Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program: Excepted Service and Pathways Programs Miscellaneous Clarifications and Corrections, 58381-58382 [2016-20186]

Download as PDF 58381 Rules and Regulations Federal Register Vol. 81, No. 165 Thursday, August 25, 2016 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. OFFICE OF PERSONNEL MANAGEMENT Analysis of and Responses to Public Comments 5 CFR Parts 890 and 894 RIN 3206–AM97 Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program: Excepted Service and Pathways Programs Miscellaneous Clarifications and Corrections U.S. Office of Personnel Management. ACTION: Final rule. AGENCY: The U.S. Office of Personnel Management (OPM) is issuing a final rule to make technical corrections to the Federal Employees Health Benefits Program (FEHBP) and the Federal Employees Dental and Vision Insurance Program (FEDVIP) regulations allowing coverage for participants in the Pathways Programs. The Pathways Programs were created by Executive Order (E.O.) 13562, signed by the President on December 27, 2010, and are designed to enable the Federal Government to compete effectively for students and recent graduates by improving its recruitment efforts through internships and similar programs with Federal agencies. DATES: Effective August 25, 2016. FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, (202) 606–0004, or by email to Ronald.Brown@opm.gov. SUPPLEMENTARY INFORMATION: The Pathways Programs offer clear paths to civil service careers for recent graduates and provide meaningful training, mentoring, and career-development opportunities through internships and similar programs with Federal Government agencies. For more information on the Pathways Programs see the final rule, ‘‘Excepted Service, Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 13:55 Aug 24, 2016 Career and Career-Conditional Employment; and Pathways Programs,’’ available at 77 FR 28193 (May 11, 2012) (Pathways regulation.) On January 6, 2014, OPM published an interim final regulation updating title 5 Code of Federal Regulations, §§ 890.303 and 894.302, to conform with the Pathways regulation. OPM received one comment not related to the substance of this technical correction. Accordingly, this final regulation adopts the interim final regulation with no changes. Jkt 238001 We received one comment on the interim final rule relating to agency guidance materials. Comment: One commenter asked if OPM will issue new guidance to Federal agencies concerning the changed scheduling authority for Pathways Programs participants. Response: OPM is not planning to issue guidance to Federal agencies on this regulation as no substantive policy changes were made. The interim final rule made technical changes to FEHBP and FEDVIP regulations to conform with the final Pathways regulation published on May 11, 2012 (77 FR 28194). The only change to the FEHBP regulation was the title of the schedule appointment authority for Pathways Programs interns. See 5 CFR 890.303(e)(2). In the FEDVIP regulation, the intern programs were renamed. See 5 CFR 894.302(f). Agencies should continue to refer to the supplementary information published in the aforementioned final rule and the guidance that is on the OPM Web site at: https://www.opm.gov/ policy-data-oversight/hiring-authorities/ students-recent-graduates/. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation only affects health and dental and vision insurance benefits of Federal employees and retirees. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. List of Subjects in 5 CFR Parts 890 and 894 Administrative practice and procedure, Government employees, Health insurance, Retirement. U.S. Office of Personnel Management. Beth F. Cobert, Acting Director. Accordingly, OPM is amending 5 CFR chapter I 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. 111–3, 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; 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. Subpart C—Enrollment 2. In § 890.303, revise paragraph (e)(2) to read as follows: ■ § 890.303 Continuation of enrollment. * * * * * (e) * * * (2) However, in the case of an employee who is employed under an OPM approved career-related workstudy program under Schedule D of at least one year’s duration and who is expected to be in a pay status during not less than one-third of the total period of time from the date of the first appointment to the completion of the work-study program, his/her enrollment continues while he/she is in nonpay status so long as he/she is participating in the work-study program. * * * * * E:\FR\FM\25AUR1.SGM 25AUR1 58382 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations PART 894—FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM 3. 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. Subpart C—Eligibility 4. In § 894.302, paragraph (f) is revised to read as follows: ■ § 894.302 What is an excluded position? * * * * * (f) Expected to work fewer than six months in each year. Exception: you are eligible if you receive an appointment of at least one year’s duration as an Intern under § 213.3402(a) of this chapter. To qualify, you must be expected to be in a pay status for at least one-third of the total period of time from the date of the first appointment to the completion of the work-study program. * * * * * [FR Doc. 2016–20186 Filed 8–24–16; 8:45 am] BILLING CODE 6325–63–P FEDERAL DEPOSIT INSURANCE CORPORATION Removal of FDIC Regulations Regarding Fair Credit Reporting Transferred to the Consumer Financial Protection Bureau Federal Deposit Insurance Corporation. ACTION: Final rule; correction. AGENCY: 1. The authority citation for part 334 continues to read as follows: ■ Authority: 12 U.S.C. 1818, 1819 (Tenth), and 1831p–1; 15 U.S.C. 1681a, 1681b, 1681c, 1681m, 1681s, 1681s–2, 1681s–3, 1681t, 1681w, 6801 et seq., Pub. L. 108–159, 117 Stat. 1952. Jkt 238001 2. Remove and reserve appendix C. Subpart E to Part 334 [Removed and Reserved] ■ 3. Remove and reserve appendix E. By order of the Board of Directors. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2016–20328 Filed 8–24–16; 8:45 am] The Federal Deposit Insurance Corporation (‘‘FDIC’’) is correcting a Final Rule that appeared in the Federal Register on October 28, 2015, regarding removal of certain FDIC regulations regarding Fair Credit Reporting transferred to the Consumer Financial Protection Bureau in Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act. DATES: The correction is effective August 25, 2016. FOR FURTHER INFORMATION CONTACT: Richard M. Schwartz, Counsel, Legal Division, (202) 898–7424 or rischwartz@ fdic.gov. SUPPLEMENTARY INFORMATION: The Federal Deposit Insurance Corporation (‘‘FDIC’’) is correcting a Final Rule that appeared in the Federal Register on October 28, 2015 (80 FR 65913), regarding removal of certain FDIC SUMMARY: Lhorne on DSK30JT082PROD with RULES PART 334—FAIR CREDIT REPORTING ■ RIN 3064–AE29 13:55 Aug 24, 2016 Authority and Issuance For the reasons stated in the preamble, the Board of Directors of the Federal Deposit Insurance Corporation amends 12 CFR part 334 by making the following correcting amendments: Subpart C to Part 334 [Removed and Reserved] 12 CFR Part 334 VerDate Sep<11>2014 regulations regarding Fair Credit Reporting transferred to the Consumer Financial Protection Bureau in Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act.1 This publication removed and reserved Subparts C and E to 12 Code of Federal Regulations (CFR) Part 334, but mistakenly failed to remove and reserve the appendices that applied to those Subparts. In FR Doc. 2015–27291, appearing on pages 65913 et seq. in the Federal Register of October 28, 2015, the following correction is made: BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2015–3599; Airspace Docket No. 15–AGL–14] Establishment of Class E Airspace; Dupree, SD Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E en route domestic airspace in the Dupree, SD, area. Controlled airspace is SUMMARY: 1 Public PO 00000 Law 111–203, 124 Stat. 1376 (2010). Frm 00002 Fmt 4700 Sfmt 4700 necessary to facilitate vectoring of Instrument Flight Rules (IFR) aircraft under control of Minneapolis Air Route Traffic Control Center (ARTCC). This action enhances the safety and efficiency of IFR operations within the National Airspace System. This action also removes the Federal airways exclusionary language from the regulatory text. DATES: Effective 0901 UTC, November 10, 2016. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at https:// www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: 202– 267–8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741– 6030, or go to https://www.archives.gov/ federal_register/code_of_federalregulations/ibr_locations.html. FAA Order 7400.9, Airspace Designations and Reporting Points, is published yearly and effective on September 15. FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: (817) 222– 5874. SUPPLEMENTARY INFORMATION: ADDRESSES: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes E:\FR\FM\25AUR1.SGM 25AUR1

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[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58381-58382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20186]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / 
Rules and Regulations

[[Page 58381]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 890 and 894

RIN 3206-AM97


Federal Employees Health Benefits Program and Federal Employees 
Dental and Vision Insurance Program: Excepted Service and Pathways 
Programs Miscellaneous Clarifications and Corrections

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a 
final rule to make technical corrections to the Federal Employees 
Health Benefits Program (FEHBP) and the Federal Employees Dental and 
Vision Insurance Program (FEDVIP) regulations allowing coverage for 
participants in the Pathways Programs. The Pathways Programs were 
created by Executive Order (E.O.) 13562, signed by the President on 
December 27, 2010, and are designed to enable the Federal Government to 
compete effectively for students and recent graduates by improving its 
recruitment efforts through internships and similar programs with 
Federal agencies.

DATES: Effective August 25, 2016.

FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, (202) 
606-0004, or by email to Ronald.Brown@opm.gov.

SUPPLEMENTARY INFORMATION: The Pathways Programs offer clear paths to 
civil service careers for recent graduates and provide meaningful 
training, mentoring, and career-development opportunities through 
internships and similar programs with Federal Government agencies. For 
more information on the Pathways Programs see the final rule, 
``Excepted Service, Career and Career-Conditional Employment; and 
Pathways Programs,'' available at 77 FR 28193 (May 11, 2012) (Pathways 
regulation.) On January 6, 2014, OPM published an interim final 
regulation updating title 5 Code of Federal Regulations, Sec. Sec.  
890.303 and 894.302, to conform with the Pathways regulation. OPM 
received one comment not related to the substance of this technical 
correction. Accordingly, this final regulation adopts the interim final 
regulation with no changes.

Analysis of and Responses to Public Comments

    We received one comment on the interim final rule relating to 
agency guidance materials.
    Comment: One commenter asked if OPM will issue new guidance to 
Federal agencies concerning the changed scheduling authority for 
Pathways Programs participants.
    Response: OPM is not planning to issue guidance to Federal agencies 
on this regulation as no substantive policy changes were made. The 
interim final rule made technical changes to FEHBP and FEDVIP 
regulations to conform with the final Pathways regulation published on 
May 11, 2012 (77 FR 28194). The only change to the FEHBP regulation was 
the title of the schedule appointment authority for Pathways Programs 
interns. See 5 CFR 890.303(e)(2). In the FEDVIP regulation, the intern 
programs were renamed. See 5 CFR 894.302(f).
    Agencies should continue to refer to the supplementary information 
published in the aforementioned final rule and the guidance that is on 
the OPM Web site at: https://www.opm.gov/policy-data-oversight/hiring-authorities/students-recent-graduates/.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the regulation 
only affects health and dental and vision insurance benefits of Federal 
employees and retirees.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

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.

List of Subjects in 5 CFR Parts 890 and 894

    Administrative practice and procedure, Government employees, Health 
insurance, Retirement.

U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.

    Accordingly, OPM is amending 5 CFR chapter I as follows:

PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM

0
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. 111-3, 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; 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.

Subpart C--Enrollment

0
2. In Sec.  890.303, revise paragraph (e)(2) to read as follows:


Sec.  890.303  Continuation of enrollment.

* * * * *
    (e) * * *
    (2) However, in the case of an employee who is employed under an 
OPM approved career-related work-study program under Schedule D of at 
least one year's duration and who is expected to be in a pay status 
during not less than one-third of the total period of time from the 
date of the first appointment to the completion of the work-study 
program, his/her enrollment continues while he/she is in nonpay status 
so long as he/she is participating in the work-study program.
* * * * *

[[Page 58382]]

PART 894--FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM

0
3. 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.

Subpart C--Eligibility

0
4. In Sec.  894.302, paragraph (f) is revised to read as follows:


Sec.  894.302  What is an excluded position?

* * * * *
    (f) Expected to work fewer than six months in each year. Exception: 
you are eligible if you receive an appointment of at least one year's 
duration as an Intern under Sec.  213.3402(a) of this chapter. To 
qualify, you must be expected to be in a pay status for at least one-
third of the total period of time from the date of the first 
appointment to the completion of the work-study program.
* * * * *
[FR Doc. 2016-20186 Filed 8-24-16; 8:45 am]
 BILLING CODE 6325-63-P
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