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

67377 

Vol. 79, No. 219 

Thursday, November 13, 2014 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 875 

RIN 3206–AN05 

Federal Long Term Care Insurance 

Program Eligibility Changes 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: The United States Office of 

Personnel Management (OPM) is 

proposing to amend the Federal Long 

Term Care Insurance Program (FLTCIP) 

regulation to expand eligibility to apply 

for coverage under the Program. Under 

the proposed regulation, the definition 

of ‘‘qualified relative’’ is expanded to 

cover all individuals who are domestic 

partners (both same-sex and oppositesex) of Federal and U.S. Postal Service 

employees, annuitants, members of the 

uniformed services, and retired 

members of the uniformed services. In 

addition, the proposed regulation 

provides that adult children of domestic 

partners will be considered one of the 

types of individuals comprising the 

statutory term ‘‘qualified relative’’ who 

may apply for FLTCIP coverage. 

DATES: Comments are due on or before 

January 12, 2015. 

ADDRESSES: Send written comments to 

Ronald Brown, Policy Analyst, Planning 

& Policy Analysis, Office of Personnel 

Management, 1900 E Street NW., 

Washington, DC 20415–9700; or deliver 

to OPM, Room 2309, 1900 E Street NW., 

Washington, DC; or FAX to (202) 606– 

0636. Comments may also be sent 

through the Federal eRulemaking Portal 

at: http://www.regulations.gov. All 

submissions received through the Portal 

must include the agency name and 

docket number or the Regulation 

Identifier Number (RIN) for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Ronald Brown, Policy Analyst, (202) 

606–0004, or by email to 

Ronald.Brown@opm.gov. 

SUPPLEMENTARY INFORMATION: In support 

of the President’s Memoranda of June 

17, 2009 and June 2, 2010, concerning 

Federal Benefits and NonDiscrimination, OPM has identified 

certain benefits under FLTCIP that may 

be extended to additional individuals 

consistent with existing law, whose 

relationship to the workforce member is 

considered to constitute a family 

relationship. The proposed regulation 

enhances the ability of Federal agencies 

to provide for the needs of an 

increasingly diverse workforce. OPM 

changed its regulation on June 1, 2010 

to allow same-sex domestic partners of 

employees and annuitants to apply for 

FLTCIP coverage as a qualified relative. 

OPM now proposes to expand the term 

‘‘qualified relative’’ to include all 

individuals who are domestic partners 

(both same-sex and opposite-sex) of 

employees, annuitants, members of the 

uniformed services and retired members 

of the uniformed services. In addition, 

OPM’s June 1, 2010 regulation did not 

include same-sex domestic partners of 

members of the uniformed services. 

This proposed regulation includes 

domestic partners, both same-sex and 

opposite-sex, of members and retired 

members of the uniformed services. 

Additionally, just as is currently 

required for same-sex domestic partners, 

newly eligible individuals (both samesex and opposite-sex) will be required to 

provide documentation to establish that 

they meet the regulatory criteria for 

domestic partners. 

Finally, OPM has determined that 

eligibility may be extended to adult 

children of domestic partners by 

defining the term ‘‘stepchild,’’ which is 

one of the types of individuals 

comprising the statutory term ‘‘qualified 

relative,’’ to include the child of a 

domestic partner. The definition of 

‘‘stepchild’’ set forth in this proposed 

regulation appropriately encompasses 

and reflects the variety of parent-child 

relationships that exist today. 

The proposed changes and 

clarifications are: 

Changes: 

(1) We propose to expand the 

definition of ‘‘qualified relative’’ under 

5 U.S.C. 9001(5)(D) to include both 

same-sex and opposite sex domestic 

partners of Federal and U.S. Postal 

Service employees and annuitants and 

members and retired members of the 

uniformed services. This revision can be 

found in section 875.101 and 875.213 of 

the proposed rule. 

(2) We propose to expand the 

definition of ‘‘qualified relative’’ to 

include adult children of domestic 

partners of Federal and U.S. Postal 

Service employees and annuitants, and 

members and retired members of the 

uniformed services consistent with 

Presidential Memoranda issued on June 

17, 2009 and June 2, 2010. This revision 

can be found in section 875.101 of the 

proposed rule. 

(3) We propose that the workforce 

member or his or her domestic partner 

must provide notice to the employing 

office if at any time between the time of 

application and the time coverage is 

scheduled to go into effect, any of the 

conditions for a domestic partnership 

are no longer met, in which case a 

domestic partnership is deemed 

terminated. Such notification must be 

made as soon as possible, but in no 

event later than thirty calendar days 

after such conditions are no longer met. 

This change can be found in 875.101 of 

the proposed rule. 

(4) As is currently the case for samesex domestic partners, opposite-sex 

domestic partners will be required to 

provide documentation to establish that 

they meet the criteria for domestic 

partners. This revision can be found in 

section 875.101 of the proposed rule. 

(5) This proposed rule makes other 

technical conforming amendments to 

the FLTCIP rules that would be 

amended by this proposed rule. These 

changes can be found in section 875.405 

of the proposed rule. 

Clarification: 

(1) We clarify that once coverage has 

begun, termination of a domestic 

partnership does not terminate a 

domestic partner’s insurance coverage 

as long as the Carrier continues to 

receive the required premium when 

due. This revision can be found in 

section 875.412 of the changes. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because the regulation only adds 

additional groups to the list of groups 

eligible to apply for coverage under the 

FLTCIP. The FLTCIP is a voluntary, selfpay, benefits program with no 

Government contribution. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
67378 Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Proposed Rules 

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 875 

Administrative practice and 

procedure, Employee benefit plans, 

Government contracts, Government 

employees, health insurance, military 

personnel, organization and functions, 

Retirement. 

U.S. Office of Personnel Management. 

Katherine Archuleta, 

Director, U.S. Office of Personnel 

Management. 

Accordingly, OPM is proposing to 

amend 5 CFR part 875 as follows: 

PART 875—FEDERAL LONG TERM 

CARE INSURANCE PROGRAM 

■ 1. The authority citation for part 875 

continues to read as follows: 

Authority: 5 U.S.C. 9008. 

Subpart A—Administration and 

General Provisions 

■ 2. Section 875.101 is amended by 

revising the definitions of ‘‘domestic 

partner’’ and ‘‘domestic partnership’’ 

and by adding in alphabetical order a 

definition of ‘‘stepchild(ren)’’ to read as 

follows: 

§ 875.101 Definitions. 

* * * * * 

Domestic partner is defined as a 

person in a domestic partnership with 

an employee, annuitant, member of the 

uniformed services, or retired member 

of the uniformed services. 

Domestic partnership means: 

(1) A committed relationship between 

two adults, of the opposite sex or same 

sex, in which the partners— 

(i) Are each other’s sole domestic 

partner and intend to remain so 

indefinitely; 

(ii) Maintain a common residence, 

and intend to continue to do so (or 

would maintain a common residence 

but for an assignment abroad or other 

employment-related, financial, or 

similar obstacle); 

(iii) Are at least 18 years of age and 

mentally competent to consent to a 

contract; 

(iv) Share responsibility for a 

significant measure of each other’s 

financial obligations; 

(v) Are not married or joined in a civil 

union to anyone else; 

(vi) Are not a domestic partner of 

anyone else; 

(vii) Are not related in a way that 

would prohibit legal marriage in the 

U.S. jurisdiction in which the domestic 

partnership was formed; 

(viii) Provide documentation 

demonstrating fulfillment of the 

requirements of (i) through (vii) as 

prescribed by OPM; and 

(ix) Certify that they understand that 

willful falsification of the 

documentation described in 

subparagraph (viii) of this section may 

lead to disciplinary action and the 

recovery of the cost of benefits received 

related to such falsification and may 

constitute a criminal violation under 18 

U.S.C. 1001. 

(2) You or your domestic partner must 

notify the employing office if at any 

time between the time of application 

and the time coverage is scheduled to go 

into effect, any of the conditions listed 

in paragraphs (1)(i) through (vii) of this 

definition are no longer met, in which 

case a domestic partnership is deemed 

terminated. Such notification must be 

made as soon as possible, but in no 

event later than thirty calendar days 

after such conditions are no longer met. 

* * * * * 

Stepchild(ren), as set forth in section 

9001 of title 5, United States Code, 

means the child(ren) of the spouse or 

domestic partner of an employee, 

annuitant, member of the uniformed 

services, or retired member of the 

uniformed services. 

* * * * * 

Subpart B—Eligibility 

■ 3. Section 875.208 is revised to read 

as follows: 

§ 875.208 May I apply as a qualified 

relative if the person on whom I am basing 

my eligibility status has died? 

You may not apply as a qualified 

relative if the workforce member on 

whom you are basing your qualified 

relative status died prior to the time you 

apply for coverage, unless you are 

receiving a survivor annuity as the 

spouse or an insurable interest annuity 

as the domestic partner of a deceased 

workforce member. In this case, your 

adult children and your current spouse 

or domestic partner are also considered 

to be qualified relatives. 

■ 4. In § 875.213, paragraph (a) is 

revised to read as follows: 

§ 875.213 May I apply as a qualified 

relative if I am the domestic partner of a 

workforce member? 

(a) You may apply for coverage as a 

qualified relative if you are a domestic 

partner, as described in section 875.101 

of this chapter. As prescribed by OPM, 

you will be required to provide 

documentation to demonstrate that you 

meet these requirements, and you must 

submit to full underwriting 

requirements. However, as explained in 

section 875.210 of this chapter, if you 

lose your status as a domestic partner, 

and therefore a qualified relative, before 

your coverage goes into effect, you are 

no longer eligible for FLTCIP coverage. 

* * * * * 

Subpart D—Coverage 

■ 5. Section 875.405 is revised to read 

as follows: 

§ 875.405 If I marry, may my new spouse 

apply for coverage? If I become a domestic 

partner, may my new domestic partner 

apply for coverage? May other qualified 

relatives apply for coverage? 

(a)(1) If you are an active workforce 

member and you have married, your 

spouse is eligible to submit an 

application for coverage under this 

section within 60 days from the date of 

your marriage and will be subject to the 

underwriting requirements in force for 

the spouses of active workforce 

members during the most recent open 

season. You, however, are not eligible 

for abbreviated underwriting because of 

your marriage. You, your spouse, or 

both you and your spouse may apply for 

coverage during this 60-day period, but 

full underwriting will be required for 

you. After 60 days from the date of your 

marriage, you and/or your spouse may 

still apply for coverage but will be 

subject to full underwriting. 

(2) If you are an active workforce 

member and you have entered into a 

domestic partnership, your domestic 

partner is eligible to submit an 

application for coverage under this 

section at any time from the 

commencing date of your domestic 

partnership and will be subject to full 

underwriting requirements. You are not 

eligible for abbreviated underwriting 

because of your domestic partnership. 

You, your domestic partner, or both you 

and your domestic partner may apply 

for coverage at any time, but full 

underwriting will be required for both 

of you. 

(b) The new spouse or domestic 

partner of an annuitant or retired 

member of the uniformed services may 

apply for coverage with full 

underwriting at any time following the 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Proposed Rules 67379 

marriage or commencing date of the 

domestic partnership. 

(c) Other qualified relative(s) of a 

workforce member may apply for 

coverage with full underwriting at any 

time following the marriage or 

commencing date of the domestic 

partnership. 

■ 6. In § 875.412, the introductory text 

is revised and paragraph (e) is added to 

read as follows: 

§ 875.412 When will my coverage 

terminate? 

Except as provided in paragraph (e) of 

this section, your coverage will 

terminate on the earliest of the 

following dates: 

* * * * * 

(e) Termination of a domestic 

partnership does not terminate 

insurance coverage as long as the Carrier 

continues to receive the required 

premium when due. 

[FR Doc. 2014–26779 Filed 11–12–14; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0756; Directorate 

Identifier 2014–NM–103–AD] 

RIN 2120–AA64 

Airworthiness Directives; the Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all the 

Boeing Company Model 707 airplanes, 

and Model 720 and 720B series 

airplanes. This proposed AD is intended 

to complete certain mandated programs 

intended to support the airplane 

reaching its limit of validity (LOV) of 

the engineering data that support the 

established structural maintenance 

program. This proposed AD would 

require repetitive inspections for 

cracking of the inboard and outboard 

midspar fittings of the nacelle struts and 

of the torque bulkhead, midspar chords, 

drag fitting, and front spar support, and 

doing applicable related investigative 

and corrective actions; replacing the 

midspar fittings; and doing other 

specified actions. We are proposing this 

AD to detect and correct cracking in the 

midspar fittings of the inboard and 

outboard nacelle struts, which could 

result in the loss of the structural 

integrity of the midspar fitting. This 

condition could cause an unsafe 

separation of the engine and consequent 

wing fire. 

DATES: We must receive comments on 

this proposed AD by December 29, 

2014. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, WA 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0756; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Chandra Ramdoss, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office 

(ACO), 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 

562–627–5239; fax: 562–627–5210; 

email: chandraduth.ramdoss@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2014–0756; Directorate Identifier 2014– 

NM–103–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

As described in FAA Advisory 

Circular 120–104 (http://www.faa.gov/

documentLibrary/media/Advisory_

Circular/120-104.pdf), several programs 

have been developed to support 

initiatives that will ensure the 

continued airworthiness of aging 

airplane structure. The last element of 

those initiatives is the requirement to 

establish a limit of validity (LOV) of the 

engineering data that support the 

structural maintenance program under 

14 CFR 26.21. This proposed AD is the 

result of an assessment of the previously 

established programs by Boeing during 

the process of establishing the LOV for 

Model 707 airplanes and Model 720 and 

720B series airplanes. The actions 

specified in this proposed AD are 

necessary to complete certain programs 

to ensure the continued airworthiness of 

aging airplane structure and to support 

an airplane reaching its LOV. 

We received reports of cracked 

midspar fittings on the inboard and 

outboard nacelle struts. The airplanes 

had accumulated between 9,900 and 

63,000 total flight hours. Five of these 

airplanes had cracked midspar fittings 

that resulted in separation of the 

inboard strut and engine from the 

airplane inflight. In two of those events 

the inboard nacelle strut contacted the 

outboard engine, causing it to separate 

from the airplane. Operators have also 

reported cracking in the transition 

radius of the inboard and outboard 

midspar fittings of the nacelle struts of 

the numbers 1 and 4 engines. 

The reported cracks on the inboard 

and outboard midspar fittings of the 

nacelle struts of engines numbers 1, 2, 

3, and 4 were found to be vertical at the 


tkelley on DSK3SPTVN1PROD with PROPOSALS