Notice of Federal Long Term Care Insurance Program Special Decision Period for Current Enrollees, 50845-50846 [E9-23727]
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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices
amendment process is the correct
process for the staff to use in reviewing
the proposed change. As discussed
previously, an emergency plan change
that would reduce the effectiveness of
the plan would expand the licensee’s
operating authority under its license. A
change expanding the licensee’s
authority is, according to the courts, a
license amendment and must be
accomplished through a license
amendment process. For research and
test reactors, NUREG–0849, ‘‘Standard
Review Plan for the Review and
Evaluation of Emergency Plans for
Research and Test Reactors,’’ issued
October 1983, provides guidance on
EALs and how changes should be made
on a case-by-case basis with
consideration of the provisions of
§ 50.54(q).
PWALKER on DSK8KYBLC1PROD with NOTICES
3. Inspection Activities
For power reactors, the NRC
inspectors use Inspection Procedure (IP)
71114.04 to conduct a review of the
effectiveness of the licensee’s
implementation of the 10 CFR 50.54(q)
change process. For research and test
reactors, the NRC inspectors use IP
69011, ‘‘Class I Research and Test
Reactor Emergency Preparedness,’’ and
IP 69001, ‘‘Class II Research and Test
Reactors.’’ The inspector will perform a
screening review of the change relative
to the emergency plan; however, this
will not constitute NRC approval of the
plan as changed.
The documentation of the change
reviewed by the inspectors will be the
report provided by the licensee as stated
in § 50.54(q). Although not required, the
inclusion of the applicable licensee
evaluation and justification for the
change as part of this report would
assist the staff in the review.
4. Lower Tier Documents
If a licensee has incorporated a lower
tier document into the emergency plan
or the emergency plan explicitly
references a lower tier document as a
method to implement a specific
requirement in the emergency plan,
then, it is considered part of the plan
and subject to § 50.54(q) review.
Historically, some licensees have
developed emergency plan
implementing procedures that included
the necessary information needed for
activities that are required to meet the
regulations, for example, procedures for
notifications, dose assessment,
protective action recommendations,
emergency classifications and
emergency action levels. The staff is not
making the use of § 50.54(q) to review
all changes to lower tier documents a
requirement, but acknowledges that
VerDate Nov<24>2008
19:32 Sep 30, 2009
Jkt 217001
using § 50.54(q) as the regulation to
provide revision control of these lower
tier documents has been in place and
supported by the NRC through the
inspection and licensing process.
Backfit Discussion
This RIS revision does not require any
action or written response. This RIS
revision provides non-regulatory review
guidance for licensees and clarifies
existing regulatory requirements
licensees must follow when proposing
changes to their emergency plans. The
NRC’s Backfit Rule, 10 CFR 50.109,
applies to, among other things, the
procedures necessary to operate a
nuclear power plant. To the extent that
using a license amendment process for
making modifications to emergency
plans that reduce the effectiveness of
the plans is considered a change, it
would be a change to the NRC’s
regulatory process for addressing
modifications to the emergency plan.
The NRC’s regulatory review process is
not a licensee procedure required for
operating a plant that would be subject
to backfit limitations.
Further, the Backfit Rule protects
licensees from Commission actions that
arbitrarily change license terms and
conditions. In 10 CFR 50.54(q), a
licensee requests Commission authority
to do what is not currently permitted
under its license. The licensee has no
valid expectations protected by the
Backfit Rule regarding the means for
obtaining the new authority that is not
permitted under the current license. For
these reasons, this RIS revision does not
constitute a backfit under 10 CFR
50.109, and the staff did not perform a
backfit analysis.
Federal Register Notification
To be done after the public comments
periods.
Paperwork Reduction Act Statement
This RIS revision does not contain
information collections and, therefore,
is not subject to the requirements of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
Contact
Please direct any questions about this
matter to Don A. Johnson at (301) 415–
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
50845
4040, or by e-mail:
don.johnson@nrc.gov.
End of Draft Regulatory Issue Summary
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room at One White Flint
North, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/NRC/ADAMS/
index.html. If you do not have access to
ADAMS or if you have problems in
accessing the documents in ADAMS,
contact the NRC Public Document Room
(PDR) reference staff at 1–800–397–4209
or 301–415–4737 or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland, this 24th day
of September 2009.
For the Nuclear Regulatory Commission.
Martin C. Murphy,
Chief, Generic Communications Branch,
Division of Policy and Rulemaking, Office
of Nuclear Reactor Regulation.
[FR Doc. E9–23683 Filed 9–30–09; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Notice of Federal Long Term Care
Insurance Program Special Decision
Period for Current Enrollees
AGENCY: U.S. Office of Personnel
Management.
ACTION: Notice of Federal Long Term
Care Insurance Program special decision
period for current enrollees.
SUMMARY: The U.S. Office of Personnel
Management (OPM) is announcing rules
for current enrollees in the Federal Long
Term Care Insurance Program (FLTCIP)
who will be eligible to change coverage
during a limited Special Decision Period
to be held this year. These rules pertain
only to current eligible enrollees who
may make changes because of new plan
features and premium rate increases for
some enrollees. Eligible enrollees in the
standard plan as of October 1, 2009, and
those individuals whose application for
the standard plan was received on or
before September 30, 2009, and whose
enrollment was approved may make
changes during the Special Decision
Period, provided they are not in benefit
eligible status.
DATES: The Special Decision Period will
be from October 1 through December 14,
2009.
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01OCN1
PWALKER on DSK8KYBLC1PROD with NOTICES
50846
Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices
FOR FURTHER INFORMATION CONTACT:
Enrollees may call 1–800–LTC–FEDS
(1–800–582–3337) (TTY: 1–800–843–
3557) or visit https://www.ltcfeds.com.
For purposes of this Federal Register
notice only, the contact at OPM is John
Cutler, Senior Policy Analyst, Strategic
Human Resources Policy Division, at
john.cutler@opm.gov or (202) 606–0735.
SUPPLEMENTARY INFORMATION: The LongTerm Care Security Act (Pub. L. 106–
265) directs OPM to provide periodic
opportunities for eligible persons to
apply for coverage in the FLTCIP. OPM
has issued regulations (5 CFR 875.402–
875.404) which set forth procedures for
FLTCIP open seasons. This notice is
issued under the provisions of
§ 875.402(b). The Special Decision
Period described in this Notice is solely
for current enrollees to make coverage
changes. Eligible enrollees will be
notified directly about the Special
Decision Period by Long Term Care
Partners, the program administrator.
Enrollees who have plan options
subject to a rate increase beginning in
January 2010 will be offered a specified
‘‘landing spot’’ to allow them to reduce
their coverage in order to keep their
premium approximately the same
amount as it is today. Eligible enrollees
will also be given an opportunity to
change to the new FLTCIP plan design
which offers some features different
than those currently available. Enrollees
who make coverage changes outside of
this Special Decision Period may be
subject to full underwriting, as specified
in § 875.403, and different premium
calculation rules.
Qualified enrollees under these
special rules: Persons enrolled in the
FLTCIP standard plan as of October 1,
2009, and those individuals whose
application for the standard plan was
received on or before September 30,
2009, and whose enrollment was
approved are eligible to make changes
during the Special Decision Period,
provided they are not in benefit eligible
status.
Underwriting requirements: Eligible
enrollees who wish to reduce their
coverage or keep their current coverage
(subject to any applicable rate increases)
will be able to do so without
underwriting. They may also change to
the specified ‘‘landing spot’’ without
underwriting. No enrollee’s coverage
will change unless he or she voluntarily
chooses to change it. Other coverage
changes may require underwriting.
If underwriting is required, eligible
enrollees who are active workforce
members or spouses of active workforce
members will be subject to the
abbreviated underwriting standards in
VerDate Nov<24>2008
19:32 Sep 30, 2009
Jkt 217001
effect for the FLTCIP as of October 1,
2009. In accordance with
§ 875.404(b)(2), active workforce
members who seek to make changes that
require underwriting must be actively at
work in order for coverage changes to
become effective. For decision period
changes with a January 1, 2010, effective
date, actively at work requirements are
modified. For a coverage change to
become effective January 1, 2010, the
active workforce member must be
actively at work one day during the
month of December 2009. If
underwriting is required for any other
eligible enrollees, they will be subject to
the full underwriting standards in effect
for the FLTCIP as of October 1, 2009.
Billing age: For enrollees who retain
their current benefits, premiums are
based on the enrollee’s age at purchase.
For enrollees who choose to change
their benefits, premiums will be
determined on a blended rate basis,
taking into account the enrollee’s age at
purchase and the enrollee’s attained age
as of January 1, 2010.
Premiums: Certain current enrollees
in the FLTCIP will experience a
premium increase, effective January 1,
2010. The premium increase affects
current enrollees who applied to the
FLTCIP on or before September 30,
2009, who have the Automatic
Compound Inflation Option (ACIO) and
whose age at purchase was under 70.
Enrollees affected by the premium
increase will receive detailed written
information about the specific amount
of the increase from Long Term Care
Partners. Long Term Care Partners will
also provide information on how
enrollees may reduce their benefits in
order to avoid the premium increase
and keep their new premium
approximately the same as their current
premium. All eligible enrollees will also
be given an opportunity to change to the
new FLTCIP plan design. Premiums for
coverage changes will vary according to
the enrollee’s age and the coverage
options selected.
Effective date: The effective date of
coverage changes that do not require
underwriting will be January 1, 2010,
regardless of when the Special Decision
Period request is received. Coverage
changes requiring underwriting will be
effective January 1, 2010, or the first day
of the month following approval of the
request, whichever is later.
Enrollees who make coverage changes
under these provisions will receive a
revised Benefit Booklet and Schedule of
Benefits. Enrollees will have 30 days
after the date these items are mailed to
cancel their Special Decision Period
coverage changes and revert to their
original coverage or to make another
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
Special Decision Period choice.
Enrollees will receive a refund of any
difference in premiums paid for a
coverage change that is cancelled within
those 30 days. If enrollees cancel the
coverage change after 30 days, they will
not receive a refund of any difference in
premiums paid for the changed
coverage, unless those premiums are for
a period after the effective date of the
cancellation.
OPM expects to hold a FLTCIP Open
Season for all individuals eligible to
apply in late 2010. We will issue a
separate Notice in the Federal Register
describing the procedures for that Open
Season at a later time.
Authority: 5 U.S.C. 9008; 5 CFR 875.402.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. E9–23727 Filed 9–30–09; 8:45 am]
BILLING CODE 6325–39–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–28930]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
September 25, 2009.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of September,
2009. A copy of each application may be
obtained via the Commission’s Web site
by searching for the file number, or an
applicant using the Company name box,
at https://www.sec.gov/search/
search.htm or by calling (202) 551–
8090. An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by writing to the SEC’s
Secretary at the address below and
serving the relevant applicant with a
copy of the request, personally or by
mail. Hearing requests should be
received by the SEC by 5:30 p.m. on
October 20, 2009, and should be
accompanied by proof of service on the
applicant, in the form of an affidavit or,
for lawyers, a certificate of service.
Hearing requests should state the nature
of the writer’s interest, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090.
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]]>Agencies
[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50845-50846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23727]
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OFFICE OF PERSONNEL MANAGEMENT
Notice of Federal Long Term Care Insurance Program Special
Decision Period for Current Enrollees
AGENCY: U.S. Office of Personnel Management.
ACTION: Notice of Federal Long Term Care Insurance Program special
decision period for current enrollees.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is announcing
rules for current enrollees in the Federal Long Term Care Insurance
Program (FLTCIP) who will be eligible to change coverage during a
limited Special Decision Period to be held this year. These rules
pertain only to current eligible enrollees who may make changes because
of new plan features and premium rate increases for some enrollees.
Eligible enrollees in the standard plan as of October 1, 2009, and
those individuals whose application for the standard plan was received
on or before September 30, 2009, and whose enrollment was approved may
make changes during the Special Decision Period, provided they are not
in benefit eligible status.
DATES: The Special Decision Period will be from October 1 through
December 14, 2009.
[[Page 50846]]
FOR FURTHER INFORMATION CONTACT: Enrollees may call 1-800-LTC-FEDS (1-
800-582-3337) (TTY: 1-800-843-3557) or visit https://www.ltcfeds.com.
For purposes of this Federal Register notice only, the contact at OPM
is John Cutler, Senior Policy Analyst, Strategic Human Resources Policy
Division, at john.cutler@opm.gov or (202) 606-0735.
SUPPLEMENTARY INFORMATION: The Long-Term Care Security Act (Pub. L.
106-265) directs OPM to provide periodic opportunities for eligible
persons to apply for coverage in the FLTCIP. OPM has issued regulations
(5 CFR 875.402-875.404) which set forth procedures for FLTCIP open
seasons. This notice is issued under the provisions of Sec.
875.402(b). The Special Decision Period described in this Notice is
solely for current enrollees to make coverage changes. Eligible
enrollees will be notified directly about the Special Decision Period
by Long Term Care Partners, the program administrator.
Enrollees who have plan options subject to a rate increase
beginning in January 2010 will be offered a specified ``landing spot''
to allow them to reduce their coverage in order to keep their premium
approximately the same amount as it is today. Eligible enrollees will
also be given an opportunity to change to the new FLTCIP plan design
which offers some features different than those currently available.
Enrollees who make coverage changes outside of this Special Decision
Period may be subject to full underwriting, as specified in Sec.
875.403, and different premium calculation rules.
Qualified enrollees under these special rules: Persons enrolled in
the FLTCIP standard plan as of October 1, 2009, and those individuals
whose application for the standard plan was received on or before
September 30, 2009, and whose enrollment was approved are eligible to
make changes during the Special Decision Period, provided they are not
in benefit eligible status.
Underwriting requirements: Eligible enrollees who wish to reduce
their coverage or keep their current coverage (subject to any
applicable rate increases) will be able to do so without underwriting.
They may also change to the specified ``landing spot'' without
underwriting. No enrollee's coverage will change unless he or she
voluntarily chooses to change it. Other coverage changes may require
underwriting.
If underwriting is required, eligible enrollees who are active
workforce members or spouses of active workforce members will be
subject to the abbreviated underwriting standards in effect for the
FLTCIP as of October 1, 2009. In accordance with Sec. 875.404(b)(2),
active workforce members who seek to make changes that require
underwriting must be actively at work in order for coverage changes to
become effective. For decision period changes with a January 1, 2010,
effective date, actively at work requirements are modified. For a
coverage change to become effective January 1, 2010, the active
workforce member must be actively at work one day during the month of
December 2009. If underwriting is required for any other eligible
enrollees, they will be subject to the full underwriting standards in
effect for the FLTCIP as of October 1, 2009.
Billing age: For enrollees who retain their current benefits,
premiums are based on the enrollee's age at purchase. For enrollees who
choose to change their benefits, premiums will be determined on a
blended rate basis, taking into account the enrollee's age at purchase
and the enrollee's attained age as of January 1, 2010.
Premiums: Certain current enrollees in the FLTCIP will experience a
premium increase, effective January 1, 2010. The premium increase
affects current enrollees who applied to the FLTCIP on or before
September 30, 2009, who have the Automatic Compound Inflation Option
(ACIO) and whose age at purchase was under 70. Enrollees affected by
the premium increase will receive detailed written information about
the specific amount of the increase from Long Term Care Partners. Long
Term Care Partners will also provide information on how enrollees may
reduce their benefits in order to avoid the premium increase and keep
their new premium approximately the same as their current premium. All
eligible enrollees will also be given an opportunity to change to the
new FLTCIP plan design. Premiums for coverage changes will vary
according to the enrollee's age and the coverage options selected.
Effective date: The effective date of coverage changes that do not
require underwriting will be January 1, 2010, regardless of when the
Special Decision Period request is received. Coverage changes requiring
underwriting will be effective January 1, 2010, or the first day of the
month following approval of the request, whichever is later.
Enrollees who make coverage changes under these provisions will
receive a revised Benefit Booklet and Schedule of Benefits. Enrollees
will have 30 days after the date these items are mailed to cancel their
Special Decision Period coverage changes and revert to their original
coverage or to make another Special Decision Period choice. Enrollees
will receive a refund of any difference in premiums paid for a coverage
change that is cancelled within those 30 days. If enrollees cancel the
coverage change after 30 days, they will not receive a refund of any
difference in premiums paid for the changed coverage, unless those
premiums are for a period after the effective date of the cancellation.
OPM expects to hold a FLTCIP Open Season for all individuals
eligible to apply in late 2010. We will issue a separate Notice in the
Federal Register describing the procedures for that Open Season at a
later time.
Authority: 5 U.S.C. 9008; 5 CFR 875.402.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. E9-23727 Filed 9-30-09; 8:45 am]
BILLING CODE 6325-39-P
