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.

Rules and Regulations Federal Register

32191 

Vol. 83, No. 134 

Thursday, July 12, 2018 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Parts 890, 892, and 894 

RIN 3206–AN34 

Federal Employees Health Benefits 

Program and Federal Employees 

Dental and Vision Insurance Program: 

Expiration of Coverage of Children of 

Same-Sex Domestic Partners; Federal 

Flexible Benefits Plan: Pre-Tax 

Payment of Health Benefits Premiums: 

Conforming Amendments 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: On October 30, 2013, OPM 

published final regulations in the 

Federal Register to expand coverage for 

children of same-sex domestic partners 

under the Federal Employees Health 

Benefits (FEHB) Program and the 

Federal Employees Dental and Vision 

Insurance Program (FEDVIP). The 

regulation allowed children of same-sex 

domestic partners living in states that 

did not allow same-sex couples to marry 

to be covered family members under the 

FEHB and the FEDVIP. Due to a 

subsequent Supreme Court decision 

legalizing same-sex marriage in all 

states, OPM published an interim final 

regulation on December 2, 2016, that 

created a regulatory exception that only 

allowed children of same-sex domestic 

partners living overseas to maintain 

their FEHB and FEDVIP coverage until 

September 30, 2018. OPM recognized 

that there were additional requirements 

placed on overseas federal employees 

that did not apply to other civilian 

employees with duty stations in the 

United States making it difficult to 

travel to the United States to marry their 

same-sex partners. Understanding that 

we have provided agencies with 

additional time for compliance given 

that overseas federal employees may not 

have been able to marry immediately 

following the Supreme Court decision, 

OPM is issuing a final rule removing 

references to domestic partners and 

domestic partnerships from the 

regulations. Based on the Supreme 

Court decision and the two additional 

year’s lead time for domestic partners 

overseas to marry, the current language 

in the CFR is not needed and may be 

somewhat confusing. There is no change 

in coverage for children whose same-sex 

partners are married. 

DATES: This rule is effective on 

September 30, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Michael W. Kaszynski, Senior Policy 

Analyst, at Michael.Kaszynski@opm.gov 

or (202) 606–0004. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The Federal Employees Health 

Benefits (FEHB) Program is 

administered by the Office of Personnel 

Management (OPM) in accordance with 

Title 5, Chapter 89 United States Code 

and our implementing regulations (title 

5, parts 890, 892, 894 and title 48, 

chapter 16). The statute establishes the 

basic rules for benefits, enrollment, and 

participation in the Federal insurance 

programs. 

Background 

The Federal Employees Health 

Benefits (FEHB) Program provides 

health insurance to about 8.2 million 

Federal employees, retirees, and their 

dependents each year. It is the largest 

employer-sponsored health insurance 

program in the country providing more 

than $53 billion in health care benefits 

annually. Coverage options available to 

eligible individuals include self only, 

self plus one or self and family coverage 

in an approved health benefits plan. 

Eligible family members include the 

spouse of an employee or annuitant and 

a child under 26 years of age, including 

adopted children, stepchildren or foster 

children or a child regardless of age who 

is incapable of self-support because of 

mental or physical disability which 

existed before age 26. 

Effective January 1, 2014, the Office of 

Personnel Management (OPM) 

published the ‘‘Federal Employees 

Health Benefits Program and Federal 

Employees Dental and Vision Insurance 

Program: Expanding Coverage of 

Children; Federal Flexible Benefits Plan: 

Pre-Tax Payment of Health Benefits 

Premiums: Conforming Amendments’’ 

final rule (78 FR 64873) to extend FEHB 

and FEDVIP coverage to children of 

same-sex domestic partners of Federal 

employees and annuitants who would 

marry their partners but live in states 

that did not allow same-sex couples to 

marry. As the result of the June 26, 

2015, Supreme Court Obergefell v. 

Hodges decision, all U.S. states now 

allow same-sex couples to marry. 

Accordingly, as of January 2016, 

coverage of an enrollee’s stepchild(ren) 

is only allowed if the couple is married. 

OPM also published an interim final 

regulation (81 FR 86905) on December 

2, 2016. The rule amended §§ 890.302 

and 894.101 of title 5, Code of Federal 

Regulations. The amendments allow an 

employing agency to request, and for 

OPM to grant, a continued coverage 

exception for children of an employee’s 

same-sex domestic partner living 

outside the United States. Any coverage 

under such an exception will not extend 

beyond September 30, 2018. The OPM 

recognized there were additional 

requirements placed on overseas 

employees (as compared to civilian 

employees with duty stations in the 

United States) making it difficult to 

travel to the United States to marry 

same-sex partners. Therefore, OPM 

created the authority to allow an 

exception for children of Federal 

employees in a domestic partnership 

and living outside of the United States. 

If requested by an enrollee’s agency, 

coverage of children of same-sex 

domestic partners can be continued 

under self and family or self plus one 

enrollment in the FEHB and FEDVIP 

Programs. This regulation removes this 

continued coverage exception which 

expires for overseas employees on 

September 30, 2018. 

Comments Received on the Interim 

Rule 

We received five comments on the 

Interim rule. All commenters were in 

support of the rule. No commenters 

recommended changes to the rule. 

Therefore, no changes have been made 

to this Final rule based on the 

comments received. 

Expected Impact of Changes 

This rule eliminates all regulatory 

language in FEHB, FEDVIP and FedFlex 

that authorizes coverage for children of 

same-sex domestic partners, effective 

September 30, 2018. This rule amends 


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32192 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 

the regulations to remove the language 

that authorizes coverage of children of 

same-sex domestic partners since all 

enrollees now have the right to marry in 

the United States. The regulatory 

language that authorized coverage for 

children of same-sex domestic partners 

overseas is also being removed from the 

regulation effective September 30, 2018. 

There is no change to the population of 

children who have access to coverage 

based on this rule. 

Executive Order 13563 and 12866 

Requirements 

Executive Orders 13563 and 12866 

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, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a not significant 

regulatory action under Executive Order 

12866. 

Paperwork Reduction Act 

Requirements 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor shall any person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. With this rule 

there is no change to an existing OMB 

approved collection of information 

subject to the PRA—OMB No. 3206– 

0160, Health Benefits Election Form. 

The system of record notice for this 

collection is OPM/Central 1 Civil 

Service Retirement and Insurance 

Records, available at https://

www.opm.gov/informationmanagement/privacy-policy/sorn/opmsorn-central-1-civil-service-retirementand-insurance-records.pdf. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 13771: Reducing 

Regulation and Controlling Regulatory 

Costs 

This rule is not an E.O. 13771 

regulatory action because this rule is not 

significant under E.O. 12866. 

List of Subjects 

5 CFR Part 890 

Administration and general 

provisions, Administrative practice and 

procedure, Administrative sanctions 

imposed against health care providers, 

Benefits for former spouses, Benefits for 

United States hostages in Iraq and 

Kuwait and United States hostages 

captured in Lebanon, Benefits in 

medically underserved areas, 

Contributions and withholdings, 

Department of Defense Federal 

Employees Health Benefits Program 

demonstration project, Employee benefit 

plans, Enrollment, Government 

employees, Health benefits plans, Limit 

on inpatient hospital charges, physician 

charges, and FEHB benefit payments, 

Reporting and recordkeeping 

requirements, Retirement, Temporary 

continuation of coverage, Temporary 

extension of coverage and conversion, 

Transfers from retired FEHB Program. 

5 CFR Part 892 

Administrative practice and 

procedure, Government employees’ 

health insurance, Pre-tax payment of 

health benefits premiums, Taxes, 

Wages. 

5 CFR Part 894 

Administrative practice and 

procedure, Government employees, 

Health insurance, Taxes, Wages. 

U.S. Office of Personnel Management. 

Jeff T.H. Pon, 

Director. 

Accordingly, OPM is amending title 5, 

Code of Federal Regulations 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. 111–03, 

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; 5 U.S.C. 

8913; 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. 

■ 2. In § 890.302, revise paragraphs 

(a)(2)(iii) and (b)(2) and remove 

paragraphs (b)(3) through (7) to read as 

follows: 

§ 890.302 Coverage of family members. 

(a) * * * 

(2) * * * 

(iii) Children are entitled to receive 

benefits under only one enrollment 

regardless of whether the children 

qualify as family members under the 

enrollment of both parents or of a parent 

and a stepparent and regardless of 

whether the parents are married, 

unmarried, divorced, or legally 

separated. To ensure that no person 

receives benefits under more than one 

enrollment, each enrollee must 

promptly notify the insurance carrier as 

to which family members will be 

covered under his or her enrollment. 

These individuals are not covered under 

the other enrollment. 

(b) * * * 

(2) For purposes of this part, the term 

‘‘stepchild’’ refers to the child of an 

enrollee’s spouse and shall continue to 

refer to such child after the enrollee’s 

divorce from the spouse or death of the 

spouse, so long as the child continues 

to live with the enrollee in a regular 

parent-child relationship. 

* * * * * 

PART 892—FEDERAL FLEXIBLE 

BENEFITS PLAN: PRE-TAX PAYMENT 

OF HEALTH BENEFITS PREMIUMS 

■ 3. The authority citation for part 892 

continues to read as follows: 

Authority: 5 U.S.C. 8913; 5 U.S.C. 

1103(a)(7); 26 U.S.C. 125. 

■ 4. In § 892.101, the definition of a 

‘‘Qualifying life event’’ is amended by 

revising the introductory text to read as 

follows: 

§ 892.101 Definitions. 

* * * * * 

Qualifying life (QLE) event means an 

event that may permit changes to your 

FEHB enrollment as well as changes to 

your premium conversion election as 

described in Treasury regulations at 26 

CFR 1.125–4. Such events include the 

following: 

* * * * * 

■ 5. Section 892.102 is revised to read 

as follows: 

§ 892.102 What is premium conversion 

and how does it work? 

Premium conversion is a method of 

reducing your taxable income by the 

amount of your contribution to your 

FEHB insurance premium. If you are a 

participant in the premium conversion 

plan, Section 125 of the Internal 


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Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32193 

Revenue Code allows you to reduce 

your salary (through an employer 

allotment) and provide that portion of 

your salary back to your employer. 

Instead of being paid to you as taxable 

income, this allotted amount is used to 

purchase your FEHB insurance for you. 

The effect is that your taxable income is 

reduced. Because taxable income is 

reduced, the amount of tax you pay is 

reduced. You save on Federal income 

tax, Social Security and Medicare tax 

and in most States and localities, State 

and local income taxes. 

PART 894—FEDERAL EMPLOYEES 

DENTAL AND VISION INSURANCE 

PROGRAM 

■ 6. 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. 

■ 7. In § 894.101, the definitions for 

‘‘Domestic partner’’ and ‘‘Domestic 

partnership’’ are removed and the 

definition for ‘‘Stepchild’’ is revised to 

read as follows: 

§ 894.101 Definitions. 

* * * * * 

Stepchild means your spouse’s child 

born within or outside marriage or his 

or her adopted child. The child of your 

spouse shall continue to be considered 

your stepchild after your divorce from 

your spouse or the death of your spouse 

so long as the child continues to live 

with you in a regular parent-child 

relationship. 

* * * * * 

■ 8. In § 894.403, paragraph (a) is 

revised to read as follows: 

§ 894.403 Are FEDVIP premiums paid on a 

pre-tax basis? 

(a) Your FEDVIP premiums are paid 

on a pre-tax basis (called premium 

conversion) if you are an active 

employee, your salary is sufficient to 

make the premium allotments, and your 

agency will be able to make pre-tax 

allotments. 

* * * * * 

[FR Doc. 2018–14938 Filed 7–11–18; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Doc. No. AMS–SC–17–0066; SC17–929–3 

FR] 

Cranberries Grown in States of 

Massachusetts, et al.; Establishment of 

Handler Diversion and Reporting 

Requirements and New Information 

Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation to establish handler 

diversion and reporting requirements 

under the marketing order for 

cranberries grown in the production 

area (Order). This action establishes the 

procedures handlers use to divert fruit 

through disposal or into noncompetitive 

outlets. The reporting requirements 

support the diversion procedures by 

providing the necessary documentation 

to help ensure compliance when a 

volume regulation is established. 

DATES: Effective August 13, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian D. Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 291–8614, or Email: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW, STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Richard.Lower@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule, pursuant to 5 U.S.C. 553, amends 

regulations used to carry out a 

marketing order as defined in 7 CFR 

900.2(j). This final rule is issued under 

Marketing Agreement and Order No. 

929, as amended (7 CFR part 929), 

regulating the handling of cranberries 

grown in the states of Massachusetts, 

Rhode Island, Connecticut, New Jersey, 

Wisconsin, Michigan, Minnesota, 

Oregon, Washington, and Long Island in 

the State of New York. Part 929 (referred 

to as the ‘‘Order’’) is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ The 

Committee locally administers the 

Order and is comprised of growers of 

cranberries operating within the 

production area, and a public member. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Orders 

13563 and 13175. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. Additionally, 

because this rule does not meet the 

definition of a significant regulatory 

action, it does not trigger the 

requirements contained in Executive 

Order 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017, titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This final rule is not intended 

to have retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This final rule establishes handler 

diversion and reporting requirements 

under the Order. This rule establishes 

procedures handlers use to divert fruit 

through disposal or into noncompetitive 

outlets. The reporting requirements 

support the diversion procedures by 

providing the necessary documentation 

to help ensure compliance when a 

volume regulation is established. This 

action was recommended by the 

Committee at its August 31, 2017, 

September 15, 2017, and October 13, 

2017, meetings. 

The Order provides for the use of 

volume regulation to stabilize prices 

and improve grower returns during 

periods of oversupply. Section 

929.51(a)(2) specifies that a handler 

withholding program must be 


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