80 FR 29203 - Federal Employees Health Benefits Program; Subrogation and Reimbursement Recovery

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range		29203-29205
FR Document		2015-12378
The United States Office of Personnel Management (OPM) is issuing a final rule to amend the Federal Employees Health Benefits (FEHB) Program regulations to reaffirm the conditional nature of FEHB Program benefits and benefit payments under the plan's coverage as subject to a carrier's entitlement to subrogation and reimbursement recovery, and therefore, that such entitlement falls within the preemptive scope of the FEHA Act. FEHB contracts and brochures must include, and in practice already include, a provision incorporating the carrier's subrogation and reimbursement rights, and FEHB plan brochures must contain an explanation of the carrier's subrogation and reimbursement policy.
Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015)
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Rules and Regulations]
[Pages 29203-29205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12378]



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Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Rules 
and Regulations

[[Page 29203]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 890

RIN 3206-AN14


Federal Employees Health Benefits Program; Subrogation and 
Reimbursement Recovery

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States Office of Personnel Management (OPM) is 
issuing a final rule to amend the Federal Employees Health Benefits 
(FEHB) Program regulations to reaffirm the conditional nature of FEHB 
Program benefits and benefit payments under the plan's coverage as 
subject to a carrier's entitlement to subrogation and reimbursement 
recovery, and therefore, that such entitlement falls within the 
preemptive scope of the FEHA Act. FEHB contracts and brochures must 
include, and in practice already include, a provision incorporating the 
carrier's subrogation and reimbursement rights, and FEHB plan brochures 
must contain an explanation of the carrier's subrogation and 
reimbursement policy.

DATES: This final rule is effective June 22, 2015.

FOR FURTHER INFORMATION CONTACT: Marguerite Martel, Senior Policy 
Analyst at (202) 606-0004.

SUPPLEMENTARY INFORMATION: The FEHB Act, as codified at 5 U.S.C. 
8902(m)(1), provides: ``The terms of any contract under this chapter 
which relate to the nature, provision, or extent of coverage or 
benefits (including payments with respect to benefits) shall supersede 
and preempt any State or local law, or any regulation issued 
thereunder, which relates to health insurance or plans.'' This final 
regulation reaffirms that a covered individual's entitlement to FEHB 
benefits and benefit payments is conditioned upon, and limited by, a 
carrier's entitlement to subrogation and reimbursement recoveries 
pursuant to a subrogation or reimbursement clause in the FEHB contract. 
This final regulation also reaffirms that a FEHB carrier's rights and 
responsibilities pertaining to subrogation and reimbursement relate to 
the nature, provision and extent of coverage or benefits and benefit 
payments provided under title 5, United States Code Chapter 89, and 
therefore are effective notwithstanding any state or local law or 
regulation relating to health insurance or plans. Some state courts 
have interpreted ambiguity in Section 8902(m)(1) to reach a contrary 
result and thereby to allow state laws to prevent or limit subrogation 
or reimbursement rights under FEHB contracts. In this final rule, OPM 
is exercising its rulemaking authority under 5 U.S.C. 8913 to ensure 
that carriers enjoy the full subrogation and reimbursement rights 
provided for under their contracts.
    The interpretation of Section 8902(m)(1) promulgated herein 
comports with longstanding Federal policy and furthers Congress's goals 
of reducing health care costs and enabling uniform, nationwide 
application of FEHB contracts. The FEHB program insures approximately 
8.2 million federal employees, annuitants, and their families, a 
significant proportion of whom are covered through nationwide fee-for-
service plans with uniform rates. The government pays on average 
approximately 70% of Federal employees' plan premiums. 5 U.S.C. 
8906(b), (f). The government's share of FEHB premiums in 2014 was 
approximately $33 billion, a figure that tends to increase each year. 
OPM estimates that FEHB carriers were reimbursed by approximately $126 
million in subrogation recoveries in that year. Subrogation recoveries 
translate to premium cost savings for the federal government and FEHB 
enrollees.
    OPM proposed this amendment in a notice of proposed rulemaking on 
January 7, 2015 (80 FR 931). The proposed rule had a 30 day comment 
period during which OPM received 3 comments.
    Responses to comments on the proposed rule:
    OPM received comments from an association of FEHB carriers, a trade 
association serving subrogation and recovery professionals, and a 
provider of subrogation and recovery services. The comments all 
expressed support for the regulation and suggested some changes to 
clarify the language in the proposed rule.
    All commenters suggested edits to the proposed definitions of 
``subrogation'' and ``reimbursement'' at 5 CFR 890.101 to more 
completely reflect the universe of FEHB Program plan recoveries. All 
three commenters expressed concern with the reference to ``a 
responsible third party'' in the definitions, indicating that the use 
of this phrase has been interpreted to foreclose ``first party'' claims 
for subrogation and recoveries, such as uninsured and underinsured 
motorist coverage, and recommended adding other insurance including 
workers' compensation insurance, to the definition to be consistent 
with entitlements listed in the proposed Sec.  890.106(c)(2) and (f). 
OPM agrees that the definitions of subrogation and reimbursement should 
include first party claims. In addition, commenters noted that Sec.  
890.106(b) and (f) should be updated to reflect this change. The 
definitions at Sec.  890.101 and other corresponding sections have been 
updated accordingly as necessary.
    The commenters also suggested additional specific changes to the 
proposed definition of ``reimbursement.'' Two of the commenters noted 
that the definition of reimbursement should address the situation of 
both illness and injury. OPM has revised the definition of 
reimbursement to accept this change. One commenter suggested that the 
final rule clarify that the right of reimbursement is cumulative with 
and not exclusive of the right of subrogation. OPM has incorporated 
this clarification. Two commenters suggested that the definition should 
reflect that a covered individual need not have actually received a 
recovery payment so long as the covered individual is entitled to 
receive a payment. OPM does not agree that the right of reimbursement 
is sufficiently broad to require an individual to reimburse the carrier 
in a circumstance where the individual has not actually received a 
recovery, and rejects this change. One commenter indicated that the 
right of reimbursement is specific to a recovery from an individual who 
has received a

[[Page 29204]]

third party payment while the right of subrogation permits a carrier to 
recover directly from other sources. OPM agrees with this comment and 
has clarified the definition of ``subrogation'' accordingly.
    One commenter suggested that Sec.  890.106(b) be amended to align 
the regulation and FEHB carrier contract requirements. OPM has revised 
this section to refer to contractual requirements.
    One commenter noted that Sec.  890.106(f) should be clarified to 
ensure that the carrier has a subrogation right to recover directly 
from a responsible insurer all amounts available to or on behalf of the 
covered individual. We have clarified the provision accordingly.
    Two commenters noted that proposed Sec.  890.106(b) and (h) did not 
clearly reflect OPM's intention for this regulation to apply to 
existing contracts. We agree and are slightly revising the language of 
paragraphs (b) and (h) to be clearer. Paragraph (h) formalizes OPM's 
longstanding interpretation of what Section 8902(m)(1) has meant since 
Congress enacted it in 1978. This interpretation applies to all FEHBA 
contracts. Paragraph (b)(1) in the final rule likewise formalizes OPM's 
longstanding interpretation of subrogation and reimbursement clauses in 
carrier contracts as constituting a condition of and a limitation on 
the nature of benefits or benefits payments and on the provision of 
benefit payments. See Carrier Letter 2012-18. FEHBA contracts that 
contain subrogation and reimbursement clauses condition benefits and 
benefit payments on giving the carrier a right to pursue subrogation 
and reimbursement and therefore are directly related to benefits, 
benefit payments, and coverage within the meaning of Section 
8902(m)(1). The interpretations in paragraphs (b)(1) and (h) together 
clarify and ensure that carriers enjoy full subrogation and 
reimbursement rights notwithstanding any state law to the contrary, and 
they apply in any pending or future case.
    To clarify further the relationship among subrogation, 
reimbursement, benefits, and coverage, we are also in paragraph (b)(2) 
requiring carrier contracts that contain subrogation and reimbursement 
clauses to contain language specifying that benefits and benefit 
payments are extended to a covered individual on the condition that the 
carrier may pursue and receive subrogation and reimbursement. This 
substantive requirement, unlike the interpretation discussed above, 
will govern any benefit payment made under any carrier contract entered 
into after this regulation goes into effect.
    OPM is issuing this final rule with changes to Sec. Sec.  
890.101(a) and 890.106(b) and (f) as described above.

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 
because the regulation only affects health insurance 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 Orders 13563 and 12866.

Federalism

    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule restates existing 
rights, roles and responsibilities of State, local, or tribal 
governments.

List of Subjects in 5 CFR Parts 890

    Administrative practice and procedure, Government employees, Health 
facilities, Health insurance, Health professions, Hostages, Iraq, 
Kuwait, Lebanon, Military personnel, Reporting and recordkeeping 
requirements, Retirement.

U.S. Office of Personnel Management.
Katherine Archuleta,
Director.

PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM

0
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.

0
2. In Sec.  890.101, in paragraph (a), add definitions in alphabetical 
order for ``reimbursement'' and ``subrogation'' to read as follows:

Sec.  890.101  Definitions; time computations.

    (a) * * *
    Reimbursement means a carrier's pursuit of a recovery if a covered 
individual has suffered an illness or injury and has received, in 
connection with that illness or injury, a payment from any party that 
may be liable, any applicable insurance policy, or a workers' 
compensation program or insurance policy, and the terms of the 
carrier's health benefits plan require the covered individual, as a 
result of such payment, to reimburse the carrier out of the payment to 
the extent of the benefits initially paid or provided. The right of 
reimbursement is cumulative with and not exclusive of the right of 
subrogation.
* * * * *
    Subrogation means a carrier's pursuit of a recovery from any party 
that may be liable, any applicable insurance policy, or a workers' 
compensation program or insurance policy, as successor to the rights of 
a covered individual who suffered an illness or injury and has obtained 
benefits from that carrier's health benefits plan.
* * * * *


0
3. Section 890.106 is revised to read as follows:


Sec.  890.106  Carrier entitlement to pursue subrogation and 
reimbursement recoveries.

    (a) All health benefit plan contracts shall provide that the 
Federal Employees Health Benefits (FEHB) carrier is entitled to pursue 
subrogation and reimbursement recoveries, and shall have a policy to 
pursue such recoveries in accordance with the terms of this section.
    (b)(1) Any FEHB carriers' right to pursue and receive subrogation 
and reimbursement recoveries constitutes a condition of and a 
limitation on the nature of benefits or benefit payments and on the 
provision of benefits under the plan's coverage.
    (2) Any health benefits plan contract that contains a subrogation 
or reimbursement clause shall provide that benefits and benefit 
payments are extended to a covered individual on the condition that the 
FEHB carrier may pursue and receive subrogation and reimbursement 
recoveries pursuant to the contract.
    (c) Contracts shall provide that the FEHB carriers' rights to 
pursue and receive subrogation or reimbursement recoveries arise upon 
the occurrence of the following:
    (1) The covered individual has received benefits or benefit 
payments as a result of an illness or injury; and
    (2) The covered individual has accrued a right of action against a 
third party for causing that illness or injury; or has received a 
judgment, settlement or other recovery on the basis of that illness or 
injury; or is entitled to receive compensation or recovery on the basis 
of the illness or injury, including from

[[Page 29205]]

insurers of individual (non-group) policies of liability insurance that 
are issued to and in the name of the enrollee or a covered family 
member.
    (d) A FEHB carrier's exercise of its right to pursue and receive 
subrogation or reimbursement recoveries does not give rise to a claim 
within the meaning of 5 CFR 890.101 and is therefore not subject to the 
disputed claims process set forth at 5 CFR 890.105.
    (e) Any subrogation or reimbursement recovery on the part of a FEHB 
carrier shall be effectuated against the recovery first (before any of 
the rights of any other parties are effectuated) and is not impacted by 
how the judgment, settlement, or other recovery is characterized, 
designated, or apportioned.
    (f) Pursuant to a subrogation or reimbursement clause, the FEHB 
carrier may recover directly from any party that may be liable, or from 
the covered individual, or from any applicable insurance policy, or a 
workers' compensation program or insurance policy, all amounts 
available to or received by or on behalf of the covered individual by 
judgment, settlement, or other recovery, to the extent of the amount of 
benefits that have been paid or provided by the carrier.
    (g) Any contract must contain a provision incorporating the 
carrier's subrogation and reimbursement rights as a condition of and a 
limitation on the nature of benefits or benefit payments and on the 
provision of benefits under the plan's coverage. The corresponding 
health benefits plan brochure must contain an explanation of the 
carrier's subrogation and reimbursement policy.
    (h) A carrier's rights and responsibilities pertaining to 
subrogation and reimbursement under any FEHB contract relate to the 
nature, provision, and extent of coverage or benefits (including 
payments with respect to benefits) within the meaning of 5 U.S.C. 
8902(m)(1). These rights and responsibilities are therefore effective 
notwithstanding any state or local law, or any regulation issued 
thereunder, which relates to health insurance or plans.

[FR Doc. 2015-12378 Filed 5-20-15; 8:45 am]
 BILLING CODE 6325-63-P
29204 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Rules and Regulations

third party payment while the right of OPM is issuing this final rule with with that illness or injury, a payment
subrogation permits a carrier to recover changes to §§ 890.101(a) and 890.106(b) from any party that may be liable, any
directly from other sources. OPM agrees and (f) as described above. applicable insurance policy, or a
with this comment and has clarified the workers’ compensation program or
Regulatory Flexibility Act
definition of ‘‘subrogation’’ accordingly. insurance policy, and the terms of the
One commenter suggested that I certify that this regulation will not carrier’s health benefits plan require the
§ 890.106(b) be amended to align the have a significant economic impact on covered individual, as a result of such
regulation and FEHB carrier contract a substantial number of small entities payment, to reimburse the carrier out of
requirements. OPM has revised this because the regulation because the the payment to the extent of the benefits
section to refer to contractual regulation only affects health insurance initially paid or provided. The right of
requirements. benefits of Federal employees and reimbursement is cumulative with and
One commenter noted that annuitants. Executive Order 12866. not exclusive of the right of subrogation.
§ 890.106(f) should be clarified to
Regulatory Review * * * * *
ensure that the carrier has a subrogation Subrogation means a carrier’s pursuit
right to recover directly from a This rule has been reviewed by the of a recovery from any party that may
responsible insurer all amounts Office of Management and Budget in be liable, any applicable insurance
available to or on behalf of the covered accordance with Executive Orders policy, or a workers’ compensation
individual. We have clarified the 13563 and 12866. program or insurance policy, as
provision accordingly. successor to the rights of a covered
Two commenters noted that proposed Federalism
individual who suffered an illness or
§ 890.106(b) and (h) did not clearly We have examined this rule in
injury and has obtained benefits from
reflect OPM’s intention for this accordance with Executive Order 13132,
regulation to apply to existing contracts. that carrier’s health benefits plan.
Federalism, and have determined that
We agree and are slightly revising the this rule restates existing rights, roles * * * * *
language of paragraphs (b) and (h) to be and responsibilities of State, local, or ■ 3. Section 890.106 is revised to read
clearer. Paragraph (h) formalizes OPM’s tribal governments. as follows:
longstanding interpretation of what
Section 8902(m)(1) has meant since List of Subjects in 5 CFR Parts 890 § 890.106 Carrier entitlement to pursue
Congress enacted it in 1978. This Administrative practice and subrogation and reimbursement recoveries.
interpretation applies to all FEHBA procedure, Government employees, (a) All health benefit plan contracts
contracts. Paragraph (b)(1) in the final Health facilities, Health insurance, shall provide that the Federal
rule likewise formalizes OPM’s Health professions, Hostages, Iraq, Employees Health Benefits (FEHB)
longstanding interpretation of Kuwait, Lebanon, Military personnel, carrier is entitled to pursue subrogation
subrogation and reimbursement clauses Reporting and recordkeeping and reimbursement recoveries, and shall
in carrier contracts as constituting a requirements, Retirement. have a policy to pursue such recoveries
condition of and a limitation on the U.S. Office of Personnel Management. in accordance with the terms of this
nature of benefits or benefits payments section.
Katherine Archuleta,
and on the provision of benefit (b)(1) Any FEHB carriers’ right to
payments. See Carrier Letter 2012–18. Director. pursue and receive subrogation and
FEHBA contracts that contain PART 890—FEDERAL EMPLOYEES reimbursement recoveries constitutes a
subrogation and reimbursement clauses condition of and a limitation on the
HEALTH BENEFITS PROGRAM
condition benefits and benefit payments nature of benefits or benefit payments
on giving the carrier a right to pursue ■ 1. The authority citation for part 890 and on the provision of benefits under
subrogation and reimbursement and continues to read as follows: the plan’s coverage.
therefore are directly related to benefits, (2) Any health benefits plan contract
Authority: 5 U.S.C. 8913. Sec. 890.301
benefit payments, and coverage within that contains a subrogation or
also issued under sec. 311 of Pub. L. 111–03,
the meaning of Section 8902(m)(1). The 123 Stat. 64; Sec. 890.111 also issued under reimbursement clause shall provide that
interpretations in paragraphs (b)(1) and section 1622(b) of Pub. L. 104–106, 110 Stat. benefits and benefit payments are
(h) together clarify and ensure that 521; Sec. 890.112 also issued under section extended to a covered individual on the
carriers enjoy full subrogation and 1 of Pub. L. 110–279, 122 Stat. 2604; 5 U.S.C. condition that the FEHB carrier may
reimbursement rights notwithstanding 8913; Sec. 890.803 also issued under 50 pursue and receive subrogation and
any state law to the contrary, and they U.S.C. 403p, 22 U.S.C. 4069c and 4069c–1; reimbursement recoveries pursuant to
apply in any pending or future case. subpart L also issued under sec. 599C of Pub. the contract.
To clarify further the relationship L. 101–513, 104 Stat. 2064, as amended; Sec. (c) Contracts shall provide that the
among subrogation, reimbursement, 890.102 also issued under sections 11202(f), FEHB carriers’ rights to pursue and
benefits, and coverage, we are also in 11232(e), 11246 (b) and (c) of Pub. L. 105–
33, 111 Stat. 251; and section 721 of Pub. L.
receive subrogation or reimbursement
paragraph (b)(2) requiring carrier 105–261, 112 Stat. 2061. recoveries arise upon the occurrence of
contracts that contain subrogation and the following:
reimbursement clauses to contain ■ 2. In § 890.101, in paragraph (a), add (1) The covered individual has
language specifying that benefits and definitions in alphabetical order for received benefits or benefit payments as
benefit payments are extended to a ‘‘reimbursement’’ and ‘‘subrogation’’ to a result of an illness or injury; and
covered individual on the condition that read as follows: (2) The covered individual has
mstockstill on DSK4VPTVN1PROD with RULES

the carrier may pursue and receive accrued a right of action against a third
subrogation and reimbursement. This § 890.101 Definitions; time computations. party for causing that illness or injury;
substantive requirement, unlike the (a) * * * or has received a judgment, settlement
interpretation discussed above, will Reimbursement means a carrier’s or other recovery on the basis of that
govern any benefit payment made under pursuit of a recovery if a covered illness or injury; or is entitled to receive
any carrier contract entered into after individual has suffered an illness or compensation or recovery on the basis
this regulation goes into effect. injury and has received, in connection of the illness or injury, including from

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Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Rules and Regulations 29205

insurers of individual (non-group) DEPARTMENT OF TRANSPORTATION Reason for Withdrawal
policies of liability insurance that are The FAA is withdrawing Special
issued to and in the name of the Federal Aviation Administration Condition No. 23–246–SC because
enrollee or a covered family member. Cirrus Design Corporation elected to
14 CFR Part 23 revise the model SF50 certification basis
(d) A FEHB carrier’s exercise of its
right to pursue and receive subrogation [Docket No. CE306; Special Conditions No. to amendment 23–62.
or reimbursement recoveries does not 23–246–SC] The authority citation for this Special
give rise to a claim within the meaning Condition withdrawal is 49 U.S.C.
Special Conditions: Cirrus Design 106(g), 40113 and 44701; 14 CFR 21.16
of 5 CFR 890.101 and is therefore not Corporation Model SF50 airplane; Full
subject to the disputed claims process and 21.17; and 14 CFR 11.38 and 11.19.
Authority Digital Engine Control
set forth at 5 CFR 890.105. (FADEC) System; Withdrawal Conclusion
(e) Any subrogation or reimbursement Withdrawal of this special condition
recovery on the part of a FEHB carrier AGENCY: Federal Aviation does not preclude the FAA from issuing
shall be effectuated against the recovery Administration (FAA), DOT. another document on the subject matter
first (before any of the rights of any ACTION: Final special conditions; in the future or committing the agency
other parties are effectuated) and is not withdrawal. to any future course of action.
impacted by how the judgment, SUMMARY: The FAA is withdrawing a Issued in Kansas City, Missouri on May 11,
settlement, or other recovery is previously published document 2015.
characterized, designated, or granting special conditions for the Earl Lawrence,
apportioned. Cirrus Design Corporation model SF50 Manager, Small Airplane Directorate, Aircraft
(f) Pursuant to a subrogation or airplane. We are withdrawing Special Certification Service.
reimbursement clause, the FEHB carrier Condition No. 23–246–SC through [FR Doc. 2015–12262 Filed 5–20–15; 8:45 am]
may recover directly from any party that mutual agreement with Cirrus Design BILLING CODE 4910–13–P

may be liable, or from the covered Corporation.
individual, or from any applicable DATES: Effective May 21, 2015, the DEPARTMENT OF TRANSPORTATION
insurance policy, or a workers’ special condition published on April 20,
compensation program or insurance 2010 (75 FR 20518) is withdrawn. Federal Aviation Administration
policy, all amounts available to or FOR FURTHER INFORMATION CONTACT: Jeff
received by or on behalf of the covered Pretz, Federal Aviation Administration, 14 CFR Part 39
individual by judgment, settlement, or Small Airplane Directorate, Aircraft [Docket No. FAA–2015–1570; Directorate
other recovery, to the extent of the Certification Service, 901 Locust, Room Identifier 2014–SW–054–AD; Amendment
amount of benefits that have been paid 301, Kansas City, MO 64106; telephone 39–18161; AD 2015–10–05]
or provided by the carrier. (816) 329–3239; facsimile (816) 329–
4090, email jeff.pretz@faa.gov. RIN 2120–AA64
(g) Any contract must contain a
provision incorporating the carrier’s SUPPLEMENTARY INFORMATION: Airworthiness Directives; Airbus
subrogation and reimbursement rights Background Helicopters (Previously Eurocopter
as a condition of and a limitation on the France) Helicopters
nature of benefits or benefit payments On September 9, 2008, Cirrus Design
Corporation applied for a type AGENCY: Federal Aviation
and on the provision of benefits under
certificate for their new model SF50 Administration (FAA), Department of
the plan’s coverage. The corresponding Transportation (DOT).
aircraft. Under the provisions of 14 CFR
health benefits plan brochure must
part 21, § 21.17, Cirrus Design ACTION: Final rule; request for
contain an explanation of the carrier’s Corporation must show that the model comments.
subrogation and reimbursement policy. SF50 meets the applicable provisions of
(h) A carrier’s rights and part 23, as amended by amendments SUMMARY: We are adopting a new
responsibilities pertaining to 23–1 through 23–59. airworthiness directive (AD) for Airbus
subrogation and reimbursement under On April 20, 2010, the FAA published Helicopters (previously Eurocopter
any FEHB contract relate to the nature, Special Condition No. 23–246–SC for France) Model AS365N3, EC155B, and
provision, and extent of coverage or the Cirrus Design Corporation model EC155B1 helicopters with an external
SF50 airplane. The Cirrus SF50 is a low- life raft in the footsteps with certain
benefits (including payments with
wing, five-plus-two-place (2 children), part-numbered junction units. This AD
respect to benefits) within the meaning
single-engine turbofan-powered aircraft. requires inspecting the junction units of
of 5 U.S.C. 8902(m)(1). These rights and
The airplane engine is controlled by an the external life raft deployment system
responsibilities are therefore effective for corrosion, removing any corrosion,
notwithstanding any state or local law, Electronic Engine Control (EEC), also
known as a Full Authority Digital and performing certain measurements to
or any regulation issued thereunder, determine whether the junction unit
which relates to health insurance or Engine Control (FADEC).
On December 11, 2012 Cirrus Design must be replaced. This AD is prompted
plans. by failure of a life raft deployment test
Corporation elected to adjust the
[FR Doc. 2015–12378 Filed 5–20–15; 8:45 am]
certification basis of the SF50 to include and corrosion damage inside the left-
mstockstill on DSK4VPTVN1PROD with RULES

BILLING CODE 6325–63–P 14 CFR part 23 through amendment 62. hand junction unit. These actions are
Special Condition No. 23–246–SC is intended to prevent failure of an
therefore being withdrawn. It no longer external life raft to deploy preventing
reflects the appropriate part 23 evacuation of passengers during an
amendment level of the aircraft and the emergency.
basic Special Condition requirement for DATES: This AD becomes effective June
EEC equipped aircraft has been revised. 5, 2015.

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Document Created: 2018-10-24 10:26:22
Document Modified: 2018-10-24 10:26:22
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective June 22, 2015.
Contact		Marguerite Martel, Senior Policy Analyst at (202) 606-0004.
FR Citation		80 FR 29203
RIN Number		3206-AN14
CFR Associated		Administrative Practice and Procedure; Government Employees; Health Facilities; Health Insurance; Health Professions; Hostages; Iraq; Kuwait; Lebanon; Military Personnel; Reporting and Recordkeeping Requirements and Retirement