Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2002-04-11.xml --- 67 70 Thursday, April 11, 2002 Contents AID Agency for International Development PROPOSED RULES Federal claims collection, 17655-17665 02-8518 NOTICES Meetings: International Food and Agricultural Development Advisory Board, 17671 02-8800 Agricultural Agricultural Marketing Service RULES Lamb promotion, research and information order, 17847-17864 02-8770 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service Air Force Air Force Department RULES Privacy Act; implementation, 17619-17620 02-8475 Animal Animal and Plant Health Inspection Service RULES Livestock and poultry disease control:

Infectious salmon anemia; indemnification, 17605-17611 02-8779 Army Army Department RULES Privacy Act; implementation, 17618-17619 02-8476 NOTICES Military traffic management: DOD Personal Property Program, 17679-17680 02-8679 Centers Centers for Disease Control and Prevention NOTICES Meetings: Radiation and Worker Health Advisory Board, 17694-17695 02-8838 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Submission for OMB review; comment request, 17695-17696 02-8823 02-8824 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Adoption Opportunities Demonstration Projects et al., 17696-17700 02-8754 Coast Guard Coast Guard RULES Regattas and marine parades: Elizabeth River, Western Branch, Portsmouth, VA; local marine events, 17621-17622 02-8790 Lawson's Creek Hydroplane Race, 17622-17624 02-8788 PROPOSED RULES Ports and waterways safety: Detroit Captain of Port Zone, Lake St. Clair, Selfridge Air National Guard Base, MI; security zone, 17667-17669 02-8786 Regattas and marine parades: Weymouth 4th of July Celebration, 17665-17667 02-8789 NOTICES Meetings:

Lower Mississippi River Waterway Safety Advisory Committee, 17754-17755 02-8787 Commerce Commerce Department See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 02-8921 02-8922 02-8923 02-8924 17674-17675 02-8925 Defense Defense Department See Air Force Department See Army Department RULES Privacy Act; implementation National Reconnaissance Office, 17616-17618 02-8474 NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Proposed collection; comment request, 02-8758 17675-17679 02-8759 02-8760 02-8761 02-8762 02-8763 02-8764 02-8765 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— Graduate Assistance in Areas of National Need Program, 17681-17682 02-8810 Language Resource Centers Program, 17680-17681 02-8809 Employment Employment Standards Administration See Wage and Hour Division Energy Energy Department See Federal Energy Regulatory Commission See Southeastern Power Administration NOTICES Atomic energy agreements; subsequent arrangements, 17682 02-8821 Meetings:

National Coal Council, 17682-17683 02-8820 Natural gas exportation and importation: Burlington Resources Canada Marketing Ltd. et al., 17683 02-8819 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Petroleum refineries; catalytic cracking units, catalytic reforming units, and sulfur recovery units, 17761-17822 02-7222 Wet-formed fiberglass mat production, 17823-17845 02-7096 Air quality implementation plans; approval and promulgation; various States:

Kentucky, 17624-17630 02-8683 Hazardous waste program authorizations: Washington, 17636-17643 02-8533 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Lysophosphatidylethanolamine, 17631-17636 02-8829 Toxic substances: Significant new uses— Benzene, ethenyl-, ar-bromo derivatives, etc., 17643-17649 02-8828 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Kentucky, 17669 02-8684 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Oregon, 17686-17687 02-8827 Toxic and hazardous substances control:

New chemicals— Receipt and status information, 17687-17690 02-8830 FAA Federal Aviation Administration NOTICES Advisory circulars; availability, etc.: Flight in icing conditions, 17755 02-8780 Meetings: Aging Transport Systems Rulemaking Advisory Committee, 17755-17756 02-8785 Passenger facility charges; applications, etc.: Yakima Air Terminal-McAllister Field, WA, 17756 02-8784 Technical standard orders: Terrain Awareness and Warning System, 17756-17757 02-8783 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Various States, 17654 02-8796 PROPOSED RULES Radio stations; table of assignments: Louisiana, 17670 02-8797 Washington, 17669-17670 02-8749 NOTICES Meetings: Media Security and Reliability Council, 17690-17691 02-8799 Network Reliability and Interoperability Council, 17691 02-8798 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 17691 02-8973 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

MNS Wind Co. LLC et al., 17683-17685 02-8750 Virginia Electric & Power Co. et al., 17685-17686 02-8751 Federal Retirement Federal Retirement Thrift Investment Board RULES Thrift Savings Plan: Employee elections to contribute and funds withdrawal methods, 17603-17605 02-8606 FTC Federal Trade Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 17691-17694 02-8811 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Financial Management Service:

Automated Clearing House; Federal agency participation, 17895-17904 02-8885 Fish Fish and Wildlife Service NOTICES Grants and cooperative agreements; availability, etc.: Neotropical Migratory Bird Conservation Act Program, 17711 02-8801 Privacy Act of 1974: Systems of records, 17711-17713 02-8837 Food Food and Drug Administration NOTICES Food additive petitions: Cyanotech Corp., 17700-17701 02-8746 Grants and cooperative agreements; availability, etc.: Food safety research; transmissible spongiform encephalopathies, 17701-17703 02-8777 Reports and guidance documents; availability, etc.:

Food contact substance notification system, 17703-17704 02-8745 Hepatitis B; surface antigen assays used to test blood, blood components, and source plasma donations; modified lot-release specification, 17704-17705 02-8747 Forest Forest Service NOTICES Environmental statements; notice of intent: Colville National Forest, WA, 17671-17672 02-8771 GSA General Services Administration RULES Federal property management: Promotional benefits, including frequent flyer miles, earned on official travel; property of Government requirement provisions removed, 17649-17650 02-8755 NOTICES Environmental statements; availability, etc.:

Chamblee, GA; Centers for Disease Control facility; master plan, 17694 02-8757 Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 02-8758 17675-17679 02-8759 02-8760 02-8761 02-8762 02-8763 02-8764 02-8765 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES Fellowships, internships, training:

National Institutes of Health Contraception and Infertility Research Loan Repayment Program, 17650-17654 02-8592 Housing Housing and Urban Development Department NOTICES Organization, functions, and authority delegations: Chief Financial Officer; order of succession, 17710-17711 02-8778 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Cher-Ae Heights Indian Community of Trinidad Rancheria, CA, 17713-17714 02-8818 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service Justice Justice Department NOTICES Environmental statements; availability, etc.:

Community Oriented Policing Services Office— Methamphetamine/Drug Hot Spots Program, 17718 02-8752 Pollution control; consent judgments: Aliff, William R., representative of Edwin Eugene Aliff Estate, 17719 02-8740 A-L Processors et al., 17718-17719 02-8739 02-8741 Caulk, Daniel E., et al., 17720 02-8742 Kuroshima Shipping, S.A., et al., 17720 02-8743 Premcor Refining Group, Inc., 17720-17721 02-8744 Texaco Exploration & Production Inc., 17721 02-8753 Labor Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration See Wage and Hour Division Land Land Management Bureau RULES Minerals management:

Alaska; National Petroleum Reserve unitization, 17865-17894 02-8470 Mine Mine Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 17721-17722 02-8767 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 02-8758 17675-17679 02-8759 02-8760 02-8761 02-8762 02-8763 02-8764 02-8765 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.:

International Truck & Engine Corp., 17757-17758 02-8791 NIH National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 17706-17707 02-8729 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 17708 02-8735 National Institute of Environmental Health Sciences, 17709 02-8738 National Institute of General Medical Sciences, 02-8724 17705-17706 02-8725 National Institute of Mental Health, 17706 02-8727 National Institute of Neurological Disorders and Stroke, 02-8732 17707-17709 02-8737 National Institute on Aging, 17706 02-8726 National Institute on Alcohol Abuse and Alcoholism, 02-8730 17707 02-8731 National Institute on Deafness and Other Communication Disorders, 17707-17708 02-8733 Scientific Review Center, 17709-17710 02-8728 02-8734 02-8736 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:

Hawaiian Islands Humpback Whale National Marine Sanctuary, HI; management plan, 17672-17673 02-8653 Northwestern Hawaiian Islands National Marine Sanctuary, HI; designation, 17673 02-8654 Permits: Exempted fishing, 17673-17674 02-8831 National Park National Park Service NOTICES Environmental statements; availability, etc.: Alcatraz Island, Golden Gate National Recreation Area, CA, 17714-17715 02-8817 Great Falls Park, VA; entrance station reconstruction, 17715 02-8815 Organ Pipe Cactus National Monument, AZ;

Sonoran pronghorn, 17715-17716 02-8816 Environmental statements; notice of intent: Great Smoky Mountains National Park, TN, 17716-17717 02-8623 Meetings: Kaloko-Honokohau National Historical Park Advisory Commission, 17717 02-8813 Manzanar National Historic Site Advisory Commission, 17717-17718 02-8814 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Maine, 17672 02-8766 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Exelon Generation Co., LLC, 17725-17728 02-8792 Reports and guidance documents; availability, etc.: Personnel dosimetry performance; proficiency testing standard, 17728 02-8793 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: MET Laboratories, Inc., 17722-17725 02-8768 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health SEC Securities and Exchange Commission NOTICES Agency information collection activities:

Proposed collection; comment request, 17728-17729 02-8804 Investment Company Act of 1940: Shares substitution applications— Lincoln Benefit Life Co. et al., 17736-17739 02-8806 Merrill Lynch Life Insurance Co. et al., 17730-17736 02-8805 Meetings; Sunshine Act, 17739 02-8884 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 17729-17730 02-8807 Southeastern Southeastern Power Administration NOTICES Power rates: Jim Woodruff Project, 17686 02-8822 State State Department RULES Exchange Visitor Program:

Regulations; revisions, 17611-17616 02-6072 NOTICES Grants and cooperative agreements; availability, etc.: Afghanistan Women's Teacher-Training Project, 17739-17743 02-8835 Armenia; civic education, pre-service education, and school administrator training; curriculum development projects, 17746-17749 02-8834 Armenia School Connectivity Program, 17743-17746 02-8836 Bosnia and Herzegovina Youth Leadership Program, 17749-17751 02-8832 Burma Refugee Scholarship Program, 17751-17754 02-8833 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-8802 17758 02-8803 Veterans Veterans Affairs Department NOTICES Meetings: Former Prisoners of War Advisory Committee, 17758-17759 02-8776 Professional Certification and Licensure Advisory Committee, 17759 02-8775 Wage Wage and Hour Division PROPOSED RULES Fair Labor Standards Act: Domestic service; companionship services exemption; withdrawn Correction, 17760 C2-8382 Separate Parts In This Issue Part II Environmental Protection Agency, 17761-17822 02-7222 Part III Environmental Protection Agency, 17823-17845 02-7096 Part IV Agriculture Department, Agricultural Marketing Service, 17847-17864 02-8770 Part V Interior Department, Land Management Bureau, 17865-17894 02-8470 Part VI Treasury Department, Fiscal Service, 17895-17904 02-8885 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 70 Thursday, April 11, 2002 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1600 and 1650 Employee Elections To Contribute to the Thrift Savings Plan and Methods of Withdrawing Funds From the Thrift Savings Plan AGENCY:

Federal Retirement Thrift Investment Board. ACTION: Final rule. SUMMARY: The Executive Director of the Federal Retirement Thrift Investment Board (Board) is amending the regulations on employee elections to contribute to the Thrift Savings Plan

(TSP)to permit participants to transfer into their TSP accounts tax-deferred balances from an expanded group of eligible retirement plans. The Executive Director is also amending the regulations on loans and withdrawals from the TSP to specify that a participant who is seeking an exception to the spousal signature and notification requirements on the ground that the spouse's whereabouts are unknown must demonstrate that he or she made a good faith effort to locate the spouse in the 90 days preceding submission of the request to the TSP. EFFECTIVE DATE: April 11, 2002. FOR FURTHER INFORMATION CONTACT: Thomas L. Gray on

(202)942-1662; Merritt Willing on

(202)942-1666; or Patrick J. Forrest on

(202)942-1659. The Board's Fax number is

(202)942-1676. SUPPLEMENTARY INFORMATION: The Board administers the TSP, which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514, which has been codified, as amended, largely at 5 U.S.C. 8351 and 8401-8479. The TSP is a tax-deferred retirement savings plan for Federal employees, which is similar to cash or deferred arrangements established under section 401(k) of the Internal Revenue Code. Sums in a TSP participant's account are held in trust for that participant. Analysis of the Amendment to Part 1600 The Board's rules concerning the procedures governing employee contributions to the TSP were first published in the **Federal Register** (52 FR 45802) as interim rules on December 2, 1987. The final rule was published in the **Federal Register** (59 FR 55331) on November 4, 1994. On October 27, 2000, Congress passed Public Law 106-361, which amended FERSA to permit the TSP to accept into the Plan any eligible rollover distribution, as that term is defined in section 402(c)(8) of the Internal Revenue Code (I.R.C.), that a qualified trust could accept. 5 U.S.C. 8432(j). Accordingly, on May 2, 2001 (66 FR 22088), the Board amended the final rule to permit participants to transfer into their TSP accounts funds from certain qualified retirement plans and conduit individual retirement accounts (IRAs). On February 27, 2002, the Executive Director published in the **Federal Register** (67 FR 8908) a proposed rule that, in general, expanded the types of plans into and from which an eligible TSP distribution can be made. The amendment permits the transfer into existing TSP accounts of certain distributions from eligible retirement plans. The rule, consistent with the Internal Revenue Code (I.R.C.) and the changes made by the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) of 2001, defines eligible retirement plans broadly, to include an individual retirement account described at I.R.C. section 408(a); an individual retirement annuity described at I.R.C. section 408(b); a qualified trust; an I.R.C. section 403(a) annuity plan; an I.R.C. section 403(b) tax-sheltered annuity; and an eligible I.R.C. section 457(b) plan maintained by a governmental employer. In discussing EGTRRA's changes to the Code, the IRS divides these types of plans into “traditional IRAs” (i.e., individual retirement accounts described at I.R.C. section 408(a) and individual retirement annuities described at I.R.C. section 408(b)) and “eligible employer plans” (i.e., qualified trusts, I.R.C. section 403(a) annuity plans, I.R.C. section 403(b) tax-sheltered annuities, and eligible I.R.C. section 457(b) plans). The Executive Director has revised §§ 1600.1 and 1600.31(a) by redefining eligible retirement plan to take these definitions into account and by including definitions of eligible employer plan and traditional IRA. In order to be eligible for transfer, distributions from a traditional IRA must meet the requirements for a rollover contribution, set forth at I.R.C. section 408(d)(3) (26 U.S.C. 408(d)(3)). Distributions from an eligible employer plan must meet the requirements for an eligible rollover distribution, set forth at I.R.C. section 402(c)(4) (26 U.S.C. 402(c)(4)). The distinctions between these requirements were not set forth in the proposed regulation. Therefore, in the final rule, the Executive Director has revised § 1600.32(c) to make clear the different requirements that distributions from eligible employer plans and traditional IRAs must meet in order to be accepted by the TSP. Participants will have to certify that their transfers meet these requirements before the funds will be accepted by the TSP. The Executive Director also revised § 1600.31(b) to clarify that the TSP will not transfer any tax-exempt balances from a uniformed services TSP account into a civilian TSP account. Tax-exempt balances arise from contributions from combat zone pay and are not subject to taxation. The Board received one comment on the proposed rule. The commenter questioned whether a distribution of the tax-deferred portion of the Voluntary Contributory Program

(VCP)available to CSRS employees (5 U.S.C. 8343) can be transferred to the TSP. Contributions to the VCP are made from after-tax money; however, the earnings (interest) on those contributions are tax-deferred until they are paid to the employee. The IRS has stated that that portion of a distribution from the VCP that represents earnings is eligible for transfer and thus, under this final rule, may be transferred to the TSP. With the changes discussed above, the Executive Director is adopting the proposed rule as final. Analysis of the Amendment to Part 1650 The Board's rules concerning withdrawals are set forth in 5 CFR part 1650. Those rules require that the spouse of a FERS participant or uniformed services member consent to an in-service withdrawal and waive his or her entitlement to a joint and survivor annuity in the case of a different post-employment withdrawal election; the spouse of a CSRS participant is entitled to be given notice when the participant applies for a withdrawal. The requirements can be waived by the Executive Director if a participant can establish that the spouse's whereabouts cannot be determined. On February 27, 2002, the Executive Director published in the **Federal Register** (67 FR 8908) a proposed rule that requires a participant's efforts to locate the spouse must have been made within the 90 days preceding submission to the TSP of a request for an exception to the spousal signature or notice requirements. The Board received no comments on the proposed rule. Accordingly, the Executive Director adopts the provisions of the proposed rule as the final rule. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. They will affect only employees of the Federal Government. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act of 1980. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, and 1501-1571, the effects of this regulation on State, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by State, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under section 1532 is not required. Submission to Congress and the General Accounting Office Pursuant to 5 U.S.C. 801(a)(1)(A), the Board submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this rule in today's **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 804(2). List of Subjects 5 CFR Part 1600 Employment benefit plans, Government employees, Pensions, Retirement. 5 CFR Part 1650 Alimony, Claims, Employment benefit plans, Government employees, Pensions, Retirement. Roger W. Mehle, Executive Director, Federal Retirement Thrift Investment Board. For the reasons set out in the preamble, title 5, chapter VI, Code of Federal Regulations, is amended as set forth below: PART 1600—EMPLOYEE ELECTIONS TO CONTRIBUTE TO THE THRIFT SAVINGS PLAN 1. The authority citation for part 1600 is revised to read as follows: Authority: 5 U.S.C. 8351, 8432(b)(1)(A), 8432(j), 8474(b)(5) and (c)(1). 2. Section 1600.1 is amended by adding in alphabetical order new definitions to read as follows: § 1600.1 Definitions. *Eligible employer plan* means a qualified trust; an annuity plan described in I.R.C. section 403(a) (26 U.S.C. 403(a)); an annuity contract described in I.R.C. section 403(b) (26 U.S.C. 403(b)); and an eligible deferred compensation plan described in I.R.C. section 457(b) (26 U.S.C. 457(b)) which is maintained by an eligible employer described in I.R.C. section 457(e)(1)(A) (26 U.S.C. 457(e)(1)(A)). *Eligible retirement plan means an eligible employer plan or a traditional IRA.* *Traditional IRA* means an individual retirement account described in I.R.C. section 408(a) (26 U.S.C. 408(a)) and an individual retirement annuity described in I.R.C. section 408(b) (26 U.S.C. 408(b)) (other than an endowment contract). 3. Section 1600.31 is revised to read as follows: § 1600.31 Accounts eligible for transfer.

(a)A participant who is entitled to receive (or receives) an eligible rollover distribution, within the meaning of I.R.C. section 402(c)(4) (26 U.S.C. 402(c)(4)), from an eligible employer plan or a rollover contribution, within the meaning of I.R.C. section 408(d)(3) (26 U.S.C. 408(d)(3)), from a traditional IRA may cause to be transferred (or transfer) that distribution into his or her existing TSP account. This option is not available to participants who have already made a full withdrawal of their TSP account after separation from service or who are receiving monthly payments.

(b)The only balances that the TSP will accept are balances that would otherwise be includible in gross income if the distribution were paid to the participant. The TSP will not accept any balances that have already been subjected to Federal income tax (after-tax monies) or balances from a uniformed services TSP account that will not be subject to Federal income tax (tax-exempt monies). 4. Section 1600.32 is revised to read as follows: § 1600.32 Methods for transferring eligible rollover distribution to TSP.

(a)*Trustee-to-trustee transfer* . Participants may request that the administrator or trustee of their eligible retirement plan transfer any or all of their account directly to the TSP by executing and submitting a Form TSP-60 or TSP-U-60, Request for a Transfer Into the TSP, to the administrator or trustee. The administrator or trustee must complete the appropriate section of the form and forward the completed form and the distribution to the TSP record keeper.

(b)*Rollover by participant* . Participants who have already received a distribution from an eligible retirement plan may roll over all or part of the distribution into the TSP in accordance with the following requirements:

(1)The participant must complete Form TSP-60 or TSP-U-60, Request for a Transfer Into the TSP.

(2)The administrator or trustee of the eligible retirement plan must certify on the Form TSP-60 or TSP-U-60 the amount and date of the distribution.

(3)The participant must submit the completed Form TSP-60 or TSP-U-60, together with a certified check, cashier's check, cashier's draft, money order, or treasurer's check from a credit union, made out to the “Thrift Savings Plan,” for the entire amount of the rollover. A participant may roll over the full amount of the distribution by making up, from his or her own funds, the amount that was withheld from the distribution for the payment of Federal taxes.

(4)The transaction must be completed within 60 days of the participant's receipt of the distribution from his or her eligible retirement plan. The transaction is not complete until the TSP record keeper receives the Form TSP-60 or TSP-U-60, executed by both the participant and administrator, trustee, or custodian, together with the guaranteed funds for the amount to be rolled over.

(c)*Participant's certification* . When transferring a distribution to the TSP by either a trustee-to-trustee transfer or a rollover, the participant must certify that the distribution is eligible for transfer into the TSP, as follows:

(1)*Distribution from an eligible employer plan* . The participant must certify that the distribution:

(i)Is not one of a series of substantially equal periodic payments made over the life expectancy of the participant (or the joint lives of the participant and designated beneficiary, if applicable) or for a period of 10 years or more;

(ii)Is not a minimum distribution required by I.R.C. section 401(a)(9) (26 U.S.C. 401(a)(9));

(iii)Is not a hardship distribution;

(iv)Is not a plan loan that is deemed to be a taxable distribution because of default;

(v)Is not a return of excess elective deferrals; and

(vi)If not transferred or rolled over, would be includible in gross income for the tax year in which the distribution is paid.

(2)*Distribution from a traditional IRA* . The participant must certify that the distribution:

(i)Is not a minimum distribution required under I.R.C. section 401(a)(9) (26 U.S.C. 401(a)(9)); and

(ii)If not transferred or rolled over, would be includible in gross income for the tax year in which the distribution is paid. PART 1650—METHODS OF WITHDRAWING FUNDS FROM THE THRIFT SAVINGS PLAN 5. The authority citation for part 1650 continues to read as follows: Authority: 5 U.S.C. 8351, 8433, 8434, 8435, 8474(b)(5), and 8474(c)(1). §§ 1650.60, 1650.61 and 1650.62 [Amended] 6. Sections 1650.60(b), 1650.61(b) and (c)(1)(ii), and 1650.62(b) and

(c)are amended by removing the words “one year” and adding in their place the words “90 days'. 7. Section 1650.63(a)(3) and

(b)are revised to read as follows: § 1650.63 Executive Director's exception to the spousal notification requirement.

(a)* * *

(3)Statements by the participant and two other persons that meet the following requirements:

(i)The participant's statement must give the full name of the spouse, declare the participant's inability to locate the spouse, state the last time the spouse's location was known, explain why the spouse's location is not known currently, and describe the good faith efforts the participant has made to locate the spouse in the 90 days preceding submission to the TSP of the request for an exception. Examples of attempting to locate the spouse include, but are not limited to, checking with relatives and mutual friends or using telephone directories and directory assistance for the city of the spouse's last known address. Negative statements, such as, “I have not seen nor heard from him” or, “I have not had contact with her”, are not sufficient.

(ii)The statements from two other persons must support the participant's statement that the participant has made attempts within the preceding 90 days to locate the spouse and that the participant does not know the spouse's whereabouts.

(iii)All statements must be signed and dated and must include the following certification: “I understand that a false statement or willful misrepresentation is punishable under Federal law (18 U.S.C. 1001) by a fine or imprisonment or both.”.

(b)A withdrawal election received within 90 days of an approved exception may be processed so long as the spouse named on the form is the spouse for whom the exception has been approved. § 1650.64 [Amended] 8. Section 1650.64(c) is amended by removing the words “one-year period” and adding in their place the words “90-day period''. [FR Doc. 02-8606 Filed 4-10-02; 8:45 am]

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