Unknown. Final rule

4,097 words·~19 min read·/register/2010/07/27/2010-18346

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-2010-07-27.xml --- 75 143 Tuesday, July 27, 2010 Contents Agriculture Agriculture Department See Forest Service See National Agricultural Statistics Service See Rural Utilities Service Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 43916-43917 2010-18479 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43984-43988 2010-18274 2010-18288 2010-18290 2010-18396 2010-18397 Meetings:

Advisory Committee on Immunization Practices, 43995 2010-18403 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Correction, 43993 2010-18401 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ADP & Services Conditions for FFP for ACF, 43988-43989 2010-18343 Coast Guard Coast Guard RULES Safety Zones: Annual Firework Displays within the Captain of the Port, Puget Sound Area of Responsibility;

Correction, 43821 2010-18267 DEEPWATER HORIZON Response Staging Area in the Vicinity of Shell Beach, Hopedale, LA, 43821-43823 2010-18306 Heeia Kea Small Boat Harbor, Kaneohe Bay, Oahu, HI, 43823-43825 2010-18268 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43917 2010-18295 Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 43941 2010-18488 2010-18491 2010-18493 2010-18494 Community Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44053-44054 2010-18372 Consumer Consumer Product Safety Commission NOTICES Technological Feasibility of 100 ppm for Lead Content: Children's Products Containing Lead, 43942-43943 2010-18361 Copyright Copyright Office, Library of Congress RULES Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 43825-43839 2010-18339 Defense Defense Department See Defense Logistics Agency NOTICES Meetings:

Defense Science Board; Task Force on Counter Insurgency Intelligence, Surveillance and Reconnaissance Operations, 43943 2010-18316 Defense Science Board; Task Force on Nuclear Treaty Monitoring and Verification, 43943 2010-18315 Defense Science Board; Task Force on Trends and Implications of Climate Change, 43944 2010-18317 Defense Defense Logistics Agency NOTICES Membership of the Senior Executive Service Performance Review Board, 43944 2010-18200 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, 43930-43931 2010-18333 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43944-43945 2010-18374 Applications for New Awards for Fiscal Year 2010: Promoting Postbaccalaureate Opportunities for Hispanic Americans (PPOHA) Program, 44058-44062 2010-18355 Final Requirements: Promoting Postbaccalaureate Opportunities for Hispanic Americans Program, 44056-44057 2010-18352 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation, 43945-43955 2010-18357 Energy Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43955 2010-18353 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Proposed Change of Disclosure Information from Protected to Public, 43956 2010-18356 EPA Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Implementation Plans: New York; Prevention of Significant Deterioration of Air Quality and Nonattainment New Source Review, 43892-43897 2010-18365 Proposed Confidentiality Determinations:

Data Required under the Mandatory Greenhouse Reporting Rule, 43889-43892 2010-18229 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 8-Hour Ozone National Ambient Air Quality Standard Implementation Rule, 43973-43974 2010-18369 Compliance Assurance Monitoring Program, 43969-43970 2010-18366 NESHAP for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, 43970-43971 2010-18382 NESHAP for Gasoline Distribution Facilities, 43971-43972 2010-18379 NSPS for Sewage Sludge Treatment Plant Incineration, 43972-43973 2010-18376 Procedures for Implementing the National Environmental Policy Act, etc., 43974-43975 2010-18367 California State Motor Vehicle and Nonroad Engine Pollution Control Standards:

Truck Idling Requirements, 43975-43979 2010-18362 Deteminations: Massachusetts Marine Sanitation Device Standard, 43979-43981 2010-18363 Meetings: SAB Trichloroethylene Review Panel, 43981 2010-18364 Rescision of Previously Issued Order and Issuance of Revised Cancellation Order for Certain Pesticide Registrations: Methyl Parathion, 43981-43983 2010-18380 FAA Federal Aviation Administration RULES Airworthiness Directives: Eurocopter France

(ECF)Model EC225LP Helicopters, 43801-43803 2010-17757 Piper Aircraft, Inc. PA-28, PA-32, PA-34, and PA-44 Series Airplanes, 43809-43813 2010-18012 The Boeing Company Model 737-100, et al., Series Airplanes, 43803-43807 2010-18009 Zaklad Szybowcowy, Jezow Henryk Mynarski Model PW-6U Sailplanes, 43807-43809 2010-17924 Amendment of Class D Airspace: Goldsboro, NC, 43814-43815 2010-18264 Amendment of Class E Airspace and Establishment of Class E Airspace: Clemson, SC and Pickens, SC, 43815-43816 2010-18263 Amendment of Class E Airspace: Mount Airy, NC, 43816-43817 2010-17948 Smithfield, NC, 43817 2010-17950 Amendment of VOR Federal Airways V-50, V-251, and V-313: Decatur, IL Vicinity, 43818 2010-17947 Modification of VOR Federal Airways V-82, V-175, V-191, and V-430: Vicinity of Bemidji, MN, 43813-43814 2010-17953 Revocation of Class D and E Airspace: Panama City, FL, 43818-43819 2010-18262 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Model CL 600 2C10 (Regional Jet Series 700, 701, & 702); et al., 43882-43884 2010-18291 Dassault Aviation Model Falcon 10 Airplanes, et al., 43878-43881 2010-18292 Fokker Services B.V. Model F.28 Mark 0100 Airplanes, 43876-43878 2010-18399 Proposed Amendment of Class E Airspace: Boonville, MO, 43887-43888 2010-18260 Corpus Christi, TX, 43886-43887 2010-18261 Kaiser/Lake Ozark, MO, 43885-43886 2010-18259 Searcy, AR, 43884-43885 2010-18257 NOTICES Noise Exposure Map Acceptance, 44046-44047 2010-17979 Passenger Facility Charge Approvals and Disapprovals, 44047-44049 2010-17982 FCC Federal Communications Commission PROPOSED RULES FM Table Of Allotments: Grants Pass, OR, 43897-43898 2010-18265 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 43983 2010-18150 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Form for Single Residential Lot or Structure Amendments to National Flood Insurance Program Maps, 44001-44002 2010-18325 Approval and Coordination of Requirements to Use the NETC Extracurricular for Training Activities, 43996-43997 2010-18326 Community Rating System

(CRS)Program - Application Worksheets and Commentary, 43998 2010-18335 FEMA Mitigation Best Practices Portfolio, 44000-44001 2010-18329 FEMA/EMI Independent Study Course Enrollment and Test Answer Sheet, 43995-43996 2010-18323 National Flood Insurance Program - Claim Forms, 44002 2010-18324 Revision to National Flood Insurance Program Maps: Application Forms for LOMRs and CLOMRs, 43998-44000 2010-18330 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: 5440 Hydro Inc, 43956-43957 2010-18281 Gloversville, NY, 43957-43958 2010-18286 Hydrodynamics, Inc., 43958 2010-18284 Northern California Power Agency, 43959-43960 2010-18275 Turlock Irrigation District; Modesto Irrigation District, 43958-43959 2010-18280 Combined Filings, 43960-43963 2010-18310 2010-18311 Commissioner and Staff Attendances: National Association of Regulatory Utility Commissioners Summer Committee Meetings, 43963 2010-18285 Compliance Filings: DCP Guadalupe Pipeline, LLC, 43963-43964 2010-18279 Enterprise Alabama Intrastate, LLC, 43964 2010-18287 Regency Intrastate Gas LP, 43963 2010-18282 Environmental Assessments; Availability, etc,: South Carolina Electric and Gas Co., South Carolina, 43964 2010-18283 Environmental Impact Statements; Availability, etc.: New Jersey - New York Expansion Project, 43965-43967 2010-18276 Filings: Mahvash Yazdi, 43968 2010-18277 Public Service Company of Colorado, 43967-43968 2010-18278 Initial Market-Based Rate Filings with Blanket Section 204 Authorization Requests: REP Energy LLC, 43968-43969 2010-18309 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements: National Summaries of Rescinded Intent, 44044-44046 2010-18318 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 44049-44050 2010-18308 Qualification of Drivers; Exemption Applications; Vision, 44050-44051 2010-18307 Federal Railroad Federal Railroad Administration RULES Hazardous Material Transportation Laws and Regulations Violations: Inflation Adjustment of the Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties, 43840-43844 2010-18321 NOTICES Meetings: Railroad Safety Advisory Committee, 44046 2010-18320 Resolicitation of Applications: Railroad Safety Technology Program Grant Program, 44051-44053 2010-18266 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisition of Shares of Bank or Bank Holding Companies, 43983 2010-18342 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 43983-43984 2010-18341 Federal Retirement Federal Retirement Thrift Investment Board RULES Employee Contribution Elections and Contribution Allocations, 43799-43800 2010-18346 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Determination of Medium Tree-Finch (Camarhynchus Pauper) as Endangered Throughout Its Range, 43853-43864 2010-18025 Determination on Listing the Black-Breasted Puffleg as Endangered Throughout its Range, 43844-43853 2010-18018 NOTICES Letters of Authorization to Take Marine Mammals, 44010-44011 2010-18394 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pet Event Tracking Network—State, Federal Cooperation to Prevent Spread of Pet Food Related Diseases, 43990-43992 2010-18303 Sample Collection Plan for Dogs Treated With Slentrol, 43989-43990 2010-18304 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Proposed Boardman to Hemingway 500 Kilvolt Transmission Line Project, 44008-44010 2010-18220 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Interdisciplinary, Community-Based Linkages, 43993-43994 2010-18258 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assessment of Consumer Protection Gaps for Home Equity Conversion Mortgage Borrowers, 44004 2010-18414 Capital Advance Section 811 Grant Application for Supportive Housing for Persons with Disabilities, 44005 2010-18415 Capital Fund Education and Training Community Facilities, 44005-44006 2010-18417 Financial Standards for Housing Agency-Owned Insurance Entities, 44003 2010-18400 HUD-Owned Real Estate - Sales Contract and Addendums (HUD Programs), 44006-44007 2010-18412 Mortgagees Application for Partial Settlement; Multifamily Mortgage, 44003-44004 2010-18402 Veterans Homelessness Prevention Demonstration Program: Fiscal Year 2009 Implementation, 44007 2010-18420 Indian Indian Affairs Bureau NOTICES Liquor Ordinance of the Wichita and Affiliated Tribes, 44011-44015 2010-18319 Industry Industry and Security Bureau RULES Clarification of Grace Period for Encryption Registration Requirement, 43819-43821 2010-18360 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Implementation of Tariff Rate Quota for Imports of Certain Worsted Wool, 43917-43918 2010-18345 Consolidated Decision on Applications for Duty-Free Entry of Electron Microscopes: National Center for Toxicological Research, et al., 43918 2010-18390 Energy and Infrastructure Mission to Saudi Arabia: Third Stop Added to the Trade Mission Itinerary, 43919-43921 2010-17742 Final Results of Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from Taiwan, 43921-43922 2010-18391 Preliminary Results of Full Sunset Review: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil, 43931-43933 2010-18392 The Americas Business Trade Mission to Mexico, 43939-43941 2010-18273 International International Trade Commission NOTICES Investigations: Certain Semiconductor Products Made By Advanced Lithography Techniques and Products Containing Same, 44015-44016 2010-18272 Labor Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44016-44017 2010-18349 2010-18350 2010-18351 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44007-44008 2010-18395 Environmental Impact Statements; Availability, etc.: Proposed Boardman to Hemingway 500 Kilvolt Transmission Line Project, 44008-44010 2010-18220 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 44018-44020 2010-18579 Library Library of Congress See Copyright Office, Library of Congress National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43915 2010-18296 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 44020 2010-18504 2010-18506 National Institute National Institute of Standards and Technology NOTICES Request for Nominations for Members: National Institute of Standards and Technology Federal Advisory Committees, 43933-43939 2010-18378 NIH National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 43992-43993 2010-17446 Meetings: Center for Scientific Review, 43994 2010-18387 National Center for Complementary and Alternative Medicine, 43994-43995 2010-18386 National Institute of Biomedical Imaging and Bioengineering, 43993 2010-18385 National Institute on Aging, 43995 2010-18384 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: Atlantic Highly Migratory Species Advisory Panel, 43928 2010-18393 New England Fishery Management Council, 43928-43929 2010-18327 2010-18328 National Weather Service Strategic Plan, 2011-2020, 43929-43930 2010-18383 Nuclear Nuclear Regulatory Commission PROPOSED RULES Licenses, Certifications, and Approvals for Material Licensees, 43865-43876 2010-18344 NOTICES Applications, Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 44020-44028 2010-18078 Meetings; Sunshine Act, 44028 2010-18482 Patent Patent and Trademark Office NOTICES Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos, 43922-43928 2010-18424 Pension Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Payment of Premiums, 44028-44029 2010-18302 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials Transportation: Revisions of Special Permits Procedures, 43898-43906 2010-18142 Requirements for the Storage of Explosives During Transportaion: Hazardous Materials, 43906-43914 2010-18368 Postal Postal Regulatory Commission NOTICES New Postal Product, 44029-44030 2010-18314 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44030-44031 2010-18271 RUS Rural Utilities Service NOTICES Records of Decision; Availability: Basin Electric Power Cooperative; Deer Creek Station, 43915-43916 2010-18294 SEC Securities and Exchange Commission NOTICES Applications: Goldman, Sachs & Co., et al., 44031-44033 2010-18313 Meetings; Sunshine Act, 44033 2010-18451 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 44033-44037 2010-18301 NASDAQ Stock Market LLC, 44037-44040 2010-18404 New York Stock Exchange LLC, 44042-44044 2010-18409 NYSE Amex LLC, 44040-44042 2010-18408 Statistical Reporting Service See National Agricultural Statistics Service Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transportation Entry and Manifest of Goods Subject to CBP Inspection and Permit, 43997-43998 2010-18388 Separate Parts In This Issue Part II Education Department, 44056-44062 2010-18355 2010-18352 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. 75 143 Tuesday, July 27, 2010 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1600 Employee Contribution Elections and Contribution Allocations AGENCY: Federal Retirement Thrift Investment Board. ACTION: Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending its regulations at 5 CFR part 1600. These changes implement the Agency's automatic enrollment program as authorized by the Thrift Savings Plan Enhancement Act of 2009. DATES: This rule is effective August 1, 2010. FOR FURTHER INFORMATION CONTACT: Megan G. Grumbine at 202-942-1644 or 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)). On June 17, 2010, the Agency published a proposed rule with request for comments in the **Federal Register** (75 FR 34388, June 17, 2010). The Agency received comments from one Federal employees' union, three participants, and one other party. The Federal employees' union endorsed the proposed changes. The union, however, expressed concern that employing agencies may fail to provide clear and timely notice to newly hired or rehired employees regarding their rights and obligations under the Agency's automatic enrollment program. In response to this comment, the Agency has provided employing agencies with a sample notice to send to newly hired or rehired employees who are automatically enrolled. The Agency promulgated separate guidance that directs employing agencies to provide this notice so that employees can take action within the first automatic enrollment pay period. In addition, the Agency will directly notify new enrollees of their right to opt out of the automatic enrollment program and to request a refund of default employee contributions. This information will be provided in the TSP Welcome Letter sent to all employees upon receipt of their first contribution. One participant objected to the forfeiture of agency matching contributions attributable to refunded default employee contributions. The Internal Revenue Service

(IRS)mandates forfeiture of matching contributions attributable to refunded default employee contributions. *See* “Automatic Contribution Arrangements” 74 FR 8200, 8206 (February 24, 2009). The TSP must follow applicable IRS guidance such as this to the extent that it is consistent with FERSA. *See* 5 U.S.C. § 8440; 26 U.S.C. 7701(j). Another participant suggested that the Agency should not require a participant's notarized signature in order to request a refund of default employee contributions. The proposed rule does not require a notarized signature in order to request a refund of default employee contributions. In practice, however, the Agency will soon require a notarized signature for all withdrawal requests, including a request for a refund of default employee contributions, as a measure to protect participants' TSP accounts from fraudulent withdrawals. One commenter requested affirmation that contribution elections and contribution allocations differ with respect to their effect on a participant's continued coverage under the automatic enrollment program. A participant who makes only a contribution allocation will continue to receive default employee contributions until he or she files a contribution election or elects not to have any default employee contributions made on his or her behalf. In contrast, section 1600.34(b) of the proposed rule provides that a participant will no longer be considered to be covered by the automatic enrollment program if the participant makes a contribution election, i.e., elects to have contributions made in a different amount or percentage of basic pay. Section 1600.34(b) of the proposed rule reflects section 1.414(w)-1(e)(2)(ii) of the Internal Revenue Service's regulation governing refunds from automatic contribution arrangements. 26 CFR § 1.414(w)-1(e)(2)(ii). A participant who is no longer automatically enrolled by reason of having made a contribution election will retain the right to request a refund within 90 days following the date of the first default employee contribution made to his or her account. However, the amount of the refund will be limited to the amount of the default employee contributions (adjusted for allocable gains and losses) made during the period in which the participant was considered automatically enrolled. One participant recommended that the TSP provide participants with options to self direct investment of their retirement funds. This comment is outside the scope of the proposed rule. The Agency appreciates the opportunity to review and respond to comments from participants who take an active interest in the TSP and offer suggestions. The comment process allowed the Agency to address any misunderstandings about the proposed change, to learn if there are unanticipated legal or policy impediments to the proposed change, and to hear suggestions about how better to implement the proposed change. Although the comments received did not cause the Executive Director to make any changes to the text of the proposed rule, he did carefully consider all comments received and addressed some of the concerns through other Agency guidance. Therefore, the Agency is publishing the proposed rule as final without change. 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 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, Pub. L. No. 99-335, 100 Stat. 514, and administered by the Agency. 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 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. 814(2). List of Subjects in 5 CFR Part 1600 Government employees, Pensions, Retirement. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons stated in the preamble, the Agency amends 5 CFR part 1600 as follows: PART 1600—EMPLOYEE CONTRIBUTION ELECTIONS AND CONTRIBUTION ALLOCATIONS 1. The authority citation for part 1600 continues to read as follows: Authority: 5 U.S.C. 8351, 8432(a), 8432(b), 8432(c), 8432(j), 8474(b)(5) and (c)(1), Thrift Savings Plan Enhancement Act of 2009, section 102. 2. Revise the heading to part 1600 to read as follows: PART 1600—EMPLOYEE CONTRIBUTION ELECTIONS, CONTRIBUTION ALLOCATIONS, AND AUTOMATIC ENROLLMENT PROGRAM 3. Add subpart E to read as follows: Subpart E—Automatic Enrollment Program 1600.34 Automatic Enrollment Program 1600.35 Refunds 1600.36 Matching Contributions 1600.37 Employing Agency Notice Authority: Sec. 102, Pub. L. 111-31, div. B. tit. I, 123 Stat. 1776, 1853 (5 U.S.C. 8432(b)(2)(A)). § 1600.34 Automatic Enrollment Program.

(a)All newly hired Federal employees who are eligible to participate in the Thrift Savings Plan and those Federal employees who are rehired after a separation in service of 31 or more calendar days and who are eligible to participate in the TSP will automatically have 3 percent of their basic pay contributed to the TSP (default employee contribution) unless they elect to not contribute or elect to contribute at some other level by the end of the employee's first pay period (subject to the agency's processing timeframes).

(b)After being automatically enrolled, a participant may elect to terminate default employee contributions or change his or her contribution percentage or amount at any time. § 1600.35 Refunds of default employee contributions.

(a)A participant may request a refund of any default employee contributions made on his or her behalf ( *i.e.,* the contributions made while under the automatic enrollment program) provided the request is received within 90 days after the date that the first default employee contribution was processed. The election must be made on the TSP's refund request form and must be received by the TSP's record keeper prior to the expiration of the 90-day period.

(1)The distribution of a refund will be reported as income to the participant on IRS Form 1099-R, but it will not be subject to the additional tax under 26 U.S.C. 72(t) (the early withdrawal penalty tax).

(2)A participant who requests a refund will receive the amount of any default employee contributions (adjusted for allocable gains and losses).

(3)Processing of refunds will be subject to the rules set out at 5 CFR part 1650.

(b)A participant will no longer be considered to be covered by the automatic enrollment program if the participant files a contribution election. Consequently, if a participant makes a contribution election during the 90-day period, the participant will only be eligible to receive as a refund an amount equal to his or her default employee contributions (adjusted for allocable gains and losses).

(c)After the expiration of the period allowed for the refund, any withdrawal must be made pursuant to 5 U.S.C. 8433 and 5 CFR part 1650.

(d)A married participant may request a refund of default employee contributions without obtaining the consent of his or her spouse or having the TSP notify the spouse of the request.

(e)The rules applicable to frozen accounts (5 CFR 1650.3) and applicable to deceased participants (5 CFR 1650.6) also apply to refunds of the default employee contributions. § 1600.36 Matching Contributions.

(a)A participant is not entitled to keep the matching contributions and their associated earnings that are attributable to refunded default employee contributions.

(b)The matching contributions and associated earnings attributable to refunded default employee contributions shall be forfeited to the TSP and used to offset administrative expenses. § 1600.37 Employing Agency Notice. Employing agencies shall furnish all new employees and all rehired employees covered by the automatic enrollment program a notice that accurately describes:

(a)That default employee contributions equal to 3 percent of the employee's basic pay will be deducted from his or her pay and contributed to the TSP on the employee's behalf if the employee does not make an affirmative election;

(b)The employee's right to elect to not have default employee contributions made to the TSP on his or her behalf or to elect to have a different percentage or amount of basic pay contributed to the TSP;

(c)That the default employee contributions will be invested in the G Fund unless the employee makes a contribution allocation and/or an interfund transfer; and

(d)The employee's ability to request a refund of any default employee contributions (adjusted for allocable gains and losses) and the procedures to request such a refund. [FR Doc. 2010-18346 Filed 7-26-10; 8:45 am]

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