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

15074

Vol. 60, No. 55

Wednesday, March 22, 1995

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 890

RIN 3206–AG40

Federal Employees Health Benefits

Program; HMO Plan Applications

AGENCY: Office of Personnel

Management.

ACTION: Proposed rulemaking.

SUMMARY: The Office of Personnel

Management (OPM) is issuing proposed

regulations that would clarify the policy

under which it invites applications from

comprehensive medical plans (HMO’s)

to participate in the Federal Employees

Health Benefits (FEHB) Program. This

clarification is necessary in order to

ensure that OPM and the HMO’s are

providing the best possible service to

FEHB enrollees.

DATES: Comments must be received on

or before May 22, 1995.

ADDRESSES: Written comments may be

sent to Lucretia F. Myers, Assistant

Director for Insurance Programs,

Retirement and Insurance Group, Office

of Personnel Management, P.O. Box 57,

Washington, DC 20044; delivered to

OPM, Room 4351, 1900 E Street NW.,

Washington, DC.; or FAXed to (202)

606–0633.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Mercer, (202) 606–0004.

SUPPLEMENTARY INFORMATION: On

December 5, 1994, OPM published an

interim regulation in the Federal

Register (59 FR 62283) to clarify the

policy under which it invites

applications from comprehensive

medical plans (HMO’s) to participate in

the FEHB Program. This year, OPM

made a determination not to invite new

plan applications, with a limited

exception, for contract year 1996.

OPM received numerous written

comments and phone calls concerning

the regulation. All of the commenters

object that OPM did not give HMO’s

sufficient notice of its determination not

to accept applications for the 1996

contract year. They contend that many

HMO’s had already expended a

substantial amount of time in

preparation for the application process

and that OPM’s decision, therefore, has

caused them undue hardship.

After careful consideration of the

comments received, OPM has

concluded that its timeframes had, in

fact, been too compressed to allow for

a thorough review of all the

consequences of the decision not to

invite applications. As a result, OPM

has decided to accept both applications

and benefit change proposals for

contract year 1996. In addition, OPM is

issuing this regulation as proposed

rulemaking in order to provide the

public with a longer comment period.

Because the deadline for submission of

applications is already past, OPM is

extending the application due date for

the 1996 contract year from January 31

to March 31, 1995.

E.O. 12866, Regulatory Review

This rule has been reviewed by OMB

in accordance with E.O. 12866.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they primarily affect OPM’s

administrative procedures.

List of Subjects in 5 CFR Part 890

Administrative practice and

procedure, Government employees,

Health facilities, Health insurance,

Health professions, Hostages, Iraq,

Kuwait, Lebanon, Reporting and

recordkeeping requirements,

Retirement.

Office of Personnel Management.

James B. King,

Director.

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; § 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.

2. In § 890.203, paragraph (a)(1) is

revised, paragraphs (a)(2) through (a)(4)

are redesignated as paragraphs (a)(3)

through (a)(5) respectively; newly

designated paragraph (a)(5) is amended

by revising the last sentence; a new

paragraph (a)(2) is added; and a heading

is added for paragraph (b) to read as

follows:

§ 890.203 Application for approval of, and

proposal of amendments to, health benefits

plans.

(a) New plan applications. (1) The

Director of OPM shall consider

applications to participate in the FEHB

Program from comprehensive medical

plans (CMP’s) at his or her discretion. If

the Director of OPM determines that it

is beneficial to enrollees and the Federal

Employees Health Benefits Program to

invite new plans to join the Program,

OPM will publish a notice in the

Federal Register.

(2) When invited to participate, CMP’s

should apply for approval by writing to

the Office of Personnel Management,

Washington, DC 20415. Application

letters must be accompanied by any

descriptive material, financial data, or

other documentation required by OPM.

Plans must submit the letter and

attachments in the OPM-specified

format by January 31, or another date

specified by OPM, of the year preceding

the contract year for which applications

are being accepted. Plans must submit

evidence demonstrating they meet all

requirements for approval by March 31

of the year preceding the contract year

for which applications are being

accepted. Plans that miss either

deadline cannot be considered for

participation in the next contract year.

All newly approved plans must submit

benefit and rate proposals to OPM by

May 31 of the year preceding the

contract year for which applications are

being accepted in order to be considered

for participation in that contract year.

OPM may make counter-proposals at

any time.

* * * * *

(5) * * * The extent of the data and

documentation to be submitted by a

plan so certified by HHS, as well as by

a non-certified plan, for a particular

review cycle may be obtained by writing

directly to the Office of Insurance

Programs, Retirement and Insurance

Group, Office of Personnel Management,

Washington, DC 20415.
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15075

(b) Participating plans. * * *

[FR Doc. 95–7031 Filed 3–21–95; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

7 CFR Parts 800 and 810

RIN 0580–AA14

United States Standards for Barley

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Proposed rule.

SUMMARY: In its periodic review of

existing regulations, the Grain

Inspection, Packers and Stockyards

Administration (GIPSA) proposes to

amend the United States Standards for

Barley by: Modifying the classification

system of barley to better reflect current

marketing practices by establishing two

classes, ‘‘Malting barley and Barley’’;

revising procedures to permit applicants

the option of requesting either the

malting standards or barley standards

for malting types; revising the standards

for Two-rowed Malting barley by

removing the ‘‘U.S. Choice’’ grade

designation and also combining the

grading factors and limits for two- and

six-rowed malting types onto a single

grade chart; Amending the definition for

suitable malting type to include other

proprietary malting varieties used by

private malting and brewing companies;

revising the dockage certification

procedure by reporting results in half

and whole percent with a fraction less

than one-half percent being disregarded;

amending the definition of thins to

require the use of a single sieve (5⁄64 x 3⁄4 slotted-hole) only in the proposed

class Barley and removing the grading

limits from the standards; however, the

level of thins will continue to be

reported on the inspection certificate;

revising the standards by removing the

grading limits for damaged kernels, heat

damaged kernels, and foreign material

in the proposed class Barley; and

eliminating the numerical grade

restriction for badly stained and

materially weathered from the

standards. GIPSA further proposes to

amend the inspection plan tolerances

based on these proposed changes.

The objective of this review is to

ensure that the barley standards are

serving their intended purpose, are

clear, and are consistent with GIPSA

policy and authority.

DATES: Comments must be submitted on

or before May 22, 1995.

ADDRESSES: Written comments must be

submitted to George Wollam, GIPSA,

USDA, Room 0623, South Building, PO

Box 96454, Washington, DC, 20090–

6454; FAX (202) 720–4628.

All comments received will be made

available for public inspection at Room

0624 South Building, 1400

Independence Avenue, SW,

Washington, D.C., during regular

business hours (7 CFR 1.27 (b)).

FOR FURTHER INFORMATION CONTACT:

George Wollam, address as above,

telephone (202) 720–0292; FAX (202)

720–4628.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

The Department is issuing this rule in

conformance with Executive Order

12866.

Executive Order 12778

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This action is not

intended to have retroactive effect. The

United States Grain Standards Act

provides in section 87g that no State or

subdivision may require or impose any

requirements or restrictions concerning

the inspection, weighing, or description

of grain under the Act. Otherwise, this

proposed rule will not preempt any

State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

There are no administrative procedures

which must be exhausted prior to any

judicial challenge to the provisions of

this rule.

Regulatory Flexibility Act Certification

James R. Baker, Administrator,

GIPSA, has determined that this

proposed rule will not have a significant

economic impact on a substantial

number of small entities as defined in

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) because most users of the

official inspection and weighing

services and those entities that perform

these services do not meet the

requirements for small entities. Further,

the regulations are applied equally to all

entities.

Information Collection Requirements

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C.

Chapter 35), the information collection

requirements contained in the rule to be

amended have been previously

approved by OMB under control

number 0580–0013.

Background

During December 1991, the Federal

Grain Inspection Service (FGIS), which

is now part of GIPSA, distributed a

discussion paper concerning the U.S.

Standards for Barley. This paper

addressed several issues relating to the

standards and served as a starting point

for discussions with producers, trade

associations, processors, maltsters,

brewers, handlers, and merchandisers to

better understand their views on

changes needed to improve existing

standards. FGIS received positive

feedback from the grain industry

regarding the barley discussion paper;

in fact, several industry officials

suggested that FGIS develop and

distribute similar documents before

amending other marketing standards.

FGIS received a total of 13 written

comments concerning the discussion

paper: 1 from a malting company; 1

from a barley trade association that

represents the major U.S. malting and

brewing companies; 1 from a barley feed

processor; 1 from a major feed grain

association; 7 from producer

organizations and associations; 1 from a

grain handler; and 1 from a grain

inspection/weighing association.

FGIS also reviewed the barley

discussion paper with the FGIS

Advisory Committee and the Grain

Quality Workshop in January 1992. In

addition, FGIS personnel participated in

an industry sponsored forum in Pasco,

Washington in May 1993 to gather

further information on the need for

changes to the barley standards. FGIS

also considered ideas received during

the normalcourse of business,

recommendations from internal

management and program reviews, and

various other sources.

Based on the comments received and

other available information, GIPSA is

proposing eight changes to the barley

standards that reflect current market

needs and also serve to improve the

effectiveness of the standards. The

proposed amendments include: (1)

Modifying the classification system of

barley to better reflect current marketing

practices by establishing two classes,

‘‘Malting barley and Barley’’; (2)

revising procedures to permit applicants

the option of requesting either the

malting standards or barley standards

for malting types; (3) revising the

standards for Two-rowed Malting barley

by removing the ‘‘U.S. Choice’’ grade

designation and also combining the

grading factors and limits for two- and

six-rowed malting types onto a single

grade chart; (4) amending the definition

for suitable malting type to include

other proprietary malting varieties used

by private malting and brewing

companies; (5) revising the dockage

certification procedure by reporting

results in half and whole percent with