Unknown. Final rule

4,165 words·~19 min read·/register/2010/07/28/2010-18436

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-2010-07-28.xml --- 75 144 Wednesday, July 28, 2010 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Grain Inspection, Packers and Stockyards Administration See Natural Resources Conservation Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau PROPOSED RULES Implementation of the USA PATRIOT Improvement and Reauthorization Act of 2005: Trafficking in Contraband Cigarettes or Smokeless Tobacco, 44173-44179 2010-18552 Centers Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs;

Electronic Health Record Incentive Program, 44314-44588 2010-17207 Civil Civil Rights Commission NOTICES Meetings: District of Columbia Advisory Committee, 44215 2010-18480 Louisiana Advisory Committee, 44215 2010-18481 Coast Guard Coast Guard RULES Safety Zones: Chicago Harbor, Navy Pier Southeast, Chicago IL, 44140-44141 2010-18519 Milwaukee Harbor, Milwaukee, WI, 44141 2010-18521 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Commodity Credit Corporation RULES Conservation Reserve Program, 44067-44072 2010-18473 Comptroller Comptroller of the Currency RULES Registration of Mortgage Loan Originators, 44656-44708 2010-18148 Defense Defense Department NOTICES Meetings:

Department of Defense Wage Committee, 44231 2010-18427 Records of Decision; Availability: Mariana Islands Range Complex, 44231 2010-18455 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances; Registrations: Almac Clinical Services, Inc., 44285 2010-18476 Mylan Pharmaceuticals Inc., 44284-44285 2010-18486 Penick Corp., 44285 2010-18475 Manufacturer of Controlled Substances; Applications: Johnson Matthey Pharmaceutical Materials, Inc., 44285-44286 2010-18474 Manufacturer of Controlled Substances;

Registrations: Halo Pharmaceutical Inc., 44286 2010-18500 Mallinckrodt, Inc., 44287 2010-18483 Siegfried USA, 44287 2010-18485 Sigma Aldrich Research Biochemicals, Inc., 44286 2010-18495 Education Education Department NOTICES Proposed Extension of Project Period and Waiver: National Center on Educational Outcomes at the University of Minnesota, 44234-44235 2010-18524 National Secondary Transition Technical Assistance Center, 44233-44234 2010-18520 State and Federal Policy Forum for Program Improvement Center, 44231-44233 2010-18525 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Determination of Attainment for PM-10;

Fort Hall PM-10 Nonattainment Area, Idaho, 44142-44144 2010-18564 Final Authorization of State Hazardous Waste Management Program Revisions: Washington, 44144-44152 2010-18566 Revisions to the Arizona State Implementation Plan: Maricopa County Air Quality Department, 44141-44142 2010-18561 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Rhode Island; Determination of Attainment of the 1997 Ozone Standard for the Providence Area, 44179-44181 2010-18553 Proposed Data Call-in Orders for Pesticide Tolerances:

Mevinphos, 44181-44184 2010-18541 Proposed Significant New Use Rule for Multi-walled Carbon Nanotubes, 44198 2010-18543 Proposed Tolerance Actions: Aluminum tris(O-ethylphosphonate), Butylate, Chlorethoxyfos, Clethodim, et al., 44184-44198 2010-18373 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Automobile and Light-duty Truck Surface Coating, 44238-44239 2010-18556 NESHAP for Petroleum Refineries, Catalytic Cracking, Reforming and Sulfur Units, 44236-44237 2010-18559 Recordkeeping and Reporting Requirements Regarding the Sulfur Content of Motor Vehicle Gasoline, etc., 44237-44238 2010-18554 Cancellation of Pesticides for Non-Payment of Year 2010 Registration Maintenance Fees, 44240-44245 2010-18092 Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 44245-44246 2010-18550 Petitions For Rulemaking; Availability: Procedures for the Creation and Amendment of Endangered Species Protection Bulletins, 44246-44247 2010-18381 Product Cancellation Order for Certain Pesticide Registrations, 44247-44249 2010-18375 Proposed Acute Exposure Guideline Levels for Hazardous Substances, 44249-44250 2010-18546 Proposed Administrative Settlement Agreement under Section 122 of CERCLA: Turnpike Dump No. 5 Site, Jersey City, Hudson County, NJ, 44251 2010-18558 Turnpike Dump No. 5, Jersey City, Hudson County, NJ, 44250-44251 2010-18562 Registration Review Proposed Decision;

Availability: Methidathion, 44253-44255 2010-18539 Wood Oils and Gums, and Streptomyces Strain K61, 44251-44253 2010-18542 Request for Nominations of Candidates: National Environmental Education Advisory Council, 44255-44256 2010-18555 Requests to Voluntarily Cancel Pesticide Registrations: Rotenone, 44256-44259 2010-18377 Executive Office of the President See Presidential Documents Farm Farm Credit Administration RULES Registration of Mortgage Loan Originators, 44656-44708 2010-18148 FAA Federal Aviation Administration NOTICES Meetings:

Joint RTCA Special Committee 213; EUROCAE WG-79; Enhanced Flight Vision Systems/Synthetic Vision Systems, 44306 2010-18472 RTCA Special Committee 223; Airport Surface Wireless Communications, 44306-44307 2010-18477 Petitions for Exemption; Summary of Petition Received, 44307 2010-18545 FCC Federal Communications Commission PROPOSED RULES Implementation of Section 203 of the Satellite Television Extension and Localism Act of 2010: Amendments to Section 340 of the Communications Act, 44198-44209 2010-18538 FDIC Federal Deposit Insurance Corporation RULES Registration of Mortgage Loan Originators, 44656-44708 2010-18148 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44259 2010-18419 Updated Listing of Financial Institutions in Liquidation, 44260 2010-18411 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 44260 2010-18297 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 44155-44158 2010-18453 Suspension of Community Eligibility, 44152-44155 2010-18449 NOTICES Environmental Impact Statements; Availability, etc.: Hazardous Fire Risk Reduction, East Bay Hills, CA, 44275-44276 2010-18484 Meetings:

National Fire Academy Board of Visitors; Cancellation, 44276 2010-18454 Federal Energy Federal Energy Regulatory Commission RULES Update of the Fees Schedule for Annual Charges for the Use of Government Lands, 44094-44137 2010-18201 NOTICES Commissioner and Staff Attendances: North American Electric Reliability Corp. Board of Trustees, 44235-44236 2010-18431 Dispute Resolutions: Exelon Generation Company, LLC, 44236 2010-18432 FMC Federal Maritime Commission NOTICES Agreements Filed, 44261 2010-18526 Ocean Transportation Intermediary License;

Applicants, 44261 2010-18529 Ocean Transportation Intermediary Licenses; Reissuances, 44262 2010-18532 Ocean Transportation Intermediary Licenses; Rescissions of Orders of Revocation, 44262 2010-18527 Ocean Transportation Intermediary Licenses; Revocations, 44262-44264 2010-18530 Federal Reserve Federal Reserve System RULES Registration of Mortgage Loan Originators, 44656-44708 2010-18148 Truth in Lending; Correction, 44093-44094 2010-18410 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 44260 2010-18462 Federal Retirement Federal Retirement Thrift Investment Board RULES Uniformed Services Accounts and Death Benefits, 44065-44066 2010-18436 Food Food and Drug Administration PROPOSED RULES Designation of Special Controls for Certain Class II Devices and Exemption From Premarket Notification:

Neurological and Physical Medicine Devices, 44172-44173 2010-18405 NOTICES Draft Guidance for Industry and Food and Drug Administration Staff: Medical Devices; Neurological and Physical Medicine Device Guidance Document, 44267 2010-18406 Meetings: Radiological Devices Panel of the Medical Devices Advisory Committee, 44273 2010-18416 Foreign Foreign Assets Control Office NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 44311-44312 2010-18502 Designation of Three Individuals as Blocked Pursuant to Executive Order 13224, 44312 2010-18421 Foreign Foreign-Trade Zones Board NOTICES Grants of Authority for Subzone Status:

Yankee Candle Corp.; Whately and South Deerfield, MA, 44224 2010-18534 GSA General Services Administration NOTICES Federal Management Regulation: FMR Bulletin PBS-2010-B4; Redesignation of Federal Building, 44264 2010-18467 GIPSA Grain Inspection, Packers and Stockyards Administration PROPOSED RULES Implementation of Regulations Required Under Title XI of the Food, Conservation and Energy Act of 2008: Conduct in Violation of the Act, 44163 2010-18458 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health RULES Health Information Technology:

Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology, 44590-44654 2010-17210 NOTICES Delegation of Authority, 44265 2010-18544 Request for Comments: Departmental FY 2010-2015 Strategic Plan, 44265 2010-18547 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Industry Industry and Security Bureau NOTICES Meetings: Materials Technical Advisory Committee, 44227-44228 2010-18549 Interior Interior Department See Land Management Bureau See National Park Service NOTICES Cancellation of Oil and Gas Lease Sales:

Offshore Virginia Lease Sale 220, Mid-Atlantic Planning Area, Outer Continental Shelf, 44276 2010-18510 Western Planning Area Sale 215, Outer Continental Shelf in the Gulf of Mexico, 44276 2010-18516 Vendor Outreach Workshop for Small Businesses in the Midwest Region of the United States, 44276-44277 2010-18425 IRS Internal Revenue Service RULES Build-in Gains and Losses Under Section 382(h); Correction, 44138 2010-18270 International International Trade Administration PROPOSED RULES Antidumping and Countervailing Duty Proceedings:

Electronic Filing Procedures; Administrative Protective Order Procedures, 44163-44172 2010-18389 NOTICES Cybersecurity, Innovation and the Internet Economy, 44216-44223 2010-18507 Initiation of Antidumping and Countervailing Duty Administrative Reviews, 44224-44226 2010-18535 Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp from India, 44229-44230 2010-18533 International International Trade Commission NOTICES Reviews of Initial Determinations:

Certain Mobile Telephones and Wireless Communications Devices Featuring Digital Cameras, 44282-44283 2010-18518 Termination of Investigations: Certain Dynamic Random Access Memory Semiconductors and Products Containing Same, 44283 2010-18528 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office NOTICES Lodging of Consent Decrees Under CERCLA, 44283-44284 2010-18439 2010-18440 Justice Justice Programs Office NOTICES Draft NIJ Criminal Justice Restraints Selection and Application Guide, 44284 2010-18468 Labor Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44287-44288 2010-18461 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Imperial Valley Solar, LLC Project, California; Proposed California Desert Conservation Area Plan Amendment, 44278-44279 2010-18471 National Petroleum Reserve; Alaska, 44277-44278 2010-18469 Public Land Order No. 7747; Partial Revocation, Juniper Butte Range; Idaho, 44281-44282 2010-18470 National Credit National Credit Union Administration RULES Registration of Mortgage Loan Originators, 44656-44708 2010-18148 National Institute National Institute of Standards and Technology NOTICES Cybersecurity, Innovation and the Internet Economy, 44216-44223 2010-18507 NIH National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for the Pharmacology Research Associate Program, 44266-44267 2010-18509 Online Skills Training for PCPs on Substance Abuse, 44265-44266 2010-18511 Government-Owned Inventions; Availability for Licensing, 44267-44271 2010-18487 2010-18490 Meetings: National Cancer Institute, 44272, 44274 2010-18498 2010-18501 2010-18503 National Institute of Environmental Health Sciences, 44273-44274 2010-18508 National Institute of Mental Health, 44272 2010-18497 2010-18505 Office of the Director, NIH, 44271 2010-18496 Prospective Grants of Exclusive Licenses:

Use of Leptin and Leptin Analogs for the Treatment of Lipodystrophy, 44274-44275 2010-18492 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Amendments to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands, 44209-44213 2010-18537 NOTICES Availability of Seats for the Stellwagon Bank National Marine Sanctuary Advisory Council, 44215-44216 2010-18300 Determination of Overfishing:

Fisheries of the Northeast Region; South Atlantic Region, 44223 2010-18536 Meetings: Mid-Atlantic Fishery Management Council, 44226-44227 2010-18489 North Pacific Fishery Management Council, 44228-44229 2010-18457 South Atlantic Fishery Management Council, 44228 2010-18456 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: U.S. Department of Agriculture, et al., Flagstaff, AZ, and American Museum of Natural History, New York City, NY, 44280 2010-18434 National Register of Historic Places:

Notification of Pending Nominations and Related Action, 44281 2010-18429 Notification of Pending Removal of Listed Property, 44281 2010-18430 Pending Nominations and Related Actions, 44280-44281 2010-18428 National Science National Science Foundation NOTICES Permit Applications Received under the Antarctic Conservation Act of 1978, 44291 2010-18433 National Telecommunications National Telecommunications and Information Administration NOTICES Cybersecurity, Innovation and the Internet Economy, 44216-44223 2010-18507 NRCS Natural Resources Conservation Service NOTICES Meetings:

Agricultural Air Quality Task Force, 44214-44215 2010-18452 Nuclear Nuclear Regulatory Commission RULES Export and Import of Nuclear Equipment and Material; Updates and Clarifications, 44072-44093 2010-18219 NOTICES Environmental Impact Statements; Availability, etc.: AREVA Enrichment Services, LLC Proposed Eagle Rock Uranium Enrichment Facility; Correction, 44291 2010-18512 Issuance of Director's Decisions: Northern States Power Co.; Prairie Island Nuclear Generating Plant, Units 1 And 2, 44292 2010-18515 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Overhead and Gantry Cranes, 44288-44289 2010-18437 Applications for Expansion of Recognition: MET Laboratories, Inc., 44289-44291 2010-18438 Postal Postal Regulatory Commission RULES New Postal Products, 44138-44140 2010-18407 NOTICES New Postal Product, 44292-44293 2010-18540 Presidential Presidential Documents ADMINISTRATIVE ORDERS Arctic Research and Policy Act of 1984; Designation to Coordinate Activities (Memorandum of July 22, 2010), 44063 2010-18642 Government Agencies and Employees:

Lobbyist Positions on Boards and Commissions; Prohibition (Memorandum of June 18, 2010), 35955 [ **Editorial Note** : This document appearing at 75 FR 35955 in the **Federal Register** of June 23, 2010, was inadvertently dropped from that issue's Table of Contents.] Payment Accuracy in Federal Programs; Enhancement Through a Do Not Pay List (Memorandum of June 18, 2010), 35953 [ **Editorial Note** : This document appearing at 75 FR 35953 in the **Federal Register** of June 23, 2010, was inadvertently dropped from that issue's Table of Contents.] Wireless Telecommunications Services;

Broadband Access Expansion (Memorandum of June 28, 2010), 38387 [ **Editorial Note** : This document appearing at 75 FR 38387 in the **Federal Register** of July 1, 2010, was inadvertently dropped from that issue's Table of Contents.] SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-18443 44293-44296 2010-18444 2010-18445 2010-18446 2010-18447 Self-Regulatory Organizations; Proposed Rule Changes:

Municipal Securities Rulemaking Board, 44296-44303 2010-18442 Social Social Security Administration RULES Technical Amendment Language Change From “Wholly” to “Fully”; Correction, 44137-44138 2010-18426 Surface Surface Transportation Board RULES Regulations Governing Fees for Licensing and Related Services; 2010 Update, 44158-44162 2010-18460 NOTICES Abandonment Exemptions: Michigan Air-Line Railway Co., Oakland County, MI, 44305-44306 2010-18228 Thrift Thrift Supervision Office RULES Registration of Mortgage Loan Originators, 44656-44708 2010-18148 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board NOTICES Meetings:

Future of Aviation Advisory Committee Environment Subcommittee, 44303-44304 2010-18514 Noise Exposure Maps: Portland International Airport, Portland, OR, 44304-44305 2010-18478 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-18517 44307-44311 2010-18522 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 44314-44588 2010-17207 Part III Health and Human Services Department, 44590-44654 2010-17210 Part IV Farm Credit Administration, 44656-44708 2010-18148 Federal Deposit Insurance Corporation, 44656-44708 2010-18148 Federal Reserve System, 44656-44708 2010-18148 National Credit Union Administration, 44656-44708 2010-18148 Treasury Department, Comptroller of the Currency, 44656-44708 2010-18148 Treasury Department, Thrift Supervision Office, 44656-44708 2010-18148 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. 75 144 Wednesday, July 28, 2010 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1604 and 1651 Uniformed Services Accounts and Death Benefits AGENCY: Federal Retirement Thrift Investment Board. ACTION:

Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is making several changes to its death benefits regulations. In particular, it is expanding the requirements necessary in order for a designation of beneficiary form to be valid. This change will also allow participants holding both a uniformed services and civilian account to submit a single designation of beneficiary form which can be used to designate beneficiaries for both accounts. The Agency is also amending its death benefit regulations to allow participants to designate a custodian under the Uniform Transfers to Minors Act as a beneficiary, permit the Agency to defer to state law when a potential beneficiary is implicated in the death of a participant and is subsequently found not guilty by reason of insanity, and require a notary to witness disclaimers of death benefits.

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 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 18, 2010, the Agency published a proposed rule with request for comments in the **Federal Register** (75 FR 34654, June 18, 2010). The Agency received comments from one Federal employees' union, two participants, and three other parties. The Federal employees' union endorsed the proposed changes. The union expressed concern that the complexity of the Form TSP-3, Beneficiary Designation, and the multiplicity of its requirements will cause a large number of forms to be rejected as invalid. The union, however, noted with approval that the Agency stated in its proposed regulation that Agency staff will act quickly to review beneficiary designation forms and to alert participants of the need to correct any omissions or errors. The Agency intends to keep this commitment by assigning sufficient staff to this task. The Federal employees' union also specifically noted its approval of the Agency's proposal to permit a participant to designate a custodian under the Uniform Transfers to Minors Act

(UTMA)as the beneficiary of his or her TSP account. With respect to the requirement that the UTMA custodianship be established under the laws of the District of Columbia, the union asked the TSP to provide guidance to assure compliance with District of Columbia laws. Finally, the union suggested that the Form TSP-3 instructions be revised to explain the designation of a custodian under the UTMA and include an example to illustrate this fact pattern. The Agency considered including an explanation of the designation of a custodian under the UTMA in the instructions to the Form TSP-3. But due to the complex financial and tax consequences of designating a custodian under the UTMA, the Agency wishes to discourage participants from making this decision without first obtaining expert advice. Moreover, the process of designating a custodian under UTMA requires a lengthy explanation, which the Agency believes would make the Form TSP-3 overly complex. Therefore, in response to this comment, the Agency created a special form for designating an UTMA custodian. This form will be made available on the TSP website and will include instructions to ensure that the designation is valid under the District of Columbia Uniform Transfers to Minors Act. One participant commented simply to express his support for the proposed changes. Another participant commented to express frustration with unspecified aspects of the current rules for designating beneficiaries, as well as his hope that the revised rules will be less frustrating. One commenter objected to the requirement to link the contingent beneficiary to a primary beneficiary because he believes the requirement is not clear. In response to this comment, the Agency is clarifying the language proposed for 5 CFR 1651.3(c)(7). The language in the proposed rule required a participant to “Match each contingent beneficiary to a primary beneficiary.” This final rule replaces that language with the following: “For each contingent beneficiary, identify the primary beneficiary whose share the contingent beneficiary is to receive in the event the primary beneficiary dies before payment is made.” One commenter suggested that the proposed rule be changed to allow participants to designate one or more charities as a primary or contingent beneficiary. The Agency's regulations currently allow participants to designate one or more charities as a primary or contingent beneficiary. 5 CFR 1651.3(b). This proposed rule does not affect the participant's ability to designate a charity as a beneficiary. Two of the commenters also objected to including the beneficiary's date of birth or social security number on the Form TSP-3. The proposed rule does not specifically require the participant to include the beneficiary's date of birth or social security number on the Form TSP-3. It does, however, require the participant to designate each primary and each contingent beneficiary in a manner so that the Agency can identify the individual or entity. The preamble to the proposed rule gave the date of birth or social security number as examples of information that would allow the TSP to identify the participant's beneficiary. The TSP needs sufficient information to identify the participant's beneficiary to ensure accurate processing and payment and to reduce the processing time and resources necessary to identify beneficiaries. One commenter requested clarification on whether the TSP will accept the designation of a testamentary trust. This commenter also requested that the TSP permit a per stirpital designation. These comments are outside the scope of the proposed rule under consideration. 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 potential misunderstandings about the proposed changes, to consider unanticipated legal or policy impediments to the proposed changes, and to hear suggestions about how better to implement the proposed changes. Although the comments caused the Executive Director to make only one change to the text of the proposed rule, he did carefully consider each comment and addressed some of the concerns through other Agency guidance. Therefore, the Agency is publishing the proposed rule as final with a modification to the language proposed for 5 CFR 1651.3(c)(7). 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 Part 1604 Military personnel, Pensions, Retirement. 5 CFR Part 1651 Claims, Government employees, Pensions, Retirement. Gregory T. Long, Executive Director, Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Agency amends 5 CFR chapter VI as follows: PART 1604—UNIFORMED SERVICES ACCOUNTS 1. The authority citation for part 1604 continues to read as follows: Authority: 5 U.S.C. 8440e, 8474(b)(5) and (c)(1). § 1604.8 [Amended] 2. Amend § 1604.8, by removing the second sentence of paragraph (a). PART 1651—DEATH BENEFITS 3. 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). 4. Amend § 1651.3, by adding a fourth sentence to paragraph (b), and revising paragraph

(c)to read as follows: § 1651.3 Designation of beneficiary. (b)* * * A participant may designate a custodian under the Uniform Transfers to Minors Act provided that the custodianship is established under the laws of the District of Columbia and that the participant designates the custodianship using the Agency's designation of custodian form.

(c)*Validity requirements.* To be valid and accepted by the TSP record keeper, a TSP designation of beneficiary form must:

(1)Be received by the TSP record keeper on or before the date of the participant's death;

(2)Identify the participant in such a manner so that the Agency can locate his or her TSP account;

(3)Be signed and properly dated by the participant and signed and properly dated by two witnesses;

(i)The participant must either sign the form in the presence of the witnesses or acknowledge his or her signature on the form to the witnesses;

(ii)All submitted and attached pages must be signed by the participant, dated by the participant, and witnessed in the same manner (by the same witnesses) as the form itself and must follow the format of the TSP designation of beneficiary form;

(iii)A witness must be age 21 or older; and

(iv)A witness designated as a beneficiary will not be entitled to receive a death benefit payment; if a witness is the only named beneficiary, the designation of the beneficiary is invalid. If more than one beneficiary is named, the share of the witness beneficiary will be allocated among the remaining beneficiaries pro rata.

(4)Designate primary beneficiary shares which when summed equal 100%;

(5)Contain no substantive alterations (e.g., struck-through shares or scratched-out names of beneficiaries);

(6)Designate each primary and each contingent beneficiary in such a manner so that the Agency can identify the individual or entity; and

(7)For each contingent beneficiary, identify the primary beneficiary whose share the contingent beneficiary is to receive in the event the primary beneficiary dies before payment is made. 5. Amend § 1651.12, by revising the second sentence to read as follows: § 1651.12 Homicide. * * * If the beneficiary is implicated in the death of the participant and the beneficiary would be precluded from inheriting under state law, the beneficiary will not be entitled to receive any portion of the participant's account. * * * 6. Amend § 1651.17, by revising paragraph (b)(2) to read as follows: § 1651.17 Disclaimer of benefits.

(b)* * *

(2)Signed or acknowledged, in the presence of a notary, by the person (or legal representative) disclaiming the benefit; and [FR Doc. 2010-18436 Filed 7-27-10; 8:45 am]

Connectionstraces to 7

Traces to 7 documents