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

71695 

Vol. 79, No. 232 

Wednesday, December 3, 2014 

1Pub. L 113–67 sec. 706(d) WEIGHTED 

AVERAGE FOR FIRST YEAR.—For the first 

contract year for which an employee may enroll for 

self plus one coverage under chapter 89 of title 5, 

United States Code, the Office of Personnel 

Management shall determine the weighted average 

of the subscription charges that will be in effect for 

the contract year for enrollments for self plus one 

under such chapter based on an actuarial analysis. 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Parts 890 and 892 

RIN 3206–AN08 

Federal Employees Health Benefits 

Program Self Plus One Enrollment 

Type 

AGENCY: Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: The United States Office of 

Personnel Management (OPM) is issuing 

a proposed rule to amend the Federal 

Employees Health Benefits (FEHB) 

Program regulations to add an 

additional enrollment type called ‘‘self 

plus one’’ for premium rating and 

family member eligibility purposes. 

DATES: Comments are due on or before 

February 2, 2015. 

ADDRESSES: Send written comments to 

Chelsea Ruediger, Policy Analyst, 

Planning and Policy Analysis, U.S. 

Office of Personnel Management, Room 

4312, 1900 E Street NW., Washington, 

DC; or FAX to (202) 606–4640 Attn: 

Chelsea Ruediger. You may also submit 

comments using the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Chelsea Ruediger at Chelsea.Ruediger@

opm.gov or (202) 606–0004. 

SUPPLEMENTARY INFORMATION: Section 

706 of the Bipartisan Budget Act of 2013 

adds to chapter 89 of title 5 United 

States Code a self plus one enrollment 

type for Federal employees and retirees 

under the Federal Employees Health 

Benefits (FEHB) Program. This proposed 

regulation amends 5 CFR parts 890 and 

892 to include a self plus one 

enrollment type. 

The self plus one enrollment type will 

be available starting in the 2015 Open 

Season for the 2016 plan year. A self 

plus one enrollment will cover the 

enrollee and one eligible family 

member, designated by the enrollee. The 

proposed regulation does not alter 

current FEHB family member eligibility 

guidelines. Eligible family members 

under a self plus one enrollment will be 

a spouse or an eligible child as outlined 

in § 890.302. 

The government contribution 

calculation, determined by statute in 5 

U.S.C. 8906, is based on the lesser of: (1) 

72 percent of amounts OPM determines 

are the program-wide weighted average 

of premiums in effect each year, for self 

only, self plus one, and for self and 

family enrollments, respectively, or (2) 

capped at 75 percent of the total 

premium for the particular plan option 

an enrollee selects. This government 

contribution calculation will apply to 

the three tier enrollment structure. 

Because actual enrollment data for a 

new three tier structure will not be 

available in advance, OPM will 

determine the weighted average 1 for use 

in calculating the Government 

contribution and the employee 

contribution for the first plan year in 

which the self plus one enrollment type 

is made available (5 U.S.C. 

8906(a)(1)(B)). 

The proposed regulation provides 

definitions for a self only, self plus one, 

and self and family enrollment as 

follows: 

• Self only enrollment means an 

enrollment that covers only the enrollee. 

• Self plus one enrollment means an 

enrollment that covers the enrollee and 

one eligible family member. 

• Self and family enrollment means 

an enrollment that covers the enrollee 

and all eligible family members. 

We also offer definitions for an 

increase and decrease in enrollment 

type as follows: 

• Decrease enrollment type means a 

change in enrollment from self and 

family to self plus one or to self only or 

a change from self plus one to self only. 

• Increase enrollment type means a 

change in enrollment from self only to 

self plus one or to self and family or a 

change from self plus one to self and 

family. 

This proposed regulation allows 

individuals with a self plus one 

enrollment to make enrollment changes 

during Open Season and consistent with 

the guidelines for current FEHB 

Qualifying Life Events. The following 

chart summarizes when enrollment 

changes will be allowed. Definitions for 

each of the event codes can be found on 

the SF2809 at http://www.opm.gov/

forms/pdf_fill/sf2809.pdf. 

Change Permitted for the following event codes 

For Enrollees Participating in Premium Conversion 

Increase enrollment ............................................................ 1B, 1C, 1E, 1F, 1I, 1J, 1K, 1M, 1N, 1O, 1R. 

Decrease enrollment .......................................................... 1B, 1C, 1E, 1F, 1G, 1H, 1J, 1M, 1N, 1O, 1P, 1Q, 1R. 

For Annuitants (decreases in enrollment type are allowed at any time) 

Increase enrollment ............................................................ 2A, 2B, 2F, 2G, 2H, 2I, 2J, 2K. 

For Former Spouses Under the Spouse Equity Provision (decreases in enrollment type are allowed at any time) 

Increase enrollment ............................................................ 3B, 3C, 3F, 3G, 3H, 3I. 


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2United States Office of Personnel Management, 

Congressional Budget Justification Performance 

Budget, Fiscal Year 2014, Submitted April 2013, 

available at https://www.opm.gov/about-us/budgetperformance/budgets/congressional-budgetjustification-fy2014.pdf. See also Congressional 

Budget Office, Cost Estimate, Bipartisan Budget Act 

of 2013, dated December 11, 2013, available at 

http://www.cbo.gov/sites/default/files/cbofiles/

attachments/Bipartisan%20Budget%20Act% 

20of%202013.pdf. 

Change Permitted for the following event codes 

For Temporary Continuation of Coverage (TCC) for Eligible Former Employees, Former Spouses, and Children (decreases in 

enrollment type are allowed at any time) 

Increase enrollment ............................................................ 4A (for eligible former employees only), 4B, 4C, 4D, 4F, 4G, 4H. 

For Employees Not Participating in Premium Conversion (decreases in enrollment type are allowed at any time) 

Increase enrollment ............................................................ 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5I, 5J, 5N. 

In addition, enrollees in self plus one 

are provided with an opportunity to 

switch their covered family member 

during the annual Open Season and 

outside of Open Season upon 

experiencing a change in family status, 

a change in coverage, or a change in 

eligibility. The following chart 

summarizes this. Definitions for each of 

the event codes can be found on the 

SF2809 at http://www.opm.gov/forms/

pdf_fill/sf2809.pdf. 

Change Permitted for the following event codes 

For Enrollees Participating in Premium Conversion 

Switch covered family member under a self plus one enrollment.1B, 1C, 1I, 1J, 1M, 1N, 1O, 1P, 1Q, 1R. 

For Annuitants (decreases in enrollment type are allowed at any time) 

Switch covered family member under a self plus one enrollment.2A, 2B, 2F, 2G, 2H, 2I, 2J. 

For Former Spouses Under the Spouse Equity Provision (decreases in enrollment type are allowed at any time) 

Switch covered family member under a self plus one enrollment.3B, 3C, 3F, 3G, 3H, 3I. 

For Temporary Continuation of Coverage (TCC) for Eligible Former Employees, Former Spouses, and Children (decreases in 

enrollment type are allowed at any time) 

Switch covered family member under a self plus one enrollment.4B, 4C, 4D, 4F, 4G, 4H. 

For Employees Not Participating in Premium Conversion (decreases in enrollment type are allowed at any time) 

Switch covered family member under a self plus one enrollment.5B, 5C, 5F, 5G, 5H, 5I, 5J, 5N. 

We are requesting comments on these 

amendments and on the implementation 

of the self plus one enrollment type. 

Regulatory Impact Analysis 

OPM has examined the impact of this 

proposed rule as required by Executive 

Order 12866 and Executive Order 

13563, which directs 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 that 

may have economically significant 

effects (i.e., effects of $100 million or 

more in at least one year). Given that 

there are approximately 8.2 million 

members participating in the FEHB 

Program and participation involves 

hundreds of dollars per member per 

month, we cannot rule out the 

possibility that this proposed rule’s 

changes to the FEHB Program will have 

effects that meet the threshold for 

economic significance. However, we do 

expect the overall federal budget impact 

of this proposed rule to be net neutral. 

The new enrollment tier will align the 

FEHB Program with the commercial 

market and serve to spread costs across 

different enrollment types; in other 

words, it will shift costs among program 

participants. Under OPM’s policies, 

current enrollees with Self and Family 

coverage who only have one dependent 

are expected to have lower premiums 

under the new enrollment tier, while 

those with more than one dependent are 

expected to have higher premiums. A 

large percentage of annuitants who 

currently have Self and Family coverage 

would likely benefit from a Self-Plus 

One premium tier, resulting in 

mandatory savings to the government 

because the government share of 

annuitant premiums will decrease. As 

enrollees shift from Self and Family 

enrollments, OPM will closely monitor 

the effect on premiums for those 

remaining in that enrollment type. If 

premiums for active employees with 

more than one covered family member 

rise, there will be increasing costs to the 

government (assuming appropriation of 

necessary funds).2

The impact of this proposed rule 

hinges upon the relative premiums for 

self plus one and self and family 

insurance options. Because the self and 

family option includes coverage for a 

larger number of people, a natural 

assumption would be that premiums 

(both the portion paid by the 


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3Similarly, federal employees and annuitants 

who, in the absence of the rule, would choose not 

to participate in the FEHB Program may choose self 

plus one enrollment. For example, this outcome 

might occur if a federal employee’s spouse has 

access to health insurance with a family or plus-one 

premium that is less than the combined premiums 

for the federal employee’s self only enrollment and 

the spouse’s self only enrollment, but the relevant 

FEHB self plus one premium is even further below 

the combined premiums than the family or plus-one 

premium through the spouse’s employer. 

government and the portion paid by the 

federal employee or annuitant) would 

be lower with self plus one enrollment 

than with self and family enrollment. In 

that case, several rule-induced outcomes 

are likely: 

• Federal employees and annuitants 

who, in the absence of the rule, would 

choose self and family enrollment for 

themselves and either a spouse or a 

child would switch to self-plus-one 

enrollment, resulting in lower premium 

payments for both the employees and 

annuitants and the federal government. 

• Federal employees and annuitants 

choosing self and family enrollment for 

themselves and at least two family 

members would experience an increase 

in premiums and therefore, in some 

cases, may choose to switch from FEHB 

to an alternative health insurance 

option. If all such families continued 

with FEHB participation, the 

government would experience an 

increase in premium payments that 

would (in theory) exactly offset the 

decreases associated with two-person 

families switching from self and family 

to self plus one enrollment; however, 

any switching away from FEHB would 

mitigate the premium increases 

experienced by the federal government, 

instead potentially leading to payment 

increases by any contributors to the 

newly-chosen insurance options (an 

obvious example would be the employer 

of a federal employee’s or annuitant’s 

spouse if that employer sponsors the 

newly-chosen insurance). 

• Federal employees and annuitants 

who, in the absence of the rule, would 

choose self only enrollment in spite of 

having a spouse or child who would be 

eligible for coverage under self and 

family enrollment may choose self plus 

one enrollment. For example, this 

outcome might occur if a self and family 

premium is greater than the combined 

premiums for a federal employee’s self 

only enrollment and a spouse’s self only 

enrollment in health insurance through 

his or her own employer, but the 

relevant FEHB self plus one premium is 

less than the combined premiums.3 In 

this type of scenario in which the 

federal employee’s or annuitant’s 

enrollment increases, the federal 

government would pay more in 

premiums (relative to a baseline in 

which this rule is not finalized) but the 

federal employee’s or annuitant’s family 

would pay less. Any contributors to the 

insurance in which the family member 

would be enrolled in the absence of the 

rule—such as the employer of the 

federal employee’s spouse in the 

preceding example—would also pay 

less. 

The premium payments newly made 

by the entities listed above are 

appropriately categorized as costs to 

society if rule-induced changes in 

health insurance enrollment would be 

associated with providing additional or 

higher-quality medical services to 

affected individuals. These costs would 

presumably be associated with health 

and longevity benefits. Analogously, 

overall reductions in premium 

payments are appropriately categorized 

as cost savings for society if ruleinduced changes in health insurance 

enrollment would be associated with 

providing lower amounts or quality of 

medical services. These cost savings 

would presumably be associated with 

reductions in health and longevity. To 

the extent that new patterns of 

enrollment do not change how society 

uses its resources, then effects described 

above would be transfers between 

members of society, rather than social 

costs or benefits. 

We lack data with which to quantify 

rule-induced costs, transfers or public 

health benefits. We therefore request 

comments on any of this proposed rule’s 

impacts. 

Regulatory Flexibility Act 

I propose to certify that this regulation 

will not have a significant economic 

impact on a substantial number of small 

entities because the regulation only 

adds a self plus one enrollment tier to 

the current self only and self and family 

enrollment tiers under FEHB. 

Executive Orders 13563 and 12866, 

Regulatory Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Orders 

13563 and 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 and 

892 

Administrative practice and 

procedure, Government employees, 

Health facilities, Health insurance, 

Health professions, Hostages, Iraq, 

Kuwait, Lebanon, Military personnel, 

Reporting and recordkeeping 

requirements, Taxes, Wages. 

Retirement. 

U.S. Office of Personnel Management. 

Katherine Archuleta, 

Director. 

Accordingly, OPM proposes to amend 

5 CFR parts 890 and 892 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. Amend § 890.101 by: 

■ a. Revising the definitions of ‘‘Change 

the enrollment’’ and ‘‘Covered family 

member’’; and 

■ b. Adding the definitions of ‘‘Decrease 

enrollment type,’’ ‘‘Increase enrollment 

type,’’ ‘‘Self and family enrollment,’’ 

‘‘Self only enrollment,’’ and ‘‘Self plus 

one enrollment’’ in alphabetical order. 

The revisions and additions read as 

follows: 

§ 890.101 Definitions; time computations. 

* * * * * 

Change the enrollment means to 

submit to the employing office an 

appropriate request electing a change of 

enrollment to a different plan or option, 

or to a different type of coverage (self 

only, self plus one, or self and family). 

* * * * * 

Covered family member means a 

member of the family of an enrollee 

with a self plus one or self and family 

enrollment who meets the requirements 

of § 890.302, § 890.804, or § 890.1106(a), 

as appropriate to the type of enrollee. 

Decrease enrollment type means a 

change in enrollment from self and 

family to self plus one or to self only or 

a change from self plus one to self only. 

* * * * * 

Increase enrollment type means a 

change in enrollment from self only to 


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self plus one or to self and family or a 

change from self plus one to self and 

family. 

* * * * * 

Self and family enrollment means an 

enrollment that covers the enrollee and 

all eligible family members. 

Self only enrollment means an 

enrollment that covers only the enrollee. 

Self plus one enrollment means an 

enrollment that covers the enrollee and 

one eligible family member. 

* * * * * 

■ 3. Amend § 890.201 by revising (a)(6) 

to read as follows: 

§ 890.201 Minimum standards for health 

benefits plans. 

(a) * * * 

(6) Provide a standard rate structure 

that contains, for each option, one 

standard self only rate, one standard self 

plus one rate and one standard self and 

family rate. 

* * * * * 

■ 4. Amend § 890.301 by revising 

paragraphs (e), (f)(3), (g)(1) and (3), (h) 

introductory text, (i) introductory text 

and (i)(1), and (m) to read as follows: 

§ 890.301 Opportunities for employees 

who are not participants in premium 

conversion to enroll or change enrollment; 

effective dates. 

* * * * * 

(e) Decreasing enrollment type. (1) 

Subject to two exceptions, an employee 

may decrease enrollment type at any 

time. Exceptions: 

(i) An employee participating in 

health insurance premium conversion 

may decrease enrollment type during an 

open season or because of and 

consistent with a qualifying life event as 

defined in part 892 of this chapter. 

(ii) An employee who is subject to a 

court or administrative order as 

discussed in § 890.301(g)(3) may not 

decrease enrollment type in a way that 

eliminates coverage of a child identified 

in the order as long as the court or 

administrative order is still in effect and 

the employee has at least one child 

identified in the order who is still 

eligible under the FEHB Program, unless 

the employee provides documentation 

to the agency that he or she has other 

coverage for the child(ren). The 

employee may not elect self only as long 

as he or she has one child identified as 

covered, but may elect self plus one. 

(2) A decrease in enrollment type 

takes effect on the first day of the first 

pay period that begins after the date the 

employing office receives an 

appropriate request to change the 

enrollment, except that at the request of 

the enrollee and upon a showing 

satisfactory to the employing office that 

there was no family member eligible for 

coverage under the self plus one or self 

and family enrollment, or only one 

family member eligible for coverage 

under the self and family enrollment, as 

appropriate, the employing office may 

make the change effective on the first 

day of the pay period following the one 

in which there was, in the case of a self 

plus one enrollment, no family member 

or, in the case of a self only enrollment, 

only one or no family member. 

(f) * * * 

(3) With one exception, during an 

open season, an eligible employee may 

enroll and an enrolled employee may 

decrease or increase enrollment type, 

may change from one plan or option to 

another, or may make any combination 

of these changes. Exception: An 

employee who is subject to a court or 

administrative order as discussed in 

§ 890.301(g)(3) may not cancel his or her 

enrollment, decrease enrollment type, or 

change to a comprehensive medical 

plan that does not serve the area where 

his or her child or children live as long 

as the court or administrative order is 

still in effect, and the employee has at 

least one child identified in the order 

who is still eligible under the FEHB 

Program, unless the employee provides 

documentation to the agency that he or 

she has other coverage for the 

child(ren). The employee may not elect 

self only as long as he or she has one 

child identified as covered, but may 

elect self plus one. 

* * * * * 

(g) Change in family status. (1) An 

eligible employee may enroll and an 

enrolled employee may decrease or 

increase enrollment type, change from 

one plan or option to another, or make 

any combination of these changes when 

the employee’s family status changes, 

including a change in marital status or 

any other change in family status. The 

employee must enroll or change the 

enrollment within the period beginning 

31 days before the date of the change in 

family status, and ending 60 days after 

the date of the change in family status. 

* * * * * 

(3)(i) If an employing office receives a 

court or administrative order on or after 

October 30, 2000, requiring an employee 

to provide health benefits for his or her 

child or children, the employing office 

will determine if the employee has a self 

plus one or self and family enrollment, 

as appropriate, in a health benefits plan 

that provides full benefits in the area 

where the child or children live. If the 

employee does not have the required 

enrollment, the agency must notify him 

or her that it has received the court or 

administrative order and give the 

employee until the end of the following 

pay period to change his or her 

enrollment or provide documentation to 

the employing office that he or she has 

other coverage for the child or children. 

If the employee does not comply within 

these time frames, the employing office 

must enroll the employee involuntarily 

as stated in paragraph (g)(3)(ii) of this 

section. 

(ii) If the employee is not enrolled or 

does not enroll, the agency must enroll 

him or her for self plus one or self and 

family coverage, as appropriate, in the 

option that provides the lower level of 

coverage in the Service Benefit Plan. If 

the employee is enrolled but does not 

increase the enrollment type in a way 

that is sufficient to cover the child or 

children, the employing office must 

change the enrollment to self plus one 

or self and family, as appropriate, in the 

same option and plan, as long as the 

plan provides full benefits in the area 

where the child or children live. If the 

employee is enrolled in a 

comprehensive medical plan that does 

not serve the area in which the child or 

children live, the employing office must 

change the enrollment to self plus one 

or self and family, as appropriate, in the 

option that provides the lower level of 

coverage in the Service Benefit Plan. 

* * * * * 

(h) Change in employment status. An 

eligible employee may enroll and an 

enrolled employee may decrease or 

increase enrollment type, change from 

one plan or option to another, or make 

any combination of these changes when 

the employee’s employment status 

changes. Except as otherwise provided, 

an employee must enroll or change the 

enrollment within 60 days after the 

change in employment status. 

Employment status changes include, but 

are not limited to— 

* * * * * 

(i) Loss of coverage under this part or 

under another group insurance plan. An 

eligible employee may enroll and an 

enrolled employee may decrease or 

increase enrollment type, change from 

one plan or option to another, or make 

any combination of these changes when 

the employee or an eligible family 

member of the employee loses coverage 

under this part or another group health 

benefits plan. Except as otherwise 

provided, an employee must enroll or 

change the enrollment within the period 

beginning 31 days before the date of loss 

of coverage, and ending 60 days after 

the date of loss of coverage. Losses of 

coverage include, but are not limited 

to— 

(1) Loss of coverage under another 

FEHB enrollment due to the 


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termination, cancellation, or a change to 

self plus one or to self only, of the 

covering enrollment. 

* * * * * 

(m) An employee or eligible family 

member becomes eligible for premium 

assistance under Medicaid or a State 

Children’s Health Insurance Program 

(CHIP). An eligible employee may enroll 

and an enrolled employee may decrease 

or increase enrollment type, change 

from one plan or option to another, or 

make any combination of these changes 

when the employee or an eligible family 

member of the employee becomes 

eligible for premium assistance under a 

Medicaid plan or CHIP. An employee 

must enroll or change his or her 

enrollment within 60 days after the date 

the employee or family member is 

determined to be eligible for assistance. 

■ 5. Amend § 890.302 by revising 

paragraphs (a)(1), (a)(2)(ii), and (c) 

introductory text and adding paragraph 

(f) to read as follows: 

§ 890.302 Coverage of family members. 

(a)(1) An enrollment for self plus one 

includes the enrollee and one eligible 

family member. An enrollment for self 

and family includes all family members 

who are eligible to be covered by the 

enrollment. Except as provided in 

paragraph (a)(2) of this section, no 

employee, former employee, annuitant, 

child, or former spouse may enroll or be 

covered as a family member if he or she 

is already covered under another 

person’s self plus one or self and family 

enrollment in the FEHB Program. 

(2) * * * 

(ii) Exception. An individual 

described in paragraph (a)(2)(i) of this 

section may enroll if he or she or his or 

her eligible family members would 

otherwise not have access to coverage, 

in which case the individual may enroll 

in his or her own right for self only, self 

plus one, or self and family coverage, as 

appropriate. However, an eligible 

individual is entitled to receive benefits 

under only one enrollment regardless of 

whether he or she qualifies as a family 

member under a spouse’s or parent’s 

enrollment. To ensure that no person 

receives benefits under more than one 

enrollment, each enrollee must 

promptly notify the insurance carrier as 

to which person(s) will be covered 

under his or her enrollment. These 

individuals are not covered under the 

other enrollment. Examples include but 

are not limited to: 

(A) To protect the interests of married 

or legally separated Federal employees, 

annuitants, and their children, an 

employee or annuitant may enroll in his 

or her own right in a self only, self plus 

one, or self and family enrollment, as 

appropriate, even though his or her 

spouse also has a self plus one or self 

and family enrollment if the employee, 

annuitant, or his or her children live 

apart from the spouse and would 

otherwise not have access to coverage 

due to a service area restriction and the 

spouse refuses to change health plans. 

(B) When an employee who is under 

age 26 and covered under a parent’s self 

plus one or self and family enrollment 

acquires an eligible family member, the 

employee may elect to enroll for self 

plus one or self and family coverage. 

* * * * * 

(c) Child incapable of self-support. 

When an individual’s enrollment for 

self plus one or self and family includes 

a child who has become 26 years of age 

and is incapable of self-support, the 

employing office must require such 

enrollee to submit a physician’s 

certificate verifying the child’s 

disability. The certificate must— 

* * * * * 

(f) Switching a covered family 

member. An enrollee with a self plus 

one enrollment may switch his or her 

covered family member during the 

annual Open Season, upon a change in 

family status, upon a change in 

coverage, or upon a change in eligibility, 

so long as switching a covered family 

member is consistent with the event that 

has taken place. 

■ 6. Amend § 890.303 by revising 

paragraphs (c), (d)(2)(ii), and the 

paragraph heading to (d)(3) to read as 

follows: 

§ 890.303 Continuation of enrollment. 

* * * * * 

(c) On death. (1) The enrollment of a 

deceased employee or annuitant who is 

enrolled for self plus one or self and 

family (as opposed to self only) is 

transferred automatically to his or her 

eligible survivor annuitant(s) covered by 

the enrollment, as applicable. For self 

and family, the enrollment is considered 

to be that of: 

(i) The survivor annuitant from whose 

annuity all or the greatest portion of the 

withholding for health benefits is made; 

or 

(ii) The surviving spouse entitled to a 

basic employee death benefit. 

(2) The enrollment covers members of 

the family of the deceased employee or 

annuitant. In those instances in which 

the annuity is split among surviving 

family members, multiple enrollments 

are allowed. A remarried spouse is not 

a member of the family of the deceased 

employee or annuitant unless annuity 

under section 8341 or 8442 of title 5, 

United States Code, continues after 

remarriage. 

(d) * * * 

(2) * * * 

(ii) If the surviving spouse of a 

deceased employee or annuitant is 

enrolled as an employee with a self plus 

one or self and family enrollment (or, if 

both the decedent and the surviving 

spouse were enrolled in a self only or 

self plus one enrollment) at the time the 

surviving spouse becomes a survivor 

annuitant and the surviving spouse is 

thereafter separated without entitlement 

to continued enrollment as a retiree, the 

surviving spouse is entitled to enroll as 

a survivor annuitant. The change from 

coverage as an employee to coverage as 

a survivor annuitant must be made 

within 30 days of separation from 

service. 

* * * * * 

(3) Insurable interest survivor annuity. 

* * * * * 

■ 7. Amend § 890.306 by revising 

paragraphs (e), (f)(1)(i), (g)(1), (l) 

introductory text, (l)(1), (n), and (r) as 

follows: 

§ 890.306 When can annuitants or survivor 

annuitants change enrollment or reenroll 

and what are the effective dates? 

* * * * * 

(e) Decreasing enrollment type. (1) 

With one exception, an annuitant may 

decrease enrollment type at any time. 

Exception: An annuitant who, as an 

employee, was subject to a court or 

administrative order as discussed in 

§ 890.301(g)(3) at the time he or she 

retired may not, after retirement, 

decrease enrollment type in a way that 

eliminates coverage of a child identified 

in the order as long as the court or 

administrative order is still in effect and 

the annuitant has at least one child 

identified in the order who is still 

eligible under the FEHB Program, unless 

the annuitant provides documentation 

to the retirement system that he or she 

has other coverage for the child or 

children. The annuitant may not elect 

self only as long as he or she has one 

child identified as covered, but may 

elect self plus one. 

(2) A decrease in enrollment type 

takes effect on the first day of the first 

pay period that begins after the date the 

employing office receives an 

appropriate request to change the 

enrollment, except that at the request of 

the annuitant and upon a showing 

satisfactory to the employing office that 

there was no family member eligible for 

coverage under the self plus one or self 

and family enrollment, or only one 

family member eligible for coverage 

under the self and family enrollment, as 

appropriate, the employing office may 

make the change effective on the first 

day of the pay period following the one 


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71700 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Proposed Rules 

in which there was, in the case of a self 

plus one enrollment, no family member 

or, in the case of a self and family 

enrollment, only one or no family 

member. 

(f) * * * 

(1) * * * 

(i) With one exception, an enrolled 

annuitant may decrease or increase 

enrollment type, may change from one 

plan or option to another, or may make 

any combination of these changes. 

Exception: An annuitant who, as an 

employee, was subject to a court or 

administrative order as discussed in 

§ 890.301(g)(3) at the time he or she 

retired may not cancel or suspend his or 

her enrollment, decrease enrollment 

type, in a way that eliminates coverage 

of a child identified in the order or 

change to a comprehensive medical 

plan that does not serve the area where 

his or her child or children live after 

retirement as long as the court or 

administrative order is still in effect and 

the annuitant has at least one child 

identified in the order who is still 

eligible under the FEHB Program, unless 

the annuitant provides documentation 

to the retirement system that he or she 

has other coverage for the child or 

children. The annuitant may not elect 

self only as long as he or she has one 

child identified as covered, but may 

elect self plus one. 

* * * * * 

(g) Change in family status. (1) An 

enrolled former employee in receipt of 

an annuity may decrease or increase 

enrollment type, change from one plan 

or option to another, or make any 

combination of these changes when the 

annuitant’s family status changes, 

including a change in marital status or 

any other change in family status. In the 

case of an enrolled survivor annuitant, 

a change in family status based on 

additional family members occurs only 

if the additional family members are 

family members of the deceased 

employee or annuitant. The annuitant 

must change the enrollment within the 

period beginning 31 days before the date 

of the change in family status, and 

ending 60 days after the date of the 

change in family status. 

* * * * * 

(l) Loss of coverage under this part or 

under another group insurance plan. An 

annuitant who meets the requirements 

of paragraph (a) of this section, and who 

is not enrolled but is covered by another 

enrollment under this part may 

continue coverage by enrolling in his or 

her own name when the annuitant loses 

coverage under the other enrollment 

under this part. An enrolled annuitant 

may decrease or increase enrollment 

type, change from one plan or option to 

another, or make any combination of 

these changes when the annuitant or an 

eligible family member of the annuitant 

loses coverage under this part or under 

another group health benefits plan. 

Except as otherwise provided, an 

annuitant must enroll or change the 

enrollment within the period beginning 

31 days before the date of loss of 

coverage and ending 60 days after the 

date of loss of coverage. Losses of 

coverage include, but are not limited 

to— 

(1) Loss of coverage under another 

FEHB enrollment due to the 

termination, cancellation, or a change to 

self plus one or self only, of the covering 

enrollment; 

* * * * * 

(n) Overseas post of duty. An 

annuitant may decrease or increase 

enrollment type, change from one plan 

or option to another, or make any 

combination of these changes within 60 

days after the retirement or death of the 

employee on whose service title to 

annuity is based, if the employee was 

stationed at a post of duty outside a 

State of the United States or the District 

of Columbia at the time of retirement or 

death. 

* * * * * 

(r) Sole survivor. When an employee 

or annuitant enrolled for self plus one 

or self and family dies, leaving a 

survivor annuitant who is entitled to 

continue the enrollment, and it is 

apparent from available records that the 

survivor annuitant is the sole survivor 

entitled to continue the enrollment, the 

office of the retirement system which is 

acting as employing office must change 

the enrollment from self plus one or self 

and family to self only, effective on the 

commencing date of the survivor 

annuity. On request of the survivor 

annuitant made within 31 days after the 

first installment of annuity is paid, the 

office of the retirement system which is 

acting as employing office must rescind 

the action retroactive to the effective 

date of the change to self only, with 

corresponding adjustment in 

withholdings and contributions. 

* * * * * 

■ 8. Amend § 890.401 by revising 

paragraph (a)(1) to read as follows: 

§ 890.401 Temporary extension of 

coverage and conversion. 

(a) Thirty-one day extension and 

conversion. (1) An enrollee whose 

enrollment is terminated other than by 

cancellation of the enrollment or 

discontinuance of the plan, in whole or 

part, and a covered family member 

whose coverage is terminated other than 

by cancellation of the enrollment or 

discontinuance of the plan, in whole or 

in part, is entitled to a 31-day extension 

of coverage for self only, self plus one, 

or self and family, as the case may be, 

without contributions by the enrollee or 

the Government, during which period 

he or she is entitled to exercise the right 

of conversion provided for by this part. 

The 31-day extension of coverage and 

the right of conversion for any person 

ends on the effective date of a new 

enrollment under this part covering the 

person. 

* * * * * 

■ 9. Amend § 890.501 by revising 

paragraph (b) introductory text, (b)(2)(i), 

and (b)(3) to read as follows: 

§ 890.501 Government contributions. 

* * * * * 

(b) In accordance with the provisions 

of 5 U.S.C. 8906(a) which take effect 

with the contract year that begins in 

January 1999, OPM will determine the 

amounts representing the weighted 

average of subscription charges in effect 

for each contract year, for self only, self 

plus one, and self and family 

enrollments, as follows: 

* * * * * 

(2)* * * 

(i) When a subscription charge for an 

upcoming contract year applies to a 

plan that is the result of a merger of two 

or more plans which contract separately 

with OPM during the determination 

year, or applies to a plan which will 

cease to offer two benefits options, OPM 

will combine the self only enrollments, 

the self plus one enrollments, and the 

self and family enrollments from the 

merging plans, or from a plan’s benefits 

options, for purposes of weighting 

subscription charges in effect for the 

successor plan for the upcoming 

contract year. 

* * * * * 

(3) After OPM weights each 

subscription charge as provided in 

paragraph (b)(2) of this section, OPM 

will compute the total of subscription 

charges associated with self only 

enrollments, self plus one enrollments, 

and self and family enrollments, 

respectively. OPM will divide each 

subscription charge total by the total 

number of enrollments such amount 

represents to obtain the program-wide 

weighted average subscription charges 

for self only and for self plus one and 

self and family enrollments, 

respectively. 

* * * * * 

■ 10. Amend § 890.804 by revising 

paragraph (a) to read as follows: 


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§ 890.804 Coverage. 

(a) Type of enrollment. A former 

spouse who meets the requirements of 

§ 890.803 may elect coverage for self 

only, self plus one, or self and family. 

A self and family enrollment covers 

only the former spouse and all eligible 

children of both the former spouse and 

the employee, former employee, or 

employee annuitant, provided such 

children are not otherwise covered by a 

health plan under this part. A self plus 

one enrollment covers only the former 

spouse and one eligible child of both the 

former spouse and the employee, former 

employee, or employee annuitant, 

provided the child is not otherwise 

covered by a health plan under this part. 

A child must be under age 26 or 

incapable of self-support because of a 

mental or physical disability existing 

before age 26. No person may be 

covered by two enrollments. 

* * * * * 

■ 11. Amend § 890.806 by revising 

paragraphs (e), (f)(1)(i), (g)(1), (j) 

introductory text, and (j)(1) to read as 

follows: 

§ 890.806 When can former spouses 

change enrollment or reenroll and what are 

the effective dates? 

* * * * * 

(e) Decreasing enrollment type. (1) A 

former spouse may decrease enrollment 

type at any time. 

(2) A decrease in enrollment type 

takes effect on the first day of the first 

pay period that begins after the date the 

employing office receives an 

appropriate request to change the 

enrollment, except that at the request of 

the former spouse and upon a showing 

satisfactory to the employing office that 

there was no family member eligible for 

coverage under the self plus one or self 

and family enrollment, or only one 

family member eligible for coverage 

under the self and family enrollment, as 

appropriate, the employing office may 

make the change effective on the first 

day of the pay period following the one 

in which there was, in the case of a self 

plus one enrollment, no family member 

or, in the case of a self and family 

enrollment, only one or no family 

member. 

(f) * * * 

(i) An enrolled former spouse may 

decrease enrollment type, increase 

enrollment type provided the family 

member(s) to be covered under the 

enrollment is eligible for coverage under 

§ 890.804, change from one plan or 

option to another, or make any 

combination of these changes. 

* * * * * 

(g) Change in family status. (1) An 

enrolled former spouse may increase 

enrollment type, change from one plan 

or option to another, or make any 

combination of these changes within the 

period beginning 31 days before and 

ending 60 days after the birth or 

acquisition of a child who meets the 

eligibility requirements of § 890.804. 

* * * * * 

(j) Loss of coverage under this part or 

under another group insurance plan. An 

enrolled former spouse may decrease or 

increase enrollment type, change from 

one plan or option to another or make 

any combination of these changes when 

the former spouse or a child who meets 

the eligibility requirements under 

§ 890.804 loses coverage under another 

enrollment under this part or under 

another group health benefits plan. 

Except as otherwise provided, the 

former spouse must change the 

enrollment within the period beginning 

31 days before the date of loss of 

coverage and ending 60 days after the 

date of loss of coverage, provided he or 

she continues to meet the eligibility 

requirements under § 890.803. Losses of 

coverage include but are not limited 

to— 

(1) Loss of coverage under another 

FEHB enrollment due to the 

termination, cancellation, or a change to 

self plus one or self only, of the covering 

enrollment; 

* * * * * 

■ 12. Amend § 890.1103 by revising 

paragraphs (a)(2) and (3) to read as 

follows: 

§ 890.1103 Eligibility. 

(a) * * * 

(2) Individuals whose coverage as 

children under the self plus one or self 

and family enrollment of an employee, 

former employee, or annuitant ends 

because they cease meeting the 

requirements for being considered 

covered family members. For the 

purpose of this section, children who 

are enrolled under this part as survivors 

of deceased employees or annuitants are 

considered to be children under a self 

plus one or self and family enrollment 

of an employee or annuitant at the time 

of the qualifying event. 

(3) Former spouses of employees, of 

former employees having continued self 

plus one or self and family coverage 

under this subpart, or of annuitants, if 

the former spouse would be eligible for 

continued coverage under subpart H of 

this part except for failure to meet the 

requirement of § 890.803(a)(1) or 

§ 890.803(a)(3) of this part or the 

documentation requirements of 

§ 890.806(a) of this part, including 

former spouses who lose eligibility 

under subpart H within 36 months after 

termination of the marriage because 

they ceased meeting the requirement of 

§ 890.803(a)(1) or § 890.803(a)(3) of this 

part. 

* * * * * 

■ 13. Amend § 890.1106 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 890.1106 Coverage. 

(a) Type of enrollment. An individual 

who enrolls under this subpart may 

elect coverage for self only, self plus 

one, or self and family. 

* * * * * 

■ 14. Amend § 890.1108 by revising 

paragraphs (d), (e)(1), (f)(1) and (2), (h) 

introductory text, and (h)(1) to read as 

follows: 

§ 890.1108 Opportunities to change 

enrollment; effective dates. 

* * * * * 

(d) Decreasing enrollment type. (1) An 

enrollee may decrease enrollment type 

at any time. 

(2) A decrease in enrollment type 

takes effect on the first day of the first 

pay period that begins after the date the 

employing office receives an 

appropriate request to change the 

enrollment, except that at the request of 

the enrollee and upon a showing 

satisfactory to the employing office that 

there was no family member eligible for 

coverage under the self plus one or self 

and family enrollment, or only one 

family member eligible for coverage 

under the self and family enrollment, as 

appropriate, the employing office may 

make the change effective on the first 

day of the pay period following the one 

in which there was, in the case of a self 

plus one enrollment, no family member 

or, in the case of a self and family 

enrollment, only one or no family 

member. 

(e) Open season. (1) During an open 

season as provided by § 890.301(f), an 

enrollee (except for a former spouse 

who is eligible for continued coverage 

under § 890.1103(a)(3)) may decrease or 

increase enrollment type, change from 

one plan or option to another, or make 

any combination of these changes. A 

former spouse who is eligible for 

continued coverage under 

§ 890.1103(a)(3) may change from one 

plan or option to another, but may not 

change from self only to self plus one 

or self and family unless the individual 

to be covered under the self plus one or 

self and family enrollment qualifies as 

a family member under § 890.1106(a)(2). 

* * * * * 

(f) Change in family status. (1) Except 

for a former spouse, an enrollee may 

decrease or increase enrollment type, 

change from one plan or option to 


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71702 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Proposed Rules 

another, or make any combination of 

these changes when the enrollee’s 

family status changes, including a 

change in marital status or any other 

change in family status. The enrollee 

must change the enrollment within the 

period beginning 31 days before the date 

of the change in family status, and 

ending 60 days after the date of the 

change in family status. 

(2) A former spouse who is covered 

under this section may increase 

enrollment type, change from one plan 

or option to another, or make any 

combination of these changes within the 

period beginning 31 days before and 

ending 60 days after the birth or 

acquisition of a child who qualifies as 

a covered family member under 

§ 890.1106(a)(2). 

* * * * * 

(h) Loss of coverage under this part or 

under another group insurance plan. An 

enrollee may decrease or increase 

enrollment type, change from one plan 

or option to another, or make any 

combination of these changes when the 

enrollee loses coverage under this part 

or a qualified family member of the 

enrollee loses coverage under this part 

or under another group health benefits 

plan. Except as otherwise provided, an 

enrollee must change the enrollment 

within the period beginning 31 days 

before the date of loss of coverage and 

ending 60 days after the date of loss of 

coverage. Losses of coverage include, 

but are not limited to— 

(1) Loss of coverage under another 

FEHB enrollment due to the 

termination, cancellation, or change to 

self plus one or to self only, of the 

covering enrollment. 

* * * * * 

■ 15. Amend § 890.1202 by revising the 

definition of ‘‘Covered family members’’ 

to read as follows: 

§ 890.1202 Definitions. 

* * * * * 

Covered family members as it applies 

to individuals covered under this 

subpart has the same meaning as set 

forth in § 890.101(a). For eligible 

survivors of individuals enrolled under 

this subpart, a self plus one enrollment 

covers only the survivor or former 

spouse and one eligible child of both the 

survivor or former spouse and hostage. 

A self and family enrollment covers 

only the survivor or former spouse and 

any eligible children of both the 

survivor or former spouse and hostage. 

* * * * * 

■ 16. Amend § 890.1203 by revising 

paragraph (b) to read as follows: 

§ 890.1203 Coverage. 

* * * * * 

(b) An individual who is covered 

under this subpart is covered under the 

Standard Option of the Service Benefit 

Plan. The individual has a self and 

family enrollment unless the U.S. 

Department of State determines that the 

individual is married and has no 

eligible children, or is unmarried and 

has one eligible child, in which case the 

individual is covered under a self plus 

one enrollment, or unless the U.S. 

Department of State determines that the 

individual is unmarried and has no 

eligible children, in which case the 

individual has a self only enrollment. 

* * * * * 

■ 17. Amend § 890.1205 by revising 

paragraphs (a) and (b) to read as follows: 

§ 890.1205 Change in type of enrollment. 

(a) Individuals covered under this 

subpart or eligible survivors enrolled 

under this subpart may increase 

enrollment type if they acquire an 

eligible family member. The change may 

be made at the written request of the 

enrollee at any time after the family 

member is acquired. An increase in 

enrollment type under this paragraph 

becomes effective on the 1st day of the 

pay period after the pay period during 

which the request is received by the 

U.S. Department of State, except that a 

change based on the birth or addition of 

a child as a new family member is 

effective on the 1st day of the pay 

period during which the child is born or 

otherwise becomes a new family 

member. 

(b) Individuals covered under this 

subpart or eligible survivors enrolled 

under this subpart may decrease 

enrollment type from a self and family 

enrollment when the last eligible family 

member (other than the enrollee) ceases 

to be a family member or only one 

family member remains; and may 

decrease enrollment type from a self 

plus one enrollment when no family 

member remains. The change may be 

made at the written request of the 

enrollee at any time after the last family 

member is lost and it becomes effective 

on the 1st day of the pay period after the 

pay period during which the request is 

received by the U.S. Department of 

State. 

* * * * * 

■ 18. Amend § 890.1209 by revising 

paragraph (c) to read as follows: 

§ 890.1209 Responsibilities of the U.S. 

Department of State. 

* * * * * 

(c) The U.S. Department of State must 

determine the number of eligible family 

members, if any, for the purpose of 

coverage under a self only, self plus one, 

or self and family enrollment as set forth 

in § 890.1203(b). If the number of 

eligible family members of the 

individual cannot be determined, the 

U.S. Department of State must enroll the 

individual for self and family coverage. 

PART 892—FEDERAL FLEXIBLE 

BENEFITS PLAN: PRE-TAX PAYMENT 

OF HEALTH BENEFITS PREMIUMS 

■ 19. The authority citation for part 892 

is revised to read as follows: 

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

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

■ 20. Amend § 892.101 by revising 

paragraphs (9) and (13) in the definition 

of ‘‘Qualifying life event’’ to read as 

follows: 

§ 892.101 Definitions. 

* * * * * 

Qualifying life event.* * * 

(9) An employee becomes entitled to 

Medicare. (For change to self only, self 

plus one, cancellation, or change in 

premium conversion status see 

§ 892.101 (11)). 

* * * * * 

(13) An employee or eligible family 

member becomes eligible for premium 

assistance under Medicaid or a State 

Children’s Health Insurance Program 

(CHIP). An eligible employee may enroll 

and an enrolled employee may decrease 

or increase enrollment type, change 

from one plan or option to another, or 

make any combination of these changes 

when the employee or an eligible family 

member of the employee becomes 

eligible for premium assistance under a 

Medicaid plan or a State Children’s 

Health Insurance Program. An employee 

must enroll or change his or her 

enrollment within 60 days after the date 

the employee or family member is 

determined to be eligible for assistance. 

■ 21. Amend § 892.207 by revising 

paragraph (b) to read as follows: 

§ 892.207 Can I make changes to my FEHB 

enrollment while I am participating in 

premium conversion? 

* * * * * 

(b) However, if you are participating 

in premium conversion there are two 

exceptions: you must have a qualifying 

life event to decrease enrollment type or 

to cancel FEHB coverage entirely. (See 

§§ 892.209 and 892.210.) Your change in 

enrollment must be consistent with and 

correspond to your qualifying life event 

as described in § 892.101. These 

limitations apply only to changes you 

may wish to make outside open season. 

* * * * * 

■ 22. Revise § 892.208 to read as 

follows: 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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§ 892.208 Can I change my enrollment 

from self and family to self plus one or self 

only at any time? 

(a) If you are participating in premium 

conversion you may decrease your 

FEHB enrollment type under either of 

the following circumstances: 

(1) During the annual open season. A 

decrease in enrollment type made 

during the annual open season takes 

effect on the 1st day of the first pay 

period that begins in the next year. 

(2) Within 60 days after you have a 

qualifying life event. A decrease in 

enrollment type made because of a 

qualifying life event takes effect on the 

first day of the first pay period that 

begins after the date your employing 

office receives your appropriate request. 

Your change in enrollment must be 

consistent with and correspond to your 

qualifying life event. For example, if 

you get divorced and have no 

dependent children, changing to self 

only would be consistent with that 

qualifying life event. As another 

example, if both you and your spouse 

are Federal employees, and your 

youngest dependent turns age 26, 

changing from a self and family to a self 

plus one or two self only enrollments 

would be consistent and appropriate for 

that event. 

(b) If you are subject to a court or 

administrative order as discussed in 

§ 890.301(g)(3) of this chapter, you may 

not decrease enrollment type in a way 

that eliminates coverage of a child 

identified in the order as long as the 

court or administrative order is still in 

effect and you have at least one child 

identified in the order who is still 

eligible under the FEHB Program, unless 

you provide documentation to your 

agency that you have other coverage for 

your child or children. See also 

§§ 892.207 and 892.209. If you are 

subject to a court or administrative 

order as discussed in § 890.301(g)(3) of 

this chapter, you may not change your 

enrollment to self plus one as long as 

the court or administrative order is still 

in effect and you have more than one 

child identified in the order who is still 

eligible under the FEHB Program, unless 

you provide documentation to your 

agency that you have other coverage for 

your children. See also §§ 892.207 and 

892.209. 

[FR Doc. 2014–28429 Filed 12–2–14; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2014–0041] 

RIN 0579–AE01 

Importation of Orchids in Growing 

Media From Taiwan 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of plants and plant 

products to add orchid plants of the 

genus Oncidium from Taiwan to the list 

of plants that may be imported into the 

United States in an approved growing 

medium, subject to specified growing, 

inspection, and certification 

requirements. We are taking this action 

in response to a request from the 

Taiwanese Government and after 

determining that the plants could be 

imported, under certain conditions, 

without resulting in the introduction 

into, or the dissemination within, the 

United States of a plant pest or noxious 

weed. 

DATES: We will consider all comments 

that we receive on or before February 2, 

2015. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2014-0041. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2014–0041, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2014-0041 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Heather Coady, Regulatory Policy 

Specialist, Plants for Planting Policy, 

PPQ, APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737; (301) 851–2076. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation into 

the United States of certain plants and 

plant products to prevent the 

introduction of plant pests and noxious 

weeds. The regulations in ‘‘Subpart— 

Plants for Planting,’’ §§ 319.37 through 

319.37–14 (referred to below as the 

regulations) contain, among other 

things, prohibitions and restrictions on 

the importation of plants, plant parts, 

and seeds for propagation. 

Paragraph (a) of § 319.37–8 of the 

regulations requires, with certain 

exceptions, that plants offered for 

importation into the United States be 

free of sand, soil, earth, and other 

growing media. This requirement is 

intended to help prevent the 

introduction of plant pests that might be 

present in the growing media; the 

exceptions to the requirement take into 

account factors that mitigate that plant 

pest risk. Those exceptions, which are 

found in paragraphs (b) through (e) of 

§ 319.37–8, consider either the origin of 

the plants and growing media 

(paragraph (b)), the nature of the 

growing media (paragraphs (c) and (d)), 

or the use of a combination of growing 

conditions, approved media, 

inspections, and other requirements 

(paragraph (e)). 

Paragraph (e) of § 319.37–8 provides 

conditions under which certain plants 

established in growing media may be 

imported into the United States. In 

addition to specifying the types of 

plants that may be imported § 319.37– 

8(e) also: 

• Specifies the types of growing 

media that may be used; 

• Requires plants to be grown in 

accordance with written agreements 

between the Animal and Plant Health 

Inspection Service (APHIS) and the 

national plant protection organization 

(NPPO) of the country where the plants 

are grown and between the foreign 

NPPO and the grower; 

• Requires the plants to be rooted and 

grown in a greenhouse that meets 

certain requirements for pest exclusion 

and that is used only for plants being 

grown in compliance with § 319.37– 

8(e); 

• Restricts the source of the seeds or 

parent plants used to produce the 

plants, and requires grow-out or 

treatment of parent plants imported into 

the exporting country from another 

country; 

• Specifies the sources of water that 

may be used on the plants, the height of 

the benches on which the plants must 

be grown, and the conditions under 

which the plants must be stored and 

packaged; and 


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