Unknown. Final rule

6,491 words·~30 min read·/register/2010/12/17/2010-31656·

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-17.xml --- 75 242 Friday, December 17, 2010 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Federal Seed Act Regulations, 78932-78937 2010-31573 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Air Force Air Force Department NOTICES Record of Decision: 158th Fighter Wing Proposed Realignment of National Guard Avenue and New Main Gate Construction, Burlington International Airport, South Burlington, VT, 78978-78979 2010-31669 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Establishment of Pine Mountain-Mayacmas Viticultural Area, 78944-78946 2010-31655 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application and Permit for Importation of Firearms, Ammunition, and Implements of War, 79020-79022 2010-31755 2010-31758 Application and Permit for Temporary Importation of Firearms and Ammunition by Nonimmigrant Aliens, 79022-79023 2010-31764 Release and Receipt of Imported Firearms, Ammunition and Implements of War, 79023 2010-31752 Report of Multiple Sale or Other Disposition of Certain Rifles, 79021 2010-31761 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Customer/Stakeholder Satisfaction Surveys for the National Animal Health Monitoring System; etc., 78965-78966 2010-31705 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: Cable Television Laboratories, Inc., 79025 2010-31603 Connected Media Experience, Inc., 79024 2010-31602 Cooperative Research Group on High-Efficiency Dilute Gasoline Engine II, 79024 2010-31598 LiMo Foundation, 79025 2010-31596 National Shipbuilding Research Program, 79025 2010-31600 ODVA, Inc., 79024 2010-31593 Wireless Industrial Technology Konsortium, Inc., 79025-79026 2010-31592 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78995-78997 2010-31672 2010-31674 Charter Renewals: CDC/HRSA Advisory Committee on HIV and STD Prevention and Treatment, 78997 2010-31785 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, etc., 78999 2010-31778 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Teleconference, 78997-78999 2010-31781 2010-31787 2010-31798 Subcommittee on Procedures Review, Advisory Board on Radiation and Worker Health, etc., 78998-78999 2010-31784 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78999-79001 2010-31541 2010-31599 Medicare and Medicaid Programs: 2010 Quarterly Listing of Program Issuances; July Through September, 79174-79259 2010-31543 Coast Guard Coast Guard RULES Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan; Delay of Effective Date, 78928-78929 2010-31699 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78966-78967 2010-31679 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Proposed Addition to and Deletions From the Procurement List, 78976-78978 2010-31813 2010-31814 Commodity Futures Commodity Futures Trading Commission RULES Reporting Certain Post-Enactment Swap Transactions, 78892-78896 2010-31579 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78978 2010-31766 Defense Department Defense Department See Air Force Department See Navy Department PROPOSED RULES Revitalizing Base Closure Communities and Addressing Impacts of Realignment, 78946-78949 2010-31649 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Employment and Training Employment and Training Administration PROPOSED RULES Senior Community Service Employment Program:

Additional Indicator on Volunteer Work; Correction, 78939-78940 2010-31680 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Application to Export Electric Energy: Direct Energy Marketing, Inc., 78980 2010-31743 Twin Rivers Paper Company Inc., 78979-78980 2010-31745 Environmental Impact Statements; Availability, etc.: Solar Energy Development in Six Southwestern States, 78980-78984 2010-31725 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of State Air Quality Plans For Designated Facilities and Pollutants:

Commonwealth of Virginia; Control of Emissions from Existing Hospital/Medical/Infectious Waste Incinerator Units; etc., 78916-78918 2010-31741 Hazardous Waste Management System; Identification and Listing of Hazardous Waste: Removal of Saccharin and its Salts from Lists of Hazardous Constituents, Hazardous Wastes, and Hazardous Substances, 78918-78926 2010-31773 Mandatory Reporting of Greenhouse Gases, 79092-79171 2010-30286 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans:

West Virginia; Permits for Construction and Major Modification of Major Stationary Sources of Air Pollution, etc., 78949-78950 2010-31796 Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants: Commonwealth of Virginia; Control of Emissions from Existing Hospital/Medical/ Infectious Waste Incinerator Units; etc., 78952-78953 2010-31740 Attainment Demonstrations for 1997 8-Hour Ozone Standard and Related Revisions: Denver Metro Area/North Front Range, CO, 78950-78952 2010-31738 NOTICES Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 78992-78993 2010-31793 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78993 2010-31720 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A318, A319, A320, and A321 Series Airplanes, 78883 C1--2010--27614 Pratt & Whitney PW4000 Series Turbofan Engines, 78881-78883 2010-31723 PROPOSED RULES Airworthiness Directives:

Honeywell International LTS101 Series Turboshaft Engines and LTP101 Series Turboprop Engines, 78937-78939 2010-31782 NOTICES Passenger Facility Charge Approvals and Disapprovals, 79077-79079 2010-31514 Requests to Release Airport Properties: New Century AirCenter; New Century, KS, 79079 2010-31515 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78993-78994 2010-31759 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 78994 2010-31533 2010-31535 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 78926-78928 2010-31666 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: County of DuPage, 78985-78986 2010-31711 Lock 12 Hydro Partners, 78985 2010-31710 Lock 14 Hydro Partners, 78984-78985 2010-31709 South Run Pumped Storage, LLC, 78984 2010-31708 Environmental Assessments; Availability, etc.: East Cheyenne Gas Storage, LLC, 78986-78988 2010-31707 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualifications of Drivers;

Exemption Applications: Vision, 79079-79085 2010-31767 2010-31770 2010-31772 2010-31774 Federal Retirement Federal Retirement Thrift Investment Board RULES Employee Contribution Elections and Contribution Allocations; Uniformed Services Accounts: Methods of Withdrawing Funds from the Thrift Savings Plan; Death Benefits; Thrift Savings Plan, 78877-78881 2010-31656 Fiscal Fiscal Service RULES Regulations Governing Book-Entry Treasury Bonds, Notes and Bills Held in Legacy Treasury Direct, etc., 78900-78901 2010-31489 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Santa Clara Valley Habitat Conservation Plan and Natural Community Conservation Plan, CA, 79013-79015 2010-31425 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Food and Drug Administration Approval to Market New Drug, 79001-79005 2010-31693 Debarment Orders: Ehigiator O. Akhigbe, 79005-79006 2010-31776 Forest Forest Service NOTICES Meetings: Del Norte Resource Advisory Committee, 78966 2010-31788 Dixie Resource Advisory Committee, 78966 2010-31673 General Services General Services Administration NOTICES Environmental Assessments;

Availability, etc.: Proposed Federal Building, Kansas City, MO, 78994-78995 2010-31724 Health and Human 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 Health Resources Health Resources and Services Administration NOTICES Meetings:

Council on Graduate Medical Education, 79006 2010-31712 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: Family Unification Program (FUP), 79012-79013 2010-31794 Federal Property Suitable as Facilities to Assist Homeless, 79013 2010-31365 Industry Industry and Security Bureau RULES Implementation of Additional Changes from Annual Review of Entity List, 78883-78892 2010-31653 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Definition of Omission from Gross Income, 78897-78900 2010-31747 PROPOSED RULES Sales-Based Royalties and Vendor Allowances, 78940-78944 2010-31597 International Trade Adm International Trade Administration NOTICES Decisions of Court of International Trade Not in Harmony: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from People's Republic of China, 78967-78968 2010-31756 Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review:

Magnesium Metal from the Russian Federation, 78968 2010-31753 Preliminary Results of Antidumping Duty Administrative Reviews: Polyethylene Terephthalate Film, Sheet, and Strip from United Arab Emirates, 78968-78973 2010-31771 International Trade Com International Trade Commission NOTICES Determinations: Multilayered Wood Flooring from China, 79019 2010-31694 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division NOTICES Lodging of Consent Decrees Pursuant to CERCLA, 79019-79020 2010-31726 Proposed Consent Decree Modifications Under the Clean Air Act, 79020 2010-31727 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Employer's First Report of Injury or Occupational Disease, etc., 79026-79027 2010-31696 Ventilation Plan and Main Fan Maintenance Record, 79026 2010-31681 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79027-79028 2010-31697 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Newmont Mining Corporation Emigrant Project Plan of Operation, Nevada, 79016 2010-31646 Solar Energy Development in Six Southwestern States, 78980-78984 2010-31725 Meetings:

North Slope Science Initiative; Science Technical Advisory Panel, 79017 2010-31663 Resource Advisory Councils, Nevada, 79016-79017 2010-31786 Proposed Withdrawal Extension; New Mexico, 79017-79018 2010-31701 Realty Actions: Proposed Sale of Public Lands in Bear Lake County, ID, 79018-79019 2010-31702 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Surface Sanitary Facilities' Requirements, 79033 2010-31690 Escape and Evacuation Plans, 79034-79035 2010-31691 Radiation Sampling and Exposure Records (Pertains to Underground Metal and Nonmetal Mines), 79033-79034 2010-31750 Representative of Miners;

Legal Identity Report; Opening and Closing of Metal and Nonmetal, 79031-79032 2010-31686 Request for MSHA Individual Identification Number, 79029-79030 2010-31688 Self-Contained Self-Rescue Devices, 79028-79029 2010-31687 Training Plans and Records of Training, 79030-79031 2010-31689 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79006-79008 2010-31734 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Questionnaire Cognitive Interview and Pretesting, 79009 2010-31735 Study of Substance Abuse doc.com Module project, 79008-79009 2010-31737 Meetings: National Cancer Institute, 79009-79011 2010-31732 2010-31733 2010-31739 National Oceanic National Oceanic and Atmospheric Administration RULES Inseason Orders: Fraser River Sockeye Salmon Fisheries, 78929-78931 2010-31757 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Special Subsistence Permits and Harvest Logs for Pacific Halibut in Waters off Alaska, 78973-78974 2010-31658 Applications for Permit Modifications: Endangered Species; File No. 10022, 78974 2010-31754 Applications: Endangered Species; File No. 15614, 78974-78975 2010-31748 Fisheries of South Atlantic and Gulf of Mexico: Southeast Data, Assessment, and Review 22 Gulf of Mexico Yellowedge Grouper and Tilefish, 78975 2010-31692 Meetings: New England Fishery Management Council, 78976 2010-31651 Navy Navy Department NOTICES Meetings:

Independent Panel to Review Judge Advocate Requirements, 78979 2010-31797 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Availability of the Models for Plant-Specific Adoption of Technical Specifications: Revise BWR Operability Requirements and Actions for RCS Leakage Instrumentation, 79048-79049 2010-31730 Final Regulatory Guide; Issuance, Availability, 79049 2010-31729 Issuance of Regulatory Guide, 79049-79050 2010-31731 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories:

Suppliers Declaration of Conformity, 79035-79048 2010-31695 Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79050-79052 2010-31662 2010-31664 2010-31665 2010-31667 2010-31668 Excepted Service, 79052-79053 2010-31661 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Clarification of the Fireworks Approvals Policy, 79085-79086 2010-31703 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 79053-79056 2010-31657 2010-31671 Postal Service Postal Service RULES Conduct on Postal Property, 78915-78916 2010-31775 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees;

Establishment, Renewal, Termination, etc.: Community Solutions, White House Council for; Establishment (EO 13560), 78875-78876 2010-31878 Public Debt Public Debt Bureau See Fiscal Service Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79056 2010-31795 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 79058-79060 2010-31683 Municipal Securities Rulemaking Board, 79061-79063 2010-31685 NASDAQ Stock Market LLC, 79056-79058 2010-31682 New York Stock Exchange LLC, 79060-79061 2010-31684 Small Business Small Business Administration NOTICES Disaster Declarations:

Maryland, 79063-79064 2010-31678 Massachusetts, 79064 2010-31676 Mississippi, 79064 2010-31677 Exemptions: Small Business Investment Act, Conflicts of Interest; Emergence Capital Partners SBIC, L.P., 79065 2010-31675 Social Social Security Administration NOTICES Privacy Act; Systems of Records, 79065-79068 2010-31700 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Employment, 79068-79069 2010-31760 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79011-79012 2010-31721 2010-31722 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemption: Mohall Central Railroad, Inc.; Cavalier County; ND, 79086-79087 2010-31728 Trade Representative Trade Representative, Office of United States NOTICES Anti-Counterfeiting Trade Agreements: Request for Comments from Public, 79069-79070 2010-31763 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, etc., 79070-79071 2010-31713 2010-31714 2010-31715 2010-31716 2010-31718 Aviation Proceedings, Agreements filed the week ending November 6, 2010, 79071 2010-31704 Aviation Proceedings, Agreements filed the week ending October 30, 2010, 79071-79072 2010-31706 Funding Availabilities:

Small Business Transportation Resource Center Program, 79072-79077 2010-31719 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Fiscal Service See Internal Revenue Service PROPOSED RULES Department of the Treasury Acquisition Regulation, 78953-78964 2010-30528 Veteran Affairs Veterans Affairs Department RULES Payment for Inpatient and Outpatient Health Care Professional Services at Non-Departmental Facilities, etc., 78901-78915 2010-31629 NOTICES Fund Availability Under the Supportive Services for Veteran Families Program, 79087-79090 2010-31742 Western Western Area Power Administration NOTICES Allocation Procedures and Call for Applications:

Post 2014 Resource Pool Loveland Area Projects, 78988-78992 2010-31749 Separate Parts In This Issue Part II Environmental Protection Agency, 79092-79171 2010-30286 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 79174-79259 2010-31543 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. 75 242 Friday, December 17, 2010 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1600, 1604, 1650, 1651, and 1690 Employee Contribution Elections and Contribution Allocations;

Uniformed Services Accounts; Methods of Withdrawing Funds From the Thrift Savings Plan; Death Benefits; Thrift Savings Plan AGENCY: Federal Retirement Thrift Investment Board. ACTION: Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending its regulations to establish procedures to maintain beneficiary participant accounts for spouse beneficiaries in accordance with the Thrift Savings Plan Enhancement Act of 2009. DATES: This final rule is effective December 20, 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 November 10, 2010 (75 FR 69026). The Agency received two comments. Both commenters recommended changes to the Agency's regulations. However, each of the recommendations offered by the commenters are either outside the scope of this proposed rule or would result in a change that is beyond the authority granted by the Thrift Savings Plan Enhancement Act of 2009 (“the Act”), Public Law 111-31 (Division B, Title I), 123 Stat. 1776, 1853.

Therefore, the Agency is publishing the proposed rule as final without substantive modification. Congressional Authorization for Beneficiary Participant Accounts Currently, a spouse beneficiary of a TSP participant must either transfer his or her TSP death benefit payment to another eligible employer plan or individual retirement account (IRA), or receive the payment immediately. Subject to certain restrictions on contributions, loans, and withdrawal elections, the Act authorizes the Agency to allow a spouse of a deceased participant to retain a lump sum death benefit payment in the TSP.

This final rule conforms the Agency's regulations to the Act and sets forth the rules and limitations applicable to beneficiary participant accounts. Establishing a Beneficiary Participant Account The Agency will automatically establish a beneficiary participant account upon identifying a deceased participant's spouse as a sole or partial beneficiary eligible for a lump sum death benefit payment. Consistent with its treatment of accounts of participants who have separated from Federal service, the Agency will not maintain a beneficiary participant account if the balance of the beneficiary participant account is less than $200 on the date the account is established.

The Agency also will not transfer this de minimus amount to another eligible plan or pay it by electronic funds transfer. Instead the TSP will make an immediate distribution to the spouse in the form of a U.S. Treasury check. A civilian beneficiary participant account is a beneficiary participant account that is established with a death benefit payment from a civilian TSP participant account to which contributions were made by or on behalf of a civilian employee ( *i.e.,* a civilian TSP participant account).

A uniformed services beneficiary participant account is a beneficiary participant account that is established with a death benefit payment from a TSP participant account to which contributions were made by or on behalf of a member of the uniformed services ( *i.e.,* a uniformed services TSP participant account). Consistent with its treatment of accounts of participants who have both civilian accounts and uniformed services accounts, the TSP will maintain civilian beneficiary participant accounts separate from uniformed services beneficiary participant accounts.

Beneficiary participants who acquire both a uniformed services participant account and a civilian beneficiary participant account will receive two separate TSP account numbers; one for the civilian beneficiary participant account and one for the uniformed services beneficiary participant account. Initial Account Balance Allocation Upon notice of a participant's death, the Agency currently transfers all funds in a deceased participant's account to the Government Securities Investment

(G)Fund. This practice protects the account balance from risk of incurring market-driven losses between the time the Agency receives notice of the participant's death and the time the Agency makes a distribution to a beneficiary. The Agency will continue this practice for beneficiaries who are spouses. Therefore, regardless of the allocation of the participant's account balance at the time of his or her death, funds in a beneficiary participant account will initially be allocated entirely to the G Fund. Once a beneficiary participant account is established, the spouse beneficiary may redistribute the beneficiary participant account balance among the TSP investment funds by making an interfund transfer. Withdrawal Options A spouse beneficiary will be afforded the same withdrawal options with respect to his or her beneficiary participant account that the participant would have had with respect to his or her TSP account if the participant was living and separated from service. Accordingly, a spouse beneficiary may elect to withdraw all or a portion of his or her beneficiary participant account as a partial payment or as a full withdrawal, that is in a single payment, a series of monthly payments, a life annuity, or any combination of these options. The spouse beneficiary cannot request loans, age-based withdrawals, or financial hardship withdrawals. Required Minimum Distributions The Internal Revenue Code requires spouse beneficiaries to receive a portion of their beneficiary participant account on or before the later of—(1) The end of the calendar year immediately following the calendar year in which the participant died; or

(2)The end of the calendar year in which the employee would have attained age 70 1/2 . The Agency will ensure that the annual total payments satisfy any applicable minimum distribution requirement of the Internal Revenue Code by making a supplemental payment, if necessary. The Agency will calculate minimum distributions based on the beneficiary participant account balance and the beneficiary participant's age, using the IRS Single Life Table, Treas. Reg. § 1.401(a)(9)-9, Q&A 1. Spousal Rights After Remarriage Sections 8351 and 8435, Title 5 of the United States Code give certain rights to the spouses of participants. These spousal rights are not applicable to the spouse of a beneficiary participant. Thus, if a beneficiary participant remarries, his or her new spouse will not have the right to consent, notice, or any particular form of distribution ( *e.g.* joint and survivor annuity) with respect to withdrawals from the beneficiary participant account. Contributions, Transfers, and Rollovers to Beneficiary Participant Accounts The Thrift Savings Plan Enhancement Act of 2009 prohibits a spouse beneficiary from making contributions or “transfers” (trustee-to-trustee transfers or rollovers) to a beneficiary participant account. Accordingly, the Agency cannot accept a contribution allocation request from a spouse beneficiary and a spouse beneficiary cannot transfer or roll over any distributions from an IRA or an eligible employer plan into a beneficiary participant account. A beneficiary participant may acquire multiple civilian beneficiary participant accounts and/or multiple uniformed services beneficiary participants if he or she remarries a Federal employee who then dies having designated him or her as a beneficiary. Beneficiary participant accounts cannot be combined since combining accounts requires a transfer from one beneficiary participant account to another. Transfers and Rollovers From Beneficiary Participant Accounts A spouse beneficiary may transfer or roll over all or a portion of an eligible rollover distribution (within the meaning of Internal Revenue Code section 402(c)(4)) to a traditional IRA, Roth IRA, or eligible employer plan. A spouse beneficiary who is a current or former Federal employee may also transfer or roll over all or a portion of an eligible rollover distribution from a civilian beneficiary participant account into his or her own civilian or uniformed services TSP participant account. A spouse beneficiary who is a current or former Federal employee may, likewise, transfer or roll over all or a portion of an eligible rollover distribution from a uniformed services beneficiary participant account into a civilian or uniformed services TSP participant account. However, a transfer of a uniformed services beneficiary participant account to a civilian TSP participant account cannot include tax-exempt money attributable to the combat zone exclusion. Any tax-exempt money must remain in the uniformed services beneficiary account unless it is transferred or rolled over to an IRA or it is transferred directly to a uniformed services TSP participant account or other eligible employer plan that accepts tax-exempt money. As currently written, the Agency's regulations prohibit participants from requesting incoming transfers or rollovers if they are receiving monthly payments from their TSP accounts. For this reason, a spouse beneficiary who is a current or former Federal employee would not be permitted to transfer an eligible rollover distribution from a beneficiary participant account to his or her own TSP participant account if he or she is receiving monthly payments from that account. This final rule removes the above described limitation on incoming transfers and rollovers. Thus, a spouse beneficiary will be permitted to transfer or roll over all or a portion of an eligible rollover distribution from his or her beneficiary participant account to his or her own TSP participant account even if he or she is receiving monthly payments. Combining a Uniformed Services Beneficiary Participant Account and a Civilian Beneficiary Participant Account Not Permitted The Agency's regulations currently provide that a participant may combine his or her uniformed services account with a civilian account through a “transfer.” *See* 5 CFR 1604.5(b). Even in the absence of this regulatory language, combining accounts would, as a practical matter, require that one account be transferred to the other. Because the Thrift Savings Plan Enhancement Act prohibits contributions or transfers to a beneficiary participant account, a spouse beneficiary cannot combine his or her uniformed services beneficiary participant account with his or her civilian beneficiary participant account. Death of a Beneficiary Participant The balance of a beneficiary participant account must be disbursed upon the death of the beneficiary participant. A beneficiary participant may designate a beneficiary for his or her beneficiary participant account. If the beneficiary participant does not designate a beneficiary for his or her beneficiary participant account, the account will be disbursed in accordance with the order of precedence set forth at 5 CFR 1651(a)(2)-(6). No individual who is entitled to a death benefit from a beneficiary participant account shall be eligible to keep his or her benefit in the TSP. A recipient of a death benefit payment from a beneficiary participant account cannot transfer the payment to an IRA or eligible retirement plan (including the TSP). The Internal Revenue Code permits death benefit distributions to be rolled over only when the distribution is “ *paid to the spouse of the employee”* or the “ *designated beneficiary (as defined by section 401(a)(9)(E)) of the* *employee.”* 26 U.S.C. 402(c)(9) (emphasis added); 26 U.S.C. 402(c)(11) (emphasis added). Because a beneficiary participant is not the employee, the TSP must pay the recipient of the death benefit payment directly and the payment will be fully taxable to that individual in the year of distribution. 26 U.S.C. 402(a). 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. It will also affect their spouse beneficiaries. 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. 804(2). List of Subjects 5 CFR Part 1600 Government employees, Pensions, Retirement. 5 CFR Part 1604 Military personnel, Pensions, Retirement. 5 CFR Part 1650 Alimony, Claims, Government employees, Pensions, Retirement. 5 CFR Part 1651 Claims, Government employees, Pensions, Retirement. 5 CFR Part 1690 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 chapter VI 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. Amend § 1600.31, by revising paragraph

(a)to read as follows: § 1600.31 Accounts eligible for transfer.

(a)A participant who has an open TSP account and is entitled to receive (or receives) an eligible rollover distribution, within the meaning of I.R.C. section 402(c)(4) (26 U.S.C. 402(c)(4)), from an eligible employer plan or a rollover contribution, within the meaning of I.R.C. section 408(d)(3) (26 U.S.C. 408(d)(3)), from a traditional IRA may cause to be transferred (or transfer) that distribution into his or her TSP account. PART 1604—UNIFORMED SERVICES ACCOUNTS 3. The authority citation for part 1604 continues to read as follows: Authority: 5 U.S.C. 8440e, 8474(b)(5) and (c)(1). 4. Revise § 1604.8 to read as follows: § 1604.8 Death benefits. The account balance of a deceased service member will be paid as described at 5 CFR part 1651. If a service member account contains combat zone contributions, the death benefit payment will be made pro rata from all sources. PART 1650—METHODS OF WITHDRAWING FUNDS FROM THE THRIFT SAVINGS PLAN 5. The authority citation for part 1650 continues to read as follows: Authority: 5 U.S.C. 8351, 8433, 8434, 8435, 8474(b)(5), and 8474(c)(1). 6. Amend § 1650.13, by removing paragraph (f). PART 1651—DEATH BENEFITS 7. Revise the authority citation for part 1651 to read as follows: Authority: 5 U.S.C. 8424(d), 8432(j), 8433(e), 8435(c)(2), 8474(b)(5), 8474(c)(1), and Sec. 109, Pub. L. 111-31,123 Stat. 1176 (5 U.S.C. 8433(e)). 8. Amend § 1651.5, by revising paragraph

(a)to read as follows: § 1651.5 Spouse of participant.

(a)For purposes of payment under § 1651.2(a)(2) and establishment of beneficiary participant accounts under § 1651.19, the spouse of the participant is the person to whom the participant was married on the date of death. A person is considered to be married even if the parties are separated, unless a court decree of divorce or annulment has been entered. The state law of the participant's domicile will be used to determine whether the participant was married at the time of death. 9. Amend § 1651.14, by revising paragraph

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

(c)*Payment to the participant's spouse.* The Agency will automatically establish a beneficiary participant account (described in § 1651.19) for any spouse beneficiary. The Agency will not maintain a beneficiary participant account if the balance of the beneficiary participant account is less than $200 on the date the account is established. The Agency also will not transfer this amount to another eligible plan or pay it by electronic funds transfer. Instead the spouse will receive an immediate distribution in the form of a check. 10. Add § 1651.19 to read as follows: § 1651.19 Beneficiary participant accounts. A beneficiary participant account may be established only for a spouse of a deceased participant who is a sole or partial beneficiary of the deceased participant's TSP account. Beneficiary participant accounts are subject to the following rules and procedures:

(a)*Initial investment allocation.* Regardless of the allocation of the deceased participant's account balance at the time of his or her death, each beneficiary participant account will be initially allocated 100 percent to the Government Securities Investment

(G)Fund. A beneficiary participant may redistribute his or her beneficiary participant account balance among the TSP investment funds by making an interfund transfer request described in part 1601, subpart C of this chapter.

(b)*Contributions.* A beneficiary participant may not make contributions or transfers to his or her beneficiary participant account. The TSP will not accept a contribution allocation request described in part 1601, subpart B of this chapter for a beneficiary participant account.

(c)*Required minimum distributions.*

(1)A beneficiary participant must begin receiving annual distributions from his or her beneficiary participant account balance on or before the later of -

(i)The end of the calendar year immediately following the calendar year in which the participant died; or

(ii)The end of the calendar year in which the participant would have attained age 70 1/2 .

(2)The TSP will ensure that the amount of the beneficiary participant's annual distributions that occur after the required minimum distribution date satisfy the applicable minimum distribution requirements of the Internal Revenue Code. The TSP will calculate minimum distributions based on the beneficiary participant account balance and the beneficiary participant's age, using the IRS Single Life Table, 26 CFR 1.401(a)(9)-9, Q&A-1.

(d)*Withdrawal elections.* A beneficiary participant may elect any withdrawal option is available to separated participants. The provisions of § 1650.12, § 1650.13, and § 1650.14 shall apply as if all references to a participant are references to a beneficiary participant and all references to an account balance are references to a beneficiary participant account balance.

(e)*Ineligibility for certain withdrawals.* A beneficiary participant is ineligible to request the following types of withdrawals from his or her beneficiary participant account: Age-based withdrawals described in § 1650.31 of this chapter, financial hardship withdrawals described in § 1650.32 of this chapter, or loans described in part 1655 of this chapter. A beneficiary participant will not be ineligible for a partial withdrawal because the deceased participant previously elected an age-based withdrawal.

(f)*Spousal rights.* The spousal rights described in 5 U.S.C. 8351, 5 U.S.C. 8435, and § 1650.61 of this chapter do not apply to beneficiary participant accounts.

(g)*Transfers.* A beneficiary participant may request that the TSP transfer all or a portion of an eligible rollover distribution (within the meaning of I.R.C. section 402(c)(4)) from his or her beneficiary participant account to traditional IRA, Roth IRA or eligible employer plan (including a civilian or uniformed services TSP account other than a beneficiary participant account). In order to request such a transfer, the beneficiary participant must use the transfer form provided by the TSP.

(h)*Periodic statements.* The TSP will furnish beneficiary participants with periodic statements in a manner consistent with part 1640 of this chapter.

(i)*Privacy Act.* Part 1630 of this chapter shall apply with respect to a beneficiary participant as if the beneficiary participant is a TSP participant.

(j)*Error correction.* If, because of an error committed by the Board or the TSP record keeper, a beneficiary participant's account is not credited or charged with the investment gains or losses the account would have received had the error not occurred, the account will be credited subject to and in accordance with the rules and procedures set forth in § 1605.21. A beneficiary participant may submit a claim for correction of Board or TSP record keeper error pursuant to the procedures described in § 1605.22.

(k)*Court orders.* Court orders relating to a civilian beneficiary participant account or uniformed services beneficiary participant account shall be processed pursuant to the procedures set forth in part 1653 of this chapter as if all references to a TSP participant are references to a beneficiary participant and all references to a TSP account or account balance are references to a beneficiary participant account or beneficiary participant account balance. Notwithstanding any provision of part 1653, a payee of a court-ordered distribution from a beneficiary participant account cannot request a transfer of the court-ordered distribution to an eligible employer plan or IRA.

(l)*Death of beneficiary participant.* To the extent it is not inconsistent with this § 1651.19, a beneficiary participant account shall be disbursed upon the death of the beneficiary participant in accordance with part 1651 as if any reference to a participant is a reference to a beneficiary participant. For example, a beneficiary participant may designate a beneficiary for his or her beneficiary participant account in accordance with § 1651.3 and § 1651.4 of this chapter. No individual who is entitled to a death benefit from a beneficiary participant account shall be eligible to keep the death benefit in the TSP or request that the TSP transfer all or a portion of the death benefit to an IRA or eligible employer plan.

(m)*Uniformed services beneficiary participant accounts.* Uniformed services beneficiary participant accounts are subject to the following additional rules and procedures:

(1)Uniformed services beneficiary participant accounts are established and maintained separately from civilian beneficiary participant accounts. Beneficiary participants who have a uniformed services beneficiary participant account and a civilian beneficiary participant account will be issued two separate TSP account numbers. A beneficiary participant must file separate interfund transfers and/or withdrawal requests for each account and submit separate beneficiary designation forms for each account;

(2)A uniformed services beneficiary participant account and a civilian beneficiary participant account cannot be combined;

(3)If a uniformed services beneficiary participant account contains combat zone contributions, any payments or withdrawals from the account will be distributed *pro rata* from all sources;

(4)A beneficiary participant may transfer or roll over all or any portion of an eligible rollover distribution (within the meaning of I.R.C. section 402(c)(4)) from a uniformed services beneficiary participant account into a civilian or uniformed services TSP participant account. However, tax-exempt money attributable to combat zone contributions cannot be transferred from a uniformed services beneficiary participant account to a civilian TSP participant account.

(n)*Multiple beneficiary accounts.* Each beneficiary participant account is maintained separately from all other beneficiary participant accounts. If an individual has multiple beneficiary participant accounts, each of the individual's beneficiary participant accounts will have a unique account number. A beneficiary participant must file separate interfund transfers and/or withdrawal requests and submit separate beneficiary designation forms for each beneficiary participant account that the TSP maintains for him or her. A beneficiary participant account cannot be combined with another beneficiary participant account. PART 1690—THRIFT SAVINGS PLAN 11. The authority citation for part 1690 continues to read as follows: Authority: 5 U.S.C. 8474. 12. Amend § 1690.1, to add the definitions of “Beneficiary participant”, “Beneficiary participant account”, “Civilian beneficiary participant account”, and “Uniformed services beneficiary participant account”, and by revising the definitions of “Plan participant” and “Spouse” in alphabetical order to read as follows: § 1690.1 Definitions. *Beneficiary participant* means a spouse beneficiary for whom the TSP maintains a beneficiary participant account pursuant to 5 U.S.C. 8433(e) and in accordance with 5 CFR 1651.19. *Beneficiary participant account* means an account maintained pursuant to 5 U.S.C. 8433(e) and in accordance with 5 CFR 1651.19. The term includes both civilian beneficiary participant accounts and uniformed services beneficiary participant accounts. *Civilian beneficiary participant account* means a beneficiary participant account that is established with a death benefit payment from a TSP account to which contributions were made by or on behalf of a civilian employee. *Plan participant* or participant means any person with an account (other than a beneficiary participant account) in the Thrift Savings Plan or who would have an account (other than a beneficiary account) but for an employing agency error. *Spouse* means the person to whom a TSP participant is married on the date he or she signs a form on which the TSP requests spousal information, including a spouse from whom the participant is legally separated, and a person with whom the participant is living in a relationship that constitutes a common law marriage in the jurisdiction in which they live. Where a participant is seeking to reclaim an account that has been forfeited pursuant to 5 CFR 1650.16, spouse also means the person to whom the participant was married on the withdrawal deadline. For purposes of 5 CFR 1651.5 and 5 CFR 1651.19, spouse also means the person to whom the participant was married on the date of the participant's death. *Uniformed services beneficiary participant account* means a beneficiary participant account that is established with a death benefit payment from a TSP account to which contributions were made by or on behalf of a member of the uniformed services. [FR Doc. 2010-31656 Filed 12-16-10; 8:45 am]

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