This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

5935

Vol. 69, No. 26

Monday, February 9, 2004

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 890 

RIN 3206–AK04 

Changes in Health Benefits Enrollment

AGENCY: Office of Personnel 

Management.

ACTION: Proposed rule.

SUMMARY: The Office of Personnel 

Management (OPM) is issuing proposed 

regulations on changes in health 

benefits enrollment for annuitants or 

survivor annuitants when a carrier 

terminates participation in the Federal 

Employees Health Benefits (FEHB) 

Program. We are proposing to amend 

the regulations to give OPM the 

authority to enroll annuitants in 

whichever option of the BC/BS Service 

Benefit Plan it determines will most 

closely approximate the terminated 

plan.

DATES: OPM must receive comments on 

or before April 9, 2004.

ADDRESSES: Send written comments to 

Abby L. Block, Deputy Associate 

Director for Employee and Family 

Support Policy, Strategic Human 

Resources Policy Division, Office of 

Personnel Management, 1900 E Street, 

NW., Washington, DC 20415–3666; or 

deliver to OPM, Room 3400, 1900 E 

Street, NW., Washington, DC; or FAX to 

(202) 606–0633.

FOR FURTHER INFORMATION CONTACT:

Nataya Battle, (202) 606–1874, or e-mail 

to nbattle@opm.gov.

SUPPLEMENTARY INFORMATION: 

Background 

Effective August 18, 1997, OPM 

amended 5 CFR 890.306(l)(4) to 

authorize OPM to enroll an annuitant in 

the standard option of the Service 

Benefit Plan when the annuitants’ 

health plan terminates participation in 

whole or in part in the FEHB Program 

and the annuitant fails to elect to change 

to another participating health plan. At 

that time, the BC/BS Service Benefit 

Plan offered the high option and the 

standard option. The standard option 

was the lower level of benefits with a 

lower premium cost. Beginning with the 

January 1, 2002 contract year, the BC/BS 

Service Benefit Plan merged the high 

option coverage into the standard option 

coverage and added a basic option. The 

standard option is now the highest level 

of coverage offered with the more costly 

premium rate. 

In the existing regulation, an 

annuitant who does not elect to change 

health plans is deemed to have enrolled 

in the standard option, or if the plan he 

or she was enrolled in had two options, 

he or she is deemed to have enrolled in 

the same option previously enrolled in 

(either high or low), if the annuity is 

sufficient to pay the high option 

premium. The annuitant may not 

change to another health plan until the 

next open season. 

The more costly premium rate may 

not be affordable for many annuitants. 

Amending this regulation will allow 

OPM the flexibility to consider the 

premium rate and the benefits that the 

annuitant was receiving under his or her 

terminated health plan, and enroll the 

annuitant in the option of the BC/BS 

Service Benefit Plan that most closely 

approximates the terminated plan. In 

addition, this amendment will give the 

annuitant the opportunity to change the 

option or to change to another health 

plan of his or her choice within 60 days 

of the date OPM sent notification that he 

or she has been deemed enrolled in a 

particular option of the BC/BS Service 

Benefit Plan. 

Regulatory Flexibility Act 

OPM has determined that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities because the 

regulation will only affect health 

benefits of certain Federal 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 Part 890 

Administrative practice and 

procedure, Government employees, 

Health facilities, Health insurance, 

Health professions, Hostages, Iraq, 

Kuwait, Lebanon, Military personnel, 

Reporting and recordkeeping 

requirements, Retirement.

Office of Personnel Management. 

Kay Coles James, 

Director.

Accordingly, OPM is proposing to 

amend 5 CFR part 890 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; § 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; § 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.

2. In § 890.306 revise paragraphs 

(l)(4)(ii), (l)(4)(iv) and (q)(1)(ii) to read as 

follows:

§ 890.306 When can annuitants or survivor 

annuitants change enrollment or reenroll 

and what are the effective dates?

* * * * *

(l) * * * 

(4) * * *

(ii) If a plan discontinues all of its 

existing options, an annuitant who does 

not change the enrollment is deemed to 

have enrolled in the option of the Blue 

Cross and Blue Shield Service Benefit 

Plan that OPM determines most closely 

approximates the terminated plan.

* * * * *

(iv) After an involuntary enrollment 

under paragraph (l)(4)(ii) or (iii) of this 

section becomes effective, the annuitant 

may change the enrollment to the other 

option of the Blue Cross and Blue 

Shield Service Benefit Plan or to 

another health plan of his or her choice 

retroactively within 60 days after OPM 

advises the annuitant of the new 

enrollment;

* * * * *

(q) * * *

(1) * * *

(ii) Enroll in any plan in which the 

annuitant’s share of the premium is less 

5936 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Proposed Rules 

than the amount of annuity. If the 

annuitant elects to change to a lower 

cost enrollment, the change takes effect 

immediately upon loss of coverage 

under the prior enrollment. The 

exemptions from debt collection 

procedures that are provided under 

§ 831.1305(d)(2) and § 845.205(d)(2) of 

this chapter apply to elections under 

this paragraph (q)(1)(ii).

* * * * *

[FR Doc. 04–2666 Filed 2–6–04; 8:45 am] 

BILLING CODE 6325–50–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 1205 

[Doc. No. CN–03–003] 

Cotton Research and Promotion 

Program: Section 610 Review

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Confirmation of regulations.

SUMMARY: This document summarizes 

the results of an Agricultural Marketing 

Service (AMS) review of the Cotton 

Research and Promotion Program under 

the criteria contained in section 610 of 

the Regulatory Flexibility Act (RFA). 

Based upon its review, AMS has 

determined that the Cotton Research 

and Promotion Order should be 

continued without change.

ADDRESSES: Interested persons may 

obtain a copy of the review. Requests for 

copies should be sent to Whitney Rick, 

Chief, Research and Promotion Staff, 

USDA, AMS, Cotton Program, 14th and 

Independence Avenue, SW., Stop 0224, 

Washington, DC 20250–0224; Fax (202) 

690–1718; or e-mail 

whitney.rick@usda.gov.

FOR FURTHER INFORMATION CONTACT:

Whitney Rick, Chief, Research and 

Promotion Staff, USDA, AMS, Cotton 

Program, 14th and Independence 

Avenue, SW., Stop 0224, Washington, 

DC 20250–0224; Fax (202) 690–1718; or 

e-mail whitney.rick@usda.gov.

SUPPLEMENTARY INFORMATION: The 

Cotton Research and Promotion Act of 

1966 (7 U.S.C. 2101 et seq.) authorized 

a national Cotton Research and 

Promotion Program which is industry 

operated and funded, with oversight by 

USDA. The program’s objective is to 

enable cotton growers and importers to 

establish, finance and carry out a 

coordinated program of research and 

promotion to improve the competitive 

position of, and to expand markets for 

cotton. 

The Program became effective on 

December 31, 1966, when the Cotton 

Research and Promotion Order (7 CFR 

part 1205) was issued. Assessments 

began with the 1967 cotton crop. The 

Order was later amended and a 

supplemental assessment initiated, not 

to exceed one percent of the value of 

each bale, effective January 28, 1977. 

The current assessment is $1 per bale 

plus five-tenths of one percent of the 

value of the bales and is collected on 

every bale of cotton harvested and 

ginned in the U.S. and on imported raw 

cotton and on the non-U.S. cotton 

content of imported textile and apparel 

products. 

AMS published in the Federal 

Register (64 FR 8014) its plan to review 

certain regulations, including the Cotton 

Research and Promotion Order, under 

the criteria contained in section 610 of 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612). An updated plan was 

published in the Federal Register on 

August 14, 2003 (68 FR 48573). 

AMS published a notice for review 

and request for written comments on the 

Order in the August 26, 2003, issue of 

the Federal Register (68 FR 51202). No 

comments were received. 

The review was undertaken to 

determine whether the Order should be 

continued without change, amended, or 

rescinded (consistent with the 

objectives of the Act) to minimize the 

impacts on small entities. In conducting 

this review, AMS considered the 

following factors: (1) The continued 

need for the Order; (2) the nature of 

complaints or comments received from 

the public concerning the Order; (3) the 

complexity of the Order; (4) the extent 

to which the Order overlaps, duplicates, 

or conflicts with other Federal rules, 

and, to the extent feasible, with State 

and local governmental rules; and (5) 

the length of time since the Order has 

been evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the Order. 

Currently, there are approximately 

21,000 producers, 300 first handlers, 

and 12,000 importers covered under the 

Order. AMS provides Federal oversight 

of the cotton research and promotion 

program. The Order is not unduly 

complex, and AMS has not identified 

regulations that duplicate, overlap, or 

conflict with the Order. Over the years, 

regulation changes have been made to 

address industry operation changes and 

to improve program administration. The 

goal of these evaluations is to assure 

that the Order and the regulations 

implemented under it fit the needs of 

the industry and are consistent with the 

Act. With the exception of challenges 

concerning the constitutionality of 

assessments used for generic advertising 

under the Order, which the Department 

is currently defending, AMS has not 

received complaints about the Order. 

Based upon the review, AMS has 

determined that the Order should be 

continued without change. AMS plans 

to continue working with the cotton 

industry in maintaining an effective 

program.

Dated: February 3, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–2697 Filed 2–6–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2001–NM–402–AD] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace LP Model 1125 Westwind 

Astra Series Airplanes

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes the 

supersedure of an existing airworthiness 

directive (AD), applicable to certain 

Gulfstream Aerospace LP Model 1125 

Westwind Astra series airplanes, that 

currently requires revising the Airplane 

Flight Manual (AFM) to provide the 

flight crew with operational guidance 

under certain failure conditions and a 

limitation not to engage the long-range 

navigation system during takeoff, 

approach, or landing. This action would 

require replacing the low-voltage 

sensing relays with higher-accuracy 

relays, and replacing the circuit breakers 

of the directional gyros with circuit 

breakers with lower amps. After the 

replacements have been accomplished, 

this action would also require inserting 

a new temporary revision (TR) in the 

Limitations section of the AFM, or 

removing the revision to the AFM 

required by the previous AD. The 

actions specified by the proposed AD 

are intended to prevent the loss of 

primary attitude and directional gyros, 

which relate position information to the 

flight crew. This action is intended to 

address the identified unsafe condition.

DATES: Comments must be received by 

March 25, 2004.