Unknown. Interim final rule with request for comments

4,721 words·~21 min read·/register/2011/12/16/2011-32301

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-2011-12-16.xml --- 76 242 Friday, December 16, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Rural Utilities Service NOTICES Appointments to the National Agricultural Research, Extension, Education, and Economics Advisory Board, 78225 2011-32345 Animal Animal and Plant Health Inspection Service PROPOSED RULES Importation of Chinese Sand Pears From China, 78168-78172 2011-32320 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Citrus Greening and Asian Citrus Psyllid; Quarantine and Interstate Movement Regulations, 78228-78229 2011-32327 Emergency Management Response System, 78227-78228 2011-32315 Health Certificates for the Export of Live Crustaceans, Finfish, Mollusks, and Related Products, 78226-78227 2011-32312 Importation of Citrus From Peru, 78225-78226 2011-32310 Importation of Hass Avocados From Peru, 78229-78230 2011-32328 Importation of Peppers From Certain Central American Countries, 78231 2011-32324 Requirements for Requests To Amend Import Regulations, 78230 2011-32247 Authorization To Import Fresh Cape Gooseberry Fruit With Husks From Chile, 78231-78232 2011-32317 Determination of Nonregulated Status:

Monsanto Co., Soybean Genetically Engineered To Have a Modified Fatty Acid Profile, etc., 78232-78233 2011-32323 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Consumer Financial Protection RULES Disclosure Requirements for Depository Institutions Lacking Federal Deposit Insurance (Regulation I), 78126-78130 2011-31732 Fair Debt Collection Practices Act (Regulation F), 78121-78126 2011-31733 Mortgage Acts and Practices—Advertising (Regulation N);

Mortgage Assistance Relief Services (Regulation O), 78130-78138 2011-31731 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78261-78263 2011-32201 2011-32202 Meetings: Advisory Committee on Childhood Lead Poisoning Prevention, 78263 2011-32346 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Initial Review, 78263-78264 2011-32203 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78264-78267 2011-32290 2011-32294 2011-32296 Medicare and Medicaid Programs: Quarterly Listing of Program Issuances, July Through September 2011, 78267-78281 2011-32107 Medicare Program: First Meeting of the Advisory Panel on Hospital Outpatient Payment, etc., 78281-78282 2011-32298 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Care Quarterly Case Record Report, 78282-78283 2011-32242 Coast Guard Coast Guard RULES Drawbridge Operations:

Oakland Inner Harbor, Oakland, CA, 78153-78154 2011-32260 Safety Zones: Brandon Road Lock and Dam to Lake Michigan, 78161-78162 2011-32258 Eisenhower Expressway Bridge Rehabilitation Project; Chicago River South Branch, Chicago, IL, 78157-78159 2011-32227 New Year's Eve Fireworks Displays Within the Captain of the Port Miami Zone, FL, 78154-78156 2011-32352 Submarine Cable Installation Project; Chicago River South Branch, Chicago, IL, 78159-78161 2011-32229 Special Local Regulations:

Boca Raton Holiday Boat Parade, Intracoastal Waterway, Boca Raton, FL, 78151-78153 2011-32255 PROPOSED RULES Anchorage Regulations: Newport Bay Harbor, CA, 78185-78188 2011-32253 Reconsideration of Letters of Recommendation for Waterfront Facilities Handling LNG and LHG, 78188-78193 2011-32257 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78286-78290 2011-32231 2011-32232 2011-32233 Cooperative Research and Development Agreements: Usage of Biodiesel Fuel Blends Within Marine Inboard Engines, 78290-78292 2011-32230 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78236-78237 2011-32215 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 78248-78249 2011-32243 Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Dominican Republic-Central America-United States Free Trade Agreement: Determination Under the Textile and Apparel Commercial Availability Provision, 78249 2011-32274 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 78249-78250 2011-32348 Final Priority; Safe and Healthy Students Discretionary Grant Programs, 78250-78252 2011-32249 Energy Department Energy Department PROPOSED RULES Energy Conservation Program: Test Procedure and Energy Conservation Standard for Set-top Boxes and Network Equipment; Public Meeting, 78174-78180 2011-32325 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78252 2011-32251 Charter Renewals:

Nuclear Energy Advisory Committee, 78252 2011-32332 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans: Kentucky; Visibility Impairment Prevention for Federal Class I Areas; Removal of Federally Promulgated Provisions, 78162-78164 2011-32171 PROPOSED RULES Approval and Promulgation of Implementation Plans: Kentucky; Visibility Impairment Prevention for Federal Class I Areas; Removal of Federally Promulgated Provisions, 78193-78194 2011-32170 Approvals and Promulgations of Air Quality Implementation Plans:

Commonwealth of Kentucky; Regional Haze State Implementation Plan, 78194-78215 2011-32272 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 78252-78253 2011-32282 Final Affirmative Determination: New York State Prohibition of Discharges of Vessel Sewage, 78253-78256 2011-32276 Request for Nominations of Experts: Review of Approaches To Derive a Maximum Contaminant Level Goal for Perchlorate, 78256-78257 2011-32279 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Boeing Co. Model 777-200, -200LR, -300, and -300ER Series Airplanes, 78138-78141 2011-31893 Amendment of Class E Airspace: Anaktuvuk Pass, AK, 78144-78145 2011-32210 Pilot, Flight Instructor, and Pilot School Certification: Technical Amendment, 78141-78144 2011-32333 PROPOSED RULES Modification of Class E Airspace: Douglas, AZ, 78180-78181 2011-32209 NOTICES Access to Aircraft Situation Display to Industry and National Airspace System Status Information Data, 78328 2011-32237 Meetings:

Commercial Space Transporation Advisory Committee, 78329 2011-32212 Noise Exposure Maps: Martin County Airport, Stuart, FL, 78329-78330 2011-32213 Petitions for Exemption; Summaries of Petitions Received, 2011-32248 78330-78331 2011-32259 Federal Communications Federal Communications Commission PROPOSED RULES Connect America Fund; A National Broadband Plan for Our Future: Establishing Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support, 78384-78447 2011-31924 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 78257 2011-32470 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 78164-78167 2011-32335 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Jackson County, NC, 78331-78332 2011-32234 Final Federal Agency Actions on Proposed Highway in California, 78332 2011-32235 Federal Retirement Federal Retirement Thrift Investment Board RULES Correction of Administrative Errors;

Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts, 78093-78095 2011-32301 NOTICES Senior Executive Service Performance Review Board, 78257-78258 2011-32299 Federal Trade Federal Trade Commission NOTICES Consent Agreements: Valeant Pharmaceuticals International, Inc., 78258-78261 2011-32217 2011-32218 Federal Transit Federal Transit Administration NOTICES Limitation on Claims Against Proposed Public Transportation Project, 78332-78333 2011-32305 Fish Fish and Wildlife Service NOTICES Endangered Species;

Permit Applications, 78308-78309 2011-32208 Environmental Impact Statements; Availability, etc.: Hawaiian and Pacific Islands National Wildlife Refuge Complex, 78309-78311 2011-32222 Food and Drug Food and Drug Administration RULES Ophthalmic and Topical Dosage Form New Animal Drugs: Hydrocortisone Aceponate, Miconazole Nitrate, and Gentamicin Sulfate Otic Suspension, 78150 2011-32226 Oral Dosage Form New Animal Drugs: Estriol, 78149-78150 2011-32214 NOTICES Meetings: Anesthetic and Analgesic Drug Products Advisory Committee, 78283-78284 2011-32206 Pediatric Advisory Committee, 78284 2011-32205 Food and Nutrition Food and Nutrition Service RULES Applying for Free and Reduced Price Meals in National School Lunch and Breakfast Programs, etc.:

Correction; Technical Amendments, 78095-78096 2011-32199 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: WIC Breastfeeding Policy Inventory, 78233-78234 2011-32329 Foreign Assets Foreign Assets Control Office NOTICES Identification of Additional Entities Pursuant to Executive Order 13469, 78335-78336 2011-32321 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Mackey Road Relocation, Campbell County, WY, 78234-78235 2011-32200 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health PROPOSED RULES Organ Procurement and Transplantation Network, 78216-78224 2011-32204 Possession, Use, and Transfer of Select Agents and Toxins;

Biennial Review, 78215 2011-32361 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES Home Investment Partnerships Program: Improving Performance and Accountability; and Updating Property Standards, 78344-78382 2011-31778 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Housing Choice Voucher Program, 78292-78293 2011-32334 Resident Opportunities and Self-Sufficiency Program, 78293-78294 2011-32331 Federal Property Suitable as Facilities To Assist the Homeless, 78294-78300 2011-31977 Funding Awards:

Fiscal Year 2010 Mortgage Modification and Mortgage Scams Assistance Housing Counseling, 78300-78307 2011-32338 Requests for Nominations: Manufactured Housing Consensus Committee, 78307-78308 2011-32340 Industry Industry and Security Bureau RULES Addition of Certain Persons to Entity List and Implementation of Entity List Annual Review Changes, 78146-78149 2011-32341 Interior Interior Department See Fish and Wildlife Service See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service PROPOSED RULES Application of Segregation Rules to Small Shareholders:

Correction, 78182 2011-32313 Basis Reporting by Securities Brokers and Basis Determination for Debt Instruments and Options: Correction, 78182-78183 2011-32316 Section 67 Limitations on Estates or Trusts; Correction, 78183 2011-32280 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78336-78342 2011-32303 2011-32307 Meetings: Taxpayer Advocacy Panel Face-to-Face Service Methods Project Committee, 78342 2011-32311 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid From India, 78237-78240 2011-32262 Continuation of Antidumping Duty Orders: Gray Portland Cement and Clinker From Japan, 78240-78241 2011-32270 Limitation of Duty-free Imports of Apparel Articles Assembled in Haiti, 78241-78242 2011-32278 International Trade Com International Trade Commission NOTICES Investigations: Circular Welded Carbon-Quality Steel Pipe From India, Oman, United Arab Emirates, and Vietnam, 78313 2011-32223 Crystalline Silicon Photovoltaic Cells and Modules From China, 78313-78314 2011-32224 Justice Department Justice Department See Parole Commission NOTICES Lodging of Consent Decrees Under CERCLA, 78314 2011-32241 Lodging of Proposed Consent Decrees, 78314-78315 2011-32225 Labor Department Labor Department See Occupational Safety and Health Administration National Archives National Archives and Records Administration NOTICES Records Schedules;

Availability, 78315-78316 2011-32297 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 78316 2011-32302 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78333-78335 2011-32289 2011-32295 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2011-32306 78284-78285 2011-32314 National Heart, Lung, and Blood Institute, 78285 2011-32309 National Institute of Diabetes and Digestive and Kidney Diseases, 78286 2011-32300 National Institute on Aging, 78285-78286 2011-32304 National Oceanic National Oceanic and Atmospheric Administration NOTICES Applications:

Marine Mammals; File No. 14241, 78242 2011-32288 Endangered and Threatened Species; Take of Anadromous Fish, 78242-78243 2011-32286 Environmental Assessments, General Conservation Plans; Availability, etc.:, 78243-78245 2011-32287 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Gulf of Mexico Reef Fish Fishery; South Atlantic Snapper-Grouper Fishery, 78245-78246 2011-32273 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 78311-78312 2011-32211 Nuclear Regulatory Nuclear Regulatory Commission RULES U.S.

Advanced Boiling Water Reactor Aircraft Impact Design Certification Amendment, 78096-78121 2011-31906 PROPOSED RULES Options for Developing Regulatory Basis for Streamlining Non-Power Reactor License Renewal, etc.: Public Meeting, 78173-78174 2011-32389 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Procedures for Handling of Retaliation Complaints Under Sarbanes-Oxley Act of 2002: Correction, 78150-78151 2011-32095 Parole Parole Commission PROPOSED RULES Retrospective Review Under E.O. 13579, 78183-78185 2011-31758 Patent Patent and Trademark Office NOTICES Extension of the Extended Missing Parts Pilot Program, 78246-78247 2011-32330 Personnel Personnel Management Office NOTICES Excepted Service, 78316-78318 2011-32285 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 78318-78321 2011-32198 2011-32216 2011-32245 Presidential Documents Presidential Documents EXECUTIVE ORDERS Courts-Martial Manual, United States;

Amendments (EO 13593), 78449-78463 2011-32486 Rural Utilities Rural Utilities Service NOTICES Dairyland Power Cooperative: CapX 2020 Hampton-Rochester-La Crosse Transmission Line Project, 78235-78236 2011-32337 Securities Securities and Exchange Commission PROPOSED RULES Prohibition Against Conflicts of Interest in Certain Securitizations, 78181-78182 2011-32228 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 78321-78322 2011-32221 Self-Regulatory Organizations;

Proposed Rule Changes: NASDAQ OMX PHLX LLC, 78322-78325 2011-32220 NASDAQ Stock Market LLC, 78325-78327 2011-32238 State Department State Department NOTICES Meetings: Advisory Committee on International Communications and Information Policy, 78327-78328 2011-32318 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Action Subject to Intergovernmental Review, 78312 2011-32322 Surface Transportation Surface Transportation Board NOTICES Lease Amendment Exemptions:

North Carolina and Virginia Railroad Co., LLC and Norfolk Southern Railway Co., 78335 2011-32239 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board RULES Enhancing Airline Passenger Protections:

Limited Extension of Effect Date for Full Fare Price Advertising, 78145-78146 2011-32336 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II Housing and Urban Development Department, 78344-78382 2011-31778 Part III Federal Communications Commission, 78384-78447 2011-31924 Part IV Presidential Documents, 78449-78463 2011-32486 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. 76 242 Friday, December 16, 2011 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1605 and 1653 Correction of Administrative Errors; Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts AGENCY:

Federal Retirement Thrift Investment Board ACTION: Interim final rule with request for comments. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is issuing an interim final rule to amend its regulations governing back pay awards and retirement benefits court orders. This rule clarifies that the regulations governing a participant's options for electing makeup contributions when he or she receives a back pay award or other retroactive pay adjustment apply when the back pay award or other retroactive pay adjustment is for a period during which the participant was not appointed to a position that is covered by FERS, CSRS, or an equivalent system under which TSP participation is authorized.

This rule also clarifies that an attorney is not a permissible payee for a retirement benefits court order or legal process affecting the Thrift Savings Plan and ensures that the date used to compute earnings on a court-ordered distribution amount is the same as the date used to compute the payee's entitlement. DATES: This interim final rule is effective December 16, 2011. Comments should be received on or before January 17, 2012. ADDRESSES: You may submit comments using one of the following methods: • *Mail:* Office of General Counsel, Attn:

Thomas Emswiler, Federal Retirement Thrift Investment Board, 1250 H Street NW., Washington, DC 20005. • *Hand Delivery/Courier:* The address for sending comments by hand delivery or courier is the same as that for submitting comments by mail. • *Facsimile:* Comments may be submitted by facsimile at

(202)942-1676. The most helpful comments explain the reason for any recommended change and include data, information, and the authority that supports the recommended change. 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)). Back Pay Awards and Other Retroactive Pay Adjustments Section 1605.13 of the Agency's regulations (5 CFR 1605.13) governs a participant's options for electing makeup contributions when he or she receives a back pay award or other retroactive pay adjustment. Paragraph

(a)of section 1605.13 governs situations in which a participant was separated from Government service and subsequently reinstated. This interim final rule clarifies that paragraph

(a)of section 1605.13 also governs situations in which an individual was not appointed to a position that is covered by FERS, CSRS, or an equivalent system under which TSP participation is authorized and was subsequently appointed to such position. This rule also changes each occurrence of the term “Government employment” in section 1605.13 to the term “Government service.” This revision is non-substantive. It is intended to make the terminology in section 1605.13 consistent with the terminology in section 1690.1 of the Agency's regulations. Retirement Benefits Court Order Payments to Attorneys Section 1653.5 of the Agency's regulations (5 CFR 1653.5) contains the Agency's procedures for making retirement benefits court order payments. Paragraph

(g)of section 1653.5 provides that the TSP will honor an order that awards multiple payees. It further provides that if the order does not specify an order of precedence for the payments, the TSP will pay a current or former spouse first, a dependent second, and an attorney third. However, in 2004 the Agency amended Part 1653 to remove language that permitted an attorney to receive a payment pursuant to a retirement benefits court order. *See* 69 FR 18294 (April 7, 2004). The Agency determined that “the security of a participant's immediate family is better preserved by conforming the TSP to the private sector practice of limiting court order payees to the participant's immediate family members, not by making tax-deferred retirement savings available for the payment of legal fees.” *Id.* Accordingly, this interim final rule removes the residual reference to attorneys in section 1653.5(g). It also amends an incorrect citation in paragraph

(a)of section 1653.11. Calculating Earnings on Court-Ordered Amounts Section 1653.4 of the Agency's regulations (5 CFR 1653.4) provides that a payee's entitlement under a retirement benefits court order will be credited with TSP investment earnings only if the court order expressly provides for earnings. Paragraphs

(b)and

(c)of section 1653.4 provide the date on which a payee's court-ordered award amount is calculated. If the court order awards a percentage or fraction of an account as of a specific date, the payee's entitlement is calculated based on the account balance as of that date. 5 CFR 1653.4(b). If the court order awards a percentage or fraction of an account but does not contain a specific date as of which to apply that percentage or fraction, the payee's entitlement is calculated based on the account balance as of the effective date of the court order. 5 CFR 1653.4(c). Subparagraph (f)(3) of section 1653.4 describes how the TSP credits a payee's entitlement with investment earnings when a court order awards earnings. If the court order does not specify an annual percentage rate or a *per diem* dollar amount to be added to the payee's entitlement, the TSP must calculate the earnings amount to be awarded by:

(i)Determining the payee's award amount (e.g., the percentage or fraction of the participant's account);

(ii)Determining, based on the participant's investment allocation as of the effective date of the court order, the number and composition of shares that the court-ordered award amount would have purchased as of the effective date; and

(iii)Multiplying the price per share as of the payment date by that number and composition of shares. 5 CFR 1653.4(f)(3). Determining the number and composition of shares as of the effective date of the court order, and not a later date, protects the payee from investment decisions made by the participant after the effective date of the court order. However, it fails to protect the payee from investment decisions made by the participant when the date used to calculate the payee's entitlement under section 1653.4(b) is earlier than the effective date of the court order. When the date used to calculate the payee's entitlement under section 1653.4(b) is earlier than the effective date of the court order, the current regulatory language appears to permit the TSP record keeper to either

(1)reject the court order because it purports to require the TSP to calculate earnings in a manner that is inconsistent with its regulations, or

(2)calculate the payee's entitlement amount using the date specified in the court order and calculate the amount of any earnings on that entitlement using the later effective date of the court order. The latter approach would result in a period of time between the date specified in the court order and the effective date of the court order during which the payee's entitlement may be affected by investment decisions made by the participant. This interim final rule remedies this shortcoming by replacing the references in 5 CFR 1653.4(f)(3)(ii) to “the effective date of the court order” with “the date used to calculate the entitlement.” It also amends section 1653.2(b) to provide that a retirement benefits court order is not qualifying if it requires the TSP to calculate the payee's entitlement or earnings in a manner that is inconsistent with section 1653.4. This interim final rule ensures that the date used to compute earnings on a court-ordered distribution amount will always be the same as the date used to compute the payee's entitlement. It also makes it clear that a court order that provides otherwise will be rejected as a non-qualifying court order. Interim Final Rule and Request for Comments Under section 553(b) of the Administrative Procedure Act

(APA)(5 U.S.C. 551 *et seq.* ) a general notice of proposed rulemaking is not required when an agency, for good cause, finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest. The Agency has determined that the revisions to sections 1605.13, regarding back pay awards, and 1653.4, regarding payments to attorneys, do not require prior notice and public comment because they merely clarify currently existing rules. The Agency receives many retirement benefits court orders that award earnings to the payee as of a specified date which is earlier than the effective date of the court order. Under the Agency's regulations as they are currently written, it is unclear to the public whether the Agency will reject those court orders because they are non-qualifying, process them pursuant to the language of the court order, or process them by calculating earnings as of the effective date of the court order. Immediate guidance on this matter is necessary to ensure that individuals who draft retirement benefits court orders can do so without uncertainty regarding the consequences of the court order's language. The Agency encourages public comments on this interim final rule. The Agency will consider post-effective public comments, will modify the rule in light of those comments, and will then adopt a final rule. 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 individuals who receive a back pay award or other retroactive pay adjustment in connection with a Federal agency's failure to appoint that individual to a position that is covered by FERS, CSRS, or an equivalent system under which TSP participation is authorized. It will also affect spouses, former spouses, children, or dependents of TSP participants who become entitled to a portion of the participant's account pursuant to a qualifying retirement benefits court order. 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 1605 Claims, Government employees, Pensions, Retirement. 5 CFR Part 1653 Alimony, Child support, Claims, 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 1605—CORRECTION OF ADMINISTRATIVE ERRORS 1. Revise the authority citation for part 1605 to read as follows: Authority: 5 U.S.C. 8351, 8432a, and 8474(b)(5) and (c)(1). Subpart B also issued under section 1043(b) of Public Law 104-106, 110 Stat. 186 and sec. 7202(m)(2) of Public Law 101-508, 104 Stat. 1388. 2. Amend § 1605.13 by revising paragraphs

(a)introductory text, (a)(1) and (2),

(b)introductory text, and the first sentence of paragraph

(d)to read as follows: § 1605.13 Back pay awards and other retroactive pay adjustments.

(a)*Participant not employed.* The following rules apply to participants who receive a back pay award or other retroactive pay adjustment for a period during which the participant was separated from Government service or was not appointed to a position that is covered by FERS, CSRS, or an equivalent system under which TSP participation is authorized:

(1)If the participant is reinstated or retroactively appointed to a position that is covered by FERS, CSRS, or an equivalent system under which TSP participation is authorized, immediately upon reinstatement or retroactive appointment the employing agency must give the participant the opportunity to submit a contribution election to make current contributions. The contribution election will be effective as soon as administratively feasible, but no later than the first day of the first full pay period after it is received.

(2)The employing agency must give a reinstated or retroactively appointed participant the following options for electing makeup contributions:

(i)The reinstated or retroactively appointed participant may submit a new contribution election for purposes of makeup contributions if he or she would have been eligible to make such an election but for the erroneous separation or erroneous failure to appoint; or

(ii)If a reinstated participant had a contribution election on file when he or she separated, the contribution election the participant had on file when he or she separated may be reinstated for purposes of makeup contributions.

(b)*Participant employed.* The following rules apply to participants who receive a back pay award or other retroactive pay adjustment for a period during which the participant was employed in a position that is covered by FERS, CSRS, or an equivalent system under which TSP participation is authorized:

(d)*Prior withdrawal of TSP account.* If a participant has withdrawn his or her TSP account other than by purchasing an annuity, and the separation from Government service upon which the withdrawal was based is reversed, resulting in reinstatement of the participant without a break in service, the participant will have the option to restore the amount withdrawn to his or her TSP account.* * * PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS 3. The authority citation for part 1653 continues to read as follows: Authority: 5 U.S.C. 8435, 8436(b), 8437(e), 8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1). 4. Amend § 1653.2 by adding paragraph (b)(6) to read as follows: § 1653.2 Qualifying retirement benefits court orders.

(b)* * *

(6)An order that requires the TSP to calculate the payee's entitlement or earnings in a manner that is inconsistent with § 1653.4 of this part. 5. Amend § 1653.4 by revising paragraph (f)(3)(ii) to read as follows: § 1653.4 Calculating entitlements.

(f)* * *

(3)* * *

(ii)Determining, based on the participant's investment allocation as of the date used to calculate the entitlement, the number and composition of shares that the payee's award amount would have purchased as of the date used to calculate the entitlement. 6. Amend § 1653.5 by revising paragraph (g)(2) to read as follows: § 1653.5 Payment.

(g)* * *

(2)If the order does not specify an order of precedence for the payments, the TSP will pay a current or former spouse first and a dependent second. 7. Amend 1653.11 by revising paragraph

(a)to read as follows: § 1653.11 Definitions.

(a)Definitions generally applicable to the Thrift Savings Plan are set forth at 5 CFR 1690.1. [FR Doc. 2011-32301 Filed 12-15-11; 8:45 am]

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