Unknown. Final rule

2,499 words·~11 min read·/register/2006/09/20/06-7925

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-2006-09-20.xml --- 71 182 Wednesday, September 20, 2006 Contents Agriculture Agriculture Department See Cooperative State Research, Education, and Extension Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 54976 E6-15571 Alcohol Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Alcoholic beverages: Labeling and advertising, major food allergen labeling standards, 54943 06-7963 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:

ALLTELL Corp., 55015-55028 06-7766 Centers Centers for Disease Control and Prevention NOTICES Meetings: National Institute for Occupational Safety and Health— Scientific Counselors Board, 54992 06-7984 Children Children and Families Administration PROPOSED RULES Child Support Enforcement Program: Medical support, 54965-54974 06-7964 NOTICES Agency information collection activities; proposals, submissions, and approvals, 54992-54993 06-7763 Grants and cooperative agreements; availability, etc.:

Oregon State University, 54993 E6-15559 Coast Guard Coast Guard RULES Regattas and marine parades: Sunset Lake Hydrofest, 54906-54908 06-7943 PROPOSED RULES Drawbridge operations: Louisiana, 54944-54948 E6-15558 E6-15561 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Cooperative Cooperative State Research, Education, and Extension Service RULES Grants: National Research Initiative Competitive Grants Program, 54894-54898 E6-15568 Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright office and procedures:

Retransmission of digital broadcast signals pursuant to the cable statutory license, 54948-54953 06-7927 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 54980 06-7944 Defense Defense Department NOTICES Meetings: Defense Business Board, 54980-54981 06-7769 U.S. Joint Forces Command Transformation Advisory Group, 54981 06-7746 Privacy Act; computer matching program, 54981-54982 06-7923 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Children with disabilities programs, 54982-54983 E6-15578 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Methane Hydrate Advisory Committee, 54983-54984 06-7807 EPA Environmental Protection Agency RULES Air pollution control; new motor vehicles and engines: Tier 2/gasoline sulphur regulations, 54908-54912 06-7809 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Dithianon, 54917-54922 E6-15460 Etofenprox, 54922-54928 06-8004 Metrafenone, 54912-54917 E6-15475 Pantoea Agglomerans Strain E325, 54928-54933 06-8005 PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Chlorpropham, etc., 54953-54965 E6-15471 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Maine, 54985-54986 E6-15599 Organization, functions, and authority delegations: EPA Headquarters Library, walk-in service discontinuance; Repository Library, paper and electronic format documents access, 54986 06-7803 Pesticide, food, and feed additive petitions: K-I Chemical U.S.A. Inc., 54987-54988 06-7804 Pesticide registration, cancellation, etc.:

Syngenta Crop Protection, Inc., et al. Technical correction, 54986-54987 E6-15461 Executive Executive Office of the President See Presidential Documents Farm Farm Credit System Insurance Corporation RULES Privacy Act; implementation, 54899-54901 06-7951 FAA Federal Aviation Administration RULES Airworthiness Directives Gippsland Aeronautics Pty. Ltd., 54901-54902 06-7928 PROPOSED RULES Airworthiness directives: BAE Systems (Operations) Ltd., 54939-54941 E6-15592 McDonnell Douglas, 54941-54943 06-7945 NOTICES Environmental statements; notice of intent:

Commercial space launches and reentries; reusable suborbital rockets operating under experimental permits, 55048 E6-15557 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, 54935 E6-15533 Florida, 54935-54936 E6-15598 Georgia, 54936-54937 06-7801 Mississippi, 54934-54935 E6-15532 Texas, 54934 E6-15530 Washington, 54937 06-7950 Wisconsin, 54936 E6-15601 PROPOSED RULES Radio stations; table of assignments: New York, 54974-54975 E6-15531 NOTICES Agency information collection activities; proposals, submissions, and approvals, 54988-54989 E6-15534 *Applications, hearings, determinations, etc.:* Commercial Radio Service, Inc., et al., 54989-54990 06-7906 Federal Election Federal Election Commission RULES Political committees; registration, organization, and recordkeeping:

Increase in limitation on authorized committees supporting other authorized committees, 54899 E6-15565 NOTICES Meetings; Sunshine Act, 54990 06-7962 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Arizona; withdrawn, 54933-54934 06-7808 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 54984-54985 06-7980 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 54990-54991 06-7798 Ocean transportation intermediary licenses:

China International Freight LLC, et al., 54991 06-7799 OMJ international Freight, Inc. et al., 54991 06-7806 Federal Mine Federal Mine Safety and Health Review Commission RULES Procedural rules, etc.: Revisions, 54904-54906 E6-15582 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 54991-54992 06-7979 Federal Retirement Federal Retirement Thrift Investment Board RULES Thrift Savings Plan: Court orders and legal processes affecting Thrift Savings Plan accounts, 54893-54894 06-7925 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds:

Centennial Casualty Co., 55049-55050 06-7767 Fish Fish and Wildlife Service RULES Migratory bird hunting: Federal Indian reservations, off-reservation trust lands, and ceded lands, 55076-55085 E6-15564 NOTICES Agency information collection activities; proposals, submissions, and approvals, 55004-55005 E6-15560 Endangered and threatened species: Kendall Warm Springs dace, Dudley Bluffs bladderpod and twinpod; 5-year review, 55005-55007 06-7924 Survival enhancement permits— Arizona, yuma clapper rail, southwestern willow flycatcher and bald eagle; safe harbor agreement, 55007 06-8006 Utah; prairie dogs; safe harbor agreement, E6-15590 55008-55009 E6-15596 Food Food and Drug Administration NOTICES Human drugs:

Patent extension; regulatory review period determinations— APTIVUS, 54995-54996 E6-15553 AVASTIN, 54997-54998 E6-15555 CYDECTIN, 54993-54994 06-7800 FUZEON, 54996-54997 E6-15554 MACUGEN, 54998-54999 E6-15556 MYCAMINE, 54994-54995 06-7985 Reports and guidance documents; availability, etc.: “Changes Being Effected” Supplements; public availability of labeling changes; industry guidance, 54999-55000 06-7983 Forest Forest Service NOTICES Meetings: National Urban and Community Forestry Advisory Council, 54976 E6-15569 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services Industry Industry and Security Bureau RULES National security industrial base regulations: Defense priorities and allocations system regulations— Assistance programs with Canada and other nations, 54902-54904 E6-15447 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Frozen warmwater shrimp from— China, 54978 06-7795 Ecuador, 54977-54978 06-7790 Countervailing duties:

Welded carbon steel standard pipe from— Turkey, 54979 06-7796 International International Trade Commission NOTICES Import investigations: Audio processing integrated circuits and products containing same, 55013-55014 06-7794 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments: City of New Orleans, et al., 55014-55015 06-7782 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 55029 06-7908 Land Land Management Bureau NOTICES Recreation management restrictions, etc.:

Factory Butte Area, UT; off-road vehicle travel restrictions, 55009-55010 06-7973 White Wash Sand Dunes area, Moab Field Office administered lands, UT; human waste carry-out; supplementary rules, 55010-55012 06-7929 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Credit National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-15610 55029-55030 E6-15614 NOAA National Oceanic and Atmospheric Administration NOTICES Scientific research permit applications, determinations, etc., 54979 06-7802 National Park National Park Service NOTICES Environmental statements; notice of intent:

Rock Creek Park, Washington, DC; white-tailed deer management plan, 55012-55013 06-7981 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 06-7757 55030-55031 06-7758 Meetings: Proposal reviews, 55031 06-7778 Meetings; Sunshine Act, 55031-55032 06-7914 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 55032 E6-15577 Environmental statements; availability, etc.:

Pacific Gas and Electric Co., 55035-55036 E6-15589 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 55032-55035 06-7974 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous materials: Editorial corrections and clarifications Correction, 54937-54938 06-7793 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Literacy Day (Proc. 8053), 54891-54892 06-7953 National Farm Safety and Health Week (Proc. 8052), 54889-54890 06-7952 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 55036-55037 E6-15585 E6-15586 Self-regulatory organizations; proposed rule changes:

Chicago Stock Exchange, Inc., 55037-55042 E6-15588 NASDAQ Stock Market LLC, 55042-55044 E6-15572 NYSE Arca, Inc., 55044-55046 E6-15587 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 55046 06-7786 06-7946 Disaster loan areas: Arizona, 55047 06-7788 Texas, 55047 06-7787 Surface Surface Transportation Board NOTICES Railroad services abandonment: Central Railroad Company of Indiana, 55048-55049 E6-15512 Transportation Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 55047 06-7789 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 55048 06-7805 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Fiscal Service See United States Mint NOTICES Agency information collection activities; proposals, submissions, and approvals, 55049 06-7926 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Temporary protected status program designations; terminations, extensions, etc.:

Liberia, 55000-55004 06-7785 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 55050 E6-15573 Veterans Veterans Affairs Department PROPOSED RULES Compensation, pension, burial, and related benefits: Dependents and survivors; reorganization and plain language rewrite, 55052-55074 06-7759 Separate Parts In This Issue Part II Veterans Affairs Department, 55052-55074 06-7759 Part III Interior Department, Fish and Wildlife Service, 55076-55085 E6-15564 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. 71 182 Wednesday, September 20, 2006 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1653 Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts AGENCY: Federal Retirement Thrift Investment Board ACTION:

Final rule. SUMMARY: The Executive Director, Federal Retirement Thrift Investment Board (Agency) is adopting as final, the Agency's proposed rule amending the Thrift Savings Plan's (TSP's) regulations to improve processing of court orders that seek to divide a TSP account pursuant to a divorce. The final rule limits the types of court orders the Agency will accept to either one that requires payment of a specific dollar amount or that requires payment of a stated percentage or fraction of the account.

The Agency will no longer accept formula court orders. EFFECTIVE DATE: This final rule is effective January 1, 2007. FOR FURTHER INFORMATION CONTACT: Merritt Willing on

(202)942-1660. SUPPLEMENTARY INFORMATION: The Agency administers the TSP, which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. sections 8351 and 8401-79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). On August 9, 2006, the Agency published a proposed rule with request for comments in the **Federal Register** (71 FR 45437). The Agency received no comments on the proposed rule. The rule limits acceptable court orders that divide a TSP account to those that either require payment of a specific dollar amount or that require payment of a stated percentage or fraction of the account. The Agency will no longer accept formula-based court orders because they are overly complex and often are not acceptable by the Agency or, if acceptable, would result in payments that were not anticipated by either party to the order. As a consequence, the parties must return to court and obtain an amended order. Additionally, the formula court order requires the Agency to interpret the order and results in considerable administrative expense. These expenses are borne by all TSP participants. The rule will make it easier for the parties in a divorce to ensure that the Agency will divide a TSP account in accordance with their wishes. The rule simplifies the types of court orders the Agency will accept. The rule also contains model paragraphs that attorneys can use to ensure that, in drafting orders, the language they select will both produce the intended result and meet the Agency's processing requirements. The rule will ensure accuracy of court order payments and will ensure that the administrative expenses of the court order program are reasonable for a retirement savings plan. 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. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 602, 632, 653, 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 § 1532 is not required. Submission to Congress and the Government Accountability Office Pursuant to 5 U.S.C. 801(a)(1)(A), the Agency 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 before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1653 Alimony, Child support, Claims, Government employees, Pensions, Retirement. Gary A. Amelio, Executive Director, Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Agency amends 5 CFR chapter VI as follows: PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS 1. The authority citation for part 1653 continues to read as follows: Authority: 5 U.S.C. 8435, 8436(d), 8437(e), 8439(a)(3), 8474(b)(5), and 8474(c)(1). 2. Amend § 1653.2 by revising paragraphs (a)(3)(ii), (iii), and

(iv)to read as follows: § 1653.2 Qualifying retirement benefits court order.

(a)* * *

(3)* * *

(i)* * *

(ii)A stated percentage or fraction of the account; or

(iii)A survivor annuity as provided in 5 U.S.C. 8435(d).

(iv)The following examples would qualify to require payment from the TSP, although ambiguous or conflicting language used elsewhere could cause the order to be rejected. Example (1). ORDERED: [payee's name, Social Security number (SSN), and address] is awarded $___ from the [civilian or uniformed services] Thrift Savings Plan account of [participant's name, SSN, and address]. Example (2). ORDERED: [payee's name, SSN, and address] is awarded ___% of the [civilian and/or uniformed services] Thrift Savings Plan account[s] of [participant's name, SSN, and address] as of [date]. Example (3). ORDERED: [payee's name, SSN, and address] is awarded [fraction] of the [civilian and/or uniformed services] Thrift Savings Plan account[s] of [participant's name, SSN, and address] as of [date]. Note: The following optional language can be used in conjunction with any of the above examples. FURTHER ORDERED: Earnings will be paid on the amount of the entitlement under this ORDER until payment is made. [FR Doc. 06-7925 Filed 9-19-06; 8:45 am]

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