Unknown. Final rule

3,731 words·~17 min read·/register/2010/02/26/2010-3917

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-2010-02-26.xml --- 75 38 Friday, February 26, 2010 Contents Agriculture Agriculture Department See Federal Crop Insurance Corporation See Forest Service See Natural Resources Conservation Service See Rural Housing Service See Rural Utilities Service Air Force Air Force Department NOTICES Meetings: Interface Control Working Group; Teleconference, 8928 2010-3645 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency Forms Undergoing Paperwork Reduction Act Review, 8955 2010-4001 Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8956-8957 2010-3999 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8955-8956 2010-4020 Meetings: Calendar Year 2010 Requests for Revisions to the Healthcare Common Procedure Coding System Coding and Payment Determinations, 8971-8974 2010-3722 Medicare Evidence Development and Coverage Advisory Committee, 8980-8981 2010-3724 Request for Nominations:

Medicare Evidence Development & Coverage Advisory Committee Members, 8982-8983 2010-4019 Coast Guard Coast Guard RULES Safety Zones: NASSCO Launchin of USNS Charles Drew, San Diego Bay, San Diego, CA, 8804-8806 2010-3964 Commerce Commerce Department See Economic Development Administration See Economics and Statistics Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 2010-3944 8926-8927 2010-3943 Defense Defense Department See Air Force Department NOTICES Autism Services Demonstration Project for TRICARE Beneficiaries Under the Extended Care Health Option, 8927-8928 2010-3990 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 8923-8925 2010-3962 Economics Economics and Statistics Administration NOTICES Meetings:

Bureau of Economic Analysis Advisory Committee, 8922 2010-3985 Education Education Department PROPOSED RULES Teacher Incentive Fund Program, 8854-8871 2010-3963 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8928-8930 2010-3690 2010-4004 Applications for New Awards (FY 2010): Native Hawaiian Education Program - Competition for Novice Applicants, 8930-8934 2010-4058 Employee Employee Benefits Security Administration RULES Civil Penalties under ERISA Section 502(c)(8), 8796-8804 2010-4005 EPA Environmental Protection Agency RULES Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories:

Arizona, Maricopa County Air Quality Department; Nevada, Nevada Division of Environmental Protection, Washoe County District Health Department, 8807-8813 2010-4079 PROPOSED RULES Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Ohio; Indiana; Redesignation of the Ohio and Indiana Portions of the Cincinnati-Hamilton Area to Attainment for Ozone, 8871-8888 2010-3680 Delegation of National Emission Standards for Hazardous Air Pollutants for Source Categories:

Arizona, Maricopa County Air Quality Department; Nevada, Nevada Division of Environmental Protection, Washoe County District Health Department, 8888-8889 2010-4077 Hydrogen Sulfide; Community Right-to-Know Toxic Chemical Release Reporting, 8889-8894 2010-4084 NOTICES Call for Information: Integrated Science Assessment for Lead (Pb), 8934-8935 2010-3970 Environmental Impact Statements; Availability, etc.: Availability of EPA Comments, 8935-8936 2010-4021 Weekly Receipt, 8936-8937 2010-4010 Meetings:

Development of a Relative Potency Factor Approach for Polycyclic Aromatic Hydrocarbon Mixtures; Listening Session, 8937-8939 2010-4082 Pesticide Products; Registration Applications, 8939-8942 2010-3857 Product Cancellation Order for Certain Pesticide Registrations: Maneb, 8942-8943 2010-4083 Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act (of 2009): Inland Empire Utilities Agency, California, 8943-8944 2010-4073 Executive Office of the President See Science and Technology Policy Office FAA Federal Aviation Administration NOTICES Draft Environmental Assessment:

Proposed Airport Traffic Control Tower and Base Building, Kalamazoo/Battle Creek International Airport, Portage City, MI, 9014-9015 2010-3936 Final Environmental Assessment and Finding of No Significant Impact Record of Decision: New Airport Traffic Control Tower and Base Building at Cherry Capital Airport, Traverse City, MI, 9015-9016 2010-3924 Meetings: RTCA Program Management Committee, 9017 2010-4024 RTCA Special Committee 135; Environmental Conditions and Test Procedures for Airborne Equipment, 9016 2010-3939 RTCA Special Committee 221;

Aircraft Secondary Barriers and Alternative Flight Deck Security Procedures, 9016-9017 2010-4027 Orders Limiting Scheduled Operations: John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport; High Density Rule at Reagan National Airport, 9017-9018 2010-3958 FBI Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8994-8995 2010-4043 2010-4050 Federal Crop Federal Crop Insurance Corporation NOTICES Funding Opportunity:

Commodity Partnerships for Small Agricultural Risk Management Education Sessions (Commodity Partnerships Small Sessions Program), 8909-8916 2010-3975 Crop Insurance Education in Targeted States (Targeted States Program), 8902-8909 2010-3974 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 8814-8817 2010-4070 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Cook County, IL, 9015 2010-3783 Federal Housing Federal Housing Finance Agency PROPOSED RULES 2010-2011 Enterprise Affordable Housing Goals;

Enterprise Book-entry Procedures, 9034-9072 2010-3310 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 9018 2010-3949 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 8944-8945 2010-3992 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities, 8945 2010-3991 Federal Retirement Federal Retirement Thrift Investment Board RULES Availability of Records, 8795-8796 2010-3917 FTC Federal Trade Commission NOTICES Granting of Request for Early Termination of the Waiting Period under the Premerger Notification Rules, 8945-8947 2010-3590 Proposed Consent Agreement:

M. Catherine Higgins; Analysis of Agreement Containing Consent Order to Aid Public Comment, 8947-8952 2010-4045 Financial Crisis Financial Crisis Inquiry Commission NOTICES Meetings: Financial Crisis Inquiry Commission, 9084 2010-4218 Fish Fish and Wildlife Service NOTICES Meetings: North American Wetlands Conservation Council; Neotropical Migratory Bird Conservation Advisory Group, 8989-8990 2010-4012 Food Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Mental Models Study of Recruitment and Retention of Pregnant Women Into An Asthma Pregnancy Registry, 8957-8959 2010-3912 Reporting and Recordkeeping Requirements and Availability of Sample Electronic Products for Manufacturers and Distributors of Electronic Products, 8963-8966 2010-4002 Substances Prohibited From Use in Animal Food or Feed; Animal Proteins Prohibited in Ruminant Feed, 8959-8960 2010-3911 Third Party Disclosure and Recordkeeping Requirements for Reportable Food, 8960-8963 2010-4003 Draft Guidance for Industry:

Adaptive Design Clinical Trials for Drugs and Biologics; Availability, 8968-8970 2010-3980 Guidance for Industry on Submission of Documentation: Applications for Parametric Release of Human and Veterinary Drug Products Terminally Sterilized by Moist Heat Processes, 8970-8971 2010-3978 Foreign Foreign-Trade Zones Board NOTICES Approvals for Subzone Expansion and Expanded Manufacturing Authority: Foreign-Trade Subzone 119B; Uponor, Inc. (Polyethylene Tubing), Apple Valley, MN, 8918-8919 2010-4052 Grant of Authority for Subzone Status:

Brightpoint North America L.P. (Cell Phone Kitting and Distribution), Indianapolis, IN, 8921 2010-4047 Danisco USA, Inc., Sweeteners Division (Xylitol, Xylose, Galactose and Mannose), Thomson, IL, 8920 2010-4078 IKEA Distribution Services (Distribution of Home Furnishings and Accessories), Baltimore, MD, 8920 2010-4049 Grant of Authority; Establishment of a Foreign-Trade Zone: Kern County, CA, 8920-8921 2010-4051 Reorganization of Foreign-Trade Zone 274 under Alternative Site Framework City and County of Butte-Silver Bow, MT, 8923 2010-4054 Forest Forest Service NOTICES Meetings:

Glenn/Colusa County Resource Advisory Committee, 8916-8917 2010-3649 Ketchikan Resource Advisory Committee, 8916 2010-3782 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8952-8953 2010-3981 2010-3982 Meetings: HIT Policy Committee Advisory, 8953-8954 2010-4041 HIT Standards Advisory Committee, 8954-8955 2010-4069 Health Health Resources and Services Administration NOTICES Discretionary Grant Program, 8966-8968 2010-3886 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Employee Questionnaire and Complaint Intake, 8985 2010-4009 Housing Counseling Outcomes Study, 8983-8984 2010-4007 Semi-annual Labor Standards Enforcement Report, 8984 2010-4008 Federal Property Suitable as Facilities to Assist the Homeless, 8985-8986 2010-3606 Indian Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Campo Regional Landfill Project on the Campo Indian Reservation, San Diego County, CA, 8986-8988 2010-4113 Industry Industry and Security Bureau NOTICES Action Affecting Export Privileges:

Afshin Rezaei, 8917-8918 2010-3994 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Use of Controlled Corporations To Avoid the Application of Section 304; Correction, 8796 2010-3927 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9023-9028 2010-3923 2010-3925 2010-3928 2010-3930 2010-3932 2010-3934 2010-3941 2010-3942 Open Season for Recruitment:

Taxpayer Advocacy Panel Members, 9028 2010-3920 Quarterly Publication of Individuals, Who have Chosen to Expatriate, as Required by Section (6039G), 9028-9031 2010-3921 International International Trade Administration NOTICES Meetings: Civil Nuclear Trade Advisory Committee, 8922-8923 2010-3940 Preliminary Results of Antidumping Duty Changed Circumstances Review: Pressure Sensitive Plastic Tape from Italy, 8925-8926 2010-4072 International International Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8991-8993 2010-3957 Justice Justice Department See Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8993-8994 2010-4048 Certification of the Attorney General: Williamson County, TX, 8994 2010-3998 Lodging of Consent Decree under Clean Air Act, 8994 2010-3905 Labor Labor Department See Employee Benefits Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8995-8996 2010-4016 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8986 2010-3937 Meetings: Northwest Colorado Resource Advisory Council Subgroup for McInnis Canyons National Conservation Area, 8990 2010-4026 Proposed Withdrawal and Opportunity for Public Meeting; California, 8990-8991 2010-3997 Maritime Maritime Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9014 2010-3954 Requested Administrative Waiver of the Coastwise Trade Laws, 9020-9022 2010-3952 2010-3953 2010-3950 2010-3951 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8996-8997 2010-3895 Meetings: NASA Advisory Council; Science Committee; Earth Science Subcommittee, 8997 2010-3899 National Environmental Policy Act: Wallops Flight Facility Shoreline Restoration and Infrastructure Protection Program, 8997-8999 2010-3896 National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision that Nonconforming 2009 AL Spaw EMA Mobile Stage Trailers are Eligible for Importation, 9019-9020 2010-3967 NIH National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 8977-8980 2010-3908 2010-3909 2010-3910 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 8974, 8978-8979 2010-3931 2010-3933 2010-4081 2010-3926 National Eye Institute, 8971 2010-3784 National Human Genome Research Institute, 8977 2010-3913 2010-3914 National Institute of Allergy and Infectious Diseases, 8975-8976 2010-3919 National Institute of Dental and Craniofacial Research, 8976 2010-3918 National Institute of Environmental Health Sciences, 8976 2010-3916 National Institute of General Medical Sciences, 8975, 8979 2010-3922 2010-3929 Office of the Director, National Institutes of Health, 8974-8977 2010-3915 2010-4080 Prospective Grants of Exclusive License:

Treatment of Glaucoma by Administration of Adenosine A3 Antagonists, 8981-8982 2010-3907 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Reopening of the Gulf Group King Mackerel East Coast Subzone, 8819 2010-4014 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Jig or Hook-and-Line Gear, etc., 8841 2010-4011 Pacific Cod by Catcher/Processors Using Pot Gear in the Bering Sea and Aleutian Islands Management Area, 8840 2010-4018 Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing, etc., 8841-8842 2010-4015 Pacific Cod by Vessels Catching Pacific Cod for Processing by Offshore Component, etc., 8839-8840 2010-4013 Magnuson-Stevens Act Provisions;

Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments, 8820-8839 2010-3892 NOTICES Federal Consistency Appeal: Pan American Grain Co., 8919 2010-4076 Incidental Taking of Marine Mammals: Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 8921-8922 2010-4074 Meetings: Mid-Atlantic Fishery Management Council, 8923 2010-4017 National Park National Park Service RULES Areas of the National Park System, National Capital Region;

Correction, 8806-8807 2010-3337 NOTICES Environmental Impact Statements; Availability, etc.: Disposition of Bureau of Mines Property, Twin Cities Research Center Main Campus, Hennepin County, MN, 8988 2010-4030 Yosemite Institute Environmental Education Campus, Yosemite National Park, Mariposa and Tuolumne Counties, CA, 8988-8989 2010-4033 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8999-9000 2010-3977 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Science Foundation Proposal/Award Information - Grant Proposal Guide, 9000-9001 2010-4000 Meetings: Advisory Committee for Environmental Research and Education, 9001 2010-3972 Proposal Review Panel for Materials Research, 9001 2010-3976 NRCS Natural Resources Conservation Service NOTICES Meetings: Agricultural Air Quality Task Force, 8917 2010-3996 Navajo Navajo and Hopi Indian Relocation Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Relocation Benefits under the Navajo and Hopi Indian Settlement Act, 9001-9002 2010-3979 Nuclear Nuclear Regulatory Commission PROPOSED RULES Receipt of Petition for Rulemaking: Sherwood Martinelli, 8843-8844 2010-3989 NOTICES Draft Regulatory Guide; Issuance, Availability, 9002-9003 2010-3971 Office Office of the Special Counsel NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9003-9004 2010-3987 Overseas Overseas Private Investment Corporation NOTICES Meetings;

Sunshine Act, 2010-4103 9004-9005 2010-4105 2010-4106 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Random Drug Testing Rate, 9018-9019 2010-3966 Postal Postal Regulatory Commission NOTICES New Postal Product, 9005 2010-3906 Rural Rural Housing Service NOTICES Funding Availability for Loan Guarantees under Section 538 Guaranteed Rural Rental Housing Program, 8896-8902 2010-3959 RUS Rural Utilities Service NOTICES Environmental Impact Statements;

Availability, etc.: Basin Electric Power Cooperative; Deer Creek Station, 8895-8896 2010-3986 Science Science and Technology Policy Office NOTICES Meetings: National Science and Technology Council; Risk Management Methods and Ethical, Legal, and Societal Implications of Nanotechnology, 9007-9008 2010-4037 President's Council of Advisors on Science and Technology, 9006-9007 2010-3607 SEC Securities and Exchange Commission RULES Internet Availability of Proxy Materials, 9074-9081 2010-3891 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 9008-9009 2010-3945 NASDAQ OMX PHLX, Inc., 9010-9012 2010-3947 New York Stock Exchange LLC, 9009-9010 2010-3946 SBA Small Business Administration NOTICES Disaster Declarations: Maryland, 9005-9006 2010-3955 Virginia, 9006 2010-3956 Social Social Security Administration NOTICES Privacy Act; Computer Matching Program: SSA/Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement (Match #1306), 9012-9013 2010-3901 Special Special Counsel Office See Office of the Special Counsel State State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Emergency Loan Application and Evacuation Documentation, 9013 2010-4022 Culturally Significant Objects Imported for Exhibition Determinations: Vienna Circa 1780: An Imperial Silver Service Rediscovered, 9013-9014 2010-4153 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Prevention National Advisory Council; Cancellation, 8978 2010-3903 Surface Surface Transportation Board RULES Annual Submission of Tax Information for Use in the Revenue Shortfall Allocation Method, 8817-8818 2010-3969 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service PROPOSED RULES Reports of Foreign Financial Accounts:

Amendment to Bank Secrecy Act Regulations, 8844-8854 2010-4042 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9022-9023 2010-3948 Separate Parts In This Issue Part II Federal Housing Finance Agency, 9034-9072 2010-3310 Part III Securities and Exchange Commission, 9074-9081 2010-3891 Part IV Financial Crisis Inquiry Commission, 9084 2010-4218 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 38 Friday, February 26, 2010 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1631 Availability of Records AGENCY: Federal Retirement Thrift Investment Board. ACTION: Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending its regulations on availability of records to establish the manner of service for administrative subpoenas issued by the Agency and to delegate authority to the Agency's General Counsel to issue administrative subpoenas.

These changes implement section 107 of the Thrift Savings Plan Enhancement Act of 2009, which gave the Agency authority to issue subpoenas duces tecum in order to carry out the Agency's functions. DATES: This final rule is effective February 26, 2010. FOR FURTHER INFORMATION CONTACT: Laurissa Stokes at 202-942-1645. SUPPLEMENTARY INFORMATION: The Agency administers the Thrift Savings Plan (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)). This regulation was published in proposed form on January 19, 2010 (75 FR 2822). No comments were received.

Issuance of Subpoenas Section 107 of the Thrift Savings Plan Enhancement Act of 2009 (“the Act”), Public Law 111-31 (123 Stat. 1776, 1853)(codified at 5 U.S.C. 8480) authorizes the Agency to issue administrative subpoenas to compel production of designated books, documents, records, electronically stored information, or tangible things. The Agency, like other financial institutions, has been the subject of fraudulent withdrawals from its participants' accounts. The Agency anticipates using its subpoena authority to obtain information necessary to prevent or investigate fraudulent or otherwise improper routing of participants' money to financial institutions.

The Agency, therefore, needs an expeditious means to obtain information from financial institutions to which participants' money is transferred. Prompt action and cooperation from financial institutions is the best way to recover or deter fraudulent or improper routing of participants' money. This regulation provides three means by which the Agency may serve an administrative subpoena:

(1)Certified or registered mail, return receipt requested,

(2)fax or electronic transmission, provided the subpoenaed party gives prior approval, or

(3)personal delivery at the principal place of business or the last known residential address of the subpoenaed party. This regulation also delegates authority to the General Counsel to issue administrative subpoenas. Allowing the use of several alternative means to accomplish service is intended to facilitate expeditious cooperation between the Agency and financial institutions in an effort to prevent or investigate fraudulent withdrawals and transfers. Delegation to the General Counsel of the authority to issue administrative subpoenas is intended to expedite the issuances of subpoenas, *e.g.* by removing the need for the staff of the Office of General Counsel to seek Executive Director approval for issuances that are routine or urgent. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect Federal employees and members of the uniformed services who participate in the Thrift Savings Plan, which is a Federal defined contribution retirement savings plan created under the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514, and which is administered by the Agency. Although it will also occasionally require financial institutions to provide information, such entities rarely constitute small entities. Additionally, this regulation provides the Agency with no new authority; it merely provides guidance on existing statutory authority. 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 section 1532 is not required. Submission to Congress and the General Accounting 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. 804(2). List of Subjects in 5 CFR Part 1631 Government employees, Courts, Freedom of information. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons stated in the preamble, the Agency amends 5 CFR chapter VI as follows: PART 1631—AVAILABILITY OF RECORDS 1. Remove the existing authority citation for part 1631. Subpart A—[Amended] 2. Add an authority citation to subpart A of part 1631 to read as follows: Authority: 5 U.S.C. 552. Subpart B—[Amended] 3. Add an authority citation to subpart B of part 1631 to read as follows: Authority: 5 U.S.C. 552. 4. Add subpart C to subpart 1631 to read as follows: Subpart C—Administrative Subpoenas Sec. 1631.40 Subpoena authority. 1631.41 Production of records. 1631.42 Service. 1631.43 Enforcement. Authority: 5 U.S.C. 8480. Subpart C—Administrative Subpoenas § 1631.40 Subpoena authority. The Executive Director or General Counsel may issue subpoenas pursuant to 5 U.S.C. 8480. The General Counsel may delegate this authority to a Deputy General Counsel, Associate General Counsel, or Assistant General Counsel. § 1631.41 Production of records. A subpoena may require the production of designated books, documents, records, electronically stored information, or tangible materials in the possession or control of the subpoenaed party when the individual signing the subpoena has determined that production is necessary to carry out any of the Agency's functions. § 1631.42 Service.

(a)*Return of service.* Each subpoena shall be accompanied by a Return of Service certificate stating the date and manner of service and the names of the persons served.

(b)*Methods of service.* Subpoenas shall be served by one of the following methods:

(1)Certified or registered mail, return receipt requested to the principal place of business or the last known residential address of the subpoenaed party.

(2)Fax or electronic transmission to the subpoenaed party or the subpoenaed party's counsel, provided the subpoenaed party gives prior approval.

(3)Personal delivery at the principal place of business or residence of the subpoenaed party during normal business hours. § 1631.43 Enforcement. Upon the failure of any party to comply with a subpoena, the General Counsel shall request that the Attorney General seek enforcement of the subpoena in the appropriate United States district court. [FR Doc. 2010-3917 Filed 2-25-10; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

statutes-at-large