48936 Federal Register / Vol. 62, No. 181 / Thursday, September 18, 1997 / Rules and Regulations

entertain a petition for enforcement

from an aggrieved employee who is not

a party only if the employee seeks and

is granted party status as a permissive

intervenor under § 1201.34(c) of this

part. The employee must file a motion

to intervene at the time of filing the

petition for enforcement. The petition

for enforcement must describe

specifically why the petitioner believes

there is noncompliance and in what

way the petitioner is aggrieved by the

noncompliance. The motion to

intervene will be considered in

accordance with § 1201.34(c) of this

part.

(2) Under § 1201.33(c) of this part, a

nonparty witness who has obtained an

order from a judge that his or her

employing agency provide the witness

with official time may petition the

Board for enforcement of the order.

(3) Under § 1201.55(d) of this part, a

nonparty witness or other individual

who has obtained a protective order

from a judge during the course of a

Board proceeding for protection from

harassment may petition the Board for

enforcement of the order.

(4) A petition for enforcement under

paragraph (c)(1), (c)(2), or (c)(3) of this

section must be filed promptly with the

regional or field office that issued the

order or, if the order was issued by the

Board, with the Clerk of the Board. The

petitioner must serve a copy of the

petition on each party or the party’s

representative. If the petition is filed

under paragraph (c)(1) of this section,

the motion to intervene must be filed

and served with the petition.

Dated: September 12, 1997.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 97–24750 Filed 9–17–97; 8:45 am]

BILLING CODE 7400–01–U

FEDERAL RETIREMENT THRIFT

INVESTMENT BOARD

5 CFR Part 1605

Correction of Administrative Errors

AGENCY: Federal Retirement Thrift

Investment Board.

ACTION: Final rule; amendment.

SUMMARY: The Executive Director of the

Federal Retirement Thrift Investment

Board (Board) is publishing an

amendment to final rules on correction

of administrative errors affecting Thrift

Savings Plan (TSP) accounts. The effect

of the amendment will be that earnings

on contributions made to the TSP by a

person who is ineligible to participate

will be returned to that person and not

used to offset TSP adminis trative

expenses.

EFFECTIVE DATE: This amendment is

effective December 27, 1996.

FOR FURTHER INFORMATION CONTACT: John

J. O’Meara, (202) 942–1661.

SUPPLEMENTARY INFORMATION: A final

rule governing the correction of

administrative errors affecting Thrift

Savings Plan accounts was published in

the Federal Register on December 27,

1996 (61 FR 68464). That rule revised

the final regulations that were published

in the Federal Register on December 4,

1987 (52 FR 46314). In both sets of

regulations the Board provided that

when an individual who was not

eligible to participate in the TSP

nevertheless contributed funds to the

TSP, the individual’s contributions

would be returned, but the earnings on

those contributions would be forfeited

and used to pay administrative expenses

of the TSP. Upon review of this matter,

the Board has decided that in

promulgating this regulation insufficient

emphasis was placed on the ineligible

participant’s equitable claim to these

earnings.

For this reason, § 1605.9(a)(1) of the

error correction regulations is being

amended to provide that these earnings

will be paid to the ineligible participant.

Because the equity interest in these

earnings by the ineligible participant is

so substantial, this amendment is being

given retroactive effect to the effective

date (December 27, 1996) of the current

error correction regulations.

Regulatory Flexibility Act

I certify that this amendment will not

have a significant economic impact on

a substantial number of small entities. It

will only affect Thrift Savings Plan

participants.

Paperwork Reduction Act

I certify that these regulations do not

require additional reporting under the

criteria of the Paperwork Reduction Act

of 1980.

Unfunded Mandates Reform Act of

1995

Pursuant to the Unfunded Mandates

Reform Act of 1995, section 201, Public

Law 104–4, 109 Stat. 48, 64, the effect

of these regulations on State, local, and

tribal governments, and on the private

sector has been assessed. This

regulation will not compel the

expenditure in any one year of $100

million or more by any State, local, and

tribal governments in the aggregate, or

by the private sector. Therefore, a

statement under section 202, 109 Stat.

48, 64–65, is not required.

Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), the Board

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 the

publication of this rule in today’s

Federal Register. This rule is not a

major rule as defined in section 804(2).

List of Subjects in 5 CFR Part 1605

Administrative practice and

procedure, Employee benefit plans,

Government employees, Pensions,

Retirement.

Roger W. Mehle,

Executive Director, Federal Retirement Thrift

Investment Board.

For the reasons set forth in the

preamble, part 1605 of chapter VI of title

5 of the Code of Federal Regulations is

amended as follows:

PART 1605—CORRECTION OF

ADMINISTRATIVE ERRORS

1. The authority citation for Part 1605

continues to read as follows:

Authority: 5 U.S.C. 8351 and 8474.

2. Section 1605.9 is amended by

revising the second sentence of

paragraph (a)(1) to read as follows:

§ 1605.9 Miscellaneous provisions.

(a)(1) * * * In that case, the earnings

will be removed from the account and

paid to the ineligible participant. * * *

* * * * *

[FR Doc. 97–24760 Filed 9–17–97; 8:45 am]

BILLING CODE 6760–01–U

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and

Stockyards Administration

7 CFR Part 800

RIN 0580–AA56

Fees for Official Inspection and Official

Weighing Services

AGENCY: Grain Inspection, Packers and

Stockyards Administration, USDA.

ACTION: Final rule.

SUMMARY: The Grain Inspection, Packers

and Stockyards Administration (GIPSA)

is implementing, effective October 1,

1997, a 12.5-percent increase in the

administrative service fee for official

inspection and weighing services

performed in the United States under

the United States Grain Standards Act

(USGSA), as amended. The fee