Unknown. Final rule

7,381 words·~34 min read·/register/2007/09/19/07-4659

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-2007-09-19.xml --- 72 181 Wednesday, September 19, 2007 Contents Agriculture Agriculture Department See Forest Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-18394 53522-53524 E7-18395 E7-18397 E7-18519 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Meetings: Telecommunications and Electronic and Information Technology Advisory Committee, 53509 E7-18492 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Community Preventive Services Task Force, 53587-53588 E7-18411 Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 53588 E7-18483 National Institute for Occupational Safety and Health— Scientific Counselors Board, 53588-53589 E7-18485 Radiation and Worker Health Advisory Board, 53589 E7-18417 Centers Centers for Medicare & Medicaid Services RULES Medicare: Revisit User Fee Program; medicare survey and certification activities, 53628-53649 E7-18458 Coast Guard Coast Guard RULES Drawbridge operations:

Florida, 53430 E7-18403 Commerce Commerce Department See Economics and Statistics Administration See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Navy Department Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Lannett Co. Inc., 53605-53606 E7-18497 Research Triangle Institute, 53606 E7-18446 Economics Economics and Statistics Administration NOTICES Meetings: Bureau of Economic Analysis Advisory Committee, 53527 E7-18453 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53542-53544 E7-18454 E7-18516 E7-18568 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Western Area Power Administration Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-18414 53545-53546 E7-18421 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Georgia, 53432-53436 E7-17976 National Environmental Policy Act; implementation: Environmental review process; procedural provisions and requirements, 53652-53672 E7-18053 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Amitraz, etc., 53449-53455 E7-18508 Chloroneb, etc., 53455-53462 E7-18496 Desmedipham, 53445-53449 E7-18373 Pendimethalin, 53436-53440 E7-18259 Trifloxystrobin, 53440-53445 E7-18371 Superfund program: National oil and hazardous substances contingency plan priorities list, 53463-53470 E7-18155 Toxic substances:

Significant new uses— Dodecandioic acid, 1, 12-dihydrazide, etc., 53470-53487 E7-18502 PROPOSED RULES Superfund program: National oil and hazardous substances contingency plan priorities list, 53509-53516 E7-18154 NOTICES Agency information collection activities; proposals, submissions, and approvals, 53562-53567 E7-18511 E7-18513 E7-18517 07-4643 Confidential business information and data transfer, 53567-53569 E7-18469 E7-18491 Meetings: FIFRA Scientific Advisory Panel, 53569-53572 E7-18455 Tribal Pesticide Program Council, 53572-53573 E7-18353 Pesticide, food, and feed additive petitions:

Dow AgroSciences LLC et al., 53575-53577 E7-18362 Pesticide registration, cancellation, etc.: Farnesol and nerolidol, etc., 53573-53575 E7-18356 Pesticides; experimental use permits, etc.: Agriculture Department, Animal and Plant Health Inspection Service, 53561-53562 E7-18361 Reports and guidance documents; availability, etc.: Hazardous chemicals; acute exposure guideline levels; values and technical support documents, 53577-53579 E7-18479 Pesticides— Antimicrobial products; emerging pathogens and disinfection hierarchy; implementation, 53579-53580 E7-18372 Toxic and hazardous substances control:

Amphibole asbestos fiber-containing materials from Libby, Montana; dosimetric and toxicologic assessment research plan, 53569 E7-18521 FAA Federal Aviation Administration PROPOSED RULES Airports: Aviation safety inspector; access to air operation areas, secured areas, and security identification areas, 53504-53509 E7-18349 Airworthiness directives: Airbus, 53489-53491 E7-18448 Boeing, 53488, 53498-53501 E7-18420 E7-18449 General Electric Co., 53491-53493 E7-18418 Grob-Werke, 53493-53495 E7-18443 Mcdonnell Douglas, 53495-53498 E7-18447 Saab, 53501-53504 E7-18478 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 53580 07-4680 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: North Dakota, 53594-53595 E7-18396 E7-18398 Ohio, 53595 E7-18399 Oklahoma, 53595-53596 E7-18400 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 53551-53553 E7-18413 Exempt wholesale generators or foreign utility companies; effectiveness status: Bethlehem Renewable Energy, LLC et al., 53546 E7-18444 Hydroelectric applications, E7-18423 53553-53556 E7-18438 E7-18439 E7-18440 Meetings:

Reliability Standard compliance and enforcement in regions with independent system operators and regional transmission organizations; technical conference, 53557-53558 E7-18429 Meetings; Sunshine Act, 53558-53559 E7-18387 *Applications, hearings, determinations, etc.:* Bonneville Power Administration, 53546 E7-18441 Boulder, CO, 53546-53547 E7-18424 CPV Liberty, LLC, 53547 E7-18425 Great Lakes Gas Transmission L.P., 53547-53548 E7-18430 National Fuel Gas Supply Corp., 53548 E7-18422 Natural Gas Pipeline Co. of America, 53548-53549 E7-18445 Northwest Pipeline Corp., 53549 E7-18427 Pacific Connector Gas Pipeline, LP, et al., 53549-53550 E7-18426 Southwest Transmission Cooperative, Inc., 53550 E7-18442 Transcontinental Gas Pipe Line Corp., 53550-53551 E7-18428 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53618-53619 E7-18410 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 53580-53581 E7-18493 Ocean transportation intermediary licenses:

Visca Corp. et al., 53581 E7-18452 Federal Retirement Federal Retirement Thrift Investment Board RULES Thrift Savings Plan: Employee contribution election and contribution allocations, etc., 53413-53414 E7-18463 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 53581-53584 07-4619 Prohibited trade practices: American Renal Associates, Inc., 53585-53587 E7-18378 Forest Forest Service NOTICES Environmental statements; notice of intent:

Mt. Hood National Forest, OR; off-highway vehicle travel management plan, 53524-53525 07-4642 Recreation fee areas: Manti-La Sal National Forest, UT; operation and maintenance fees, 53525 E7-18402 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 53587 E7-18401 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Interior Interior Department See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Frozen fish fillets from— Vietnam, 53527-53538 E7-18490 *Applications, hearings, determinations, etc.:* Northwestern University et al., 53538 E7-18471 International International Trade Commission NOTICES Import investigations: Global beef trade; animal health, sanitary, food safety, and other measures effecting U.S. beef exports, 53603-53604 E7-18407 U.S.

Generalized System of Preferences 2007 review of additions and removals, 53604-53605 E7-18408 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Closure of public lands: California, 53597-53598 E7-18450 Coal leases, exploration licenses, etc.: North Dakota, 53598 E7-18437 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Science Committee, 53607-53608 E7-18379 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53619-53620 E7-18393 NIH National Institutes of Health NOTICES Meetings:

National Center for Research Resources, 53589-53590 07-4630 National Human Genome Research Institute, 53590 07-4624 National Institute of Allergy and Infectious Diseases, 53592 07-4629 National Institute of Child Health and Human Development, 07-4625 53591-53592 07-4626 National Institute on Aging, 53590 07-4621 National Institute on Deafness and Other Communication Disorders, 53590-53591 07-4622 07-4623 Scientific Review Center, 07-4627 07-4628 53592-53594 07-4631 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish, 53516-53521 E7-18489 National Park National Park Service NOTICES Native American human remains, funerary objects; inventory, repatriation, etc.: Fowler Museum of Cultural History, University of California, Los Angeles, CA, 53598-53599 E7-18488 Kansas State Historical Society, Topeka, KS, 53599-53600 E7-18484 Slater Museum of Natural History, University of Puget Sound, Tacoma, WA, 53600-53601 E7-18481 E7-18482 Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 53601-53602 E7-18486 U.S.

Army Corps of Engineers and University of Oregon Museum of Natural and Cultural History, Eugene, OR, 53602-53603 E7-18487 Navy Navy Department RULES Claims on behalf of and against U.S.: Affirmative claims; administrative processing and consideration, 53426-53430 E7-18199 General claims; administrative processing and consideration, 53417-53421 E7-18198 Nonappropriated-funds claims; administrative processing and consideration, 53424-53426 E7-18205 Personnel claims; administrative processing and consideration, 53421-53424 E7-18204 NOTICES Environmental statements; record of decision:

Boca Chica Field, Naval Air Station, Key West, FL; clear zones and stormwater drainage systems restoration, 53538-53542 E7-18383 Meetings: Chief of Naval Operations Executive Panel, 53542 E7-18477 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, E7-18404 53608 E7-18419 Occupational Occupational Safety and Health Administration NOTICES Meetings: Occupational Safety and Health Federal Advisory Council, 53606-53607 E7-18406 Personnel Personnel Management Office RULES Employment:

Exceptional employment needs; reemployment of civilian retirees, 53411-53413 E7-18377 Postal Postal Regulatory Commission NOTICES Meetings: Service standards and measurement, 53608-53609 E7-18382 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 53525-53526 E7-18384 Environmental statements; availability, etc.: East Kentucky Power Cooperative, 53526-53527 E7-18385 SEC Securities and Exchange Commission PROPOSED RULES Financial reporting matters:

Financial statements; preparation by U.S. issuers in accordance with international financial reporting standards Correction, 53509 E7-18405 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-18392 53609-53610 E7-18451 Investment Company Act of 1940: Hercules Technology Growth Capital, Inc., 53610-53612 E7-18388 Self-regulatory organizations; proposed rule changes: Financial Industry Regulatory Authority, Inc.; correction, 53612 E7-18415 International Securities Exchange, LLC, 53612-53614 E7-18389 NASDAQ Stock Market LLC, 53614-53615 E7-18390 New York Stock Exchange LLC, 53615-53616 E7-18391 Philadelphia Stock Exchange, Inc., 53616-53617 E7-18416 SBA Small Business Administration NOTICES Loan programs:

Gulf Opportunity Pilot Program; extension, 53617 E7-18520 State State Department NOTICES Culturally significant objects imported for exhibition: World of 1607, 53618 E7-18456 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department RULES Merchandise, special classes: Import restrictions— Mali; archaeological material, 53414-53417 07-4659 U.S. U.S.

Citizenship and Immigration Services NOTICES Temporary protected status program designations, terminations, extensions, etc.: Liberia, 53596-53597 07-4645 Customs U.S. Customs and Border Protection RULES Merchandise, special classes: Import restrictions— Mali; archaeological material, 53414-53417 07-4659 Veterans Veterans Affairs Department RULES National cemeteries: Government-furnished headstone and marker regulations, 53430-53432 E7-18503 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-18457 53620-53622 E7-18460 E7-18461 E7-18462 Privacy Act; systems of records, 53622-53625 E7-18464 Western Western Area Power Administration NOTICES Reports and guidance documents; availability, etc.:

Wind hydropower integration feasibility study; work plan, 53560-53561 E7-18480 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 53628-53649 E7-18458 Part III Environmental Protection Agency, 53652-53672 E7-18053 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. 72 181 Wednesday, September 19, 2007 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 553 RIN 3206-AI32 Reemployment of Civilian Retirees To Meet Exceptional Employment Needs AGENCY:

Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations to amend the criteria under which OPM may grant dual compensation (salary offset) waivers on a case-by-case basis, or delegate waiver authority to agencies. The intended effect of these regulations is to more closely mirror the statutory authority and ensure that the Director and her designee(s) possess the full degree of discretion afforded by the statute in making particular decisions. DATES: This rule is effective October 19, 2007. FOR FURTHER INFORMATION CONTACT: Janice Warren, by telephone

(202)606-2367; by fax:

(202)606-2329; by TTY:

(202)418-3134; or e-mail: *janice.warren@opm.gov.* SUPPLEMENTARY INFORMATION: On July 21, 2006, OPM issued proposed regulations at 71 FR 41376 to allow OPM to grant or delegate to agencies the authority to grant dual compensation waivers in situations resulting from emergencies posing an immediate and direct threat to life or property or situations resulting from unusual circumstances that do not involve an emergency. The proposed rule also made changes to the section headings and removed any information concerning military employees (i.e., retired members of the uniformed services). Comments OPM received written comments from three Federal agencies, and four individuals that are pertinent to the proposed changes. A discussion of the comments is provided below. Two agencies suggested OPM add criteria to §§ 553.201(f) and 202 to address situations where agencies need to reemploy individuals for succession planning or knowledge transfer purposes. One individual suggested OPM amend §§ 553.201(f) and 202(b) to establish that an agency's need for sustaining critical competencies in accordance with agency human capital plans constitutes an unusual circumstance. OPM is not adopting the suggestion to amend §§ 553.201(f) and 202(b). OPM seeks to maintain maximum flexibility and discretion in its use of this authority. Agency needs to address gaps in critical competencies or skills, and/or addressing knowledge transfer needs, in and of themselves, will not normally be found to constitute “other unusual circumstances” for purposes of these provisions. We do recognize that examples of what an agency may request under these sections may be helpful. Other unusual circumstances may include, but are not limited to, an agency's need to conform to a Congressional or other mandate to meet a new or expanded mission requirement by a particular date or the need to appoint on a temporary basis an annuitant who possesses a security clearance, authorization, or other similar credential required to perform new or expanded mission-critical work which no other employee could obtain within a reasonable time. We intend to issue supplemental guidance to help an agency determine whether it can demonstrate that these criteria have been met. One of these agencies suggested OPM limit waivers granted on a case-by-case basis or through a delegation of authority to six months when the approval was used to address knowledge transfer. We did not adopt the suggestion to limit waivers to address knowledge transfer to six months because OPM prefers to maintain maximum flexibility and discretion in response to agency knowledge management needs. OPM encourages agencies to follow succession or workforce planning practices, including knowledge management, as part of sound human capital management. One agency asked OPM to clarify the use of the term “temporary basis” as used in § 553.201(c) and (f). The agency commented this term implies that individuals who receive waivers under part 553 may only receive a temporary appointment in conjunction with the waiver. The term “temporary basis” derives from 5 U.S.C. 8344(i)(1)(B) and 8468(f)(1)(B) and reflects the time-limited or non-permanent nature of emergencies or other unusual circumstances for which waivers under this part may be granted. Though agencies typically give temporary appointments to individuals for whom OPM has granted a waiver, agencies may use any appropriate appointing authority, per § 553.201(b)(1), when reemploying individuals. Two individuals were opposed to the changes OPM proposed to part 553. One individual commented the proposed rule would encourage agencies to reemploy annuitants rather than recruit and train new employees to close skills gaps. The other individual commented the proposed rule to broaden authority to re-employ annuitants would increase skills gap deficiencies because agencies will rely disproportionately on this authority in lieu of hiring, training, and developing newer employees. OPM disagrees, noting these provisions are limited to situations involving exceptional recruiting difficulties and emergencies or other unusual circumstances. In addition, salary offset waivers granted under these provisions are not intended to be a substitute for succession planning. Further, use of this authority may be appropriate for knowledge management purposes, which supports the training and development of newer employees. One individual suggested OPM amend §§ 553.201(f) and 202(b) by including information pertaining to retention incentives, as an alternative for people who might otherwise retire and seek reemployment under this part. OPM did not adopt this suggestion because consideration or use of retention incentives is not a prerequisite to seeking salary offset waivers or delegations of authority under this part. For this reason, we do not believe including information on such incentives in §§ 553.201 and 202 is appropriate. Agencies that choose to offer retention incentives prior to consideration of salary-offset waivers can find the applicable provisions in 5 CFR part 575, subpart C. One individual suggested OPM impose a 5-year waiting period from when an individual retires before an agency may reemploy the individual with a salary offset waiver. OPM did not adopt this suggestion because salary offset waivers are intended to address emergency situations, exceptional recruitment difficulties, or other unusual circumstances. A waiting period would inappropriately delay an agency's ability to respond to the particular circumstance for which a waiver or delegation of authority is being sought. One individual suggested that salary offset waivers will allow annuitants to be reemployed as contractors, on the basis of their friendships with officials in the employing agency, under the pretense that no qualified employee is available to perform the work. The provisions in part 553 do not apply to contractors, who are not considered reemployed annuitants for these purposes. OPM also received comments from four Federal agencies, two private organizations, and one individual, which went beyond the scope of the proposed amendments to the regulation. Because these comments were not pertinent to the proposed amendments, OPM is not responding to them. The comments are listed below. Two agencies commented on the issue of delegating salary offset waiver authority to Federal agencies. One of these agencies suggested OPM delegate waiver authority to agency heads for all waivers expected to last less than one year. The other agency suggested OPM provide for re-delegation of OPM-approved waiver authority, from the agency head to components within the agency. This same agency suggested we add language to § 553.203 which states that reemployed annuitants under this part are subject to Social Security tax. This same agency also suggested OPM establish guidelines for agencies to follow when submitting salary offset waiver requests. One agency suggested the final rules allow agencies to waive the salary offset to fill positions on either a full-time, part-time or as-needed work schedule limited to 180 days or less. This same agency suggested the final regulations allow agencies with specific non-annual, but recurring or cyclical work to rehire annuitants with a salary off-set waiver to assist in completing these on-going projects. One agency asked OPM to describe whether use of this authority will result in any costs to the employing agency ( *i.e.* , the agency to which OPM has granted a waiver on a case-by-case basis or delegated authority). One private organization asked whether the proposed rule would have any impact on firefighters hired under the administratively determined pay plan authority initially granted to the Forest Service in 1951. One individual suggested all Federal retirees receive full salary compensation without an offset upon reemployment in the same manner as military retirees. The same individual suggested reemployed annuitants should be allowed to contribute to the Thrift Savings Plan (TSP), without agencies being required to provide matching contributions. An individual suggested OPM provide delegation of waiver authority to members of the Senior Executive Service

(SES)or general military flag officers, in addition to heads of agencies. One individual asked whether OPM would provide a website listing positions, which may be filled by reemployed annuitants with salary, offset waivers. Before filling positions with reemployed annuitants under part 553, agencies must follow the appropriate public notice requirements applicable to the position being filled. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because it affects only certain potential applicants and Federal employees. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 553 Administrative practice and procedure, Government employees, Military personnel, Retirement, and Wages. Office of Personnel Management. Linda M. Springer, Director. Accordingly, OPM is amending 5 CFR part 553 as follows: PART 553—REEMPLOYMENT OF CIVILIAN RETIREES TO MEET EXCEPTIONAL EMPLOYMENT NEEDS 1. The authority citation for part 553 continues to read as follows: Authority: 5 U.S.C. 8344, 8468, Sec. 651, Pub. L. 106-65 (113 Stat. 664). 2. The heading for part 553 is revised as set forth above. Subpart B—Special Provisions for Reemployment Without Penalty To Meet Exceptional Recruiting or Retention Needs 3. Section 553.201 is amended by revising the section heading, paragraphs

(a)and (b)(2), and the introductory text to paragraph (c); removing paragraph (b)(4); redesignating paragraph

(f)as paragraph (g); and adding a new paragraph

(f)to read as follows: § 553.201 Requesting OPM approval for reemployment without reduction or termination of annuity in individual cases.

(a)*Request by agency head.* The head of an agency may request OPM to approve individual exceptions on a case-by-case basis to meet temporary hiring needs based on an emergency or other unusual circumstances or when the agency has encountered exceptional difficulty in recruiting or retaining a qualified candidate for a particular position. Authority to submit such a request may not be redelegated to an official below the agency's headquarters level.

(b)* * *

(2)The request must be submitted in accordance with the criteria set out in paragraphs (c), (d), (e), or

(f)of this section.

(c)*Requests based on an emergency hiring need.* An agency may request reemployment without penalty for an individual whose services are needed on a temporary basis to respond to an emergency involving a direct threat to life or property. Requests submitted on that basis must meet the following criteria:

(f)*Requests based on other unusual circumstances.* An agency may request reemployment without penalty for an individual whose services are needed on a temporary basis due to other unusual circumstances. Agencies must provide justification describing the unusual circumstances. 4. Section 553.202 is amended by revising the section heading and paragraph (b)(1) to read as follows: § 553.202 Request for delegation of authority to approve reemployment without reduction or termination of annuity in emergencies or other unusual circumstances.

(b)* * *

(1)Description of the situations for which authority is requested. The situation must result from emergencies posing immediate and direct threat to life or property or from other unusual circumstances. 5. Section 553.203 is revised to read as follows: § 553.203 Status of individuals serving without reduction. Annuitants reemployed with full salary and annuity under an exception granted in accordance with this part are not considered employees for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code. They may not elect to have retirement contributions withheld from their pay; they may not use any employment for which an exception is granted as a basis for a supplemental or recomputed annuity; and they may not participate in the Thrift Savings Plan. [FR Doc. E7-18377 Filed 9-18-07; 8:45 am] BILLING CODE 6325-39-P FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1600, 1605, 1631, 1651, 1655 and 1690 Employee Contribution Election and Contribution Allocations; Correction of Administrative Errors; Availability of Records; Death Benefits; Loan Program; Thrift Savings Plan AGENCY: Federal Retirement Thrift Investment Board ACTION: Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending the Thrift Savings Plan

(TSP)regulations to provide additional means to verify that an amount is eligible for rollover to the TSP as authorized by the Treasury Regulations interpreting I.R.C. 401(a)(31), to provide that the procedures applicable to an employee who was misclassified as either CSRS or FERS and the retirement system is corrected to FICA also apply to an employee who elects retroactive non-appropriated fund retirement coverage, and to provide that it will authenticate records in a manner consistent with Federal law and regulations. The Agency is also amending the TSP regulations to provide that it will allow a non-spouse beneficiary to transfer a death benefit payment to an inherited IRA as authorized by the Pension Protection Act of 2006, to provide that a bankruptcy court now lacks jurisdiction over a TSP loan as provided in the Bankruptcy Abuse and Consumer Protection Act of 2005, and to eliminate examples of general and special powers of attorney (some of which are no longer acceptable to the Agency) and, instead, direct participants to a sample form at the TSP Web site. DATES: Effective September 19, 2007. FOR FURTHER INFORMATION CONTACT: Megan Graziano on

(202)942-1644. 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. 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 10, 2007, the Agency published proposed rules with request for comments in the **Federal Register** (72 FR 44982). The Agency received one comment which stated that the Agency should accept any power of attorney that is properly executed and verifiable and that the Agency should not encourage the use of general powers of attorney. The Agency agrees and believes that this is consistent with the intent of the proposed rule. The remainder of this comment dealt with matters outside the scope of the proposed rule change. Therefore, the Executive Director is publishing the proposed rules as final without change. 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. 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. 810(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. 814(2). List of Subjects 5 CFR Parts 1600, 1690 Government employees, Pensions, Retirement. 5 CFR Parts 1605, 1651 Claims, Government employees, Pensions, Retirement. 5 CFR Part 1631 Courts, Freedom of information, Government employees. 5 CFR Part 1655 Credit, Government employees, Pensions, Retirement. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Agency is amending 5 CFR chapter VI as follows: PART 1600—EMPLOYEE CONTRIBUTION ELECTIONS AND CONTRIBUTION 1. The authority citation for part 1600 continues to read as follows: Authority: 5 U.S.C. 8351, 8432(a), 8432(b)(1)(A), 8432(j), 8474(b)(5) and (c)(1). 2. Amend § 1600.32 by removing the second sentence of paragraph

(a)and adding two sentences in its place, and revising paragraph (b)(2) to read as follows: § 1600.32 Methods for transferring eligible rollover distribution to TSP.

(a)* * * The administrator or trustee must either complete the appropriate section of the form and forward the completed form and the distribution to the TSP record keeper or the Agency must receive sufficient evidence from which to reasonably conclude that a contribution is a valid rollover contribution. By way of example, sufficient evidence to conclude a contribution is a valid rollover contribution includes a copy of the plan's determination letter, a letter or other statement from the plan indicating that it is an eligible retirement plan, a check indicating that the contribution is a direct rollover or a tax notice from the plan to the participant indicating that the participant could receive a rollover from the plan.

(b)* * *

(2)The administrator or trustee must either complete the appropriate section of the form and forward the completed form and the distribution to the TSP record keeper or the Agency must receive sufficient evidence from which to reasonably conclude that a contribution is a valid rollover contribution. By way of example, sufficient evidence to conclude a contribution is a valid rollover contribution includes a copy of the plan's determination letter, a letter or other statement from the plan indicating that it is an eligible retirement plan, a check indicating that the contribution is a direct rollover or a tax notice from the plan to the participant indicating that the participant could receive a rollover from the plan. PART 1605—CORRECTION OF ADMINISTRATIVE ERRORS 3. The authority citation for part 1605 is revised to read as follows: Authority: 5 U.S.C. 8351, 8432a, and 8474(b)(5)(5) and (c)(1). Subpart B also issued under section 1043(b) of Public Law 104-106, 110 Stat. 186 and sec. 7202(m)(2) of Public Law 101-508, 104 Stat. 1388. 4. Section 1605.14 is amended by revising the third sentence of paragraph (a)(1), revising paragraph (c)(2) and adding paragraph

(e)to read as follows: § 1605.14 Misclassified retirement system coverage.

(a)* * *

(1)* * * If the participant requests a refund of employee contributions, the employing agency must submit a negative adjustment record to remove these funds under the procedure described in § 1605.12.

(c)* * *

(2)Employer contributions in the account are subject to the rules in paragraph (a)(2) of this section.

(e)The provisions of paragraph

(c)of this section shall apply to any TSP contributions relating to a period for which an employee elects retroactive Nonappropriated Fund retirement coverage. PART 1631—AVAILABILITY OF RECORDS 5. The authority citation for part 1631 continues to read as follows: Authority: 5 U.S.C. 552. 6. Add § 1631.34 to read as follows: § 1631.34 Certification and authentication of records.

(a)Upon request, the records custodian or other qualified individual shall authenticate copies of books, records, papers, writings, and documents by attaching a written declaration that complies with current Federal Rules of Evidence. No seal or notarization shall be required. Copies of any books, records, papers, or other documents in the Federal Retirement Thrift Investment Board shall be admitted in evidence equally with the originals thereof when authenticated in this manner.

(b)Fees for copying and certification are set forth in 5 CFR 1630.16. PART 1651—DEATH BENEFITS 7. The authority citation for part 1651 continues to read as follows: Authority: 5 U.S.C. 8424] (d), 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 8474 (c)(1). 8. In § 1651.14, redesignate paragraphs

(g)and

(h)as paragraphs

(h)and (i), and add new paragraph

(g)to read as follows: § 1651.14 How payment is made.

(g)*Payment to inherited IRA on behalf of a non-spouse beneficiary.* If payment is to an inherited IRA on behalf of a non-spouse beneficiary, the check will be made payable to the account. Information pertaining to the inherited IRA must be submitted by the IRA trustee. PART 1655—LOAN PROGRAM 9. The authority citation for part 1655 continues to read as follows: Authority: 5 U.S.C. 8433(g), 8439(a)(3) and 8474. § 1655.14 [Amended] 10. In § 1655.14, the third sentence of paragraph

(a)is removed. § 1655.15 [Amended] 11. In § 1655.15 “or” is added to the end of paragraph (a)(5), a period replaces the semicolon at the end of paragraph (a)(6), “or” is removed from the end of paragraph (a)(6), and paragraph (a)(7) is removed. PART 1690—THRIFT SAVINGS PLANS 12. The authority citation for part 1690 continues to read as follows: Authority: 5 U.S.C. 8474. 13. Amend § 1690.12 by revising the second sentence in paragraph

(b)and the third sentence in paragraph

(c)to read as follows: § 1690.12 Power of attorney.

(b)* * * Additional information regarding general powers of attorney can be accessed at *http://www.tsp.gov.*

(c)* * * Additional information regarding special powers of attorney, as well as a sample form, can be accessed at *http://www.tsp.gov.* [FR Doc. E7-18463 Filed 9-18-07; 8:45 am] BILLING CODE 6760-01-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 12 [CBP Dec. 07-77; USCBP-2007-0075] RIN 1505-AB86 Extension of Import Restrictions Imposed on Archaeological Material from Mali AGENCIES: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. SUMMARY: This document amends U.S. Customs and Border Protection

(CBP)regulations to reflect both continuing and new import restrictions on certain archaeological material from Mali. Import restrictions that were previously imposed by Treasury Decision (T.D.) 97-80 and extended by T.D. 02-55, that are due to expire on September 19, 2007, are extended. The Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has made the requisite determination for the extension of import restrictions that previously existed and for amending the agreement so that it applies also to material from archaeological sites throughout Mali, including those of the Paleolithic Era (Stone Age), necessitating additional subcategories of stone objects in the Designated List. Accordingly, these import restrictions will remain in effect until September 19, 2012, and title 19 of the CBP regulations is being amended to reflect this amended bilateral agreement. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the 1970 Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. This document also contains the amended Designated List of Archaeological Material that describes the articles to which the restrictions apply, including the additional subcategories of stone objects. EFFECTIVE DATE: September 19, 2007. FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, Esq., Chief, Intellectual Property Rights and Restricted Merchandise Branch,

(202)572-8710. For operational aspects, Michael Craig, Chief, Other Government Agencies Branch,

(202)863-6558. SUPPLEMENTARY INFORMATION: Background Pursuant to the provisions of the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention, codified into U.S. law as the Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 *et seq.* ), the United States entered into a bilateral agreement with Mali on September 19, 1997, concerning the imposition of import restrictions on certain archaeological material in Mali from the region of the Niger River Valley and the Bandiagara Escarpment (Cliff). On September 23, 1997, the former United States Customs Service published T.D. 97-80 in the **Federal Register** (62 FR 49594), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions, and included a list designating the types of archaeological material covered by the restrictions. Import restrictions listed in 19 CFR 12.104g(a) are “effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period can be extended for additional periods not to exceed five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists” (19 CFR 12.104g(a)). On September 20, 2002, the former United States Customs Service published T.D. 02-55 in the **Federal Register** (67 FR 59159), which amended 19 CFR 12.104g(a) to reflect the extension of these import restrictions for an additional period of five years until September 19, 2007. Amended Bilateral Agreement Consistent with a request from the Government of the Republic of Mali and with the findings and recommendations of the Cultural Property Advisory Committee, the Acting Assistant Secretary for Educational and Cultural Affairs, United States Department of State, made the requisite Determinations on July 3, 2007, that the cultural heritage of Mali continues to be in jeopardy from pillage that is occurring at archaeological sites throughout the country, and that, therefore, the import restrictions on archaeological material from sites in the region of the Niger River Valley and the Bandiagara Escarpment (Cliff), Mali, which were previously imposed by Treasury Decision (T.D.) 97-80 and extended by T.D. 02-55, are extended for an additional five year period until September 19, 2012, and include subcategories of stone objects from archaeological sites throughout Mali including those dating to the Paleolithic Era (Stone Age). Newly threatened archaeological sites include, but are not limited to those located in and near: The Tilemsi Valley; the Boucle du Baoule; the Bura Band; Tondidarou; Teghaza; Gao; Menaka; Karkarichinkat; Iforas Massif (Adrar des Iforas); Es-Souk; and Kidal. These sites represent a continuum of civilizations from the Paleolithic Era (Stone Age) to the colonial occupation of the 18th century, and lend an archaeological significance to the region. Accordingly, the title of the bilateral agreement was amended to read: “Agreement between the Government of the United States of America and the Government of the Republic of Mali Concerning the Imposition of Import Restrictions on Archaeological Material from Mali from the Paleolithic Era (Stone Age) to approximately the Mid-Eighteenth Century.” By exchange of diplomatic notes the Agreement will be extended and amended. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions on the currently protected cultural property as well as the new subcategories, and sites in the amended bilateral agreement. Amended Designated List The Designated List of articles that are protected pursuant to the bilateral agreement, as amended, on Archaeological Material from Mali from the Paleolithic Era (Stone Age) to approximately the Mid-Eighteenth Century has been revised and is published below. We note that subcategories of objects from archaeological sites of the Paleolithic Era (Stone Age) have been added, pursuant to 19 U.S.C. 2606. It is noted that the material identified in T.D. 97-80 as “Archaeological Material from the Region of the Niger River Valley, Mali and the Bandiagara Escarpment (Cliff), Mali” is now referred to in the Determination to Extend as “Archaeological Material From Mali from the Paleolithic Era (Stone Age) to approximately the Mid-Eighteenth Century.” List of Archaeological Material From Mali From the Paleolithic Era (Stone Age) To Approximately the Mid-Eighteenth Century I. Ceramics/Terra Cotta/Fired Clay Types of ceramic forms (stylistically known as Djenne-jeno or Jenne, Bankoni, Guimbala, Banamba, Bougouni, Bura and other stylistic labels) that are known to come from the region include, but are not limited to: A. Figures/Statues. 1. Anthropomorphic figures, often incised, impressed and with added motifs, such as scarification marks and serpentine patterns on their bodies, often depicting horsemen or individuals sitting, squatting, kneeling, embracing, or in a position of repose, arms elongated the length of the body or crossed over the chest, with the head tipped backwards. (H: 6-50 cm.) 2. Zoomorphic figures, often depicting a snake motif on statuettes or on the belly of globular vases. Sometimes the serpent is coiled in an independent form. A horse motif is common, but is usually mounted. Includes quadrupeds. (H: 6-40 cm.) B. Common Vessels. 1. Funerary jars, ocher in color, often stamped with chevrons. (H: 50 to 80 cm.) 2. Globular vases often stamped with chevrons and serpentine forms. (H: under 10 cm.) 3. Bottles with a long neck and a belly that is either globular or streamlined. Some have lids shaped like a bird's head. 4. Ritual pottery of the Tellem culture, decorated with a characteristic plaited roulette. a. Pot made on a convex mold built up by coiling. b. Hemispherical pot made on three or four legs or feet resting on a stand. (H: 18 cm.) 5. Kitchen pottery of the Tellem culture with the paddle-and-anvil technique decorated with impressions from woven mats. (H: 20 cm.) II. Leather Objects of leather found in Tellem funerary caves of the Bandiagara Escarpment include, but are not limited to: A. Clothing. 1. Sandals often decorated and furnished with a leather ankle protection. 2. Boots profusely painted with geometric designs. 3. Plaited bracelets. 4. Knife-sheaths. 5. Loinskin. 6. Bag. III. Metal Objects of metal from Mali include, but are not limited to: A. Copper and Copper Alloy (Such as Bronze). 1. Figures/Statues. a. Anthropomorphic figures, including equestrian figures and kneeling figures. (Some are miniatures no taller than 2 inches; others range from 6 to 30 inches.) b. Zoomorphic figures, such as the bull and the snake. 2. Bells (4-5 in.) and finger bells (2-3 in.). 3. Pendants, known to depict a bull's head or a snake. (H: 2-4 in.) 4. Bracelets, known to depict a snake (5-6 in.). 5. Bracelets, known to be shaped as a head and antelope (3-4 in.). 6. Finger rings. B. Iron. 1. Figures/Statues. a. Anthropomorphic figures. (H: 5-30 in.) b. Zoomorphic figures, sometimes representing a serpent. (H: 5-30 in.) 2. Headrests of the Tellem culture. 3. Ring-bells or fingerbells of the Tellem culture. 4. Bracelets and armlets of the Tellem culture. 5. Hairpins, twisted and voluted, of the Tellem culture. IV. Stone Objects of stone from Mali include, but are not limited to: A. Carnelian beads (faceted). B. Quartz lip plugs. C. Funerary stelae (headstones) inscribed in Arabic. D. Chipped lithics from the Paleolithic and later eras including axes, knives, scrapers, arrowheads, and cores. E. Ground Stone from the Neolithic and later eras including axes, adzes, pestles, grinders, bracelets. V. Glass Beads A variety of glass beads have been recovered at archaeological sites in Mali. VI. Textiles Textile objects, or fragments thereof, have been recovered in the Tellem funerary caves of the Bandiagara Escarpment and include, but are not limited to: A. Cotton. 1. Tunics. 2. Coifs. 3. Blankets. B. Vegetable Fiber. Skirts, aprons and belts—made of twisted and intricately plaited vegetable fiber. C. Wool. Blankets. VII. Wood Objects of wood may be found archaeologically (in funerary caves of the Tellem or Dogon peoples in the Bandiagara Escarpment, for example). Following are representative examples of wood objects usually found archaeologically: A. Figures/Statues. 1. Anthropomorphic figures—usually with abstract body and arms raised standing on a platform, sometimes kneeling. (H: 10-24 in.) 2. Zoomorphic figures—depicting horses and other animals. (H: 10-24 in.) B. Headrests. C. Household Utensils. 1. Bowls. 2. Spoons—carved and decorated. D. Agricultural/Hunting Implements. 1. Hoes and axes—with either a socketed or tanged shafting without iron blades. 2. Bows—with a notch and a hole at one end and a hole at the other with twisted, untanned leather straps for the “string”. 3. Arrows, quivers. 4. Knife sheaths. E. Musical Instruments. 1. Flutes with end blown, bi-toned. 2. Harps. 3. Drums. More information on import restrictions can be obtained from the International Cultural Property Protection Web site ( *http://exchanges.state.gov/culprop* ). The restrictions on the importation of these archaeological materials from Mali are to continue in effect for an additional 5 years. Importation of such materials continues to be restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. Inapplicability of Notice and Delayed Effective Date This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure (5 U.S.C. 553(a)(1)). For the same reason, a delayed effective date is not required under 5 U.S.C. 553(d)(3). Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. Executive Order 12866 Because this rule involves a foreign affairs function of the United States, it is not subject to Executive Order 12866. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1). List of Subjects in 19 CFR Part 12 Cultural property, Customs duties and inspection, Imports, Prohibited merchandise. Amendment to CBP Regulations For the reasons set forth above, part 12 of Title 19 of the Code of Federal Regulations (19 CFR part 12), is amended as set forth below: PART 12—SPECIAL CLASSES OF MERCHANDISE 1. The general authority citation for part 12 and the specific authority citation for § 12.104g continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624; Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; § 12.104g [Amended] 2A. In § 12.104g(a), the table of the list of agreements imposing import restrictions on described articles of cultural property of State Parties is amended in the entry for Mali by removing the reference to “T.D. 97-80 extended by T.D. 02-55” and adding in its place “CBP Dec. 07-77” in the column headed “Decision No.”. B. In § 12.104g(a), the table of the list of agreements imposing import restrictions on described articles of cultural property of State Parties is amended in the entry for Mali by removing the reference to “Archaeological material from the Niger River Valley Region, Mali, and the Bandiagara Escarpment (Cliff) forming part of the remains of the sub-Sahara culture.” and adding in its place “Archaeological Material from Mali from the Paleolithic Era (Stone Age) to approximately the Mid-Eighteenth Century” in the column headed “Cultural property”. W. Ralph Basham, Commissioner, U.S. Customs and Border Protection. Approved: September 14, 2007. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 07-4659 Filed 9-19-07; 8:45 am]

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