81 FR 58381 - Federal Employees Health Benefits Program and Federal Employees Dental and Vision Insurance Program: Excepted Service and Pathways Programs Miscellaneous Clarifications and Corrections

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 81, Issue 165 (August 25, 2016)

Page Range		58381-58382
FR Document		2016-20186

The U.S. Office of Personnel Management (OPM) is issuing a final rule to make technical corrections to the Federal Employees Health Benefits Program (FEHBP) and the Federal Employees Dental and Vision Insurance Program (FEDVIP) regulations allowing coverage for participants in the Pathways Programs. The Pathways Programs were created by Executive Order (E.O.) 13562, signed by the President on December 27, 2010, and are designed to enable the Federal Government to compete effectively for students and recent graduates by improving its recruitment efforts through internships and similar programs with Federal agencies.

Federal Register, Volume 81 Issue 165 (Thursday, August 25, 2016)

[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58381-58382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20186]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / 
Rules and Regulations

[[Page 58381]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 890 and 894

RIN 3206-AM97


Federal Employees Health Benefits Program and Federal Employees 
Dental and Vision Insurance Program: Excepted Service and Pathways 
Programs Miscellaneous Clarifications and Corrections

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.

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

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a 
final rule to make technical corrections to the Federal Employees 
Health Benefits Program (FEHBP) and the Federal Employees Dental and 
Vision Insurance Program (FEDVIP) regulations allowing coverage for 
participants in the Pathways Programs. The Pathways Programs were 
created by Executive Order (E.O.) 13562, signed by the President on 
December 27, 2010, and are designed to enable the Federal Government to 
compete effectively for students and recent graduates by improving its 
recruitment efforts through internships and similar programs with 
Federal agencies.

DATES: Effective August 25, 2016.

FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, (202) 
606-0004, or by email to [email protected].

SUPPLEMENTARY INFORMATION: The Pathways Programs offer clear paths to 
civil service careers for recent graduates and provide meaningful 
training, mentoring, and career-development opportunities through 
internships and similar programs with Federal Government agencies. For 
more information on the Pathways Programs see the final rule, 
``Excepted Service, Career and Career-Conditional Employment; and 
Pathways Programs,'' available at 77 FR 28193 (May 11, 2012) (Pathways 
regulation.) On January 6, 2014, OPM published an interim final 
regulation updating title 5 Code of Federal Regulations, Sec. Sec.  
890.303 and 894.302, to conform with the Pathways regulation. OPM 
received one comment not related to the substance of this technical 
correction. Accordingly, this final regulation adopts the interim final 
regulation with no changes.

Analysis of and Responses to Public Comments

    We received one comment on the interim final rule relating to 
agency guidance materials.
    Comment: One commenter asked if OPM will issue new guidance to 
Federal agencies concerning the changed scheduling authority for 
Pathways Programs participants.
    Response: OPM is not planning to issue guidance to Federal agencies 
on this regulation as no substantive policy changes were made. The 
interim final rule made technical changes to FEHBP and FEDVIP 
regulations to conform with the final Pathways regulation published on 
May 11, 2012 (77 FR 28194). The only change to the FEHBP regulation was 
the title of the schedule appointment authority for Pathways Programs 
interns. See 5 CFR 890.303(e)(2). In the FEDVIP regulation, the intern 
programs were renamed. See 5 CFR 894.302(f).
    Agencies should continue to refer to the supplementary information 
published in the aforementioned final rule and the guidance that is on 
the OPM Web site at: http://www.opm.gov/policy-data-oversight/hiring-authorities/students-recent-graduates/.

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 health and dental and vision insurance benefits of Federal 
employees and retirees.

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 Parts 890 and 894

    Administrative practice and procedure, Government employees, Health 
insurance, Retirement.

U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.

    Accordingly, OPM is amending 5 CFR chapter I as follows:

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. 111-3, 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; 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.

Subpart C--Enrollment

0
2. In Sec.  890.303, revise paragraph (e)(2) to read as follows:


Sec.  890.303  Continuation of enrollment.

* * * * *
    (e) * * *
    (2) However, in the case of an employee who is employed under an 
OPM approved career-related work-study program under Schedule D of at 
least one year's duration and who is expected to be in a pay status 
during not less than one-third of the total period of time from the 
date of the first appointment to the completion of the work-study 
program, his/her enrollment continues while he/she is in nonpay status 
so long as he/she is participating in the work-study program.
* * * * *

[[Page 58382]]

PART 894--FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM

0
3. The authority citation for part 894 continues to read as follows:

    Authority:  5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued 
under section 1 of Pub. L. 110-279, 122 Stat. 2604.

Subpart C--Eligibility

0
4. In Sec.  894.302, paragraph (f) is revised to read as follows:


Sec.  894.302  What is an excluded position?

* * * * *
    (f) Expected to work fewer than six months in each year. Exception: 
you are eligible if you receive an appointment of at least one year's 
duration as an Intern under Sec.  213.3402(a) of this chapter. To 
qualify, you must be expected to be in a pay status for at least one-
third of the total period of time from the date of the first 
appointment to the completion of the work-study program.
* * * * *
[FR Doc. 2016-20186 Filed 8-24-16; 8:45 am]
 BILLING CODE 6325-63-P

58381

Rules and Regulations Federal Register
Vol. 81, No. 165

Thursday, August 25, 2016

This section of the FEDERAL REGISTER Career and Career-Conditional Federalism
contains regulatory documents having general Employment; and Pathways Programs,’’ We have examined this rule in
applicability and legal effect, most of which available at 77 FR 28193 (May 11, 2012)
are keyed to and codified in the Code of accordance with Executive Order 13132,
(Pathways regulation.) On January 6, Federalism, and have determined that
Federal Regulations, which is published under 2014, OPM published an interim final
50 titles pursuant to 44 U.S.C. 1510. this rule will not have any negative
regulation updating title 5 Code of impact on the rights, roles and
The Code of Federal Regulations is sold by Federal Regulations, §§ 890.303 and responsibilities of State, local, or tribal
the Superintendent of Documents. Prices of 894.302, to conform with the Pathways governments.
new books are listed in the first FEDERAL regulation. OPM received one comment
REGISTER issue of each week. not related to the substance of this List of Subjects in 5 CFR Parts 890 and
technical correction. Accordingly, this 894
final regulation adopts the interim final Administrative practice and
OFFICE OF PERSONNEL regulation with no changes. procedure, Government employees,
MANAGEMENT Health insurance, Retirement.
Analysis of and Responses to Public
5 CFR Parts 890 and 894 Comments U.S. Office of Personnel Management.
Beth F. Cobert,
RIN 3206–AM97 We received one comment on the
Acting Director.
interim final rule relating to agency
Federal Employees Health Benefits guidance materials. Accordingly, OPM is amending 5 CFR
Program and Federal Employees chapter I as follows:
Comment: One commenter asked if
Dental and Vision Insurance Program:
OPM will issue new guidance to Federal
Excepted Service and Pathways PART 890—FEDERAL EMPLOYEES
agencies concerning the changed
Programs Miscellaneous Clarifications HEALTH BENEFITS PROGRAM
scheduling authority for Pathways
and Corrections
Programs participants. ■ 1. The authority citation for part 890
AGENCY: U.S. Office of Personnel Response: OPM is not planning to continues to read as follows:
Management. issue guidance to Federal agencies on Authority: 5 U.S.C. 8913; Sec. 890.301
ACTION: Final rule. this regulation as no substantive policy also issued under sec. 311 of Pub. L. 111–3,
changes were made. The interim final 123 Stat. 64; Sec. 890.111 also issued under
SUMMARY: The U.S. Office of Personnel rule made technical changes to FEHBP section 1622(b) of Pub. L. 104–106, 110 Stat.
Management (OPM) is issuing a final and FEDVIP regulations to conform with 521; Sec. 890.112 also issued under section
rule to make technical corrections to the the final Pathways regulation published 1 of Pub. L. 110–279, 122 Stat. 2604; Sec.
Federal Employees Health Benefits on May 11, 2012 (77 FR 28194). The 890.803 also issued under 50 U.S.C. 403p, 22
Program (FEHBP) and the Federal only change to the FEHBP regulation U.S.C. 4069c and 4069c–1; subpart L also
Employees Dental and Vision Insurance issued under sec. 599C of Pub. L. 101–513,
was the title of the schedule
Program (FEDVIP) regulations allowing 104 Stat. 2064, as amended; Sec. 890.102 also
appointment authority for Pathways issued under sections 11202(f), 11232(e),
coverage for participants in the Programs interns. See 5 CFR 11246(b) and (c) of Pub. L. 105–33, 111 Stat.
Pathways Programs. The Pathways 890.303(e)(2). In the FEDVIP regulation, 251; and section 721 of Pub. L. 105–261, 112
Programs were created by Executive the intern programs were renamed. See Stat. 2061; Pub. L. 111–148, as amended by
Order (E.O.) 13562, signed by the 5 CFR 894.302(f). Pub. L. 111–152.
President on December 27, 2010, and Agencies should continue to refer to
are designed to enable the Federal Subpart C—Enrollment
the supplementary information
Government to compete effectively for published in the aforementioned final
students and recent graduates by ■ 2. In § 890.303, revise paragraph (e)(2)
rule and the guidance that is on the to read as follows:
improving its recruitment efforts OPM Web site at: http://www.opm.gov/
through internships and similar policy-data-oversight/hiring-authorities/ § 890.303 Continuation of enrollment.
programs with Federal agencies. students-recent-graduates/. * * * * *
DATES: Effective August 25, 2016. (e) * * *
Regulatory Flexibility Act
FOR FURTHER INFORMATION CONTACT: (2) However, in the case of an
Ronald Brown, Policy Analyst, (202) I certify that this regulation will not employee who is employed under an
606–0004, or by email to have a significant economic impact on OPM approved career-related work-
Ronald.Brown@opm.gov. a substantial number of small entities study program under Schedule D of at
SUPPLEMENTARY INFORMATION: The because the regulation only affects least one year’s duration and who is
Pathways Programs offer clear paths to health and dental and vision insurance expected to be in a pay status during not
civil service careers for recent graduates benefits of Federal employees and less than one-third of the total period of
and provide meaningful training, retirees. time from the date of the first
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mentoring, and career-development appointment to the completion of the
Executive Order 12866, Regulatory work-study program, his/her enrollment
opportunities through internships and Review
similar programs with Federal continues while he/she is in nonpay
Government agencies. For more This rule has been reviewed by the status so long as he/she is participating
information on the Pathways Programs Office of Management and Budget in in the work-study program.
see the final rule, ‘‘Excepted Service, accordance with Executive Order 12866. * * * * *

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58382 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations

PART 894—FEDERAL EMPLOYEES regulations regarding Fair Credit necessary to facilitate vectoring of
DENTAL AND VISION INSURANCE Reporting transferred to the Consumer Instrument Flight Rules (IFR) aircraft
PROGRAM Financial Protection Bureau in Title X under control of Minneapolis Air Route
of the Dodd-Frank Wall Street Reform Traffic Control Center (ARTCC). This
■ 3. The authority citation for part 894 and Consumer Protection Act.1 This action enhances the safety and
continues to read as follows: publication removed and reserved efficiency of IFR operations within the
Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subparts C and E to 12 Code of Federal National Airspace System. This action
Subpart C also issued under section 1 of Pub. Regulations (CFR) Part 334, but also removes the Federal airways
L. 110–279, 122 Stat. 2604. mistakenly failed to remove and reserve exclusionary language from the
the appendices that applied to those regulatory text.
Subpart C—Eligibility Subparts. DATES: Effective 0901 UTC, November
In FR Doc. 2015–27291, appearing on 10, 2016. The Director of the Federal
■ 4. In § 894.302, paragraph (f) is
pages 65913 et seq. in the Federal Register approves this incorporation by
revised to read as follows:
Register of October 28, 2015, the reference action under title 1, Code of
§ 894.302 What is an excluded position? following correction is made: Federal Regulations, part 51, subject to
* * * * * Authority and Issuance the annual revision of FAA Order
(f) Expected to work fewer than six 7400.9 and publication of conforming
months in each year. Exception: you are For the reasons stated in the
amendments.
eligible if you receive an appointment of preamble, the Board of Directors of the
Federal Deposit Insurance Corporation ADDRESSES: FAA Order 7400.9Z,
at least one year’s duration as an Intern
amends 12 CFR part 334 by making the Airspace Designations and Reporting
under § 213.3402(a) of this chapter. To
following correcting amendments: Points, and subsequent amendments can
qualify, you must be expected to be in
be viewed on line at http://
a pay status for at least one-third of the PART 334—FAIR CREDIT REPORTING www.faa.gov/air_traffic/publications/.
total period of time from the date of the
For further information, you can contact
first appointment to the completion of ■ 1. The authority citation for part 334
the Airspace Policy Group, Federal
the work-study program. continues to read as follows:
Aviation Administration, 800
* * * * * Authority: 12 U.S.C. 1818, 1819 (Tenth), Independence Avenue SW.,
[FR Doc. 2016–20186 Filed 8–24–16; 8:45 am] and 1831p–1; 15 U.S.C. 1681a, 1681b, 1681c, Washington, DC 20591; telephone: 202–
BILLING CODE 6325–63–P 1681m, 1681s, 1681s–2, 1681s–3, 1681t, 267–8783. The Order is also available
1681w, 6801 et seq., Pub. L. 108–159, 117
Stat. 1952. for inspection at the National Archives
and Records Administration (NARA).
FEDERAL DEPOSIT INSURANCE Subpart C to Part 334 [Removed and For information on the availability of
CORPORATION Reserved] this material at NARA, call 202–741–
6030, or go to http://www.archives.gov/
12 CFR Part 334 ■ 2. Remove and reserve appendix C. federal_register/code_of_federal-
RIN 3064–AE29 regulations/ibr_locations.html.
Subpart E to Part 334 [Removed and FAA Order 7400.9, Airspace
Removal of FDIC Regulations Reserved] Designations and Reporting Points, is
Regarding Fair Credit Reporting published yearly and effective on
Transferred to the Consumer Financial ■ 3. Remove and reserve appendix E.
September 15.
Protection Bureau By order of the Board of Directors.
FOR FURTHER INFORMATION CONTACT: Raul
Federal Deposit Insurance Corporation.
AGENCY: Federal Deposit Insurance Garza, Jr., Central Service Center,
Corporation. Robert E. Feldman, Operations Support Group, Federal
Executive Secretary. Aviation Administration, Southwest
ACTION: Final rule; correction.
[FR Doc. 2016–20328 Filed 8–24–16; 8:45 am] Region, 10101 Hillwood Parkway, Fort
SUMMARY: The Federal Deposit BILLING CODE P Worth, TX 76177; telephone: (817) 222–
Insurance Corporation (‘‘FDIC’’) is 5874.
correcting a Final Rule that appeared in SUPPLEMENTARY INFORMATION:
the Federal Register on October 28, DEPARTMENT OF TRANSPORTATION
2015, regarding removal of certain FDIC Authority for This Rulemaking
regulations regarding Fair Credit Federal Aviation Administration The FAA’s authority to issue rules
Reporting transferred to the Consumer regarding aviation safety is found in
Financial Protection Bureau in Title X 14 CFR Part 71 Title 49 of the United States Code.
of the Dodd-Frank Wall Street Reform Subtitle I, Section 106 describes the
[Docket No. FAA–2015–3599; Airspace
and Consumer Protection Act. Docket No. 15–AGL–14] authority of the FAA Administrator.
DATES: The correction is effective Subtitle VII, Aviation Programs,
August 25, 2016. Establishment of Class E Airspace; describes in more detail the scope of the
FOR FURTHER INFORMATION CONTACT: Dupree, SD agency’s authority. This rulemaking is
Richard M. Schwartz, Counsel, Legal AGENCY: Federal Aviation promulgated under the authority
Division, (202) 898–7424 or rischwartz@ Administration (FAA), DOT. described in Subtitle VII, Part A,
fdic.gov. Subpart I, Section 40103. Under that
ACTION: Final rule.
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SUPPLEMENTARY INFORMATION: The section, the FAA is charged with
Federal Deposit Insurance Corporation SUMMARY: This action establishes Class prescribing regulations to assign the use
(‘‘FDIC’’) is correcting a Final Rule that E en route domestic airspace in the of airspace necessary to ensure the
appeared in the Federal Register on Dupree, SD, area. Controlled airspace is safety of aircraft and the efficient use of
October 28, 2015 (80 FR 65913), airspace. This regulation is within the
regarding removal of certain FDIC 1 Public Law 111–203, 124 Stat. 1376 (2010). scope of that authority as it establishes

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Document Created: 2016-08-25 00:35:05
Document Modified: 2016-08-25 00:35:05

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		Effective August 25, 2016.
Contact		Ronald Brown, Policy Analyst, (202) 606-0004, or by email to [email protected]
FR Citation		81 FR 58381
RIN Number		3206-AM97
CFR Citation		5 CFR 890 5 CFR 894
CFR Associated		Administrative Practice and Procedure; Government Employees; Health Insurance and Retirement