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Proposed Rules Federal Register

Vol. 71, No. 72

Friday, April 14, 2006

This section of the FEDERAL REGISTER that coverage is based on an erroneous (f) The procedures described in
contains notices to the public of the proposed application until someone files a claim, paragraphs (a), (b), (c), (d), and (e) of
issuance of rules and regulations. The and the contractor becomes aware that this section apply only if you have valid
purpose of these notices is to give interested the information on the individual’s coverage under the FLTCIP. If the
persons an opportunity to participate in the application differed from what is shown Carrier determines that your coverage
rule making prior to the adoption of the final
in that individual’s medical records. If was based on an erroneous application
the erroneous coverage has been in and voids the coverage as described in
effect less than 2 years, or if the § 875.408 of this part, these provisions
OFFICE OF PERSONNEL application contained knowingly false do not apply. The Carrier will provide
MANAGEMENT or misleading information, the you with information on your review
contractor may rescind (void) the rights in its rescission letter (letter
5 CFR Part 875 coverage and refund the individual’s voiding your coverage).
premiums. Section 875.104 of the 3. In § 875.209 revise the last sentence
RIN 3206–AK99
FLTCIP regulations contains procedures of paragraph (b) to read as follows:
Federal Long Term Care Insurance for resolving disputes concerning
eligibility for benefits and payment of § 875.209 How do I demonstrate that I am
Program: Miscellaneous Changes, eligible to apply for coverage?
Corrections, and Clarifications claims. These proposed regulations
clarify that the claims dispute * * * * *
AGENCY: Office of Personnel procedures apply only to persons who (b) * * * The incontestability
Management. have valid coverage under the Program. provisions in § 875.408 do not apply to
ACTION: Proposed regulations. They do not apply to individuals whose this section.
erroneous coverage has been rescinded. (4) In § 875.405 revise the first
SUMMARY: The Office of Personnel sentence of paragraph (a)(1) to read as
Management (OPM) is issuing proposed Executive Order 12866, Regulatory follows:
regulations to amend the Federal Long Review
Term Care Insurance Program (FLTCIP) This rule has been reviewed by the § 875.405 If I marry, may my new spouse
apply for coverage?
regulations. The proposed regulations Office of Management and Budget in
will make miscellaneous changes, accordance with Executive Order 12866. (a)(1) If you are an active workforce
corrections, and clarifications to the member and you have married, your
Regulatory Flexibility Act spouse is eligible to submit an
FLTCIP regulations.
DATES: OPM must receive comments on I certify that these regulations will not application for coverage under this
or before June 13, 2006. have a significant economic impact on section within 60 days from the date of
a substantial number of small entities your marriage and will be subject to the
ADDRESSES: Send written comments to
because they affect only enrollees in the underwriting requirements in force for
Anne S. Easton, Manager, Insurance the spouses of active workforce
Federal Long Term Care Insurance
Group, Center for Employee and Family members during the most recent open
Support Policy, Strategic Human season. * * *
Resources Policy Division, Office of List of Subjects in 5 CFR Part 875
Personnel Management, 1900 E Street, * * * * *
Administrative practices and 5. In § 875.408 revise paragraph (a) to
NW., Washington, DC 20415; or deliver procedures, Employee benefit plans,
to OPM, Room 3425, 1900 E Street, read as follows:
Government contracts, Government
NW., or FAX to (202) 606–0633. employees, Health insurance, Military § 875.408 What is the significance of
FOR FURTHER INFORMATION CONTACT: personnel, Organization and functions, incontestability?
Anne Easton at (202) 606–0770. Retirement. (a) Incontestability means coverage
SUPPLEMENTARY INFORMATION: The final Office of Personnel Management. issued based on an erroneous
FLTCIP regulations were published in Linda M. Springer, application may remain in effect. Such
the Federal Register May 27, 2005 (70 coverage will not remain in effect under
FR 30605). In those regulations OPM any of the following conditions:
Accordingly, OPM proposes to amend
replaced references to ‘‘Federal civilian (1) If your coverage has been in force
5 CFR part 875, as follows:
and Postal employees and members of for less than 6 months, the Carrier may
the uniformed services’’ with ‘‘active PART 875—FEDERAL LONG TERM void your coverage upon a showing that
workforce member’’ in several places. CARE INSURANCE PROGRAM information on your signed application
We are making a similar change in 2 that was material to your approval for
additional places: §§ 875.405 and 1. The authority citation for 5 CFR coverage is different from what is shown
875.410. We are also correcting an part 875 continues to read as follows: in your medical records.
incorrect section reference in § 875.209 Authority: 5 U.S.C. 9008. (2) If your coverage has been in force
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of the previously published regulations. 2. In § 875.104 add paragraph (f) to for at least 6 months but less than 2
Section 875.408 of the FLTCIP read as follows: years, the Carrier may void your
regulations discusses incontestability, a coverage upon a showing that
provision that allows coverage based on § 875.104 What are the steps required to information on your signed application
an erroneous application to continue resolve a dispute involving benefit eligibility that was material to your approval for
under certain circumstances. The or payment of a claim? coverage is different from what is shown
FLTCIP contractor often doesn’t learn * * * * * in your medical records and pertains to

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19460 Federal Register / Vol. 71, No. 72 / Friday, April 14, 2006 / Proposed Rules

the condition for which benefits are ADDRESSES: You may submit comments government or the private sector in
sought. by any of the following methods: connection with the rule would be
(3) After your coverage has been in • Mail/Hand Delivery: Teresa C. substantially less than $100 million in
effect for 2 years, the Carrier may void McDonough, Manager, Resource any one year.
your coverage only upon a showing that Stewardship Process Initiatives, 400
West Summit Hill Drive, WT 11B, List of Subjects in 18 CFR Part 1310
you knowingly and intentionally made
a false or misleading statement or Knoxville, Tennessee 37902. Government property, Hunting.
omitted information in your signed • E-mail: For the reasons set out in the
application for coverage regarding your Include CFR citation in the subject of preamble, TVA proposed to amend 18
health status that was material to your the message. CFR 1310 as follows:
approval for coverage. • Fax: (865) 632–2345. Attention to
(4) If your coverage is voided, as Teresa C. McDonugh, Manager, PART 1310—ADMINISTRATIVE COST
described in paragraph (a)(1), (a)(2), or Resource Stewardship Process RECOVERY
(a)(3) of this section, no claims will be Initiatives.
1. The authority citation from part
paid. In addition, the provisions of FOR FURTHER INFORMATION CONTACT: 1310 continues to read as follows:
§ 875.104 relating to the procedures for Teresa C. McDonough, Manager,
resolving a dispute involving benefits Resource Stewardship Process Authority: 16 U.S.C. 831–831dd; 31 U.S.C.
eligibility or claims denials do not apply 9701.
Initiatives, (865) 632–6512.
to your situation. You may request a SUPPLEMENTARY INFORMATION: In order to 2. Revise paragarph (b) of § 1310.2 to
review by the Carrier if you believe that help ensuer that TVA land management read as follows:
your coverage was voided in error. You and permitting activities are self-
must submit your request in writing to § 1310.2 Application.
sustaining to the full extend possible,
the Carrier within 30 days of the date of the agency has determined that its * * * * *
this rescission letter (letter voiding your administrative cost recovery regulations (b) Exemption. An administrative
coverage). should be amended by eliminating charge shall not be made for the
6. In § 875.410 revise the first certain mandatory cost recovery following actions:
sentence to read as follows: exemptions. This determinations is (1) Releases of unneeded mineral right
consistent with the objectives of options.
§ 875.410 May I continue my coverage (2) TVA mineral transactions.
when I leave Federal or military service? increasing efficiency and recovery the
cost of government services from those * * * * *
If you are an active workforce
who most directly benefit from the Authority: 16 U.S.C. 831–831dd (2000 &
member, your coverage will Supp. III 2003).
automatically continue when you leave services.
TVA now proposed to amend its Dated: March 30, 2006.
active service, as long as the Carrier
administrative cost recovery regulation Kathryn J. Jackson,
continues to receive the required
by eliminating the following Executive Vice President, River System
premium when due. * * *
exemptions: Conveyenace of land Operations & Environment and Environment
[FR Doc. 06–3585 Filed 4–13–06; 8:45 am] pursuant to section 4(k)(d) of the Executive, Tennessee Valley Authority.
BILLING CODE 6325–39–M Tennessee Valley Authority of 1933, as [FR Doc. 06–3451 Filed 4–13–06; 8:45 am]
amended (16 U.S.C. 831c(k)(d)); TVA BILLING CODE 8120–08–M
phosphate land transactions; and
permits and licenses for use of TVA
TENNESSEE VALLEY AUTHORITY land by distributors of TVA power.
This proposed amendment does not DEPARTMENT OF HOMELAND
18 CFR Part 1310 SECURITY
impose an information collection
Administrative Cost Recovery burden under the provision of the
Coast Guard
Paperwork Reduction Act, 44 U.S.C.
AGENCY: Tennessee Valley Authority 3501 et seq. This proposed action will
(TVA). 33 CFR Part 165
not have a significant impact on a
ACTION: Propsed rule. substantial number of small entities as [CGD05–06–030]
described in the Regulatory Flexibility
SUMMARY: TVA proposed to amend its Act, 5 U.S.C. 601 et seq. There will be RIN 1625–AA00
administrative cost recovery regulations no significant economic impact from the
by eliminating cost recovery exemptions Safety Zone: Yorktown July Fourth
amendments include the proposed rule
from the following: Conveyances of land Fireworks Celebration, York River,
would not significantly add to the cost
pursuant to section 4(k)(d) of the Yorktown, VA
of one who conducts an activity upon or
Tennessee Valley Authority Act of 1933, acquires TVA property. Any economic AGENCY: Coast Guard, DHS.
as amended (16 U.S.C. 831c(k)(d)); TVA impact that would occur as a result of ACTION: Notice of proposed rulemaking.
phosphate land transactions; and the rule amendment would not affect a
permits and licenses for use of TVA substantial number of small entities SUMMARY: The Coast Guard proposes
land by distributors of TVA power. because TVA only receives about ten establishing a safety zone in the vicinity
The implementation of this rule land use applications from the currently of the Yorktown Fishing Pier in
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amendment would allow TVA to exempted parties each year. Pursuant to Yorktown, VA on July 4, 2006 in
recover more of its administrative cost the Unfunded Mandates Reform Act, 2 support of the Yorktown July Fourth
incurred in processing certain actions U.S.C. 1501 et seq., the proposed rule Fireworks Celebration. This action is
from those who directly benefit from the does not include any Federal mandates intended to restrict vessel traffic on
actions. for state, local, and tribal government or York River as necessary to protect
DATES: Comments must be submitted on the private sector. In addition, any mariners from the hazards associated
or before May 15, 2006. expenditures by state, local, and tribal with fireworks displays.

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