[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Rules and Regulations]
[Pages 42417-42418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17623]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 139 / Thursday, July 19, 2012 / Rules
and Regulations
[[Page 42417]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 890
RIN 3206-AM66
Federal Employees Health Benefits Program Coverage for Certain
Firefighters
AGENCY: Office of Personnel Management.
ACTION: Interim final rule.
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SUMMARY: The United States Office of Personnel Management (OPM) is
issuing an interim final rule to amend the Federal Employees Health
Benefits Program (FEHB) regulations to make certain firefighters hired
under a temporary appointment eligible to be enrolled in a health
benefits plan under the FEHB.
DATES: This rule is effective July 17, 2012. OPM must receive comments
on or before September 17, 2012.
ADDRESSES: Send written comments to Michael W. Kaszynski, Senior Policy
Analyst, Planning and Policy Analysis, U.S. Office of Personnel
Management, Room 3415, 1900 E Street NW., Washington, DC; or FAX to
(202) 606-4640 Attn: Michael Kaszynski. You may also submit comments
using the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski at
Michael.Kaszynski@opm.gov or (202) 606-0004.
SUPPLEMENTARY INFORMATION: This interim final rule immediately extends
eligibility for health insurance coverage under the Federal Employees
Health Benefits (FEHB) program to temporary firefighters and fire
protection personnel. The federal government has a critical need to
hire and quickly deploy qualified firefighters and other fire
protection personnel to areas of the country where disasters caused by
man or nature require their services. The federal agencies that
routinely deploy firefighters to respond to these disasters, including
the Departments of Agriculture and Interior, have used temporary
appointment authorities to bring firefighting personnel on board, as
these authorities provide the flexibility they need to quickly increase
their firefighting workforce to address wildfire emergencies and then
to decrease the workforce when the emergencies are resolved.
Pursuant to 5 U.S.C. 8913(b), OPM has broad authority to prescribe
the conditions under which employees are eligible to enroll in the FEHB
program and is empowered to include or exclude employees on the basis
of the nature and type of their employment or conditions pertaining to
their appointments, including the duration of the appointment. Under
current OPM regulations, individuals serving under temporary
appointments have generally been excluded from coverage, with limited
exceptions not relevant here. Accordingly, the only circumstances under
which temporary employees previously could secure coverage under the
FEHB program are those set forth in 5 U.S.C. 8906a, which allows
temporary employees who have completed one full year of continuous
employment to secure coverage at their own expense. Temporary
firefighters and fire protection personnel do not generally qualify for
coverage under 5 U.S.C. 8906a because they do not work for full one-
year periods. Thus, they are not eligible for coverage under the FEHB
program at all. This regulation would for the first time provide FEHB
coverage to these firefighters and fire protection personnel, as well
as their families, pursuant to OPM's broad regulatory authority under 5
U.S.C. 8913(b), allowing them to obtain health insurance through their
employer.
OPM believes that the extension of this coverage is appropriate
because firefighters face unique hazards and risks to their health. The
day-to-day job of a firefighter involves frequent exposure to
environmental risk factors that can precipitate the onset of severe and
life-threatening diseases like cancer. Guidotti TL, Evaluating
causality for occupational cancers: the example of firefighters. Occup.
Med. (Lond). 2007; 57; 466-71. The nature of this work necessarily
involves intense physical stress that can result in potentially fatal
cardiac events, job-related injuries, and an adverse psychological
impact. U.S. Dep't of Homeland Sec., U.S. Fire Admin., Fire-Related
Firefighter Injuries Reported to NFIRS, Topical Fire Report Series,
Vol. 11, Issue 7, February 2011, available at http://www.usfa.fema.gov/downloads/pdf/statistics/v11i7.pdf; Kales SN, Soteriades ES,
Christoudias SG, Christiani DC, Firefighters and on-duty deaths from
coronary heart disease: a case control study. Environ. Health. 2003;
2(1):14; Carey MG, Al-Zaiti SS, Dean GE, Sessanna L, Finnell DS, Sleep
Problems, Depression, Substance Use, Social Bonding, and Quality of
Life in Professional Firefighters. J. Occup. Environ. Med. 2011;
53(8):928-33.
Although firefighters are eligible for worker's compensation for
injuries suffered on the job, they nonetheless have a heightened need
for health insurance coverage, so that they can obtain preventive care
and benefit from early detection of the chronic and life-threatening
conditions from which they face increased risk, in addition to
receiving treatment for illnesses and injuries from which they are
currently suffering. Providing firefighters coverage under the FEHB
program acknowledges the unique hazards and increased risks they face
for their Federal service and enhances the quality of their lives by
ensuring they have access to the medical benefits necessary to promote
prevention and early intervention and treatment for diseases that
cannot be prevented.
In addition, in order to protect the public health and safety, the
Departments of Agriculture and Interior have a critical need this year,
as in many years, for experienced firefighting personnel. They wish not
only to recruit experienced firefighters this year, but also to
maintain their interest in returning to serve during subsequent fire
seasons. Offering health insurance coverage will provide additional
assurances that these Departments will continue to successfully recruit
and retain qualified firefighters and fire protection personnel for
this and future fire seasons. OPM is committed to making the process
for signing up for FEHB coverage simple and streamlined so that the
firefighters covered by this
[[Page 42418]]
rule can secure their new benefits with minimal burden. We are working
closely with the Departments of Agriculture and Interior to ensure
firefighters are able to promptly enroll for FEHB coverage.
OPM recognizes that there may be other groups of employees not
currently covered by the FEHB program because of the temporary nature
of their appointments, but who are similarly situated to firefighting
personnel in that they perform emergency response services.
Accordingly, OPM has also added a new subsection (i) to its regulations
that permits agencies to request that OPM extend FEHB coverage to such
employees. OPM intends to construe this subsection narrowly, applying
it only to employees who are engaged in emergency response services
similar to the services being performed by those responding to the
wildfires, and only when requested by their employing agencies. OPM
will issue guidance to assist agencies in implementing this provision.
Agencies may submit requests to OPM under this provision after OPM
issues its guidance.
Finally, OPM is also soliciting comments from the public regarding
whether it should explicitly provide FEHB coverage under subsection (h)
to additional employees who are currently ineligible under the
provisions of subsection (c), but who perform similar emergency
response services, including certain employees who are appointed
pursuant to Section 306(b)(1) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) to respond to major
disasters and emergencies declared by the President.
Waiver of Proposed Rulemaking
OPM is issuing this regulation as an interim final rule. Under
section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 551
et seq.), an agency may issue a final rule without first publishing a
general notice of proposed rulemaking when it determines, for good
cause, that notice and public comment are impracticable, unnecessary,
or contrary to the public interest. We have determined that this
standard is satisfied.
The United States is experiencing an active wildfire season. Not
only are tens of thousands of acres in Western states being blackened,
but the wildfires are creating significant environmental damage and
health hazards. Water quality, for example, is being compromised up to
100 miles from the burn. Big fires have significant consequences,
especially for air quality. A series of large wildfires in Canada in
1995 created massive plumes of carbon monoxide that drifted south
through Boston, New York and Washington. The 2003 wildfire season in
California caused such a substantial increase in particulate matter,
carbon monoxide and nitrous oxide that the fires polluted the air
quality outside and inside homes as well. Forest fires can also result
in large releases of sediment into rivers and streams, which can clog
reservoirs and undermine the quality of drinking water. Therefore, the
federal government has a critical need to hire and deploy qualified
firefighters to serve the American people.
Moreover, the firefighters and fire protection personnel are
putting their lives on the line and voluntarily exposing themselves to
hazardous working conditions every day. They have an immediate need for
health insurance coverage to obtain preventive care and to allow for
early detection of potentially serious conditions, in addition to
addressing any health issues that arise during this fire season.
Allowing these men and women the opportunity to obtain health insurance
coverage will help them to protect themselves and their families.
Because of these conditions, OPM has determined that it would be
impracticable, unnecessary, and contrary to the public interest to
delay putting the provisions of this interim final regulation in place
until a public notice and comment process has been completed. We find
good cause to waive the notice of proposed rulemaking and to issue this
final rule on an interim basis. We will accept public comments on this
interim final rule for 60 days.
We are also dispensing with the usual requirement that a new rule
not take effect until 30 days after it is issued. Instead, this rule is
effective immediately upon public display. Immediate effectiveness is
authorized because this is a substantive rule granting an exception to
the prohibition on providing health insurance coverage to temporary
employees. See 5 U.S.C. 553(d)(1). Moreover, for the reasons set forth
above, there is good cause to make this rule effective immediately.
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 adds additional groups to the list of groups eligible for coverage
under FEHB.
Executive Orders 13563 and 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 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 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.
John Berry,
Director.
Accordingly, OPM is amending 5 CFR part 890 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. 111-03, 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. Section 890.102 to be amended by adding paragraphs (h) and (i) to
read as follows:
Sec. 890.102 Coverage.
* * * * *
(h) Notwithstanding paragraphs (c)(1) and (2) of this section, an
employee who is in a position identified by OPM that provides emergency
response services for wildland fire protection is eligible to be
enrolled in a health benefits plan under this part.
(i) Notwithstanding paragraphs (c)(1) and (2) of this section, upon
request by the employing agency, OPM may grant eligibility to employees
performing similar types of emergency response services to enroll in a
health benefits plan under this part.
[FR Doc. 2012-17623 Filed 7-17-12; 8:45 am]
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