the FEDVIP. Due to a subsequent Supreme Court decision legalizing same-sex marriage in all states, OPM published an interim final regulation on December 2, 2016, that created a regulatory exception that only allowed children of same-sex domestic partners living overseas to maintain their FEHB and FEDVIP coverage until September 30, 2018. OPM recognized that there were additional requirements placed on overseas federal employees that did not apply to other civilian employees with duty stations in the United States making it difficult to travel to the United States to marry their same-sex partners. Understanding that we have provided agencies with additional time for compliance given that overseas federal employees may not have been able to marry immediately following the Supreme Court decision, OPM is issuing a final rule removing references to domestic partners and domestic partnerships from the regulations. Based on the Supreme Court decision and the two additional year's lead time for domestic partners overseas to marry, the current language in the CFR is not needed and may be somewhat confusing. There is no change in coverage for children whose same-sex partners are married. DATES: This rule is effective on September 30, 2018. FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Senior Policy Analyst, at *Michael.Kaszynski@opm.gov* or

(202)606-0004. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The Federal Employees Health Benefits

(FEHB)Program is administered by the Office of Personnel Management

(OPM)in accordance with Title 5, Chapter 89 United States Code and our implementing regulations (title 5, parts 890, 892, 894 and title 48, chapter 16). The statute establishes the basic rules for benefits, enrollment, and participation in the Federal insurance programs. Background The Federal Employees Health Benefits

(FEHB)Program provides health insurance to about 8.2 million Federal employees, retirees, and their dependents each year. It is the largest employer-sponsored health insurance program in the country providing more than $53 billion in health care benefits annually. Coverage options available to eligible individuals include self only, self plus one or self and family coverage in an approved health benefits plan. Eligible family members include the spouse of an employee or annuitant and a child under 26 years of age, including adopted children, stepchildren or foster children or a child regardless of age who is incapable of self-support because of mental or physical disability which existed before age 26. 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 did 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. OPM also published an interim final regulation (81 FR 86905) on December 2, 2016. The rule amended §§ 890.302 and 894.101 of title 5, Code of Federal Regulations. The amendments 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 recognized there were additional requirements placed on overseas employees (as compared to 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 created the authority to allow an exception for children of Federal employees in a domestic partnership and living outside of the United States. If requested by an enrollee's 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 regulation removes this continued coverage exception which expires for overseas employees on September 30, 2018. Comments Received on the Interim Rule We received five comments on the Interim rule. All commenters were in support of the rule. No commenters recommended changes to the rule. Therefore, no changes have been made to this Final rule based on the comments received. Expected Impact of Changes This rule eliminates all regulatory language in FEHB, FEDVIP and FedFlex that authorizes coverage for children of same-sex domestic partners, effective September 30, 2018. This rule amends the regulations to remove the language that authorizes coverage of children of same-sex domestic partners since all enrollees now have the right to marry in the United States. The regulatory language that authorized coverage for children of same-sex domestic partners overseas is also being removed from the regulation effective September 30, 2018. There is no change to the population of children who have access to coverage based on this rule. Executive Order 13563 and 12866 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 not 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. With this rule there is no change to an existing OMB approved collection of information subject to the PRA—OMB No. 3206-0160, Health Benefits Election Form. The system 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.* Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. List of Subjects 5 CFR Part 890 Administration and general provisions, Administrative practice and procedure, Administrative sanctions imposed against health care providers, Benefits for former spouses, Benefits for United States hostages in Iraq and Kuwait and United States hostages captured in Lebanon, Benefits in medically underserved areas, Contributions and withholdings, Department of Defense Federal Employees Health Benefits Program demonstration project, Employee benefit plans, Enrollment, Government employees, Health benefits plans, Limit on inpatient hospital charges, physician charges, and FEHB benefit payments, Reporting and recordkeeping requirements, Retirement, Temporary continuation of coverage, Temporary extension of coverage and conversion, Transfers from retired FEHB Program. 5 CFR Part 892 Administrative practice and procedure, Government employees' health insurance, Pre-tax payment of health benefits premiums, Taxes, Wages. 5 CFR Part 894 Administrative practice and procedure, Government employees, Health insurance, Taxes, Wages. 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. In § 890.302, revise paragraphs (a)(2)(iii) and (b)(2) and remove paragraphs (b)(3) through

(7)to read as follows: § 890.302 Coverage of family members.

(a)* * *

(2)* * *

(iii)Children are entitled to receive benefits under only one enrollment regardless of whether the children qualify as family members under the enrollment of both parents or of a parent and a stepparent and regardless of whether the parents are married, unmarried, divorced, or legally separated. To ensure that no person receives benefits under more than one enrollment, each enrollee must promptly notify the insurance carrier as to which family members will be covered under his or her enrollment. These individuals are not covered under the other enrollment.

(b)* * *

(2)For purposes of this part, the term “stepchild” refers to the child of an enrollee's spouse and shall continue to refer to such child after the enrollee's divorce from the spouse or death of the spouse, so long as the child continues to live with the enrollee in a regular parent-child relationship. PART 892—FEDERAL FLEXIBLE BENEFITS PLAN: PRE-TAX PAYMENT OF HEALTH BENEFITS PREMIUMS 3. The authority citation for part 892 continues to read as follows: Authority: 5 U.S.C. 8913; 5 U.S.C. 1103(a)(7); 26 U.S.C. 125. 4. In § 892.101, the definition of a “Qualifying life event” is amended by revising the introductory text to read as follows: § 892.101 Definitions. *Qualifying life

(QLE)event* means an event that may permit changes to your FEHB enrollment as well as changes to your premium conversion election as described in Treasury regulations at 26 CFR 1.125-4. Such events include the following: 5. Section 892.102 is revised to read as follows: § 892.102 What is premium conversion and how does it work? Premium conversion is a method of reducing your taxable income by the amount of your contribution to your FEHB insurance premium. If you are a participant in the premium conversion plan, Section 125 of the Internal Revenue Code allows you to reduce your salary (through an employer allotment) and provide that portion of your salary back to your employer. Instead of being paid to you as taxable income, this allotted amount is used to purchase your FEHB insurance for you. The effect is that your taxable income is reduced. Because taxable income is reduced, the amount of tax you pay is reduced. You save on Federal income tax, Social Security and Medicare tax and in most States and localities, State and local income taxes. PART 894—FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM 6. 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 section 1 of Pub. L. 110-279, 122 Stat. 2604. 7. In § 894.101, the definitions for “Domestic partner” and “Domestic partnership” are removed and the definition for “Stepchild” is revised to read as follows: § 894.101 Definitions. *Stepchild* means your spouse's child born within or outside marriage or his or her adopted child. The child of your spouse shall continue to be considered your stepchild after your divorce from your spouse or the death of your spouse so long as the child continues to live with you in a regular parent-child relationship. 8. In § 894.403, paragraph

(a)is revised to read as follows: § 894.403 Are FEDVIP premiums paid on a pre-tax basis?

(a)Your FEDVIP premiums are paid on a pre-tax basis (called premium conversion) if you are an active employee, your salary is sufficient to make the premium allotments, and your agency will be able to make pre-tax allotments. [FR Doc. 2018-14938 Filed 7-11-18; 8:45 am]

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