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

26302 

Vol. 74, No. 104 

Tuesday, June 2, 2009 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 894 

RIN 3206–AL78 

Changes in the Federal Employees 

Dental and Vision Insurance Program 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Proposed rule. 

SUMMARY: The U. S. Office of Personnel 

Management (OPM) is issuing proposed 

regulations on changes in the Federal 

Employees Dental and Vision Insurance 

Program (FEDVIP). We are amending the 

regulations to authorize retroactive 

enrollment changes when an enrollee 

has lost his or her spouse through death 

or divorce or the enrollee’s last eligible 

child dies, marries, or reaches age 22. 

We are also amending the regulations to 

add that an individual may enroll 31 

days before the enrollee or an eligible 

family member loses other dental and/ 

or vision coverage. We are also 

amending the regulations to clarify the 

reference to excluded positions in 5 

U.S.C. 8901(1). We are also including in 

the regulations certain Senate restaurant 

employees who are employees of the 

Architect of the Capitol as individuals 

who are eligible to elect to continue 

enrollment in FEDVIP if they are 

eligible and elect to continue their 

retirement coverage. 

DATES: OPM must receive comments on 

or before August 3, 2009. 

ADDRESSES: Send written comments to 

Nataya I. Battle, Senior Policy Analyst, 

Employee and Family Support Policy, 

Strategic Human Resources Policy 

Division, Office of Personnel 

Management, 1900 E Street, NW., 

Washington, DC 20415–3666; or deliver 

to OPM, Room 3415, 1900 E Street, 

NW., Washington, DC or FAX to (202) 

606–0036. 

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 Regulation Identifier 

Number (RIN) for this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Nataya Battle, (202) 606–1874, or e-mail 

at nataya.battle@opm.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 23, 2004, Public Law 

108–496, 118 Stat. 4001, was signed into 

law. This law established a dental 

benefits and vision benefits program for 

Federal employees, annuitants, and 

their eligible family members. The first 

effective date of coverage was December 

31, 2006. The existing regulations allow 

an enrollment change based on a 

Qualifying Life Event (QLE) only when 

the enrollee requests it during the 

period beginning 31 days before the 

QLE and ending 60 days after the QLE. 

The change in enrollment is effective 

the first day of the first pay period 

following the date of the request. If the 

enrollee has no more eligible family 

members and he or she misses the 60- 

day time limit, there is no provision that 

will allow for the change in enrollment 

to be made retroactive to the first day of 

the first pay period following the date 

the family member lost eligibility. 

Enrollees are being forced to pay for a 

family enrollment or a self plus one 

enrollment even though their family 

members are deceased or no longer 

eligible for coverage, until the next 

Open Season opportunity to change 

enrollment. This amendment will lift 

the deadline by which such an enrollee 

must change his or her enrollment and 

will allow the enrollment change to take 

effect retroactively when the enrollee 

has a self plus one enrollment and his 

or her family member dies or loses 

eligibility, through divorce or when the 

dependent child marries or reaches age 

22. This amendment will also allow 

retroactive enrollment changes from a 

family enrollment that includes two 

family members to a self plus one 

enrollment if one of the family members 

loses eligibility (i.e., when there is a 

death or divorce, or when a dependent 

child marries or reaches age 22). 

When an eligible family member loses 

dental or vision coverage, the existing 

regulations allow the enrollee to 

increase his or her type of enrollment 

during the period beginning 31 days 

before the event and ending 60 days 

after the event. However, the regulations 

allow an employee who is not enrolled, 

and who loses his or her other dental or 

vision coverage, to enroll within 60 days 

after the event. This amendment will 

correct this inconsistency and allow an 

employee who loses other dental or 

vision coverage to enroll from 31 days 

before until 60 days after the event. 

The existing regulations (5 CFR 

894.302) state that excluded positions 

are described in 5 U.S.C. 8901(1)(I). This 

amendment will clarify that excluded 

positions are described in 5 U.S.C. 

8901(1)(i), (ii), (iii), and (iv). 

Public Law 110–279, enacted July 17, 

2008, provides for certain Federal 

employee benefits to be continued for 

certain employees of the Senate 

Restaurants after the operations of the 

Senate Restaurants are contracted to be 

performed by a private business 

concern. The law provides that a Senate 

Restaurants employee, who is an 

employee of the Architect of the Capitol 

on the date of enactment and who 

accepts employment by the private 

business concern as part of the 

transition, may elect to continue Federal 

benefits during continuous employment 

with the business concern. We are 

revising the FEDVIP regulations to 

address continuation of coverage for 

these individuals. 

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 affects 

dental and vision benefits of Federal 

employees and annuitants. 

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 894 

Administrative practice and 

procedure, Employee benefit plans, 

Government employees, Reporting and 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26303 

recordkeeping requirements, 

Retirement. 

John Berry, 

Director, U.S. Office of Personnel 

Management. 

Accordingly, OPM is amending 5 CFR 

part 894 as follows: 

PART 894—FEDERAL EMPLOYEES 

DENTAL AND VISION PROGRAM 

1. The authority citation for part 894 

is revised to read as follows: 

Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; 

subpart C also issued under sec. 1 of Public 

Law 110–279, 122 Stat. 2604. 

Subpart C—Eligibility 

2. Revise § 894.301 to read as follows 

§ 894.301 Am I eligible to enroll in the 

FEDVIP? 

You are eligible if— 

(a) You meet the definition of 

employee in 5 U.S.C. 8901(1), unless 

you are in an excluded position; 

(b) You are an employee of the United 

States Postal Service or the District of 

Columbia courts; 

(c)(1) You were employed by the 

Architect of the Capitol as a Senate 

Restaurants employee the day before the 

food services operations of the Senate 

Restaurants were transferred to a private 

business concern; and 

(2) You accepted employment by the 

business concern and elected to 

continue your Federal retirement 

benefits and your FEDVIP coverage. You 

continue to be eligible for FEDVIP 

coverage as long as you remain 

employed by the business concern or its 

successor. 

3. Revise § 894.302 introductory text 

to read as follows: 

§ 894.302 What is an excluded position? 

Excluded positions are described in 5 

U.S.C. 8901(1)(i), (ii), (iii), and (iv) and 

5 CFR 890.102(c), except that employees 

of the United States Postal Service and 

District of Columbia courts are not 

excluded positions. 

* * * * * 

Subpart E—Enrollment and Changing 

Enrollment 

4. Revise § 894.501(d) to read as 

follows: 

§ 894.501 When may I enroll? 

* * * * * 

(d) From 31 days before you or an 

eligible family member loses other 

dental/vision coverage to 60 days after 

a QLE that allows you to enroll. 

5. Revise § 894.510(c) and (d) to read 

as follows: 

§ 894.510 When may I decrease my type of 

enrollment? 

* * * * * 

(c)(1) Except as provided in paragraph 

(c)(2) of this section, you may decrease 

your type of enrollment only during the 

period beginning 31 days before your 

QLE and ending 60 days after your QLE. 

(2) You may make any of the 

following enrollment changes at any 

time beginning 31 days before a QLE 

listed in § 894.511(a): 

(i) A decrease in your self plus one 

enrollment; 

(ii) A decrease in your self and family 

enrollment to a self plus one 

enrollment, when you have only one 

remaining eligible family member; or 

(iii) A decrease in your self and family 

enrollment to a self only enrollment, 

when you have no remaining eligible 

family members. 

(d)(1) Except as provided in paragraph 

(d)(2) of this section, your change in 

enrollment is effective the first day of 

the first pay period following the one in 

which you make the change. 

(2) If you are making an enrollment 

change described in paragraph (c)(2) of 

this section, your change in enrollment 

is effective on the first day of the first 

pay period following the QLE on which 

the enrollment change is based. 

* * * * * 

[FR Doc. E9–12617 Filed 6–1–09; 8:45 am] 

BILLING CODE 6325–39–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

RIN 3150–AI37 

[NRC 2009–0014] 

Incorporation by Reference of 

Regulatory Guide 1.84, Revision 35, 

and Regulatory Guide 1.147, Revision 

16, Into 10 CFR 50.55a 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Proposed rule. 

SUMMARY: The NRC is proposing to 

amend its regulations to incorporate by 

reference the latest revisions of two 

regulatory guides (RG) that would 

approve new and revised code cases 

published by the American Society of 

Mechanical Engineers (ASME). These 

are RG 1.84, ‘‘Design, Fabrication, and 

Materials Code Case Acceptability, 

ASME Section III,’’ Revision 35, and RG 

1.147, ‘‘Inservice Inspection Code Case 

Acceptability, ASME Section XI, 

Division 1,’’ Revision 16. This action 

would allow the use of the code cases 

listed in these RGs as alternatives to 

requirements in the ASME Boiler and 

Pressure Vessel (BPV) Code regarding 

the construction and inservice 

inspection (ISI) of nuclear power plant 

components. Concurrent with this 

action, the NRC is publishing a notice 

of the issuance and availability of the 

RGs in the Federal Register. 

DATES: Submit comments by August 17, 

2009. Comments received after this date 

will be considered if it is practical to do 

so, but the Commission is able to ensure 

consideration only of comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the number RN 3150– 

AI37 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

made available for public inspection. 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. 

Federal e Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0014. Address questions 

about NRC dockets to Carol Gallagher at 

301–492–3668, e-mail 

Carol.Gallager@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attn: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

Publicly available documents related 

to this rulemaking, including comments, 

may be viewed electronically on the 

public computers located at the NRC’s 

Public Document Room (PDR), O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. The 

PDR reproduction contractor will copy 

documents for a fee. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this site, the public 

can gain entry into ADAMS, which 

provides text and image files of NRC’s 

public documents. If you do not have 

access to ADAMS or if there are 

problems in accessing the documents