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



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 Rules and Regulations
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  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