Unknown. Interim final rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-09-20.xml --- 78 183 Friday, September 20, 2013 Contents Agriculture Agriculture Department See Forest Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Viticultural Areas; Establishment: Adelaida, Creston, El Pomar, Paso Robles Estrella, Paso Robles Geneseo Districts, etc., 58050-58087 2013-22528 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Obtaining Final Medicare Secondary Payer Conditional Payment Amounts via Web Portal, 57800-57806 2013-22934 NOTICES Medicare and Medicaid Programs: Application from Compliance Team for Initial Approval of Rural Health Clinic Accreditation Program, 57857-57858 2013-22849 Chemical Chemical Safety and Hazard Investigation Board NOTICES Changes in Membership: Senior Executive Service Performance Review Board, 57837 2013-22943 Children Children and Families Administration NOTICES Meetings:

Tribal Consultation, 57858-57859 2013-22950 Coast Guard Coast Guard RULES Safety Zones: Pro Hydro-X Tour, Atlantic Ocean, Islamorada, FL, 57796-57798 2013-22905 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 57844 2013-22888 Comptroller Comptroller of the Currency PROPOSED RULES Credit Risk Retention, 57928-58048 2013-21677 Consumer Product Consumer Product Safety Commission PROPOSED RULES Participation and Employee Involvement in Voluntary Standards Activities, 57818-57822 2013-22805 Corporation Corporation for National and Community Service NOTICES Meetings; Sunshine Act, 57844-57845 2013-22954 Defense Department Defense Department See Navy Department NOTICES Environmental Assessments;

Availability, etc.: Strategic Network Optimization Program, 57845 2013-22907 Education Department Education Department RULES Program Integrity Issues, 57798-57799 2013-22935 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fund for the Improvement of Post Secondary Education Annual and Final Performance Reports, 57846-57847 2013-22892 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES National Oil and Hazardous Substances Pollution Contingency Plan:

National Priorities List; Withdrawal, 57799 2013-22851 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Environmental Impact Assessment of Nongovernmental Activities in Antarctica, 57847-57849 2013-22927 California State Nonroad Engine Pollution Control Standards: Off-road Compression Ignition Engines—In-Use Fleets, 58090-58121 2013-22930 Environmental Impact Statements; Availability, 57849 2013-22963 Product Cancellation Order for Certain Pesticide Registrations, 57850-57852 2013-22847 Settlements:

Warrior Rosin Spill Superfund Site, Holt, Tuscaloosa County, AL, 57852 2013-22928 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, 57852-57853 2013-22900 2013-22903 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: AgustaWestland S.p.A. Helicopters, 57786-57788 2013-22547 Airbus Airplanes, 57784-57786 2013-22542 Amendment of Class E Airspace:

Everett, WA, 57788-57789 2013-22818 Establishment and Modification of Class E Airspace: Oakland, CA, 57789-57790 2013-22819 Prohibition on the Operation of Jets Weighing 75,000 Pounds or Less That Are Not Stage 3 Noise Compliant, 57790 2013-22850 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Credit Risk Retention, 57928-58048 2013-21677 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 57847 2013-22937 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Credit Risk Retention, 57928-58048 2013-21677 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Lease and Interchange of Vehicles:

Motor Carriers of Passengers, 57822-57835 2013-22782 Federal Reserve Federal Reserve System PROPOSED RULES Credit Risk Retention, 57928-58048 2013-21677 NOTICES Changes in Bank Control: Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 57853 2013-22843 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 57854 2013-22844 2013-22921 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 57854 2013-22922 Federal Retirement Federal Retirement Thrift Investment Board RULES Implementation of United States v.

Windsor, 57783-57784 2013-22898 PROPOSED RULES Aged Beneficiary Designation Forms, 57807-57808 2013-22894 Federal Trade Federal Trade Commission PROPOSED RULES Rules and Regulations under the Wool Products Labeling Act of 1939, 57808-57818 2013-22919 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Final Frameworks for Late Season Migratory Bird Hunting Regulations, 58124-58148 2013-22870 NOTICES Environmental Assessments; Availability, etc.: DeSoto and Boyer Chute National Wildlife Refuges;

Washington County, NE, and Harrison and Pottawattamie Counties, IA, 57876-57877 2013-22956 Draft Southeast Missouri Ozarks Regional Restoration Plan, 57875-57876 2013-22953 Food and Drug Food and Drug Administration NOTICES Draft Guidance for Industry; Availability: Endocrine Disruption Potential of Drugs; Nonclinical Evaluation, 57859-57860 2013-22864 Foreign Trade Foreign-Trade Zones Board NOTICES Establishment of a Foreign-Trade Zones: Tunica County, MS, 57837-57838 2013-22949 Production Activity Authorizations:

AGFA Materials Corp., Foreign-Trade Zone 21, Dorchester County, SC, 57838 2013-22945 Site Renumbering: Foreign-Trade Zone 15, Kansas City, MO Area, 57838 2013-22942 Forest Forest Service NOTICES Meetings: Ravalli County Resource Advisory Committee, 57837 2013-22901 Geological Geological Survey NOTICES Meetings: National Cooperative Geologic Mapping Program and National Geological and Geophysical Data Preservation Program Advisory Committee, 57877 2013-22906 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES System for Locating People Using Electricity Dependent Medical Equipment During Public Health Emergencies Ideation Challenge:

Requirements and Registration, 57855-57857 2013-22854 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department PROPOSED RULES Credit Risk Retention, 57928-58048 2013-21677 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: HUD-Owned Real Estate - Sales Contract and Addendums, 57873-57874 2013-22948 Federal Property Suitable as Facilities to Assist the Homeless, 57874-57875 2013-22584 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau International Trade Adm International Trade Administration RULES Extension of Time Limits, 57790-57796 2013-22853 NOTICES North American Free Trade Agreement Binational Panel Reviews, 57838-57839 2013-22713 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations;

Results, Extensions, Amendments, etc.: Monosodium Glutamate from China and Indonesia, 57881-57882 2013-22896 Investigations; Determinations, Modifications, Rulings, etc.: Certain Tires and Products Containing Same, 57882-57883 2013-22895 Recent Trends in U.S. Services Trade; 2014 Annual Report, 57884 2013-22897 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Maricopa Solar Park Project, Maricopa County, AZ, 57877-57878 2013-22790 Silver State Solar South Project, Clark County, NV, 57880-57881 2013-22877 Tres Rios Field Office and San Juan National Forest Land and Resource Management Plan, 57878-57880 2013-22785 Millenium Millennium Challenge Corporation NOTICES Criteria and Methodology for Determination of Eligibility:

Candidate Countries for Millennium Challenge Account Assistance in Fiscal Year 2014, 57885-57889 2013-22929 Quarterly Report, 57889-57903 2013-22936 NASA National Aeronautics and Space Administration NOTICES Charter Renewal: Aerospace Safety Advisory Panel, 57903 2013-22940 National Institute National Institute of Standards and Technology NOTICES Meetings: Visiting Committee on Advanced Technology, 57839 2013-22925 Requests for Information: Computer Security Incident Coordination, 57839-57840 2013-22920 National Institute National Institutes of Health NOTICES Draft Genomic Data Sharing Policy, 57860-57865 2013-22941 Meetings:

Center for Scientific Review, 57866-57867 2013-22865 National Heart, Lung, and Blood Institute, 57866 2013-22866 National Institute of Diabetes and Digestive and Kidney Diseases, 57867-57868 2013-22891 National Institute of Mental Health, 57865-57866 2013-22867 Prospective Grants of Exclusive Patent Licenses: Oral Treatment of Hemophilia, 57868 2013-22875 Requests for Information: Nominations to the Report on Carcinogens, 57868-57869 2013-22890 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Wildlife and Plants:

Listing 66 Species of Coral and Reclassifying Acropora cervicornis and Acropora palmata from Threatened to Endangered, 57835-57836 2013-22944 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 57840 2013-22931 Western Pacific Fishery Management Council, 57841-57843 2013-22932 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57903-57904 2013-22856 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

First Responder Network Authority Board, 57843-57844 2013-22946 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Introduction of the P-8A Multi-Mission Maritime Aircraft into the U.S. Navy Fleet; Public Meetings, 57845-57846 2013-22899 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Export License Requests: Reactor Components, 57904-57905 2013-22951 Office of United States Trade Representative See Trade Representative, Office of United States Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Terrorism;

Continuation of National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support (Notice of September 18, 2013), 58149-58151 2013-23132 Securities Securities and Exchange Commission PROPOSED RULES Credit Risk Retention, 57928-58048 2013-21677 NOTICES Meetings; Sunshine Act, 57905 2013-23013 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 57911-57913 2013-22880 Financial Industry Regulatory Authority, Inc., 57916-57921 2013-22883 International Securities Exchange, LLC, 57907-57909 2013-22881 NASDAQ OMX PHLX, LLC, 57913-57916 2013-22911 The NASDAQ Stock Market, LLC, 57905-57907, 57909-57911 2013-22882 2013-22884 Trading Suspension Orders:

A.G. Volney Center, Inc. (f/k/aBuddha Steel, Inc.), 57921 2013-23041 American Energy Production, Inc., 57922 2013-23040 Municipal Mortgage & Equity LLC, 57921-57922 2013-23042 Patch International, Inc., 57921 2013-23043 Small Business Small Business Administration NOTICES Disaster Declarations: Arizona, 57923-57924 2013-22916 Colorado, 57923 2013-22917 Colorado; Amendment 1, 57923 2013-22915 New Mexico, 57922 2013-22918 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions:

Ferroequus Railway Co. Ltd. and railstuff, LLC; City of Tacoma, d/b/a Tacoma Rail Mountain Division, 57925 2013-22889 Trade Representative Trade Representative, Office of United States NOTICES 2013 Special 301 Out-Of-Cycle Review of Notorious Markets, 57924-57925 2013-22857 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Record of Abandonment of Lawful Permanent Resident Status, 57869-57870 2013-22976 Registration for Classification as Refugee, 57870-57871 2013-22975 Customs U.S. Customs and Border Protection NOTICES Country of Origin Final Determinations: NEC Microwave Radios, 57871-57873 2013-22878 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Accrued Amounts Due a Deceased Beneficiary, 57926 2013-22926 Pension Claim Questionnaire for Farm Income, 57925 2013-22924 Request for Employment Information in Connection with Claim for Disability Benefits, 57926 2013-22923 Separate Parts In This Issue Part II Federal Deposit Insurance Corporation, 57928-58048 2013-21677 Federal Housing Finance Agency, 57928-58048 2013-21677 Federal Reserve System, 57928-58048 2013-21677 Housing and Urban Development Department, 57928-58048 2013-21677 Securities and Exchange Commission, 57928-58048 2013-21677 Treasury Department, Comptroller of the Currency, 57928-58048 2013-21677 Part III Treasury Department, Alcohol and Tobacco Tax and Trade Bureau, 58050-58087 2013-22528 Part IV Environmental Protection Agency, 58090-58121 2013-22930 Part V Interior Department, Fish and Wildlife Service, 58124-58148 2013-22870 Part VI Presidential Documents, 58149-58151 2013-23132 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. 78 183 Friday, September 20, 2013 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1651 and 1690 Implementation of United States v. Windsor AGENCY: Federal Retirement Thrift Investment Board. ACTION:

Interim final rule with request for comments. SUMMARY: The Federal Retirement Thrift Investment Board (FRTIB) is revising its regulations to provide that the FRTIB will look to the laws of the jurisdiction of celebration to determine whether a Thrift Savings Plan participant is married. DATES: This interim final rule is effective September 20, 2013. Comments should be received on or before October 21, 2013. ADDRESSES: You may submit comments using one of the following methods: • *Mail:* Office of General Counsel, Attn:

James B. Petrick, Federal Retirement Thrift Investment Board, 77 K Street NE., Washington, DC 20002. • *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 FRTIB 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)). Section 3 of the Defense of Marriage Act (codified at 1 U.S.C. 7) provided that, when used in a Federal law, the term “marriage” would mean only a legal union between one man and one woman as husband and wife, and that the term “spouse” referred only to a person of the opposite sex who is a husband or a wife. The U.S. Supreme Court recently held in *United States* v. *Windsor* that section 3 of the Defense of Marriage Act is unconstitutional. *Windsor* requires the FRTIB to defer to state law in determining the marital status of TSP participants. The FRTIB anticipates conflicting state laws. For example, a same-sex couple might get married in a state that permits same-sex marriage and then move to a state that does not recognize same-sex marriages performed in other states or foreign countries. Whether that couple is married for TSP purposes will hinge on whether the FRTIB looks to the laws of the jurisdiction of celebration ( *i.e.,* the jurisdiction in which the marriage was initially established) or the laws of the participant's state of domicile. The TSP has one existing choice-of-law provision pertaining to marriage. It is found in 5 CFR 1651.5(a), and says that the state law of the participant's domicile will be used to determine whether a participant was married for purposes of distributing death benefits from his or her TSP account. The FRTIB is required by statute to administer the Thrift Savings Plan solely in the interest of its participants and beneficiaries and for the exclusive purposes of

(1)providing benefits to participants and their beneficiaries, and

(2)defraying the reasonable expenses of administering the Thrift Savings Fund. 5 U.S.C. 8477(b)(1)(A). Section 1651.5(a) prohibits the FRTIB from offering certain TSP benefits to the same-sex spouses of participants who are domiciled in states that do not recognize same-sex marriages performed in other states or foreign countries. The current choice-of-law is detrimental to a population of TSP participants and does not serve to defray the expenses of administering the Thrift Savings Fund. Therefore, the FRTIB is revising its regulations to provide that the FRTIB will look to the jurisdiction of celebration to determine a participant's marital status. The FRTIB will adopt a final rule after consideration of public comments on this interim rule. 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 FRTIB has determined that immediate action is necessary to allow the FRTIB to implement *United States* v. *Windsor* in a manner that comports with its statutory obligation to administer the Thrift Savings Plan solely in the interest of its participants and beneficiaries to the extent consistent with Chapter 5 of the United States Code. The FRTIB encourages public comments on this interim final rule. The FRTIB will adopt a final rule after consideration of public comments on this interim 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 FRTIB. It will also affect spouses, former spouses, children, or dependents of TSP participants. 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 FRTIB 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 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 FRTIB amends 5 CFR chapter VI as follows: PART 1651—DEATH BENEFITS 1. The authority citation for part 1651 continues to read as follows: Authority: 5 U.S.C. 8424(d), 8432d, 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 8474(c)(1). § 1651.1 [Amended] 2. Amend paragraph

(b)§ 1651.1 to remove the definition of “domicile.” 3. Revise paragraph

(a)of § 1651.5 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 laws of the jurisdiction in which the marriage was initially established will be used to determine whether the participant was married on the date of death. PART 1690—THRIFT SAVINGS PLAN 4. The authority citation for part 1690 continues to read as follows: Authority: 5 U.S.C. 8474. 5. Revise the definition of “spouse” in § 1690.1 to read as follows: § 1690.1 Definitions. *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. Where a participant is seeking to reclaim an account that has been forfeited pursuant to 5 CFR 1650.16, spouse 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 means the person to whom the participant was married on the date of the participant's death. A TSP participant is considered to be married even if the parties are separated, unless a court decree of divorce or annulment has been entered. The laws of the jurisdiction in which the marriage was initially established will be used to determine whether a TSP participant is married. [FR Doc. 2013-22898 Filed 9-19-13; 8:45 am]

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