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

6436 

Vol. 89, No. 22 

Thursday, February 1, 2024 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 890 

[Docket ID: OPM–2023–0037] 

RIN 3206–AO47 

Federal Employees Health Benefits 

Program: Modification of Effective 

Date of Coverage for Employees With 

an Initial Opportunity To Enroll 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Office of Personnel 

Management (OPM) proposes to modify 

the Federal Employees Health Benefits 

(FEHB) regulations to allow for coverage 

to take effect as soon as an employee 

becomes eligible for coverage under the 

FEHB Program. This rulemaking is also 

applicable to the Postal Service Health 

Benefits (PSHB) Program within the 

FEHB Program. The proposed changes 

would allow FEHB and PSHB coverage 

to become effective at the beginning of 

the pay period that the employee in pay 

status has an initial opportunity to 

enroll. This change would occur when 

the employee becomes eligible for FEHB 

or PSHB coverage, provided an 

appropriate request to enroll is received 

by the employing office within the 

initial pay period that the employee 

becomes eligible. 

DATES: Comments must be received on 

or before April 1, 2024. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulation Identifier 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: 

Meredith Gitangu, Senior Policy 

Analyst, meredith.gitangu@opm.gov, 

(202) 606–2678. 

SUPPLEMENTARY INFORMATION: 

FEHB Program Background 

The FEHB Program was established in 

1960 and is the largest employersponsored health insurance program in 

the United States. There are 

approximately 8.2 million covered 

individuals in the FEHB Program. 

Covered individuals, as defined in 5 

CFR 890.101, include employees of the 

Federal Government, annuitants, 

members of their families, former 

spouses, and statutorily eligible groups 

enumerated in 5 U.S.C. 8901; and tribal 

employees of tribal employers, pursuant 

to 25 U.S.C. 1647b. Currently, Postal 

Service employees, Postal Service 

annuitants, and their family members 

are also eligible for health benefits 

under the FEHB Program pursuant to 39 

U.S.C. 1005. Section 101 of the Postal 

Service Reform Act (PSRA) added new 

section 8903c to chapter 89 of title 5, 

United States Code, and directed OPM 

to establish the PSHB Program within 

the FEHB Program for Postal Service 

employees, Postal Service annuitants, 

and their eligible family members. 

Under 5 U.S.C. 8903c(c)(3), except as 

otherwise set forth in 5 U.S.C. 8903c, 

the provisions of chapter 89 ‘‘applicable 

to health benefits plans offered by 

carriers under section 8903 or 8903a 

shall apply to plans offered under the’’ 

PSHB Program. 

Health benefits plans under the FEHB 

Program cover a wide range of health 

services including routine physical 

exams, primary and specialist doctors’ 

visits, inpatient hospital care, surgery, 

laboratory and diagnostic tests, 

prescription drugs, and mental health 

services. Required benefits are listed in 

broad categories in the FEHB statute at 

5 U.S.C. 8904 and include hospital 

benefits, surgical benefits, medical care 

and treatment, and obstetrical benefits, 

among others. The benefits, coverage, 

and premium details of each plan in the 

FEHB Program are negotiated with OPM 

each year. 

Authority for This Rulemaking 

OPM administers the FEHB Program 

in accordance with Title 5 Chapter 89, 

United States Code and implementing 

regulations (5 CFR parts 890 and 892 

and 48 CFR chapter 16). The authority 

to modify the effective coverage date for 

employees with an initial opportunity to 

enroll is under OPM’s authority at 5 

U.S.C. 8913 to prescribe regulations 

necessary to carry out administration of 

the FEHB Program. Based on agency 

feedback and OPM’s own analysis, 

which are discussed in more detail in 

the next section, we are proposing 

changes to regulations that would allow 

for coverage to be effective sooner for 

eligible employees and act as a 

recruitment and retention tool that 

positions the Federal Government as a 

model employer. 

Discussion of the Proposed Changes 

Modification of Effective Date of 

Coverage for Employees With an Initial 

Opportunity To Enroll 

OPM proposes to modify its FEHB 

enrollment regulations regarding the 

effective date of coverage for employees 

with an initial opportunity to enroll. An 

initial opportunity to enroll is the time 

period in which employees are allowed 

to elect enrollment in FEHB and may 

occur in the following circumstances: as 

a new employee, when an employee 

changes from an excluded position to a 

position eligible for FEHB coverage, or 

a temporary employee who completes 

one year of service and is eligible to 

enroll under 5 U.S.C. 8906a. Currently, 

under 5 CFR 890.301(a), an employee 

‘‘may elect to enroll or not enroll [in 

FEHB] within 60 days after becoming 

eligible’’ for FEHB coverage. Coverage is 

effective on the first day of the first pay 

period that begins after the date the 

employing office receives an 

appropriate request to enroll, and that 

follows a pay period that the employee 

is in pay status as described in 5 CFR 

890.301(b). OPM is proposing to allow 

newly eligible employees the 

opportunity to have their FEHB 

coverage effective at the beginning of 

the pay period the employee becomes 

eligible, provided they are in pay status; 

have an initial opportunity to enroll in 

FEHB coverage; and have submitted, 

with their employing office having 

received, an appropriate request to 

enroll in FEHB coverage during that first 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 6437 

1See E.O. 14070 (available at: https://

www.federalregister.gov/documents/2022/04/08/ 

2022-07716/continuing-to-strengthen-americansaccess-to-affordable-quality-health-coverage). 

pay period of eligibility. An appropriate 

request is defined in 5 CFR 890.101(a) 

as a properly completed health benefits 

election form, such as Standard Form 

2809, or an alternative method 

acceptable to both the employing office 

and OPM. 

In 5 CFR 890.101, a pay period is 

defined as ‘‘the biweekly pay period 

established pursuant to section 5504 of 

title 5, United States Code, for the 

employees to whom that section applies 

and the regular pay period for 

employees not covered by that section.’’ 

Across most Federal agencies, the 

general standard is for two-week pay 

periods to begin on Sunday and run 

until Saturday of the following week. 

Recognizing there may be some variance 

in agency approaches and seeking to 

ensure an equitable application of the 

rule to employees, OPM seeks 

comments on current business processes 

to effectuate and document an 

employee’s entry on duty. For example, 

what is the process if a new employee 

arrives for orientation on Monday, 

August 28, 2023, and the start of the pay 

period is Sunday, August 27, 2023? 

Changes proposed in this rulemaking, 

if finalized, would be required to be 

applied by the employing office to all 

employees with an initial opportunity to 

enroll, not solely to new employees or 

only on an individual, case-by-case 

basis. For example, if an employing 

office receives appropriate requests to 

enroll from two employees with an 

initial opportunity to enroll within the 

pay period these employees become 

eligible, the employing office may not 

allow one of the eligible employees’ 

coverage retroactive to the start of the 

pay period when they become eligible 

and force the other eligible employee to 

wait until the first day of the next pay 

period. All employing offices are 

required to implement the proposed 

changes to achieve an equitable result 

for all eligible employees. OPM seeks 

comment on this approach to avoid 

circumstances where employees of one 

agency could be offered the earliest 

possible effective date of coverage based 

on the agency’s capabilities but an 

employee at another agency is not 

offered the same effective date of 

coverage because that agency’s systems 

and processes are not updated 

accordingly. OPM also invites 

comments on any administrative or 

operational differences in applying the 

proposed changes to new employees 

and other employees with an initial 

opportunity to enroll (i.e., employee 

who experiences a qualifying life event). 

OPM estimates approximately 

230,000 employees with an initial 

opportunity to enroll submit 

appropriate requests and are newly 

enrolled in FEHB each year. The most 

common example of an employee with 

an initial opportunity to enroll is in the 

case of new employees. Another 

example of an employee with an initial 

opportunity to enroll would be in the 

case of an employee excluded from 

coverage, as described in 5 CFR 

890.102(c), who moves from a position 

that was excluded from coverage to a 

position that conveys coverage. Using 

the example of a new employee, under 

the current regulatory structure, the new 

employee who submits an FEHB 

enrollment request on their start date, or 

sometime during the first pay period the 

new employee is in pay status, must 

wait until the first day of the following 

pay period for FEHB coverage to become 

effective. A gap in coverage may result 

if the new employee has not extended 

previous group coverage under any 

applicable rules permitting such 

extension or does not have individual 

coverage. Gaps in coverage may further 

result in costly medical expenditures 

that must be borne by the individual. 

OPM takes its agency responsibilities 

under recent Executive Order 14070 1

earnestly and, in furtherance of the E.O. 

goals, has identified modification of the 

effective date of FEHB as an action that 

expands access to quality coverage. The 

changes proposed in this rulemaking 

can work to ensure more timely access 

to health insurance which may in turn 

assist in reducing financial burdens for 

care received while uninsured and 

removing barriers to consistent care for 

services such as mental health services, 

vaccines, and contraceptives. OPM 

believes that permitting health 

insurance coverage to become effective 

at the start of employment could reduce 

the risk of new employees enduring 

coverage gaps and potentially costly 

medical bills associated with such gaps 

and also act as an attractive recruitment 

tool in building a well-qualified, robust 

workforce. 

This proposed rule would align the 

FEHB Program with the practices of 

some nonfederal employers that provide 

first-day coverage and the current 

practices of the Federal Employees’ 

Group Life Insurance (FEGLI) Program. 

Under FEGLI regulations at 5 CFR 

870.501, FEGLI Basic coverage begins 

on the day the new employee enters on 

duty in pay status. Health insurance is 

an influential factor on employee 

recruitment, retention, and satisfaction, 

and is a benefit offering critical 

coverage, in sometimes life or death 

circumstances; therefore, OPM 

prioritizes the FEHB Program for 

proposed effective date changes. This 

proposed rule would not impact the 

effective date of coverage for Federal 

Employees Dental and Vision Insurance 

Program (FEDVIP) under 5 CFR 894.504 

or Federal Long Term Care Insurance 

Program (FLTCIP) under 5 CFR 875.404. 

OPM invites comment on whether 

similar modifications to the effective 

date of the FEDVIP would be beneficial. 

Under this proposed rule, FEHB 

coverage could become effective at the 

beginning of the initial pay period in 

which the employee with an initial 

opportunity to enroll meets the criteria 

of becoming eligible for FEHB coverage, 

being in pay status, and providing an 

appropriate request to enroll that is 

received by the employing office within 

the initial pay period the employee 

becomes eligible. If the appropriate 

request to enroll is not received by the 

employing office within the initial pay 

period the employee becomes eligible, 

then the newly eligible employee still 

has the remainder of the 60 days to 

enroll in FEHB. However, the effective 

date then becomes the first day of the 

first pay period that begins after the date 

the employing office receives an 

appropriate request to enroll or change 

the enrollment and that follows a pay 

period during any part of which the 

employee is in pay status. The following 

examples illustrate the scenarios 

described in this paragraph for a new 

employee entering on duty and for an 

excluded employee that becomes newly 

eligible for coverage: 

Example 1. The pay period begins on 

Sunday, August 27, 2023, and runs until 

Saturday, September 9, 2023. A new 

employee enters on duty and 

commences pay status at an agency on 

Monday, August 28, 2023. The new 

employee submits an appropriate 

request to enroll, including family 

member eligibility documentation, and 

it is received by the employing office on 

Tuesday, September 5, 2023, which is 

within the initial pay period of the 

employee’s initial opportunity to enroll. 

FEHB coverage for the new employee 

and their eligible family member(s) 

would be effective retroactively to 

Sunday, August 27, 2023. 

Example 2. The pay period begins on 

Sunday, August 27, 2023, and runs until 

Saturday, September 9, 2023. A new 

employee enters on duty and 

commences pay status at an agency on 

Monday, August 28, 2023. The new 

employee submits an appropriate 

request to enroll, including family 

member eligibility documentation, and 

it is received by the employing office on 


ddrumheller on DSK120RN23PROD with PROPOSALS1
6438 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 

2U.S. Office of Personnel Management, Benefits 

Administration Letter (BAL) 21–202, Family 

Member Eligibility Verification for Federal 

Employees Health Benefits (FEHB) Program 

Coverage (available at https://www.opm.gov/ 

retirement-center/publications-forms/benefitsadministration-letters/2021/21-202.pdf). 

3The cost of employee resources is calculated 

using the 2023 GS scale for the Locality Pay Area 

of Washington-Baltimore-Arlington, DC-MD-VAWV-PA for GS 15, step 1 ($74.60 per hour) and GS 

Tuesday, September 12, 2023, which is 

not within the initial pay period of the 

employee’s initial opportunity to enroll. 

FEHB coverage for the new employee 

and their eligible family member(s) is 

effective Sunday, September 24, 2023, 

which is the first day of the first pay 

period that begins after the date the 

employing office receives an 

appropriate request to enroll. 

Example 3: The pay period begins on 

Sunday, August 27, 2023, and runs until 

Saturday, September 9, 2023. An 

employee formerly in a position that 

was excluded from coverage moves to a 

position that conveys coverage and is a 

newly eligible employee in pay status 

on Monday, August 28, 2023. The newly 

eligible employee submits an 

appropriate request to enroll, including 

family member eligibility 

documentation, and it is received by the 

employing office on Tuesday, 

September 5, 2023, which is within the 

initial pay period of the newly eligible 

employee’s initial opportunity to enroll. 

FEHB coverage for the newly eligible 

employee and their eligible family 

member(s) would be effective 

retroactively to Sunday, August 27, 

2023. 

Example 4: The pay period begins on 

Sunday, August 27, 2023, and runs until 

Saturday, September 9, 2023. An 

employee formerly in a position that 

was excluded from coverage moves to a 

position that conveys coverage and is a 

newly eligible employee in pay status 

on Monday, August 28, 2023. The newly 

eligible employee submits an 

appropriate request to enroll, including 

family member eligibility 

documentation, and it is received by the 

employing office on Tuesday, 

September 12, 2023, which is not within 

the initial pay period of the newly 

eligible employee’s initial opportunity 

to enroll. FEHB coverage for the newly 

eligible employee and their eligible 

family member(s) is effective Sunday, 

September 24, 2023, which is the first 

day of the first pay period that begins 

after the date the employing office 

receives an appropriate request to 

enroll. 

OPM seeks comment on effectuating 

the proposed changes, including 

whether it is preferable to begin 

coverage effective retroactively to the 

start of the pay period in which the 

employee becomes eligible or to begin 

coverage effective retroactively to the 

date of entry on duty in pay status or 

other initial opportunity to enroll. 

Employing offices would be required 

to implement the new requirements 

when this rulemaking is finalized and 

have their enrollment and payroll 

systems accommodate coverage effective 

retroactive to the start of the initial pay 

period in which the employee becomes 

eligible and is in pay status, and the 

appropriate request to enroll is received 

by the employing office. While some 

employing offices have the current 

system capability to implement this 

change immediately upon finalization of 

this rulemaking, others may not. As a 

result, OPM is allowing additional time 

for compliance by proposing that all 

employing offices implement the 

changes outlined in this rulemaking no 

later than 18 months after the 

publication date of the final rule. Those 

employing offices that can implement 

sooner are encouraged to do so. 

Proposed Changes by Section 

OPM proposes to amend the FEHB 

regulations at 5 CFR 890.301 to permit 

FEHB coverage to become effective at 

the beginning of the initial pay period 

that the employee with an initial 

opportunity to enroll becomes eligible 

for FEHB coverage and is in pay status, 

provided an appropriate request to 

enroll is received by the employing 

office within the initial pay period the 

employee becomes eligible. This 

proposed rule would redesignate 5 CFR 

890.301(b) as paragraph (b)(1) to allow 

the addition of a new paragraph (b)(2) 

that outlines the changes discussed in 

the previous section. Specifically, 

paragraph (b)(2) pertains to employees 

with an initial opportunity to enroll, 

allowing for FEHB coverage to be 

effective the same pay period the 

employee becomes eligible. 

Under existing regulations at 5 CFR 

890.301(a), an employee with an initial 

opportunity to enroll may elect to enroll 

or not to enroll within 60 days after 

becoming eligible. This rulemaking does 

not change the eligibility period, and 

instead proposes that FEHB coverage for 

employees with an initial opportunity to 

enroll will be effective retroactively to 

the start of the initial pay period the 

employee first becomes eligible and is 

in pay status if the employee submits, 

and the employing office receives, the 

appropriate request to enroll within the 

initial pay period the employee becomes 

eligible. If the employee does not submit 

and the employing office does not 

receive an appropriate request to enroll 

within the initial pay period the 

employee first becomes eligible, then 

coverage will be effective on the first 

day of the first pay period that begins 

after the date the employing office 

receives an appropriate request to enroll 

or change the enrollment and that 

follows a pay period that the employee 

is in pay status. OPM guidance 2 directs 

employing offices to request proof of 

family member eligibility during the 

initial opportunity to enroll. 

In addition to other aspects of this 

proposed rule, OPM is requesting 

information on leading practices from 

other employers on when health 

insurance coverage begins. OPM 

recognizes that employees, during their 

initial opportunity to enroll, may 

experience an immediate need for 

coverage. Additionally, as employees, 

during their initial opportunity to 

enroll, weigh and evaluate different 

plans and coverage options, employees 

may not be able to make a decision 

during their first pay period, and may 

utilize the full enrollment period. OPM 

specifically invites comments on the 

effective date of coverage and if that 

effective date should be tied to when, 

during the enrollment period, the 

election form is submitted and received 

(i.e., retroactive to the start of the pay 

period or prospective to the start of the 

next pay period). If based on responses, 

OPM determines that it would be 

advisable to adopt a different approach 

than that proposed here, OPM 

anticipates that it would likely issue a 

revised proposal for comment on 

specific aspects of implementing the 

alternate approach. 

Expected Impact of Proposed Changes 

OPM held stakeholder meetings with 

agencies and non-governmental entities 

including Tribal Benefits Officers and 

FEHB Carriers to solicit feedback on the 

implications and operational aspects of 

proposed changes in this rulemaking. 

While some stakeholders welcomed the 

proposed changes, others raised 

operational concerns and the potential 

cost burdens due to implementation. 

One potential impact of this rulemaking 

is the cost employing offices may incur 

to update enrollment and payroll 

systems to accommodate the changes. 

The estimated level of effort for OPM to 

implement the regulation changes 

would be about 40 hours of focused 

work for two GS 15 director level and 

two GS 14 supervisor level Federal 

employees to perform system tests and 

update business processes at an 

estimated cost of approximately $22,085 

in employee resources.3 OPM 


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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 6439 

14, step 1 ($63.43 per hour), adjusting each upward 

by 100% to account for overhead and benefits: 

$74.60 × 2 × 40 × 2 = $11,936 and 63.43 × 2 × 40 

× 2 = $10,149, for a total of $22,085 in employee 

costs. 

considered several deadlines as an 

alternative to the 18-month compliance 

timeline but settled on the current 

timeline based on stakeholder feedback 

received during the rule drafting 

process. That feedback revealed that 

agencies use a variety of systems and 

processes that cannot easily be updated 

on the same timeline. Therefore, OPM is 

proposing to ease this burden by 

delaying the effective date of 

compliance to 18 months after the final 

rule is effective. To supplement our 

analysis and inform our final decision 

on the compliance date, OPM is seeking 

comments on the feasibility of 

implementing changes to the effective 

date of FEHB coverage, including 

human resource and payroll system 

capability to process FEHB coverage 

with an effective date as of when the 

employee becomes eligible (i.e., the day 

of entry on duty or a change in 

employment status that results in an 

employee being newly eligible for FEHB 

coverage) and the level of effort, 

estimated cost, and anticipated timeline 

needed to implement the changes in this 

rulemaking. OPM also invites comments 

on the ability of systems to prorate 

premiums for coverage with an effective 

date other than the start of a pay period. 

While we acknowledge the concerns 

raised, OPM believes the value of 

offering FEHB coverage as soon as 

employees are eligible exceeds the 

burden of implementing the proposed 

changes. An expected benefit of this 

proposed rule is that affected employees 

will gain access to health insurance 

plans in a more expedient manner and, 

therefore, potentially lowering the 

possibility of uninsured employees 

personally incurring high-cost medical 

bills for care received during a gap in 

health insurance coverage. Federal 

employees, especially those in positions 

to be first responders, medical 

professionals, and representatives on 

foreign soil, serve a critical need when 

serving in their position and may be at 

an increased risk of injury and illness. 

Having health insurance as soon as they 

are eligible offers comfort and security. 

OPM has received stakeholder feedback 

that the proposed changes have been 

requested by some new hires and may 

also have a positive effect in recruiting 

persons with disabilities to the Federal 

workforce OPM seeks comments on the 

implications, positive or negative, on 

employee recruitment and retention as 

well as any effects on administrative 

processing. 

Because it is specific to the FEHB 

Program and a subset of Federal 

employees and their eligible family 

members, OPM does not believe this 

rulemaking will have a large impact on 

the broader health insurance markets. 

For many carriers, FEHB generally 

constitutes a small percentage of 

business of the overall health insurance 

carrier’s book of business. For the 2024 

plan year, the FEHB Program has 67 

participating carriers offering a total of 

156 plan choices. OPM illustrates the 

potential impact of the rule under the 

assumption of 100% participation of the 

newly eligible employee population and 

a uniform plan selection for the 

additional two weeks of coverage that 

would become available to newly 

eligible employees as a result of the 

proposed rule. Total premiums for 2024 

are estimated to be $64.5 billion which, 

across all enrollment types (Self, Self 

Plus One, Self and Family), equates to 

$15,851 per subscriber. Assuming biweekly pay periods, the added premium 

cost would be $610 per employee with 

an initial opportunity to enroll for an 

estimated total cost of $140.2 million 

per year for the approximately 230,000 

newly eligible employees affected by 

this rulemaking. However, participation 

may be substantially lower than 100%, 

for example because individuals may 

have existing health insurance coverage 

covering the relevant time period, or 

newly eligible individuals may choose 

plans with different average premiums. 

OPM lacks data to precisely estimate 

impacts along these lines. However, 

OPM believes this will be highly 

utilized, and assumes that the rule will 

result in effects equivalent to 80% of 

these potential effects. This implies 

effects along these lines of 

approximately $112.2 million per year. 

OPM seeks public comment on methods 

or data to inform these estimates. 

Regulatory Review 

Executive Orders 13563, 12866, and 

14094 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). A regulatory impact analysis 

must be prepared for major rules with 

effects of $200 million or more in any 

one year. This rulemaking does not 

reach that threshold but has otherwise 

been designated as a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, as 

supplemented by Executive Orders 

13563 and 14094. 

Regulatory Flexibility Act 

The Director of OPM certifies that this 

regulation will not have a significant 

economic impact on a substantial 

number of small entities. 

Federalism 

OPM examined this rulemaking in 

accordance with Executive Order 13132, 

Federalism, and determined that it 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 rulemaking 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. 

Paperwork Reduction Act 

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. 

This proposed rule involves, but does 

not make any changes to, an OMB 

approved collection of information 

subject to the PRA for the FEHB 

Program, OMB No. 3206–0160, Health 

Benefits Election Form. 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 system of 

records notice for this collection is: 

OPM/Central–23, ‘‘FEHB Program 

Enrollment Records,’’ available at 

https://www.federalregister.gov/d/2021- 

01259. Additional information regarding 

this collection—including all current 

background materials—can be found at 


ddrumheller on DSK120RN23PROD with PROPOSALS1
6440 Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / Proposed Rules 

https://www.reginfo.gov/public/do/ 

PRAMain by using the search function 

to enter either the title of the collection 

or the OMB Control Number. 

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. 

Kayyonne Marston, 

Federal Register Liaison. 

Accordingly, OPM proposes 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; Sec. 890.102 

also issued under sections 11202(f), 11232(e), 

and 11246 (b) of Pub. L. 105–33, 111 Stat. 

251; Sec. 890.111 also issued under 36 U.S.C. 

5522; Sec. 890.112 also issued under 2 U.S.C. 

2051; Sec. 890.113 also issued under section 

1110 of Pub. L. 116–92, 133 Stat. 1198 (5 

U.S.C. 8702 note); Sec. 890.301 also issued 

under 26 U.S.C. 9801; Sec. 890.302(b) also 

issued under 42 U.S.C. 300gg–14; Sec. 

890.803 also issued under 50 U.S.C. 3516 

(formerly 50 U.S.C. 403p) and 22 U.S.C. 

4069c and 4069c–1; subpart L also issued 

under section 599C of Pub. L. 101–513, 104 

Stat. 2064 (5 U.S.C. 5561 note); subpart M 

also issued under 10 U.S.C. 1108 and 25 

U.S.C. 1647b; and subpart P issued under 5 

U.S.C. 8903c. 

Subpart C—Enrollment 

■ 2. Amend § 890.301 by: 

■ a. Removing the paragraph heading 

‘‘Effective date—generally’’ in paragraph 

(b) and adding in its place ‘‘Effective 

dates’’; 

■ b. Redesignating paragraph (b) 

introductory text as paragraph (b)(1); 

and 

■ c. Adding paragraph (b)(2). 

The addition reads as follows: 

§ 890.301 Opportunities for employees to 

enroll or change enrollment; effective dates. 

* * * * * 

(b) * * * 

(1) * * * 

(2) Enrollment for an employee will 

take effect at the beginning of the initial 

pay period in which the following 

criteria are met: 

(i) The employee is newly eligible and 

has an initial opportunity to enroll; 

(ii) The employee is in pay status; and 

(iii) The employee submitted to the 

employing office, and the employing 

office received, the appropriate request, 

as defined in § 890.101, to enroll within 

the initial pay period of the initial 

opportunity to enroll. 

* * * * * 

[FR Doc. 2024–01940 Filed 1–31–24; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–SC–23–0041] 

Oranges, Grapefruit, Tangerines, and 

Pummelos Grown in Florida; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement a recommendation from the 

Citrus Administrative Committee 

(Committee) to increase the assessment 

rate established for the 2023–2024 fiscal 

year and subsequent fiscal periods from 

$0.015 to $0.02 per 4/5-bushel carton or 

equivalent for Florida citrus handled 

under the marketing order. The 

proposed assessment rate would remain 

in effect indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

March 4, 2024. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments can be sent to the Docket 

Clerk, Market Development Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, STOP 

0237, Washington, DC 20250–0237. 

Comments can also be sent to the 

Docket Clerk electronically by Email: 

MarketingOrderComment@usda.gov or 

via the internet: https://

www.regulations.gov. Comments should 

reference the document number, the 

date and page number of this issue of 

the Federal Register. Comments 

submitted in response to this proposed 

rule will be included in the record and 

will be made available to the public and 

can be viewed at: https://

www.regulations.gov. Please be advised 

that the identity of the individuals or 

entities submitting the comments will 

be made public on the internet at the 

address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Branch Chief, 

Southeast Region Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA; Telephone: (863) 

324–3375, Fax: (863) 291–8614, or 

Email: Jennie.Varela@usda.gov or 

Christian.Nissen@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development 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@

usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

proposes to amend regulations issued to 

carry out a marketing order as defined 

in 7 CFR 900.2(j). This proposed rule is 

issued under Marketing Order No. 905 

as amended (7 CFR part 905), regulating 

the handling of oranges, grapefruit, 

tangerines, and pummelos grown in 

Florida. Part 905 (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 and 

handlers of fresh citrus operating within 

the area of production, and one public 

member. 

The Agricultural Marketing Service 

(AMS) is issuing this proposed rule in 

conformance with Executive Orders 

12866, 13563, and 14094. 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, distributive impacts, 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms and supplements 

Executive Order 12866 and 13563 and 

directs agencies to conduct proactive 

outreach to engage interested and 

affected parties through a variety of 

means, such as through field offices, 

and alternative platforms and media. 

This action falls within a category of 

regulatory actions that the Office of 

Management and Budget (OMB) 

exempted from Executive Order 12866, 

13563, and 14094 review. 

This proposed rule has been reviewed 

under Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

Tribal implications. AMS has 


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