Federal Employees Health Benefits Acquisition Regulations: Self Plus One and Contract Matrix Update, 12569-12573 [2019-06223]
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Proposed Rules
currently foreclosed. In addition to
procedural barriers to partitioning and
disaggregation, the NPRM seeks
comment on whether there are
substantive barriers with respect to
covered small carriers’ ability to satisfy
performance requirements applicable to
the partitioned or disaggregated
spectrum, and whether reduced
construction obligations or extended
performance deadlines could increase
the number of covered small carriers
that are willing and able to obtain
spectrum through partitioning,
disaggregation, or lease arrangements.
The NPRM seeks comment on these
and any other relevant considerations
regarding special conditions for covered
small carriers that obtain access to
spectrum through partition or
disaggregation. Commenters should
discuss in detail both the necessity and
the likelihood of any such conditions
resulting in increased spectrum
availability for covered small carriers.
Further, in light of the Section 616
requirement that the Commission
consider the administrative feasibility of
special conditions for covered small
carriers, commenters should also
discuss the costs and benefits of any
conditions they advocate.
Incentives to Encourage Lease or Sale.
The NPRM seeks comment on what, if
any, incentives might be appropriate to
encourage licensees to lease or sell
spectrum to covered small carriers or
unaffiliated carriers that will serve rural
areas, including license term extensions
or modified performance requirements.
The NPRM seeks comment on whether
the Commission’s existing secondary
markets rules are sufficiently flexible to
provide adequate incentives for
licensees to sell or lease their spectrum
rights to covered small carriers or
unaffiliated carriers that seek to provide
service to rural areas. The NPRM asks
commenters to discuss the effectiveness
of existing benefits of sale or lease, and
whether further incentives would be
likely to encourage licensees to lease or
sell spectrum. For example, the NPRM
seeks comment on whether and how
modified performance requirements or
longer license terms might encourage
more licensees to sell or lease their
spectrum rights. The Commission asks
commenters to discuss the incremental
benefits of increasing the number of
spectrum sales or leases relative to the
potential collateral effects that such
incentives may have. For example,
while reduced buildout requirements
may increase the number of licensees
willing to lease spectrum, it may also
decrease deployment of advanced
wireless services in those license areas
as a result of the reduced performance
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requirements. The NPRM therefore
seeks comment on the specific costs and
benefits of any incentives that
commenters advocate and the relative
weight the Commission should apply in
evaluating whether those incentives
would be likely to result in increased
availability of advanced
telecommunications services in rural
areas.
The NPRM also seeks comment on
whether allowing spectrum
‘‘reaggregation’’ for spectrum that has
been partitioned or disaggregated on the
secondary market—up to the size of the
original market area—would increase
the incentives of parties to lease or sell
spectrum in the first place, and thus
ultimately meet the dual goals of
increasing the availability of advanced
telecommunications services in rural
areas and facilitating access to spectrum
by covered small carriers. Under the
Commission’s current rules, while
licensees may partition and disaggregate
their licenses through spectrum
transactions, there is no provision for
reaggregating spectrum, even when the
partitioned or disaggregated portions of
an original market area are acquired by
a single entity. Holding multiple
licenses for what was once a single
license may impose certain regulatory
and administrative burdens on
licensees, including construction
requirements, renewal showings,
continuous service requirements, and
the need to maintain up-to-date
information in ULS. In the context of
other proceedings, some parties have
asked the Commission to allow
reaggregation of spectrum to ease these
burdens.16 The NPRM seeks comment
on the relationship between reducing
these burdens and incentivizing
spectrum transactions.
If commenters advocate for incentives
such as modified performance
requirements, longer license terms,
spectrum reaggregation, or another
incentive, the Commission directs them
to describe in detail how the incentive
would likely increase the availability of
advanced telecommunications services
in rural areas or facilitate access to
spectrum by covered small carriers.
Further, in light of the Section 616
requirement that the Commission
consider the administrative feasibility of
providing incentives to lease or sell
spectrum, commenters should also
discuss the costs and benefits of any
incentives they advocate.
16 See, e.g., Sprint Comments, WT Docket No. 10–
112, at 19–20 (filed Aug. 6, 2010); AT&T Reply
Comments, WT Docket No. 10–112, at 12 (filed Aug.
23, 2010).
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12569
II. Procedural Matters
Initial Regulatory Flexibility Act
Analysis
As required by the Regulatory
Flexibility Act of 1980 (RFA), the
Commission has prepared an Initial
Regulatory Flexibility Analysis (IRFA)
of the possible significant economic
impact on small entities of the policies
and rules proposed in this document.
We request written public comment on
the IRFA. Comments must be filed in
accordance with the same deadlines as
comments filed in response to the
NPRM as set forth on the first page of
this document, and have a separate and
distinct heading designating them as
responses to the IRFA. The
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, will send a copy of
the NPRM, including the IRFA, to the
Chief Counsel for Advocacy of the Small
Business Administration.
Initial Paperwork Reduction Act
Analysis
The NPRM contains proposed new
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
OMB to comment on the information
collection requirements contained in
this document, as required by PRA. In
addition, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4), the Commission seeks
specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2019–06348 Filed 4–1–19; 8:45 am]
BILLING CODE 6712–01–P
OFFICE OF PERSONNEL
MANAGEMENT
48 CFR Parts 1603 and 1652
RIN 3206–AN56
Federal Employees Health Benefits
Acquisition Regulations: Self Plus One
and Contract Matrix Update
Office of Personnel
Management.
ACTION: Proposed rule.
AGENCY:
The Office of Personnel
Management (OPM) is issuing this
SUMMARY:
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Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Proposed Rules
proposed rule to update its regulations
concerning ‘‘self plus one’’ and the
contract matrix. OPM is updating the
Federal Employees Health Benefits
Acquisition Regulations (FEHBAR) to
include a recently added enrollment
type called ‘‘self plus one’’ to the carrier
advertising instructions and also
provides notice to interested
stakeholders that we are updating and
clarifying the contract clause matrix.
DATES: OPM must receive comments by
May 2, 2019.
ADDRESSES: You may submit comments
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by the following method:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
All submissions received must include
the agency name and docket number or
RIN for this document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Michael W. Kaszynski, Senior Policy
Analyst, at Michael.Kaszynski@opm.gov
or 202–606–1994.
SUPPLEMENTARY INFORMATION: This
proposed regulation amends the
FEHBAR to list a ‘‘self plus one’’
enrollment type in the carrier
advertising instructions so that carriers
will be required to list all current
enrollment types when advertising their
health plans enrollment codes and
premium rates to enrollees. This change
is a technical correction and does not
alter current FEHB family member
eligibility guidelines.
This proposed regulation also
provides notice to interested
stakeholders that we are updating and
clarifying the contract clause matrix.
Annually, OPM determines which FAR
and FEHBAR contract clauses are
applicable to FEHB carrier contracts and
we include the appropriate clauses in
the carrier contracts. We also publish
clauses and clause headings in the
FEHBAR in order to give the clauses
legal regulatory authority. This gives
new carriers joining the FEHB Program
the benefit of seeing OPM’s required
clauses in regulation for consideration
prior to submitting an application for
participation in the FEHB Program. This
proposed regulation brings the contract
clause matrix in line with the current
Federal Acquisition Regulations (FAR)
and FEHBAR contract clauses used in
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all Federal Employees Health Benefits
(FEHB) Program carrier contracts.
Section 706 of the Bipartisan Budget
Act of 2013 amended chapter 89 of title
5 United States Code (U.S.C) by adding
a self plus one enrollment type for
Federal employees and annuitants
under the FEHB Program. The self plus
one enrollment type became available
during the 2015 Open Season for the
2016 plan year and was codified in a
final rule at https://
www.federalregister.gov/documents/
2015/09/17/2015-23348/federalemployees-health-benefits-program-selfplus-one-enrollment-type. A self plus
one enrollment covers the enrollee and
one eligible family member, designated
by the enrollee. Eligible family members
under a self plus one enrollment
include a spouse or eligible child as set
forth in § 890.302 of title 5 CFR.
OPM manages the FEHB program
which is executed with contractors
managing and providing the FEHB
benefits to government employees. This
rule proposes to update the Federal
Employee Health Benefits Acquisition
Regulations (FEHBAR) to implement the
‘‘self plus one’’ program via FEHB
contracts, and make the FEHB contract
clauses consistent with current FAR and
FEHBAR clause requirements.
Specifically, the regulation amends the
FEHBAR at 48 CFR part 1603 to list a
self plus one enrollment type in the
advertising instructions. OPM considers
this change a technical correction as it
does not change the operational
requirements of the FEHB program and
does not alter current FEHB family
member eligibility guidelines.
This regulation also provides notice to
interested stakeholders that we are
updating the contract clause matrix at
48 CFR 1652.370. This will bring the
matrix in line with current FAR and
FEHBAR contract clauses used in all
FEHB Program carrier contracts. The
matrix at FEHBAR section 1652.370 lists
the FAR and FEHBAR clauses to be
used in contracts based on cost analysis
and contracts based on a combination of
cost and price analysis. Carriers must
comply with all matrix clauses during
their participation in the FEHB Program.
Certain contract clauses are mandatory
for FEHB contracts and others are used
only when made applicable by pertinent
sections of the FAR or FEHBAR. This
regulation updates the matrix to include
all current contract clauses.
Regulatory Impact Analysis
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
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approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 also emphasizes
the importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule is not a significant
regulatory action under E.O. 12866.
Reducing Regulation and Controlling
Regulatory Costs
This proposed rule is not expected to
be an E.O. 13771 regulatory action
because this proposed rule is not
significant under E.O. 12866.
Regulatory Flexibility Act
The Office of Personnel Management
certifies that this rule 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, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of no
agency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
Paperwork Reduction Act
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
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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 Health Benefits Election, SF 2809,
OMB no. 3206–0160. 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
SORN GOVT–1 General Personnel
Records and OPM SORN CENTRAL–18Federal Employees Health Benefits
Program Claims Data Warehouse.
List of Subjects in 48 CFR Parts 1603
and 1652
Government employees, Government
procurement, Health insurance,
Reporting and recordkeeping
requirements.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM is proposing to
amend title 48, Code of Federal
Regulations, parts 1603 and 1652 as
follows:
PART 1603—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
1. The authority citation for part 1603
continues to read as follows:
■
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
48 CFR 1.301.
2. Section 1603.7002 paragraph (e) is
revised to read as follows:
■
1603.7002
Additional guidelines.
*
*
*
*
*
(e) Not give instructions on
enrollment. Statements on enrollment
procedures, requirements, or eligibility
shall be limited to those such as: To sign
up, fill out a Health Benefits Election
Form (Standard Form 2809) from your
personnel office indicating the
enrollment you want or use your
agency’s electronic enrollment system:
The enrollment codes for (plan’s
name) are:
Self Only _Enrollment Code _
Self Plus One _Enrollment Code _
Self and Family _Enrollment Code _
The form must then be returned to
your personnel office before the (date)
deadline. Your (plan’s name) coverage
will begin the first pay period in
January, (year). If you are a retired
Federal employee and need forms,
contact the Office of Personnel
Management, 1900 E Street NW, Attn:
Retirement Benefits Branch,
Washington, DC 20415 or visit
www.opm.gov/forms.
PART 1652—CONTRACT CLAUSES
3. The authority citation for part 1652
continues to read as follows:
■
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c);
48 CFR 1.301.
4. Section 1652.370 is revised as
follows
■
1652.370
Use of the matrix.
(a) The matrix in this section lists the
FAR and FEHBAR clauses to be used
with contracts based on cost analysis
and contracts based on a combination of
cost and price analysis. Carriers shall
submit initial applications and requests
for renewals on the basis that the new
contract or contract renewal will
include the clauses indicated.
(b) Certain contract clauses are
mandatory for FEHBP contracts. Other
clauses are to be used only when made
applicable by pertinent sections of the
FAR or FEHBAR. An ‘‘M’’ in the ‘‘Use
Status’’ column indicates that the clause
is mandatory. An ‘‘A’’ indicates that the
clause is to be used only when the
applicable conditions are met.
(c) Clauses are incorporated in the
contract either in full text or by
reference. If the full text is to be used,
the matrix indicates a ‘‘T’’. If the clause
is incorporated by reference, the matrix
indicates an ‘‘R’’.
FEHBP CLAUSE MATRIX
Title
Use status
Use with
experience
rated
contracts
Use with
community
rate
contracts
Definitions ...............................................................................
Gratuities ................................................................................
Covenant Against Contingent Fees .......................................
Anti-Kickback Procedures ......................................................
Limitation on Payments to Influence Certain Federal Transactions.
Contractor Code of Business Ethics and Conduct ................
Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights.
Prohibition Requiring Internal Confidentiality Agreements or
Statements.
System For Rewards Management .......................................
Personnel Identity Verification of Contractor Personnel ........
Basic Safeguarding of Contractor Information Systems ........
Updates of Publically Available Information Regarding Responsibility Matters.
Misleading, Deceptive, or Unfair Advertising .........................
Contractor Records Retention ................................................
Coordination of Benefits .........................................................
Filing Health Benefit Claims/Court Review of Disputed
Claims.
Taxpayer Identification Number .............................................
Large Provider Agreements ...................................................
M
M
M
M
M
T
T
T
T
T
T
T
T
T
T
M
M
T
T
T
T
M
T
T
M
M
M
M
T
T
T
T
T
T
T
T
M
M
M
M
T
T
T
T
T
T
T
T
M
M
T
T
T
Clause
FAR
FAR
FAR
FAR
FAR
52.202–1 .........................
52.203–3 .........................
52.203–5 .........................
52.203–7 .........................
52.203–12 .......................
FAR 52.203–13 .......................
FAR 52.203–17 .......................
FAR 52.203–19 .......................
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FAR
FAR
FAR
FAR
52.204–7 .........................
52.204–9 .........................
52.204–21 .......................
52.209–9 .........................
1652.203–70
1652.204–70
1652.204–71
1652.204–72
...........................
...........................
...........................
...........................
1652.204–73 ...........................
1652.204–74 ...........................
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FEHBP CLAUSE MATRIX—Continued
Clause
Title
Use status
Use with
experience
rated
contracts
Use with
community
rate
contracts
FAR 52.209–6 .........................
Protecting the Government’s Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment.
Audit & Records—Negotiation ...............................................
Price Reduction for Defective Cost or Pricing Data ..............
Subcontractor Certified Cost or Pricing Data .........................
Pension Adjustments and Asset Reversions .........................
Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.
Rate Reduction for Defective Pricing or Defective Cost or
Pricing Data.
Investment Income .................................................................
Accounting and Price Adjustment ..........................................
Accounting and Allowable Cost .............................................
Utilization of Small Business Concerns .................................
Notice to the Government of Labor Disputes ........................
Convict Labor .........................................................................
Contract Work Hours and Safety Standards Act—Overtime
Compensation.
Prohibition of Segregated Facilities .......................................
Equal Opportunity ...................................................................
Notification of Visa Denial ......................................................
Equal Opportunity for Veterans ..............................................
Equal Opportunity for Workers With Disabilities ....................
Employment Reports on Veterans .........................................
Combating Trafficking in Persons ..........................................
Employment Eligibility Verification .........................................
Notice of Significant Events ...................................................
Drug-Free Workplace .............................................................
Encouraging Contractor Policies to Ban Text Messaging
While Driving.
Confidentiality of Records ......................................................
Authorization and Consent .....................................................
Notice and Assistance Regarding Patent and Copyright Infringement.
Federal, State and Local Taxes (State and local Adjustments.
Taxes—Foreign Negotiated Benefits Contracts .....................
Discounts for Prompt Payment ..............................................
Interest ....................................................................................
Assignment of Claims ............................................................
Payment by Electronic Funds Transfer—System for Awards
Management.
Payments—Community-Rated Contracts ..............................
Payments—Experience-Rated Contracts ...............................
Non-Commingling of FEHBP Funds ......................................
Approval for Assignment of Claims ........................................
Disputes ..................................................................................
Applicable Law for Breach of Contract Claim ........................
Privacy or Security Safeguards ..............................................
Notice of Intent to Disallow Costs ..........................................
Penalties for Unallowable Costs ............................................
Bankruptcy ..............................................................................
Changes—Negotiated Benefits Contracts .............................
Competition in Subcontracting ...............................................
Subcontracts for Commercial Items .......................................
Subcontracts ...........................................................................
Government Property (Negotiated Benefits Contracts) .........
Limitation of Liability—Services .............................................
FEHB Inspection ....................................................................
Preference for U.S.-Flag Air Carriers .....................................
Renewal and Withdrawal of Approval ....................................
FEHBP Termination for Convenience of the Government—
Negotiated Benefits Contracts.
FEHBP Termination for Default—Negotiated Benefits Contracts.
Government Supply Sources .................................................
Alterations in Contract ............................................................
Authorized Deviations in Clauses ..........................................
M
T
T
M
M
M
M
M
T
T
T
T
T
T
M
T
T
M
M
M
M
M
M
M
T
........................
T
T
T
T
T
T
T
T
T
M
M
A
M
M
M
M
M
M
A
M
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
M
M
M
T
T
T
T
T
T
M
T
T
A
M
M
A
M
T
T
T
T
T
T
T
T
T
T
A
A
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
M
........................
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
M
T
T
A
A
M
T
T
T
T
T
FAR
FAR
FAR
FAR
FAR
52.215–2 .........................
52.215–10 .......................
52.215–12 .......................
52.215–15 .......................
52.215–18 .......................
1652.215–70 ...........................
1652.215–71 ...........................
1652.216–70 ...........................
1652.216–71 ...........................
FAR 52.219–8 .........................
FAR 52.222–1 .........................
FAR 52.222–3 .........................
FAR 52.222–4 .........................
FAR 52.222–21 .......................
FAR 52.222–26 .......................
FAR 52.222–29 .......................
FAR 52.222–35 .......................
FAR 52.222–36 .......................
FAR 52.222–37 .......................
FAR 52.222–50 .......................
FAR 52.222.54 ........................
1652.222–70 ...........................
FAR 52.223–6 .........................
FAR 52.223–18 .......................
1652.224–70 ...........................
FAR 52.227–1 .........................
FAR 52.227–2 .........................
FAR 52.229–4 .........................
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1652.229–70 ...........................
FAR 52.232–8 .........................
FAR 52.232–17 .......................
FAR 52.232–23 .......................
FAR 52.232–33 .......................
1652.232–70 ...........................
1652.232–71 ...........................
1652.232–72 ...........................
1652.232–73 ...........................
FAR 52.233–1 .........................
FAR 52.233–4 .........................
FAR 52.239–1 .........................
FAR 52.242–1 .........................
FAR 52.242–3 .........................
FAR 52.242–13 .......................
1652.243–70 ...........................
FAR 52.244–5 .........................
FAR 52.244–6 .........................
1652.244–70 ...........................
1652.245–70 ...........................
FAR 52.246–25 .......................
1652.246–70 ...........................
FAR 52.247–63 .......................
1652.249–70 ...........................
1652.249–71 ...........................
1652.249–72 ...........................
FAR 52.251–1 .........................
FAR 52.252–4 .........................
FAR 52.252–6 .........................
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T
T
T
T
T
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T
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T
Federal Register / Vol. 84, No. 63 / Tuesday, April 2, 2019 / Proposed Rules
[FR Doc. 2019–06223 Filed 4–1–19; 8:45 am]
BILLING CODE 6325–38–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BI11
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Spiny
Lobster Fishery of the Gulf of Mexico
and South Atlantic; Amendment 13
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The Gulf of Mexico (Gulf) and
South Atlantic Fishery Management
Councils (Councils) have submitted
Amendment 13 to the Fishery
Management Plan for Spiny Lobster in
the Gulf of Mexico and South Atlantic
(FMP), for review, approval, and
implementation by NMFS. Amendment
13 would modify the applicable Federal
regulations for the harvest of spiny
lobster in the exclusive economic zone
(EEZ) off Florida to be compatible with
Florida regulations, and would reestablish a procedure for an enhanced
cooperative management with Florida.
The purpose of Amendment 13 is to
more effectively manage and enforce the
harvest of spiny lobster.
DATES: Written comments on
Amendment 13 must be received on or
before June 3, 2019.
ADDRESSES: You may submit comments
on Amendment 13, identified by
‘‘NOAA–NMFS–2018–0088’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180088, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Susan Gerhart, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
• Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
amozie on DSK9F9SC42PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:52 Apr 01, 2019
Jkt 247001
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendment 13
may be obtained from the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/
amendment-13-modifications-spinylobster-gear-requirements-andcooperative-management. Amendment
13 includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact
review.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, Southeast Regional
Office, NMFS, telephone: 727–824–
5305; email: Susan.Gerhart@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or amendment to
NMFS for review and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The FMP being revised by
Amendment 13 was prepared by the
Councils and implemented by NMFS
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Act.
Background
In the Gulf and South Atlantic, spiny
lobster are harvested primarily off the
coast of Florida. The original FMP,
implemented in 1982, largely
complemented Florida’s management
regime and provided protection for the
fishery throughout its range in the Gulf
and the South Atlantic (47 FR 29202;
July 2, 1982). The FMP adopted many
of the management measures
implemented by Florida to achieve its
conservation and management
objectives and effectively coordinate
management with Florida. However, it
was difficult to keep Federal regulations
consistent with changing state
regulations because Florida can adjust
its management measures more quickly
than the Councils and NMFS can
change Federal regulations. As a result,
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
12573
NMFS and the Councils developed
Amendment 2 to the FMP (54 FR 48059;
November 20, 1989), which established
a procedure to allow Florida to directly
propose to NMFS its state spiny lobster
regulations for subsequent
implementation in the EEZ off Florida.
That procedure was developed to
provide a more timely regulatory
mechanism to implement compatible
regulations and a more formal process
for state and Federal coordination.
In 2017, representatives from the
Florida Fish and Wildlife Conservation
Commission contacted the NMFS
Southeast Regional Office requesting
that Federal regulations be aligned with
Florida state regulations concerning
requirements for spiny lobster bully net
gear and for daily commercial
possession limits of spiny lobster
harvested by bully net or diving.
However, NMFS determined that the
previously established cooperative
management procedure for the spiny
lobster protocol established in
Amendment 2 was removed in
Amendment 10 to the FMP (76 FR
75488; December 2, 2011).
Consequently, there is no procedure to
implement regulations proposed by
Florida without a plan amendment or
framework to the FMP developed by the
Council. These more lengthy processes
are inconsistent with promoting
compatible regulations for the fishery
off Florida.
Actions Contained in Amendment 13
Amendment 13 includes measures to
modify the Federal regulations for the
harvest of spiny lobster that apply in the
EEZ off Florida to be compatible with
Florida regulations concerning bully net
gear requirements and commercial daily
possession limits when using bully nets
or diving. These changes include
updating the incorporations by
reference to the Florida regulations, as
appropriate. Amendment 13 would also
re-establish a procedure for an enhanced
cooperative management system to
provide the state of Florida with a
mechanism to propose spiny lobster
regulations directly to NMFS for
implementation, without a full
amendment or framework action to the
FMP.
Florida Bully Net Permit and Gear
Marking Requirements and Prohibitions
In 2017, Florida implemented a bully
net permit, gear marking requirements,
and gear prohibitions. There is limited
information as to how much spiny
lobster bully netting effort occurs in the
Federal waters off Florida. However,
stakeholders have expressed concerns
that spiny lobster bully net vessels are
E:\FR\FM\02APP1.SGM
02APP1
]]>Agencies
[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Proposed Rules]
[Pages 12569-12573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06223]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
48 CFR Parts 1603 and 1652
RIN 3206-AN56
Federal Employees Health Benefits Acquisition Regulations: Self
Plus One and Contract Matrix Update
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is issuing this
[[Page 12570]]
proposed rule to update its regulations concerning ``self plus one''
and the contract matrix. OPM is updating the Federal Employees Health
Benefits Acquisition Regulations (FEHBAR) to include a recently added
enrollment type called ``self plus one'' to the carrier advertising
instructions and also provides notice to interested stakeholders that
we are updating and clarifying the contract clause matrix.
DATES: OPM must receive comments by May 2, 2019.
ADDRESSES: You may submit comments identified by docket number and/or
Regulatory Information Number (RIN) and title, by the following method:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
All submissions received must include the agency name and docket number
or RIN for this document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing at https://www.regulations.gov as they are
received without change, including any personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Senior Policy
Analyst, at [email protected] or 202-606-1994.
SUPPLEMENTARY INFORMATION: This proposed regulation amends the FEHBAR
to list a ``self plus one'' enrollment type in the carrier advertising
instructions so that carriers will be required to list all current
enrollment types when advertising their health plans enrollment codes
and premium rates to enrollees. This change is a technical correction
and does not alter current FEHB family member eligibility guidelines.
This proposed regulation also provides notice to interested
stakeholders that we are updating and clarifying the contract clause
matrix. Annually, OPM determines which FAR and FEHBAR contract clauses
are applicable to FEHB carrier contracts and we include the appropriate
clauses in the carrier contracts. We also publish clauses and clause
headings in the FEHBAR in order to give the clauses legal regulatory
authority. This gives new carriers joining the FEHB Program the benefit
of seeing OPM's required clauses in regulation for consideration prior
to submitting an application for participation in the FEHB Program.
This proposed regulation brings the contract clause matrix in line with
the current Federal Acquisition Regulations (FAR) and FEHBAR contract
clauses used in all Federal Employees Health Benefits (FEHB) Program
carrier contracts.
Section 706 of the Bipartisan Budget Act of 2013 amended chapter 89
of title 5 United States Code (U.S.C) by adding a self plus one
enrollment type for Federal employees and annuitants under the FEHB
Program. The self plus one enrollment type became available during the
2015 Open Season for the 2016 plan year and was codified in a final
rule at https://www.federalregister.gov/documents/2015/09/17/2015-23348/federal-employees-health-benefits-program-self-plus-one-enrollment-type. A self plus one enrollment covers the enrollee and one
eligible family member, designated by the enrollee. Eligible family
members under a self plus one enrollment include a spouse or eligible
child as set forth in Sec. 890.302 of title 5 CFR.
OPM manages the FEHB program which is executed with contractors
managing and providing the FEHB benefits to government employees. This
rule proposes to update the Federal Employee Health Benefits
Acquisition Regulations (FEHBAR) to implement the ``self plus one''
program via FEHB contracts, and make the FEHB contract clauses
consistent with current FAR and FEHBAR clause requirements.
Specifically, the regulation amends the FEHBAR at 48 CFR part 1603 to
list a self plus one enrollment type in the advertising instructions.
OPM considers this change a technical correction as it does not change
the operational requirements of the FEHB program and does not alter
current FEHB family member eligibility guidelines.
This regulation also provides notice to interested stakeholders
that we are updating the contract clause matrix at 48 CFR 1652.370.
This will bring the matrix in line with current FAR and FEHBAR contract
clauses used in all FEHB Program carrier contracts. The matrix at
FEHBAR section 1652.370 lists the FAR and FEHBAR clauses to be used in
contracts based on cost analysis and contracts based on a combination
of cost and price analysis. Carriers must comply with all matrix
clauses during their participation in the FEHB Program. Certain
contract clauses are mandatory for FEHB contracts and others are used
only when made applicable by pertinent sections of the FAR or FEHBAR.
This regulation updates the matrix to include all current contract
clauses.
Regulatory Impact Analysis
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). Executive
Order 13563 also emphasizes the importance of quantifying both costs
and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is not a significant regulatory action under
E.O. 12866.
Reducing Regulation and Controlling Regulatory Costs
This proposed rule is not expected to be an E.O. 13771 regulatory
action because this proposed rule is not significant under E.O. 12866.
Regulatory Flexibility Act
The Office of Personnel Management certifies that this rule 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, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of no agency parties and, accordingly, is not a ``rule'' as
that term is used by the Congressional Review Act (Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).
Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a
[[Page 12571]]
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 Health Benefits Election, SF 2809, OMB no. 3206-
0160. 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 SORN GOVT-1 General Personnel Records and OPM SORN CENTRAL-18-
Federal Employees Health Benefits Program Claims Data Warehouse.
List of Subjects in 48 CFR Parts 1603 and 1652
Government employees, Government procurement, Health insurance,
Reporting and recordkeeping requirements.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM is proposing to amend title 48, Code of Federal
Regulations, parts 1603 and 1652 as follows:
PART 1603--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
1. The authority citation for part 1603 continues to read as follows:
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301.
0
2. Section 1603.7002 paragraph (e) is revised to read as follows:
1603.7002 Additional guidelines.
* * * * *
(e) Not give instructions on enrollment. Statements on enrollment
procedures, requirements, or eligibility shall be limited to those such
as: To sign up, fill out a Health Benefits Election Form (Standard Form
2809) from your personnel office indicating the enrollment you want or
use your agency's electronic enrollment system:
The enrollment codes for (plan's name) are:
Self Only _Enrollment Code _
Self Plus One _Enrollment Code _
Self and Family _Enrollment Code _
The form must then be returned to your personnel office before the
(date) deadline. Your (plan's name) coverage will begin the first pay
period in January, (year). If you are a retired Federal employee and
need forms, contact the Office of Personnel Management, 1900 E Street
NW, Attn: Retirement Benefits Branch, Washington, DC 20415 or visit
www.opm.gov/forms.
PART 1652--CONTRACT CLAUSES
0
3. The authority citation for part 1652 continues to read as follows:
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301.
0
4. Section 1652.370 is revised as follows
1652.370 Use of the matrix.
(a) The matrix in this section lists the FAR and FEHBAR clauses to
be used with contracts based on cost analysis and contracts based on a
combination of cost and price analysis. Carriers shall submit initial
applications and requests for renewals on the basis that the new
contract or contract renewal will include the clauses indicated.
(b) Certain contract clauses are mandatory for FEHBP contracts.
Other clauses are to be used only when made applicable by pertinent
sections of the FAR or FEHBAR. An ``M'' in the ``Use Status'' column
indicates that the clause is mandatory. An ``A'' indicates that the
clause is to be used only when the applicable conditions are met.
(c) Clauses are incorporated in the contract either in full text or
by reference. If the full text is to be used, the matrix indicates a
``T''. If the clause is incorporated by reference, the matrix indicates
an ``R''.
FEHBP Clause Matrix
----------------------------------------------------------------------------------------------------------------
Use with Use with
Clause Title Use status experience community rate
rated contracts contracts
----------------------------------------------------------------------------------------------------------------
FAR 52.202-1................. Definitions................... M T T
FAR 52.203-3................. Gratuities.................... M T T
FAR 52.203-5................. Covenant Against Contingent M T T
Fees.
FAR 52.203-7................. Anti-Kickback Procedures...... M T T
FAR 52.203-12................ Limitation on Payments to M T T
Influence Certain Federal
Transactions.
FAR 52.203-13................ Contractor Code of Business M T T
Ethics and Conduct.
FAR 52.203-17................ Contractor Employee M T T
Whistleblower Rights and
Requirement to Inform
Employees of Whistleblower
Rights.
FAR 52.203-19................ Prohibition Requiring Internal M T T
Confidentiality Agreements or
Statements.
FAR 52.204-7................. System For Rewards Management. M T T
FAR 52.204-9................. Personnel Identity M T T
Verification of Contractor
Personnel.
FAR 52.204-21................ Basic Safeguarding of M T T
Contractor Information
Systems.
FAR 52.209-9................. Updates of Publically M T T
Available Information
Regarding Responsibility
Matters.
1652.203-70.................. Misleading, Deceptive, or M T T
Unfair Advertising.
1652.204-70.................. Contractor Records Retention.. M T T
1652.204-71.................. Coordination of Benefits...... M T T
1652.204-72.................. Filing Health Benefit Claims/ M T T
Court Review of Disputed
Claims.
1652.204-73.................. Taxpayer Identification Number M T T
1652.204-74.................. Large Provider Agreements..... M T
[[Page 12572]]
FAR 52.209-6................. Protecting the Government's M T T
Interest When Subcontracting
With Contractors Debarred,
Suspended, or Proposed for
Debarment.
FAR 52.215-2................. Audit & Records--Negotiation.. M T T
FAR 52.215-10................ Price Reduction for Defective M T
Cost or Pricing Data.
FAR 52.215-12................ Subcontractor Certified Cost M T
or Pricing Data.
FAR 52.215-15................ Pension Adjustments and Asset M T
Reversions.
FAR 52.215-18................ Reversion or Adjustment of M T
Plans for Postretirement
Benefits (PRB) Other Than
Pensions.
1652.215-70.................. Rate Reduction for Defective M T T
Pricing or Defective Cost or
Pricing Data.
1652.215-71.................. Investment Income............. M T
1652.216-70.................. Accounting and Price M ............... T
Adjustment.
1652.216-71.................. Accounting and Allowable Cost. M T
FAR 52.219-8................. Utilization of Small Business M T T
Concerns.
FAR 52.222-1................. Notice to the Government of M T T
Labor Disputes.
FAR 52.222-3................. Convict Labor................. M T T
FAR 52.222-4................. Contract Work Hours and Safety M T T
Standards Act--Overtime
Compensation.
FAR 52.222-21................ Prohibition of Segregated M T T
Facilities.
FAR 52.222-26................ Equal Opportunity............. M T T
FAR 52.222-29................ Notification of Visa Denial... A T T
FAR 52.222-35................ Equal Opportunity for Veterans M T T
FAR 52.222-36................ Equal Opportunity for Workers M T T
With Disabilities.
FAR 52.222-37................ Employment Reports on Veterans M T T
FAR 52.222-50................ Combating Trafficking in M T T
Persons.
FAR 52.222.54................ Employment Eligibility M T T
Verification.
1652.222-70.................. Notice of Significant Events.. M T T
FAR 52.223-6................. Drug-Free Workplace........... A T T
FAR 52.223-18................ Encouraging Contractor M T T
Policies to Ban Text
Messaging While Driving.
1652.224-70.................. Confidentiality of Records.... M T T
FAR 52.227-1................. Authorization and Consent..... M T T
FAR 52.227-2................. Notice and Assistance M T T
Regarding Patent and
Copyright Infringement.
FAR 52.229-4................. Federal, State and Local Taxes M T T
(State and local Adjustments.
1652.229-70.................. Taxes--Foreign Negotiated A T T
Benefits Contracts.
FAR 52.232-8................. Discounts for Prompt Payment.. M T T
FAR 52.232-17................ Interest...................... M T T
FAR 52.232-23................ Assignment of Claims.......... A T T
FAR 52.232-33................ Payment by Electronic Funds M T T
Transfer--System for Awards
Management.
1652.232-70.................. Payments--Community-Rated A ............... T
Contracts.
1652.232-71.................. Payments--Experience-Rated A T
Contracts.
1652.232-72.................. Non-Commingling of FEHBP Funds M T
1652.232-73.................. Approval for Assignment of M T T
Claims.
FAR 52.233-1................. Disputes...................... M T T
FAR 52.233-4................. Applicable Law for Breach of M T T
Contract Claim.
FAR 52.239-1................. Privacy or Security Safeguards M T T
FAR 52.242-1................. Notice of Intent to Disallow M T
Costs.
FAR 52.242-3................. Penalties for Unallowable M T
Costs.
FAR 52.242-13................ Bankruptcy.................... M T T
1652.243-70.................. Changes--Negotiated Benefits M T T
Contracts.
FAR 52.244-5................. Competition in Subcontracting. M T
FAR 52.244-6................. Subcontracts for Commercial M T
Items.
1652.244-70.................. Subcontracts.................. M T
1652.245-70.................. Government Property M T T
(Negotiated Benefits
Contracts).
FAR 52.246-25................ Limitation of Liability-- M T
Services.
1652.246-70.................. FEHB Inspection............... M T T
FAR 52.247-63................ Preference for U.S.-Flag Air M T T
Carriers.
1652.249-70.................. Renewal and Withdrawal of M T T
Approval.
1652.249-71.................. FEHBP Termination for M T T
Convenience of the
Government--Negotiated
Benefits Contracts.
1652.249-72.................. FEHBP Termination for Default-- M T T
Negotiated Benefits Contracts.
FAR 52.251-1................. Government Supply Sources..... A T
FAR 52.252-4................. Alterations in Contract....... A T T
FAR 52.252-6................. Authorized Deviations in M T T
Clauses.
----------------------------------------------------------------------------------------------------------------
[[Page 12573]]
[FR Doc. 2019-06223 Filed 4-1-19; 8:45 am]
BILLING CODE 6325-38-P
