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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
PART 890FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM
1. The authority citation for part 890
is revised to read as follows:

Authority: 5 U.S.C. 8913; Sec. 890.102 also issued under sections 11202f, 11232e, and 11246 b of Pub. L. 10533, 111 Stat. 251;
Sec. 890.111 also issued under section 1622b of Pub. L. 104106, 110 Stat. 521 36
U.S.C. 5522; Sec. 890.112 also issued under section 1 of Pub. L. 110279, 122 Stat. 2604
2 U.S.C. 2051; Sec. 890.113 also issued under section 1110 of Pub. L. 11692, 133
Stat. 1198 5 U.S.C. 8702 note; Sec. 890.301
also issued under section 311 of Pub. L. 111
3, 123 Stat. 64 26 U.S.C. 9801; Sec.
890.302b also issued under section 1001 of Pub. L. 111148, 124 Stat. 119, as amended by Pub. L. 111152, 124 Stat. 1029 42 U.S.C.
300gg14; Sec. 890.803 also issued under 50
U.S.C. 3516 formerly 50 U.S.C. 403p and 22
U.S.C. 4069c and 4069c1; subpart L also issued under section 599C of Pub. L. 101
513, 104 Stat. 2064 5 U.S.C. 5561 note, as amended; and subpart M also issued under section 721 of Pub. L. 105261 10 U.S.C.
1108, 112 Stat. 2061; 25 U.S.C. 1647b.

Subpart NFederal Employees Health Benefits for Employees of Certain Indian Tribal Employers 2. Amend 890.1402 in paragraph a by revising the definitions of billing unit, paymaster, and tribal employer and adding a definition for tribally controlled schools in alphabetical order to read as follows:

lotter on DSK11XQN23PROD with RULES1

890.1402 Definitions and deemed references.

a
Billing unit is a subdivision of the tribal employers workforce that aligns tribal employees for purposes of administering FEHB enrollment and collection of payment. A billing unit may be either governmental or commercial or a combination of both. So long as a tribal employer purchases FEHB for at least one billing unit that is an Indian Tribe or tribal organization carrying out at least one program under the Indian Self-Determination and Education Assistance Act ISDEAA or Tribally Controlled Schools Act of 1988
TCSA, or an urban Indian organization carrying out at least one program under title V of the Indian Health Care Improvement Act IHCIA, the tribal employer may purchase FEHB for other billing units without regard to its programs.

Paymaster is the entity or entities designated by OPM as responsible for receiving FEHB premiums from the tribal employer, forwarding premiums to the Employees Health Benefits Fund,
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and maintaining enrollment records for all participating tribal employers.

Tribal employer is an Indian tribe or tribal organization as those terms are defined in 25 U.S.C. chapter 18, Indian Health Care carrying out at least one program under the Indian SelfDetermination and Education Assistance Act or the TCSA 25 U.S.C.
2501 et seq.; or an urban Indian organization as that term is defined in 25 U.S.C. chapter 18, Indian Health Care carrying out at least one program under title V of the Indian Health Care Improvement Act. The tribe, tribal organization, or urban Indian organization is a tribal employer provided that it certifies entitlement to purchase FEHB according to the process described in subpart N. FEHB benefits that tribal employers are entitled to purchase for their tribal employees are set forth in this subpart and to the extent there exists any ambiguity or inconsistency between this subpart and other subparts of this part, the terms of this subpart will govern FEHB benefits available for purchase by tribal employers.
Tribally controlled school is a school as the term is defined in section 2511
of 25 U.S.C. chapter 27, Tribally Controlled School Grants that is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12, including a preschool; is not a local educational agency; and is not directly administered by the Bureau of Indian Affairs.

3. Amend 890.1404 by revising paragraphs a1 and 2, b5 and 9, and e1 to read as follows:
890.1404 Tribal employer election and agreement to purchase FEHB.

a
1 A tribal employer must purchase FEHB for at least one billing unit carrying out programs or activities under the tribal employers ISDEAA or IHCIA contract or TCSA grant.
2 For so long as a tribal employer continues to purchase FEHB for at least one billing unit carrying out programs or activities under a tribal employers ISDEAA or IHCIA contract or TCSA
grant, the tribal employer may purchase FEHB for one or more billing units without regard to whether they are carrying out programs or activities under the tribal employers ISDEAA or IHCIA contract or TCSA grant.
b
5 A certification and documentation demonstrating that the tribal employer
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is entitled to purchase FEHB as either:
An Indian tribe or tribal organization carrying out at least one program under the Indian Self-Determination and Education Assistance Act or Tribally Controlled Schools Act of 1988; or an urban Indian organization carrying out at least one program under Title V of the Indian Health Care Improvement Act;

9 Agreement to provide notice to OPM in the event that the tribal employer is no longer carrying out at least one program under the ISDEAA or title V of IHCIA or the Tribally Controlled Schools Act of 1988; and

e
1 An Indian tribe or tribal organization carrying out at least one program under the Indian SelfDetermination and Education Assistance Act or under the Tribally Controlled Schools Act of 1988; or

FR Doc. 202119042 Filed 9221; 8:45 am BILLING CODE 632564P

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 800
Doc. No. AMSFGIS200001
RIN 0581AD94

Fees for Supervision of Official Inspection and Weighing Services Performed by Delegated States and Designated Agencies, Miscellaneous Fees for Other Services, and Removal of Specific Fee References Agricultural Marketing Service, Department of Agriculture USDA.
ACTION: Final rule.
AGENCY:

This final rule revises regulations under authority of the United States Grain Standards Act USGSA by implementing a standardized formula model for calculating Federal Grain Inspection Service FGIS supervision fees. The revision enables FGIS to adjust supervision fees annually in order to maintain an appropriate operating reserve as required by the USGSA. As with other Agricultural Marketing Service AMS fee-based programs, AMS
will publish annual FGIS fee updates in the Federal Register and post updated fee schedules on its website. The revision also eliminates or revises certain registration and duplication fees charged by FGIS.

SUMMARY:

E:FRFM03SER1.SGM

03SER1