Unknown. Final rule
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/register/2025/03/24/2025-04913·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-2025-03-24.xml --- 90 55 Monday, March 24, 2025 Contents Agriculture Agriculture Department See Forest Service Centers Disease Centers for Disease Control and Prevention NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Committee on Immunization Practices, 13488-13489 2025-04914 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Comprehensive Child Welfare Information System Automated Function Checklist and Data Quality Plan, 13489 2025-04900 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Utah Advisory Committee, 13449-13450 2025-04932 Coast Guard Coast Guard RULES Drawbridge Operations: Sandusky Bay, Sandusky, OH, 13412-13414 2025-04917 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Acquisition Defense Acquisition Regulations System NOTICES Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share, 13485-13486 2025-04926 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps Drug Drug Enforcement Administration RULES Expansion of Buprenorphine Treatment via Telemedicine Encounter and Continuity of Care via Telemedicine for Veterans Affairs Patients, 13410-13412 2025-05007 Employment and Training Employment and Training Administration NOTICES Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States:
Allowable Monetary Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging, 13500-13501 2025-04904 Engineers Engineers Corps PROPOSED RULES Implementation of the Definition of Waters of the United States, 13428-13431 2025-04649 Environmental Protection Environmental Protection Agency RULES Air Plan Approval: New York; Knowlton Technologies LLC, 13414-13416 2025-04910 PROPOSED RULES Air Plan Approval: Alaska, Fairbanks North Star Borough; 2006 24-hour PM2.5 Serious Area and 189(d) Plan, 13431-13432 2025-04908 Air Quality State Implementation Plans;
Approvals and Promulgations: Idaho; Regional Haze Plan for the Second Implementation Period, 13516-13549 2025-04906 Implementation of the Definition of Waters of the United States, 13428-13431 2025-04649 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: North Conway, NH, 13408-13409 2025-04642 NOTICES Airport Property: Bolton Field Airport, Columbus, OH, 13509-13511 2025-04919 Federal Communications Federal Communications Commission RULES Advanced Methods to Target and Eliminate Unlawful Robocalls, 13416-13425 2025-04811 PROPOSED RULES Broadcast Station Rule Updates, 13432-13447 2025-03115 Part 36 Separations Rules in Response to Commission Referrals;
Request for Comments, 13447-13448 2025-03668 Federal Maritime Federal Maritime Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Controlled Carriers, 13486-13487 2025-04937 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 13487-13488 2025-04939 Corporation to do Business under the Federal Reserve Act, 13487 2025-04940 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 13487 2025-04941 Federal Retirement Federal Retirement Thrift Investment Board RULES Methodology for Calculating Earnings on Court-Ordered Payments, 13407-13408 2025-04913 Fish Fish and Wildlife Service NOTICES Permits;
Applications, Issuances, etc.: Foreign Endangered Species, 13496-13497 2025-04925 Forest Forest Service NOTICES Hearings, Meetings, Proceedings, etc.: Colville Resource Advisory Committee, 13449 2025-04927 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See National Institutes of Health RULES Expansion of Buprenorphine Treatment via Telemedicine Encounter and Continuity of Care via Telemedicine for Veterans Affairs Patients, 13410-13412 2025-05007 Privacy Act;
Implementation, 13416 2025-04979 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service PROPOSED RULES Guidance: Certain Matters Relating to Nonrecognition of Gain or Loss in Corporate Separations, Incorporations, and Reorganizations; Technical Correction, 13427-13428 2025-04757 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Chassis and Subassemblies Thereof from Mexico and Thailand, 13452-13457 2025-04942 Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Ukraine, 13451-13452 2025-04915 Temporary Steel Fencing from the People's Republic of China, 13450 2025-04916 Sales at Less Than Fair Value; Determinations, Investigations, etc.: Certain Chassis and Subassemblies Thereof from Mexico, Thailand, and the Socialist Republic of Vietnam, 13457-13463 2025-04938 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Polypropylene Corrugated Boxes from China and Vietnam, 13497-13498 2025-04909 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Applications for the Attorney General's Honors Program and the Summer Law Intern Program, 13498-13500 2025-04928 Labor Department Labor Department See Employment and Training Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Survey of Young Adults on the Autism Spectrum for the Research Support Services for Employment of Young Adults on the Autism Spectrum Project, 13501-13502 2025-04901 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Jones Act Vessel Availability Determinations, 13511 2025-04924 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:
Mack Trucks LLC, 13511-13513 2025-04950 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 13490 2025-04929 National Cancer Institute, 13489-13491 2025-04934 2025-04948 National Institute of Allergy and Infectious Diseases, 13491-13495 2025-04943 2025-04944 2025-04945 2025-04946 2025-04947 2025-04952 2025-04954 2025-04955 National Institute of Biomedical Imaging and Bioengineering, 13492 2025-04936 National Institute of Diabetes and Digestive and Kidney Diseases, 13491, 13493 2025-04911 2025-04957 National Institute of Environmental Health Sciences, 13494-13495 2025-04912 National Institute of Neurological Disorders and Stroke, 13492 2025-04956 National Institute on Aging, 13496 2025-04935 National Library of Medicine, 13491 2025-04953 National Oceanic National Oceanic and Atmospheric Administration RULES Designation of Papahanaumokuakea National Marine Sanctuary, 13410 2025-04949 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2025 Recreational Accountability Measure and Closure for Gag in the South Atlantic, 13425-13426 2025-04903 Snapper-Grouper Fishery of the South Atlantic; 2025-2026 Recreational Fishing Season for Black Sea Bass, 13426 2025-04930 NOTICES Hearings, Meetings, Proceedings, etc.:
Fisheries of the U.S. Caribbean; Southeast Data, Assessment, and Review; Cancellation, 13485 2025-04959 Fisheries of the U.S. Caribbean; Southeast Data, Assessment, and Review; Cancellation, 13463 2025-04958 Taking or Importing of Marine Mammals: Alaska Department of Transportation and Public Facilities Angoon Ferry Terminal Modification Project in Angoon, AK, 13463-13485 2025-04902 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption: Constellation Energy Generation, LLC, Peach Bottom Atomic Power Station Units 2 and 3, Independent Spent Fuel Storage Installation, 13503-13506 2025-04921 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 13506-13507 2025-04923 Securities Securities and Exchange Commission NOTICES Application:
Barings LLC and Barings Private Credit Corp., 13507 2025-04898 Goldman Sachs Private Credit Corp. and Goldman Sachs Asset Management, LP, 13508-13509 2025-04899 Meetings; Sunshine Act, 13507-13508 2025-04991 2025-05013 2025-05033 Small Business Small Business Administration NOTICES Disaster Declaration: North Dakota; Public Assistance Only, 13509 2025-04931 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Carrier's Report of Issuance of Policy, 13502-13503 2025-04933 Separate Parts In This Issue Part II Environmental Protection Agency, 13516-13549 2025-04906 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 90 55 Monday, March 24, 2025 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Part 1653 Methodology for Calculating Earnings on Court-Ordered Payments AGENCY:
Federal Retirement Thrift Investment Board. ACTION: Final rule. SUMMARY: The Federal Retirement Thrift Investment Board (FRTIB) adopts as final, without changes, a proposed rule concerning the methodology used to calculate earnings and losses in connection with court-ordered payments to spouses, former spouses, children, or dependents ( *i.e.,* payees) of Thrift Savings Plan
(TSP)participants. DATES: The effective date is March 24, 2025. FOR FURTHER INFORMATION CONTACT: *For press inquiries:* James Kaplan, Office of External Affairs,
(202)864-7150. *For information about this final rule:* Laurissa Stokes, Office of General Counsel,
(202)308-7707. SUPPLEMENTARY INFORMATION: The FRTIB administers the TSP, which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP is a retirement savings plan for Federal civilian employees and members of the uniformed services. It 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)). The provisions of FERSA that govern the TSP are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. Section 8435(c) of FERSA requires the FRTIB to obey certain domestic relations court orders requiring payments from a TSP participant's account to the participant's spouse, former spouse, child, or dependent. A TSP account can be divided by means of a court decree of divorce, annulment, or legal separation; or a court order or court-approved property settlement agreement resulting from such a decree. A court order to divide a TSP account may be issued at any stage of a divorce, annulment, or legal separation proceeding. Court orders sometimes award the participant's spouse, former spouse, child, or dependent ( *i.e.,* the payee) earnings that accrue between the date used to calculate the payee's entitlement and the date payment is made. Currently, when a court order awards earnings, the FRTIB calculates the amount to which the payee is entitled by determining the payee's award amount ( *e.g.,* the percentage or fraction of the participant's account awarded by the court) and, based on the participant's investment allocation as of the date used to calculate the payee's entitlement, the number and composition of shares that the payee's award amount would have purchased as of that date. The FRTIB then multiplies the price per share as of the payment date by the calculated number and composition of shares to determine the payee's entitlement. The FRTIB contracts with Accenture Federal Services to provide, maintain, and operate the technology platforms necessary to deliver retirement plan record keeping services to TSP participants. These services include processing retirement benefits court orders. The FRTIB updates its methodology for calculating court ordered earnings to align with the methodology used by Accenture Federal Services. Accenture Federal Services calculates earnings by using a money-weighted return commonly referred to in the financial industry as the internal rate of return. This methodology considers the influence of cash flows (for example, contributions, withdrawals, loans, and loan payments) on asset allocation, and the resulting effect on investment performance. Specifically, the FRTIB will calculate earnings by
(i)identifying the beginning balance, ending balance, and the cash flows between the two balances over the period of time between the entitlement date and the payment date,
(ii)calculating the rate of return that increases (or reduces in the case of a loss) the balance at the beginning of the period, accounting for all cash flows, to equal the balance at the end of the period; and then
(iii)multiplying the payee's award amount by the resulting rate of return. The methodology ensures that the payee's entitlement consists of an award component and an earnings component that each reflects the percentage or fraction specified in the court order. The award component reflects the percentage or fraction of the participant's account on the entitlement date as specified in the order. The earnings component is based on the rate of return experienced on the participant's account during the period from the entitlement date to the payment date. On November 26, 2024, the FRTIB published a proposed rule with request for public comments in the **Federal Register** (89 FR 93223, November 26, 2024). We received no comments. For the reasons explained above, the FRTIB is adopting the proposed rule as final, without any substantive changes. 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. 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 section 1532 is not required. Submission to Congress and the General Accountability Office Pursuant to 5 U.S.C. 801(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 Government Accountability Office 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 in 5 CFR Part 1653 Alimony, Child support, Government employees, Pensions, Retirement. Ravindra Deo, Executive Director, Federal Retirement Thrift Investment Board. For the reasons stated in the preamble, the FRTIB amends 5 CFR chapter VI as follows: PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS 1. The authority citation for part 1653 continues to read as follows: Authority: 5 U.S.C. 8432d, 8435, 8436(b), 8437(e), 8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1). 2. Amend § 1653.1 in paragraph
(b)by adding in alphabetical order the definition of “Entitlement date” and revising the definition of “Payment date” to read as follows: § 1653.1 Definitions.
(b)* * * *Entitlement date* means the date determined in accordance with § 1653.4(b) and (c). *Payment date* refers to the date on which a temporary account is established for the payee in the Thrift Savings Plan (TSP). 3. Amend § 1653.3 by revising paragraph (f)(4)(ii) to read as follows: § 1653.3 Processing retirement benefits court orders.
(f)* * *
(4)* * *
(ii)The anticipated payment date; 4. Amend § 1653.4 by revising paragraphs (a), (c), (d)(2), and
(f)to read as follows: § 1653.4 Calculating entitlements.
(a)For purposes of computing the amount of a payee's entitlement under this section, a participant's TSP account balance will include any loan balance outstanding as of the entitlement date unless the court order provides otherwise.
(c)If the court order awards a percentage of an account but does not contain a specific date as of which to apply that percentage, the TSP record keeper will use the effective date of the court order.
(d)* * *
(2)The vested account balance on the payment date.
(f)The payee's entitlement will be credited with TSP investment earnings as described:
(1)The entitlement calculated under this section will not be credited with TSP investment earnings unless the court order specifically provides otherwise. The court order may not specify a rate for earnings.
(2)If earnings are awarded, the TSP record keeper will calculate earnings by:
(i)Identifying the beginning balance, ending balance, and the cash flows between the two balances over the period of time between the entitlement date and the payment date;
(ii)Calculating the rate of return that increases (or reduces in the case of a loss) the balance at the beginning of the period, accounting for all cash flows, to equal the balance at the end of the period; and
(iii)Multiplying the payee's award amount by the resulting rate of return. 5. Amend § 1653.5 by revising paragraphs
(d)and
(h)to read as follows: § 1653.5 Payment.
(d)Payment will be made pro rata from the participant's traditional and Roth balances. The distribution from the traditional balance will be further pro rated between the tax-deferred balance and tax-exempt balance. The payment from the Roth balance will be further pro rated between contributions in the Roth balance and earnings in the Roth balance. In addition, all payments will be distributed pro rata from all TSP core funds in which the participant's account is invested. All pro rated amounts will be based on the balances in each fund or source of contributions on the payment date. The TSP record keeper will not honor provisions of a court order that require payment to be made from a specific TSP core fund, source of contributions, or balance.
(h)If the payee dies before a payment is disbursed from the TSP, payment will be made to the estate of the payee, unless otherwise specified by the court order. A distribution to the estate of a deceased court order payee will be reported as income to the decedent's estate. If the participant dies before the payment date, the order will be honored so long as it is submitted to the TSP record keeper before the TSP account has been closed. 6. Revise § 1653.14 to read as follows: § 1653.14 Calculating entitlements. A qualifying legal process can only require the payment of a specified dollar amount from the TSP. Payment pursuant to a qualifying legal process will be calculated in accordance with § 1653.4(a), (d), (f), and (g), except that the term “payment date” shall mean the date the payment is disbursed from the TSP. 7. Revise § 1653.15 to read as follows: § 1653.15 Payment. Payment pursuant to a qualifying legal process will be made in accordance with § 1653.5, except the term “payment date” shall mean the date the payment is disbursed from the TSP. 8. Amend § 1653.34 by revising paragraph (d)(4)(ii) to read as follows: § 1653.34 Processing Federal tax levies and criminal restitution orders.
(d)* * *
(4)* * *
(ii)The anticipated date of disbursement. [FR Doc. 2025-04913 Filed 3-21-25; 8:45 am]
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- 5 CFR 1653
- Pub. L. 99-335
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