Unknown. Final rule

3,703 words·~17 min read·/register/2022/04/13/2022-07802

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-2022-04-13.xml --- 87 71 Wednesday, April 13, 2022 Contents Agricultural Marketing Agricultural Marketing Service RULES Suspension of Reporting and Assessment Requirements: Washington Apricots, 21741-21743 2022-07830 Agriculture Agriculture Department See Agricultural Marketing Service Census Bureau Census Bureau NOTICES Charter Amendments, Establishments, Renewals and Terminations: National Advisory Committee on Racial, Ethnic, and Other Populations, 21869-21870 2022-07820 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21887-21888 2022-07917 Children Children and Families Administration NOTICES Request for Information: Technical Assistance Needs and Priorities on Implementation and Coordination of Early Childhood Development Programs in American Indian and Alaska Native Communities; Correction, 21888 2022-07840 Civil Rights Civil Rights Commission NOTICES Meetings: Delaware Advisory Committee, 21868-21869 2022-07921 Maine Advisory Committee; Cancellation, 21867 2022-07923 Maryland Advisory Committee, 21867-21868 2022-07924 Nebraska Advisory Committee, 21867 2022-07927 Tennessee Advisory Committee, 21868 2022-07926 Coast Guard Coast Guard RULES Safety Zone:

Chincoteague Bay, Chincoteague, VA, 21748-21750 2022-07656 Tennessee River, Chattanooga, TN, 21746-21748 2022-07819 Tennessee River, Tuscumbia, AL, 21750-21752 2022-07818 NOTICES Meetings: National Merchant Marine Personnel Advisory Committee; Teleconference, 21893-21894 2022-07828 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency PROPOSED RULES Rules of Practice and Procedure, 22034-22092 2022-04454 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Third Party Testing of Children's Products, 21873-21877 2022-07894 Education Department Education Department NOTICES Meetings: National Advisory Council on Indian Education, 21877-21878 2022-07849 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration PROPOSED RULES Energy Conservation Program: Standards for Residential Clothes Washers, 21816-21821 2022-07915 NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Environmental Management Site-Specific Advisory Board, 21878 2022-07936 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: District of Columbia, Maryland, and Virginia; 2017 Base Year Emissions Inventories for the Washington, DC-MD-VA Nonattainment Area for the 2015 Ozone National Ambient Air Quality Standard, 21752-21755 2022-07816 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

California; San Diego County; Reasonably Available Control Technology, 21822-21825 2022-07918 Determinations of Attainment by the Attainment Date, Extension of the Attainment Date, and Reclassification of Areas Classified as Serious for the 2008 Ozone National Ambient Air Quality Standards, 21825-21842 2022-07509 Determinations of Attainment by the Attainment Date, Extensions of the Attainment Date, and Reclassification of Areas Classified as Marginal for the 2015 Ozone National Ambient Air Quality Standards, 21842-21858 2022-07513 NOTICES Clean Air Act Operating Permit Program:

Petitions for Objection to State Operating Permit for ExxonMobil Corp., Baytown Chemical Plant, Harris County, TX, 21884-21885 2022-07823 Meetings: White House Environmental Justice Advisory Council, 21884 2022-07867 Requests for Nominations: Science Advisory Board Integrated Risk Information System Hexavalent Chromium Review Panel, 21885-21886 2022-07943 Federal Aviation Federal Aviation Administration PROPOSED RULES Airspace Designations and Reporting Points: Montpelier, VT, 21821-21822 2022-07809 NOTICES Airport Property:

Russellville Regional Airport, Russellville, AR, 22015 2022-07900 Shawnee Regional Airport, Shawnee, OK, 22014-22015 2022-07902 Meetings: NextGen Advisory Committee, 22015-22016 2022-07939 Federal Communications Federal Communications Commission RULES Auction of Flexible-Use Licenses in the 2.5 GHz Band for Next-Generation Wireless Services: Filing Requirements, Minimum Opening Bids, Upfront Payments, and Other Procedures for Auction 108, 21755-21783 2022-07602 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Rules of Practice and Procedure, 22034-22092 2022-04454 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Assistance to Individuals and Households Program, 21894-21895 2022-07889 National Business Emergency Operation Center Membership Agreement Form, 21896-21897 2022-07888 Post Disaster Survivor Preparedness Research Survey, 21895-21896 2022-07890 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 21878-21880 2022-07874 2022-07875 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

WPL Bear Creek Solar, LLC, 21881 2022-07880 WPL Crawfish River Solar, LLC, 21881 2022-07878 WPL North Rock Solar, LLC, 21880 2022-07877 WPL Wood County Solar, LLC, 21880-21881 2022-07876 Federal Maritime Federal Maritime Commission NOTICES Complaint: Aeneas Exporting, LLC, Honeybee International, Inc., All America Shipping, 21886 2022-07870 Meetings: National Shipper Advisory Committee, 21886-21887 2022-07896 Federal Reserve Federal Reserve System PROPOSED RULES Rules of Practice and Procedure, 22034-22092 2022-04454 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:

Status for Streaked Horned Lark, 21783-21812 2022-07920 Food and Drug Food and Drug Administration NOTICES Drug Products not Withdrawn from Sale for Reasons of Safety or Effectiveness: Totect (Dexrazoxane Hydrochloride) for Injection, 500 Milligrams, 21891 2022-07942 Guidance: Performance Criteria for Safety and Performance Based Pathway, 21889-21890 2022-07934 Withdrawal of Approval of Relapsed or Refractory Follicular Lymphoma Indication: Secura Bio, Inc.; Copiktra, 21888-21889 2022-07931 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

Chang Chun (Arizona), LLC (Specialty Chemicals for Microchip Production), Foreign-Trade Zone 75, Phoenix, AZ, 21870 2022-07905 Proposed Production Activity: Swafford Warehousing, Inc. (Medical Kits), Foreign-Trade Zone 38, Spartanburg County, SC, 21870 2022-07862 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Rent Schedule—Low Income Housing, 21897-21898 2022-07913 Funding Awards, 21898-21918 2022-07869 Interior Interior Department See Fish and Wildlife Service See National Park Service See Office of Natural Resources Revenue See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Foreign Tax Credit: Clarification of Foreign-Derived Intangible Income; Guidance, 21743 C1-2021-27887 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Polyethylene Terephthalate Resin from Canada, the People's Republic of China, India, and the Sultanate of Oman, 21871-21872 2022-07863 Charter Renewal: United States Investment Advisory Council, 21870-21871 2022-07837 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Mobile Access Equipment and Subassemblies Thereof from China, 21923 2022-07912 Certain Plant-Derived Recombinant Human Serum Albumins and Products Containing Same, 21923-21924 2022-07904 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Substance Use-Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act Grants Evaluation, 21924-21926 2022-07873 National Credit National Credit Union Administration PROPOSED RULES Rules of Practice and Procedure, 22034-22092 2022-04454 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Arai Helmet, Inc.; Approval, 22016-22019 2022-07824 Continental Tire the Americas, LLC, 22022-22023 2022-07827 Daimler Trucks North America, LLC, 22019-22022 2022-07825 National Institute National Institutes of Health NOTICES Licenses;

Exemptions, Applications, Amendments, etc.: Development of Diagnostic for Imaging and Early Detection of Pancreatic Cancer and Pre-Cancerous Lesions by Targeting the Cholecystokinin-B Receptor, 21892-21893 2022-07866 Government-Owned Inventions, 21892 2022-07892 Meetings: National Institute on Alcohol Abuse and Alcoholism, 21891 2022-07910 National Institute on Drug Abuse, 21893 2022-07868 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Re-Opening of Commercial Longline Fishery for South Atlantic Golden Tilefish, 21813-21814 2022-07908 Fisheries of the Exclusive Economic Zone off Alaska: Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 21815 2022-07916 International Fisheries: Western and Central Pacific Fisheries for Highly Migratory Species; Extension of Emergency Decisions of the Western and Central Pacific Fisheries Commission, 21812-21813 2022-07815 PROPOSED RULES Fisheries Off West Coast States:

Pacific Coast Groundfish Fishery; 2022 Harvest Specifications for Pacific Whiting and 2022 Pacific Whiting Tribal Allocation, 21858-21866 2022-07839 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 21872-21873 2022-07929 New England Fishery Management Council, 21872 2022-07930 Pacific Fishery Management Council, 21873 2022-07928 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 21918-21919 2022-07886 2022-07925 Requests for Nominations:

Native American Graves Protection and Repatriation Review Committee, 21920 2022-07826 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Proposal/Award Information—Proposal and Award Policies and Procedures Guide, 21928-21929 2022-07941 Meetings: Advisory Committee for Education and Human Resources, 21929 2022-07821 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21926-21928 2022-07872 Natural Resources Office of Natural Resources Revenue RULES Mailing and Email Address Amendments, 21743-21746 2022-06639 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Solid Minerals and Geothermal Collections, 21921-21922 2022-07893 Personnel Personnel Management Office RULES Access to Federal Employees Health Benefits for Employees of Certain Tribally Controlled Schools, 21739-21740 2022-07802 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:

Actions on Special Permits, 22024-22026 2022-07899 Applications for New Special Permits, 22023-22024 2022-07898 Applications for Special Permits, 22026 2022-07901 Postal Regulatory Postal Regulatory Commission NOTICES Market Dominant Price Adjustment, 21930-21931 2022-07817 New Postal Products, 21929-21930 2022-07897 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Black Maternal Health Week (Proc. 10365), 22093-22096 2022-08074 National Former Prisoner of War Recognition Day (Proc. 10367), 22099-22100 2022-08080 Pan American Day and Pan American Week (Proc. 10366), 22097-22098 2022-08079 Reclamation Reclamation Bureau NOTICES Meetings:

Glen Canyon Dam Adaptive Management Work Group, 21922-21923 2022-07860 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21942-21943, 21984, 21993, 22001 2022-07832 2022-07833 2022-07834 2022-07835 Fiscal Year 2022 Annual Adjustments to Transaction Fee Rates, 21931-21938 2022-07881 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 21988-21990 2022-07856 Cboe BZX Exchange, Inc., 21986-21988 2022-07841 Investors Exchange, LLC, 21945-21957 2022-07853 MIAX PEARL, LLC, 22004-22008 2022-07842 Nasdaq ISE, LLC, 21940-21942 2022-07855 Nasdaq PHLX, LLC, 21990-21993 2022-07854 New York Stock Exchange, LLC, 21984-21986 2022-07848 NYSE American, LLC, 21943-21945 2022-07847 NYSE Arca, Inc., 21959-21984, 21993-22004 2022-07843 2022-07846 2022-07852 NYSE Chicago, Inc., 21957-21959 2022-07845 NYSE National, Inc., 21938-21940 2022-07844 The Options Clearing Corp., 22002 2022-07851 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: COVID-19 Vaccination Requests for Waiver, 22008-22009 2022-07879 Surface Transportation Surface Transportation Board NOTICES Public Hearing: Urgent Issues In Freight Rail Service, 22009-22010 2022-07831 Susquehanna Susquehanna River Basin Commission NOTICES Grandfathering Registration, 22012 2022-07883 Hearings, 22012-22013 2022-07882 Projects Approved: Consumptive Uses of Water, 22010-22011 2022-07885 Minor Modifications, 22011-22012 2022-07884 Trade Representative Trade Representative, Office of United States NOTICES Meetings:

U.S.-Korea Free Trade Agreement Labor Council, 22013-22014 2022-07895 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2022 Terrorism Risk Insurance Program Data Call, 22026-22031 2022-07861 Western Western Area Power Administration NOTICES Rate Order:

Boulder Canyon Project, 21881-21883 2022-07864 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation, 22034-22092 2022-04454 Federal Reserve System, 22034-22092 2022-04454 National Credit Union Administration, 22034-22092 2022-04454 Treasury Department, Comptroller of the Currency, 22034-22092 2022-04454 Part III Presidential Documents, 22093-22100 2022-08074 2022-08080 2022-08079 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. 87 71 Wednesday, April 13, 2022 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN 3206-AO18 Access to Federal Employees Health Benefits

(FEHB)for Employees of Certain Tribally Controlled Schools AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: This rule finalizes an interim rule which expanded access to enrollment in the Federal Employees Health Benefits

(FEHB)Program to additional tribal employees. The Consolidated Appropriations Act, 2021 (FY21 CAA) amended section 409 of the Indian Health Care Improvement Act and expanded entitlement to Indian tribes or tribal organizations carrying out programs under the Tribally Controlled Schools Act of 1988

(TCSA)to purchase coverage, rights, and benefits under the FEHB Program for their employees. This final rule adopts the interim final rule with minor clarifications. DATES: Effective on April 13, 2022. FOR FURTHER INFORMATION CONTACT: Julia Elam, Senior Policy Analyst, at *julia.elam@opm.gov* or

(202)606-2128. SUPPLEMENTARY INFORMATION: On September 3, 2021, OPM issued an interim final rule (86 FR 49461) amending 5 CFR part 890, to expand access to enrollment in the FEHB Program to Indian tribes or tribal organizations carrying out programs under the Tribally Controlled Schools Act of 1988

(TCSA)for their employees. OPM provided 60 days for the public to comment on the interim final rule. The comment period expired on November 2, 2021. However, comments were not accepted on regulations.gov during the first 18 days of the comment period due to a technical error. Therefore, OPM published an extension (86 FR 60357) of the period for public comment on the interim final rule from November 2, 2021 to November 20, 2021. OPM notes the following clarifications to the preamble of the interim final rule, 86 FR 49461. In the section on “Need for Regulatory Action,” footnotes 4 and 5 in the interim final rule should have been reversed. In the section on “Effects on Tribal Employees,” footnote 10 is listed twice. A new footnote 6 should be inserted after the sentence, stating “Another urgent concern is that American Indian/Alaska Natives (AI/AN) experience health disparities, and, according to the Centers for Disease Control and Prevention (CDC), AI/AN have experienced disproportionate rates of infection and mortality during the COVID-19 pandemic.” This footnote 6 should have included a citation to a report located at *https://www.cdc.gov/mmwr/volumes/69/wr/mm6949a3.htm.* The current Footnotes 6 should be renumbered as footnote 7, and current footnotes 7-10 should be renumbered as 8-11. In the section on “Effects on Other Parties,” a footnote was made to the medical loss regulations without any text in accompanying footnote 13. The footnote should have included a citation to 77 FR 28790 and should be renumbered as footnote 12. Authority for This Rulemaking Section 1114 of the Consolidated Appropriations Act, 2021 (Pub. L. 116- 260) amended Section 409 of the Indian Health Care Improvement Act (25 U.S.C. 1647b) to extend entitlement to Indian tribes or tribal organizations carrying out programs under the TCSA (25 U.S.C. 2501 *et seq.* ) to purchase coverage, rights and benefits under the FEHB Program for their employees. 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). The Patient Protection and Affordable Care Act

(ACA)(Pub. L. 111-148) and the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111- 152), as amended extended entitlement to Indian tribes and tribal organizations carrying out programs under the Indian Self-Determination and Education Assistance Act (ISDEAA) (Pub. L. 93- 638), and urban Indian organizations carrying out programs under Title V of the Indian Health Care Improvement Act (IHCIA) to purchase coverage, rights, and benefits under the FEHB Program for their employees, defined in the FEHB regulations as “tribal employees.” As the administrator of the FEHB Program, OPM extended eligibility to tribal employees of entitled tribal employers within the meaning of section 409 of the IHCIA. Tribal employers began purchasing FEHB for their employees on March 22, 2012 with coverage effective on May 1, 2012. As of January 2022, 138 tribal employers participate in the FEHB Program, and 1l of those are tribally controlled schools. As of January 2022, the total tribal enrollment in the FEHB Program is 34,333 with an estimated 63,000 covered lives. Responses to Comments on the Interim Final Rule OPM received 2 comments from the members of the public. One commenter noted all school employees should have the opportunity to be protected during the pandemic and expanding enrollment in the Federal Employees Health Benefits Program will expand access. Another commenter also expressed support for the rule. OPM appreciates the commenters' support for the regulation and notes that this rule applies only to TCSA grant schools; schools operating under the ISDEAA (Pub. L. 93-638) were already entitled to purchase FEHB for tribal employees. As noted earlier in the rule, OPM is providing a cite the medical loss regulations which is a clarification. No other changes are made. Expected Impact of the Final Rule While this rule identifies TCSA grant schools as tribal employers entitled to purchase FEHB coverage for their tribal employees, pursuant to Public Law 116- 260, OPM does not believe this regulation will have a large impact on the broader health insurance markets. Currently, there are an estimated 4,533 eligible tribal employees of tribally controlled schools, including TCSA grant schools and “638 contract schools.” Eligible tribal employees are full-time common law employees as determined by a tribal employer. There are an estimated 4,328 newly eligible tribal employees at TCSA grant schools. The impact on carriers is relatively small, as tribal enrollments make up 0.78 percent of enrollments in the FEHB Program. As of January 2022, 138 tribal employers participate in the FEHB Program, and 11 of those are tribally controlled schools. As of January 2022, the total tribal enrollment in the FEHB Program is 34,333 with an estimated 63,000 covered lives. Overall, as of March 2021 there are over 4.1 million separate enrollments in the FEHB Program, providing health insurance to about 8.2 million Federal employees, annuitants, certain tribal employees, and their family members covered by the FEHB Program. For states with larger American Indian/Alaska Native (AI/AN) populations, OPM does not expect an outsized impact on local carriers as local carriers plans generally reflect the cost of their area. OPM does not anticipate that the newly eligible tribal employees will be significantly more expensive than other current FEHB enrollees in the same geographic region. For example, OPM estimates, for tribally controlled schools in which data is available, that in states with large AI/AN populations, such as New Mexico, Arizona, and South Dakota, only about 1,899 tribal employees are eligible at TCSA grant schools. Therefore, OPM does not anticipate a material impact if these tribal enrollees were to enroll in FEHB coverage. For FEHB nationwide fee-for-service

(FFS)plans, there will not be enough new enrollees in this group to have a material impact. Effects on Other Parties As described above, one expected impact of this rule is that affected tribal employees will gain access to health insurance plans with lower health insurance premiums. A reduction in those premiums reflects transfers between various parties involved in these transactions. The clearest effect is a transfer toward parties paying for health benefits absent the expansion of FEHB benefits, which largely include tribal employers and employees. This transfer is most likely to come initially from reductions in payments to health insurance providers or from offsetting increases in FEHB health insurance premiums. We expect that, due to medical loss ratio 1 regulations, premiums largely reflect medical costs experienced by those insured by the plan. As a result, we expect that the rule will largely initially result in a transfer from those paying FEHB premiums (including enrollees and the Federal Government) in the baseline to entities who experience premium reductions under this rule. As described above, we expect these effects to be quite small. 1 77 FR 28790. Alternative Regulatory Approaches OPM is unaware of feasible alternatives to this rule, as this regulation aligns FEHB eligibility with the FY21 CAA, which amended section 409 of the IHCIA. Currently, OPM regulations do not include FEHB eligibility for Indian tribes or tribal organizations carrying out programs under the TCSA, and this rule expands eligibility along these lines. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 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, distribute impacts, and equity). This final rule is not a significant regulatory action under E.O. 12866 and was not reviewed by OMB. Regulatory Flexibility Act OPM certifies this regulation will not have a significant economic impact on a substantial number of small entities. Federalism OPM has 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 Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (also known as 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) 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 for the FEHB Program, OMB Control Number 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-23, “FEHB Program Enrollment Records,” available at *https://www.federalregister.gov/d/* 2021-01259. List of Subjects in 5 CFR Part 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professions, Indians, Military personnel, Reporting and recordkeeping requirements, Retirement. Accordingly, OPM adopts the interim rule published September 3, 2021, at 86 FR 49461, as final without change. Office of Personnel Management. Alexys Stanley, Regulatory Affairs Analyst. [FR Doc. 2022-07802 Filed 4-12-22; 8:45 am]

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