Unknown. Final rule

5,746 words·~26 min read·/register/2021/04/02/2021-05624·

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-2021-04-02.xml --- 86 62 Friday, April 2, 2021 Contents Editorial Note: Administrative Order, (Continuation of the National Emergency With Respect to South Sudan) at 86 FR 16665 was published in the printed version of the **Federal Register** for Tuesday, March 30, 2021, but was inadvertently omitted from the Table of Contents of the **Federal Register.** Agricultural Marketing Agricultural Marketing Service NOTICES Request for Nominations:

National Organic Standards Board, 17349 2021-06761 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Adjustment to Fiscal Year 2021 Specialty Sugar Tariff-Rate Quota Tranche Opening Date, 17350 2021-06809 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17350 2021-06763 Army Army Department NOTICES Intended Disinterment, 17373 2021-06784 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Small Business Pulse Survey, 17353-17354 2021-06803 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17392-17393 2021-06873 Civil Rights Civil Rights Commission NOTICES Meetings: Michigan Advisory Committee, 17353 2021-06792 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 17371-17373 2021-06815 2021-06816 Commodity Credit Commodity Credit Corporation NOTICES Representation for Loans and Authorization to File a Financing Statement, 17350-17351 2021-06825 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of $250 Billion or More under the Dodd-Frank Wall Street Reform and Consumer Protection Act, 17454-17455 2021-06821 Consumer Product Consumer Product Safety Commission RULES Safety Standard for High Chairs, 2021-06419 Defense Department Defense Department See Army Department Drug Drug Enforcement Administration NOTICES Decision and Order:

Brenton D. Goodman, MD, 17403-17406 2021-06801 Kendrick E. Duldulao, MD, 17406-17407 2021-06799 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gaining Early Awareness and Readiness for Undergraduate Programs Match Waiver Request Form, 17373-17374 2021-06935 Employment and Training Employment and Training Administration PROPOSED RULES Request for Information: Data Sources and Methods for Determining Prevailing Wage Levels for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States, 17343-17346 2021-06889 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Acid Rain Program, 17381-17382 2021-06864 Cancellation Order for Certain Pesticide Registration and Amendments to Terminate Uses, 17382-17385 2021-06851 Environmental Impact Statements; Availability, etc., 17381 2021-06822 Product Cancellation Order for Certain Pesticide Registrations, 17380-17381, 17385-17389 2021-06808 2021-06845 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Coronavirus Food Assistance Program, 17351-17352 2021-06830 Representation for Loans and Authorization to File a Financing Statement, 17350-17351 2021-06825 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Helicopters, 2021-06772 2021-06780 2021-06783 Airbus Helicopters Deutschland GmbH Helicopters, 2021-06771 Leonardo S.p.a. (Type Certificate Previously Held by Agusta S.p.A.) Helicopters, 2021-06773 Pratt & Whitney Division Turbofan Engines, 2021-06804 Sikorsky Aircraft and Sikorsky Aircraft Corporation Helicopters, 2021-06779 PROPOSED RULES Airspace Designations and Reporting Points:

Fort Lauderdale, FL, 17333-17342 2021-06805 Airworthiness Directives: Airbus Helicopters Deutschland GmbH, 17329-17330 2021-06768 Airbus Helicopters Deutschland GmbH

(AHD)Helicopters, 17322-17324 2021-06778 Airbus Helicopters Deutschland GmbH Helicopters, 17330-17332 2021-06767 Rolls-Royce Deutschland Ltd & Co KG (Type Certificate Previously Held by Rolls-Royce Deutschland GmbH, Formerly BMW Rolls-Royce GmbH) Turbofan Engines, 17326-17329 2021-06800 The Boeing Company Airplanes, 17324-17326 2021-06726 Federal Communications Federal Communications Commission RULES Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 2021-06868 PROPOSED RULES Television Broadcasting Services: Green Bay, WI; Correction, 17348 2021-06854 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17389-17391 2021-06860 Privacy Act; Matching Program, 17391 2021-06866 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Petition for Rulemaking of Center for Biological Diversity, 17342-17343 2021-06624 NOTICES Combined Filings, 17375-17380 2021-06817 2021-06818 2021-06819 Request under Blanket Authorization: Columbia Gas Transmission, LLC, 17374-17375 2021-06848 Stingray Pipeline Co., LLC, 17377-17378 2021-06847 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in California, 17451-17453 2021-06856 2021-06857 2021-06858 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 17392 2021-06957 Federal Motor Federal Motor Carrier Safety Administration RULES Administrative Rulemaking, Guidance, and Enforcement Procedures, 2021-06416 Federal Transit Federal Transit Administration RULES Administrative Rulemaking, Guidance, and Enforcement Procedures, 2021-06416 Forest Forest Service RULES Community Forest Program, 2021-06757 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health Homeland Homeland Security Department RULES Acquisition Regulation: Administrative Matters, 2021-06176 Housing Housing and Urban Development Department PROPOSED RULES Verification of Eligible Status; Withdrawal, 17346-17347 2021-06758 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CARES Act Quarterly Reporting, 17394-17395 2021-06850 Research, Evaluation, and Demonstration Cooperative Agreements, 17395-17396 2021-06794 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Law and Order on Indian Reservations; Marriage and Dissolution Applications, 17396-17397 2021-06793 Interior Interior Department See Indian Affairs Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Aluminum Foil from the People's Republic of China, 17358-17360 2021-06840 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 17356-17358 2021-06786 Pure Magnesium from the People's Republic of China, 17360-17362 2021-06824 Welded Line Pipe from the Republic of Turkey, 17363-17364 2021-06841 Determination in the Less-Than-Fair-Value Investigation: Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam, 17362-17363 2021-06843 Determination of Sales at Less Than Fair Value: Utility Scale Wind Towers from Spain, 17354-17356 2021-06869 Meetings: Advisory Committee on Supply Chain Competitiveness, 17363 2021-06814 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Smart Thermostat Systems, Smart HVAC Systems, Smart HVAC Control Systems, And Components Thereof, 17402-17403 2021-06846 Diamond Sawblades and Parts Thereof from China, 17402 2021-06852 Fresh, Chilled, or Frozen Blueberries, 17401-17402 2021-06756 Polyvinyl Alcohol from China and Japan, 17402 2021-06781 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decree: CERCLA, 17407-17408 2021-06872 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Workers Compensation Programs Office National Highway National Highway Traffic Safety Administration RULES Administrative Rulemaking, Guidance, and Enforcement Procedures, 2021-06416 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 17393 2021-06828 National Institute on Aging, 17393 2021-06826 National Institute on Alcohol Abuse and Alcoholism, 17394 2021-06827 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery of the South Atlantic Region; Regulatory Amendment 34, 2021-06606 Fisheries of the Exclusive Economic Zone off Alaska: Pollock in the West Yakutat District in the Gulf of Alaska, 2021-06849 Takes of Marine Mammals: Hampton Roads Bridge Tunnel Expansion Project in Norfolk, VA, 17458-17492 2021-06132 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: An Observer Program for At-Sea Processing Vessels in the Pacific Coast Groundfish Fishery, 17369 2021-06802 Meetings: Caribbean Fishery Management Council, 17366 2021-06835 Fisheries of the Gulf of Mexico and Atlantic; Southeast Data, Assessment, and Review, 17365-17366 2021-06831 Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 17367 2021-06832 Mid-Atlantic Fishery Management Council, 17368-17369 2021-06836 North Pacific Fishery Management Council, 17366-17367, 17369-17370 2021-06833 2021-06838 Sanctuary System Business Advisory Council, 17364-17365 2021-06764 South Atlantic Fishery Management Council, 17370 2021-06834 Western Pacific Fishery Management Council, 17367-17368 2021-06837 National Park National Park Service NOTICES List of Significant Thermal Features within Units of the National Park System: Addition of Valles Caldera National Preserve, 17397-17401 2021-06806 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 911 Grant Program Performance Closeout Report, 17370-17371 2021-06769 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board: NextEra Energy Point Beach, LLC, 17418 2021-06785 Transfer of License: Crystal River Unit 3 Nuclear Generating Plant, 17412-17415 2021-06765 Vermont Yankee Nuclear Power Station, 17415-17417 2021-06766 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Servicing Multi-Piece and Single Piece Rim Wheels, 17410-17411 2021-06797 The Vinyl Chloride Standard, 17408-17410 2021-06796 Personnel Personnel Management Office RULES Designation of Certain Services as Emergency Services Under the Antideficiency Act; etc., 2021-05624 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alternative Annuity Election, 17419 2021-06790 Disabled Dependent Questionnaire, 17418 2021-06791 Evidence to Prove Dependency of a Child, 17418-17419 2021-06788 Representative Payee Survey, 17420 2021-06789 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Administrative Rulemaking, Guidance, and Enforcement Procedures, 2021-06416 NOTICES Hazardous Materials: Public Meetings in 2021 for International Standards on the Transport of Dangerous Goods, 17453 2021-06871 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Application for Waiver of Workshare Discount, 17347-17348 2021-06839 NOTICES New Postal Products, 17420-17421 2021-06820 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17352-17353 2021-06807 Rural Utilities Rural Utilities Service RULES Special Servicing of Telecommunications Programs Loans for Financially Distressed Borrowers, 2021-06381 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 17428-17432 2021-06776 Fixed Income Clearing Corp., 17432-17440 2021-06774 National Securities Clearing Corp., 17440-17448 2021-06770 The Depository Trust Co., 17421-17428 2021-06777 Small Business Small Business Administration NOTICES Major Disaster Declaration: Puerto Rico; Amendment No. 11, 17448-17449 2021-06813 Seeking Exemption under the Small Business Investment Act; Conflicts of Interest: OFS SBIC I, LP, 17449 2021-06810 Surrender of License of Small Business Investment Company: CapX Fund IV, LP, 17448 2021-06811 Vogen Funding, LP, 17448 2021-06812 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Egypt: The Time of Pharaohs, 17449 2021-06863 The Large Figure Paintings, No. 5, The Key to All Work to Date, Painting by Hilma af Klint, 17449 2021-06859 The Medici: Portraits & Politics, 1512 - 1570, 17449-17450 2021-06865 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemption: Northern Indiana Railroad Co., LLC; Town of North Judson, Ind., 17450-17451 2021-06842 Corporate Family Transaction Exemption: York Railway Co., Maryland and Pennsylvania Railroad, LLC, and Yorkrail, LLC, 17450 2021-06829 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration RULES Administrative Rulemaking, Guidance, and Enforcement Procedures, 2021-06416 Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for DIC by Parent(s) (Including Accrued Benefits and Death Compensation), 17456 2021-06759 Meetings: Advisory Committee on Women Veterans, 17455 2021-06760 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health, 17411-17412 2021-06798 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 17458-17492 2021-06132 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. 86 62 Friday, April 2, 2021 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 870, 875, 890, and 894 RIN 3206-AN99 Designation of Certain Services as Emergency Services Under the Antideficiency Act; Opportunities To Enroll and Change Enrollment in the FEHB Program During a Lapse in Appropriations; Continuation of Certain Insurance Benefits During a Lapse in Appropriations AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: In this final rule, the Office of Personnel Management

(OPM)is finalizing provisions to ensure the continuation of certain insurance benefits and services that could be impacted by a lapse in appropriations. First, this final rule implements section 1110 of the National Defense Authorization Act for Fiscal Year 2020 (FY20 NDAA), that designated certain Federal Employees Health Benefits

(FEHB)Program and Federal Employees' Group Life Insurance (FEGLI) services as emergency services under the Antideficiency Act. Second, this rule also implements section 1110(c)(2) of FY20 NDAA that deems employees furloughed as a result of a lapse in appropriations to be in pay status, for purposes of enrolling or changing enrollment in the FEHB Program. Third, this final rule also ensures, pursuant to section 1111 of the FY20 NDAA, continuation of coverage under the Federal Employees Dental and Vision Insurance Program (FEDVIP) and the Federal Long Term Care Insurance Program (FLTCIP) for enrollees who are furloughed or excepted from furlough and working without pay due to a lapse in appropriations, and provides that coverage may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such a lapse. The rule also clarifies that upon the end of a lapse in appropriations, FEDVIP and FLTCIP premiums will be paid from back pay or may be paid back from a source other than backpay for FLTCIP enrollees who elected to make payments directly to the Carrier. This final rule adopts the proposed rule as published. DATES: This rule is effective on April 2, 2021. FOR FURTHER INFORMATION CONTACT: Julia Elam, Program Analyst, at

(202)606-2128 or Padma Shah, Senior Policy Analyst, at

(202)606-2128. SUPPLEMENTARY INFORMATION: On July 20, 2020, OPM published proposed regulations (85 FR 43743) to do the following during a furlough as a result of lapse of appropriations: designate FEHB and FEGLI services as emergency service under the Antideficiency Act; deem furloughed employees and employees excepted from furlough and working without pay as a result of a lapse in appropriations to be in a pay status for the purposes of enrolling or changing FEHB enrollment; ensure the continuation of FEDVIP and FLTCIP coverage. The rule amends 5 CFR parts 870, 875, 890, and 894. OPM provided 30 days for the public to comment on the proposed rule. The comment period closed on August 19, 2020. OPM received 7 public comments and one informal comment. FEGLI is administered by OPM in accordance with Chapter 87 of Title 5 of the U.S. Code and implementing regulations (title 5, part 87, and title 48, chapter 21 of the Code of Federal Regulations). The FEHB Program is administered by OPM in accordance with Title 5 Chapter 89, United States Code and implementing regulations (title 5, parts 890, 892 and title 48, chapter 16). FEDVIP was created as a result of the enactment of the Federal Employee Dental and Vision Benefits Enhancement Act of 2004, Public Law 108-496, and certain TRICARE-eligible individuals who are authorized under section 715 of the National Defense Authorization Act of Fiscal Year 2017, Public Law 114-328, became eligible for FEDVIP. FLTCIP was created as a result of the enactment of the Long Term Care Security Act of 2000, Public Law 106-265. Response to Comments OPM received comments from three professional associations, one FEHB Carrier, and one carrier organization, as well as four comments that were outside the scope of this rule. In addition, we received feedback from a benefits administrator. All the commenters were supportive of the regulation's goal to continue FEDVIP and FLTCIP benefits during a lapse in appropriations and to designate certain FEGLI and FEHB services as emergency services. There was agreement that designating these as emergency services ensures the safety of Federal employees and provides a sense of stability while employees are furloughed. The commenters also supported that the rule ensures that furloughed employees and employees working without pay can continue to enroll and make enrollment changes in the FEHB Program. The professional organizations commented that lapses in appropriations cause significant financial uncertainty and strain on furloughed employees. The commenters stated the proposed rule would work to provide employees with security and peace of mind during the economic uncertainty surrounding a lapse in appropriations. They also stated that the regulation ensures furloughed employees' health needs are met, making them better equipped to return to work when appropriations are restored. OPM agrees that the regulation can have a positive impact on Federal employees who may be impacted by a lapse in appropriations. The FEHB Carrier also stated that maintaining health insurance benefits are a matter of human safety. The commenter also agreed with the rule ensuring that furloughed employees and employees working without pay as a result of a lapse in appropriations, can continue to enroll and update their enrollments in health insurance coverage during lapses in appropriations. The commenter stated that the rule will not have a negative impact on its FEHB line of business, since during the 2018-2019 lapse in appropriations, it continued to process enrollments and enrollment changes. The commenter also supported the continuation of vision and dental benefits for employees during lapses in appropriations. The carrier organization indicated that the proposed rule was consistent with the FY20 NDAA, Public Law 116-92, and had been drafted in a manner that would improve program administration. OPM agrees that the regulation can improve program administration and believes it can assist in processing and continuing benefits during a lapse in appropriations. The benefits administrator provided feedback about back pay payments for missed FLTCIP and FEDVIP premiums and expressed concern about double deductions for FEDVIP premiums since, prior to this rule, the practice was for the Program Administrator to collect two missed premium payments each month until the previously unpaid premiums are caught up when employees returned to work and received pay upon the end of a lapse in appropriations. The commenter also stated that currently not all payroll providers can process past premiums for FEDVIP and FLTCIP from back pay when a lapse in appropriations ends. The commenter suggested that the rule allow unpaid FLTCIP premiums during a lapse in appropriations be paid by adjusting future deductions as was done during the most recent extended government shutdown. OPM declines to revise the regulation to allow for adjusting future deductions to make payments for premiums. Section 1111 of the FY20 NDAA directs that FLTCIP premiums be paid from back pay or may be paid back from a source other than backpay for FLTCIP enrollees who elected to make payments directly to the Carrier. Therefore, we are finalizing the regulatory text in 5 CFR 875.302(c)(1) as originally proposed, stating that if premium payments are made by Federal payroll or annuity deduction, or uniformed services retirement pay deduction, premiums will be paid to the Carrier from back pay made available as soon as practicable upon the end of such a lapse. OPM encourages payroll providers to make necessary systems change so that back pay can be used as payments for premiums missed during a lapse in appropriations. The benefits administrator also had concerns about FEDVIP premiums being paid to the Carrier from the enrollee's back pay since only one shared service center can process back payments. It suggested that the regulatory text also include that premiums can be paid from adjustments made to future deductions. It also commented that during the last shutdown the decision to pay back pay was not made until the end of the shutdown and asked how it will know whether to direct bill enrollees. OPM declines to adjust the regulatory text based on these comments. Section 1111 of the FY20 NDAA directs that FEDVIP premiums be paid from back pay. Therefore, we are finalizing the regulatory text in 5 CFR 894.405(c) and 5 CFR 894.406(c) as originally proposed, stating that premiums will be paid to the Carrier from back pay made available as soon as practicable upon the end of such a lapse. We would like to clarify that enrollees who have been furloughed or excepted from furlough and working without pay will not be billed for services during a lapse in appropriations and coverage should continue. As explained in the proposed rule, assuming Congress appropriates back pay as authorized by 31 U.S.C. 1341(c)(2), FEDVIP premiums will be paid to the Carrier from the enrollee's back pay made available as soon as practicable upon the end of such a lapse. However, we would like to provide a technical correction to the preamble of the proposed rule. If Congress does not appropriate back pay, the Program Administrator may collect missed premiums by adjusting future deductions. OPM is issuing this final rule with no changes. Expected Impact of the Final Rule OPM expects that the regulatory changes which designate certain FEHB Program and FEGLI services for purposes of section 1342 of Title 31, United States Code, as services for emergencies involving the safety of human life or the protection of property Antideficiency Act, will have a positive effect on enrollees impacted by a lapse in appropriations. The updated FEHB regulations will allow Government agencies to continue to employ Federal officers and employees to perform services such as enrolling an individual in an FEHB plan or changing the enrollment of an individual enrolled in FEHB during a lapse in appropriations. The amended FEGLI regulations will assist FEGLI enrollees since it allows agencies to employ officers or employees to perform FEGLI services during a lapse in appropriations. These services include activities related to enrollment, changing enrollment, temporary extension of coverage and conversion, eligibility, certification of coverage, and matters relating to reemployed annuitants and survivor annuitants. OPM anticipates that the additional FEHB regulatory changes will assist employees who are furloughed or excepted from furlough who may want to enroll, or will assist enrollees who may experience a qualifying life event and may want to make enrollment changes. Under the rule as finalized, an employee, who is furloughed or excepted from furlough and working without pay as a result of a lapse in appropriations, is deemed to be in pay status, during the lapse, for purposes of enrolling and change enrollment in the FEHB Program. Prior to this regulation, such an employee might experience challenges with enrollment or enrollment changes since generally, an employee needs to be in pay status in order to enroll or change enrollment in the FEHB Program. In addition, prior to this rule FEHB services were not designated as emergency services and employees or officers performing those services might have not been allowed to perform those services during a lapse in appropriations. OPM expects these regulation changes for the continuation of FLTCIP and FEDVIP during a lapse in appropriations will ensure enrollees who are furloughed or excepted from furlough and working without pay to continue FLTCIP and FEDVIP coverage without having their coverage cancelled. Once the lapse in appropriations has ended, FLTCIP premiums will be paid from back pay or may be paid back from a source other than backpay ( *i.e.* automatic bank withdrawal or direct bill) for FLTCIP enrollees who elected to make payments directly to the Carrier. FEDVIP premiums will be paid back from back pay once the lapse in appropriations has ended. OPM anticipates these changes to the regulation will ensure Carriers receive payments for missed premiums that occurred during a lapse in appropriations. Regulatory Impact Analysis OPM has examined the impact of this rulemaking as required by Executive Order 12866 and Executive Order 13563, which directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive impacts, and equity). A regulatory impact analysis must be prepared for major rules with economically significant effects of $100 million or more in any one year. This rulemaking is not a significant regulatory action under Executive Order 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. 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. Civil Justice Reform This regulation meets the applicable standard set forth in Executive Order 12988. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local or tribal governments of more than $100 million annually. Thus, no written assessment of unfunded mandates is required. Congressional Review Act The Congressional Review Act (5 U.S.C. 801 *et seq.* ) requires rules (as defined in 5 U.S.C. 804) to be submitted to Congress before taking effect. OPM will submit to Congress and the Comptroller General of the United States a report regarding the issuance of this action before its effective date, as required by 5 U.S.C. 801. OMB's Office of Information and Regulatory Affairs has determined that this is not a “major rule” as defined by the Congressional Review Act (5 U.S.C. 804(2)). Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects 5 CFR Part 870 Administrative practice and procedure, Government employees, Hostages, Iraq, Kuwait, Lebanon, Life insurance, Retirement. 5 CFR Part 875 Administrative practice and procedure, Employee benefit plans, Government contracts, Government employees, Health insurance, Military personnel, Organization and functions, Retirement. 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, Government employees, Health facilities, Health insurance, Health professions, Hostages, Iraq, Kuwait, Lebanon, Military personnel, Reporting and recordkeeping requirements, Retirement. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. Accordingly, OPM amends title 5, Code of Federal Regulations parts 870, 875, 890, and 894 as follows: PART 870—FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM 1. The authority citation for part 870 is revised to read as follows: Authority: 5 U.S.C. 8716; Sec. 870.106 also issued under section 1110(b) of Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8702 note); Sec. 870.302(a)(3) also issued under sections 11202(f), 11232(e), and 11246(b) and

(c)of Pub. L. 105-33, 111 Stat. 251, section 7(e) of Pub. L. 105-274, 112 Stat. 2419, and section 145 of Pub. L. 106-522, 114 Stat. 2472; Sec. 870.302(a)(3)(ii) also issued under section 153 of Pub. L. 104-134, 110 Stat. 1321; Secs. 870.302(b)(8), 870.601(a), and 870.602(b) also issued under Pub. L. 110-279, 122 Stat. 2604 (2 U.S.C. 2051); Subpart E also issued under 5 U.S.C. 8702(c); Sec. 870.601(d)(3) also issued under 5 U.S.C. 8706(d); Sec. 870.510 also issued under section 1622(b) of Pub. L. 104-106, 110 Stat. 521 (36 U.S.C. 5522); Sec. 870.703(e)(1) also issued under section 502 of Pub. L. 110-177, 121 Stat. 2542 (5 U.S.C. 8701 note); Sec. 870.705 also issued under 5 U.S.C. 8714b(c) and 8714c(c); and Subpart J also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064 (5 U.S.C. 5561 note), as amended. Subpart A—Administration and General Provisions 2. Add § 870.106 to read as follows: § 870.106 Designation of FEGLI services as emergency services under the Antideficiency Act.

(a)Any services by an officer or employee relating to benefits under this part, shall be deemed, for purposes of section 1342 of Title 31, United States Code, as services for emergencies involving the safety of human life or the protection of property.

(b)The designation of services as emergency services shall apply to any lapse in appropriations beginning on or after December 20, 2019, the date of enactment of Section 1110(d) of Public Law 116-92. PART 875—FEDERAL LONG TERM CARE INSURANCE PROGRAM 3. The authority citation for part 875 is revised to reads as follows: Authority: 5 U.S.C. 9008; Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8956 note). Subpart C—Cost 4. Amend § 875.302 by adding paragraph

(c)to read as follows: § 875.302 What are the options for making premium payments?

(c)Notwithstanding paragraph

(b)of this section, if you are an enrollee who is furloughed or excepted from furlough and working without pay during a lapse in appropriations, your FLTCIP coverage will stay in effect through such a lapse. Your coverage may not be cancelled as a result of nonpayment of premiums or other periodic charges due during such lapse. Pursuant to the National Defense Authorization Act for Fiscal Year 2020, Public Law 116-92, such continuation of coverage during a lapse in appropriations applies to any contract for long term care insurance coverage under 5 U.S.C. chapter 90 entered into before, on, or after December 20, 2019.

(1)If your premium payments are made by Federal payroll or annuity deduction, or uniformed services retirement pay deduction, premiums will be paid to the Carrier from back pay made available as soon as practicable upon the end of such a lapse. If your premium payments are made by pre-authorized debit or by direct billing, you have the option of continuing to pay premiums while you are furloughed or excepted from furlough and working without pay, or not making premium payments. If you opt not to make premium payments during this period, you will be contacted by the Carrier regarding premiums due and must pay premiums to the Carrier as soon as practicable upon the end of the lapse.

(2)Upon the end of a lapse in appropriations, premiums will be required from all impacted enrollees in accordance with enrollees' method of payment, as described in paragraph (c)(1) of this section. If you do not pay the required premiums as soon as practicable upon the end of the lapse when due, your coverage will terminate pursuant to § 875.412. PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 5. The authority citation for part 890 is revised to read as follows: Authority: 5 U.S.C. 8913; Sec. 890.102 also issued under sections 11202(f), 11232(e), and 11246

(b)of Pub. L. 105- 33, 111 Stat. 251; Sec. 890.111 also issued under section 1622(b) of Pub. L. 104-106, 110 Stat. 521 (36 U.S.C. 5522); Sec. 890.112 also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604 (2 U.S.C. 2051); Sec. 890.113 also issued under section 1110 of Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8702 note); Sec. 890.301 also issued under section 311 of Pub. L. 111-3, 123 Stat. 64 (26 U.S.C. 9801); Sec. 890.302(b) also issued under section 1001 of Pub. L. 111-148, 124 Stat. 119, as amended by Pub. L. 111-152, 124 Stat. 1029 (42 U.S.C. 300gg-14); Sec. 890.803 also issued under 50 U.S.C. 3516 (formerly 50 U.S.C. 403p) and 22 U.S.C. 4069c and 4069c-1; subpart L also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064 (5 U.S.C. 5561 note), as amended; and subpart M also issued under section 721 of Pub. L. 105-261 (10 U.S.C. 1108), 112 Stat. 2061. Subpart A—Administration and General Provisions 6. Add § 890.113 to read as follows: § 890.113 Designation of FEHB Program services as emergency services under the Antideficiency Act.

(a)Any services by an officer or employee under this part and part 892 of this chapter relating to the enrollment of an individual in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of Title 31, United States Code, as services for emergencies involving the safety of human life or the protection of property.

(n)and paragraph

(o)to read as follows: § 890.301 Opportunities for employees to enroll or change enrollment; effective dates.

(n)*Determination of lowest-cost nationwide plan option.* * * *

(o)*Pay status during a lapse in appropriations.* An employee, who is furloughed or excepted from furlough and working without pay as a result of a lapse in appropriations, is deemed to be in pay status, during the lapse, for purposes of this section. PART 894—FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM 8. The authority citation for part 894 is revised 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 (2 U.S.C. 2051); and Sec. 894.601(b) also issued under Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8956 note). Subpart D—Cost of Coverage 9. Amend § 894.405 by adding paragraph

(c)to read as follows: § 894.405 What happens if I go into nonpay status or if my pay/annuity is insufficient to cover the allotments?

(c)If you are a FEDVIP enrollee, who due to a lapse in appropriations is furloughed or excepted from furlough and working without pay due to such a lapse, your FEDVIP coverage will not stop during such a lapse. Upon the end of such a lapse, premiums will be paid to the Carrier from back pay made available as soon as practicable upon the end of such a lapse. 10. Amend § 894.406 by adding paragraph

(c)to read as follows: § 894.406 What happens if my uniformed services pay or uniformed services retirement pay is insufficient to cover my FEDVIP premiums, or I go into a nonpay status?

(c)If you are a FEDVIP enrollee who is furloughed or excepted from furlough and working without pay due to such a lapse, your coverage will not stop during such a lapse. Upon the end of such a lapse, premiums will be paid to the Carrier using back pay. Subpart F—Termination or Cancellation of Coverage 11. Amend § 894.601 by revising paragraph

(b)to read as follows: § 894.601 When does my FEDVIP coverage stop?

(b)If you go into a period of nonpay or insufficient pay (or insufficient uniformed services pay or uniformed services retirement pay) and you do not make direct premium payments, your FEDVIP coverage stops at the end of the pay period for which your agency, retirement system, *OWCP,* uniformed services or uniformed services retirement system last deducted your premium payment. *Exception:* If you are an enrollee who is furloughed or excepted from furlough and working without pay during a lapse in appropriations, your FEDVIP coverage will not stop, and your enrollment may not be cancelled as a result of nonpayment of premiums or other periodic charges due. Pursuant to the National Defense Authorization Act for Fiscal Year 2020, Public Law 116-92, such continuation of coverage during a lapse in appropriations applies to any dental or vision contract under 5 U.S.C. chapters 89A and 89B entered into before, on, or after December 20, 2019. [FR Doc. 2021-05624 Filed 4-1-21; 8:45 am]

Connectionstraces to 30

Traces to 30 documents

public-private-law

U.S. Code