29674 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Proposed Rules

§ 1631.13 [Amended]

7. In section 1631.13 amend

paragraph (c) by removing the number

‘‘10’’ and adding in its place the number

‘‘20’’.

§ 1631.14 [Amended]

8. In § 1631.14 amend the first

sentence of paragraph (a) and the first

sentence of paragraph (b) by removing

the phrase ‘‘plus 16 percent’’ and

adding the phrase ‘‘plus 23.5 percent’’

in its place.

9. Section 1631.18 is revised to read

as follows:

§ 1631.18 Annual report.

The Executive Director will submit

annually, on or before February 1, a

Freedom of Information report covering

the preceding fiscal year to the Attorney

General of the United States. The report

will include matters required by 5

U.S.C. 552(e).

[FR Doc. 98–14358 Filed 5–29–98; 8:45 am]

BILLING CODE 6760–01–U

FEDERAL RETIREMENT THRIFT

INVESTMENT BOARD

5 CFR Part 1655

Thrift Savings Plan Loans

AGENCY: Federal Retirement Thrift

Investment Board.

ACTION: Proposed rule with request for

comments.

SUMMARY: The Executive Director of the

Federal Retirement Thrift Investment

Board (Board) is publishing a proposed

revision to regulations concerning Thrift

Savings Plan (TSP) loans. The

amendment will affect participants who

are alleged to have submitted false

information in support of their request

for a TSP loan. The amendment

establishes a process for investigating

written allegations of such fraudulent

activity. When the Board finds that the

evidence suggests the participant

provided false information to the TSP

during the loan process, the Board will

refer the case to the appropriate

authorities for criminal prosecution and,

in the appropriate case, administrative

action.

DATES: Comments must be submitted on

or before July 1, 1998.

ADDRESSES: Comments may be sent to

Elizabeth S. Woodruff, Federal

Retirement Thrift Investment Board,

1250 H Street, N.W., Washington, D.C.

20005.

FOR FURTHER INFORMATION CONTACT:

Elizabeth S. Woodruff, (202) 942–1661.

SUPPLEMENTARY INFORMATION: A final

rule governing TSP loans was published

in the Federal Register on April 14,

1997 (62 FR 18019). That rule revised

interim regulations that were published

in the Federal Register on November 18,

1996 (61 FR 58754). Current regulations

require participants who are applying

for a loan from their TSP accounts to

provide certain information and certify

the truth of the information on the

application. The terms and conditions

of a TSP loan are then reflected in a

Loan Agreement/Promissory Note

which the participant signs, thereby

certifying, under penalty of perjury, the

truth of all statements made and

documentation provided with this

signed document.

Before the TSP will permit a loan to

a TSP participant, the participant must

indicate his or her marital status on the

Loan Application and, if married, the

spouse’s name. In the case of a married

Federal Employees’ Retirement System

(FERS) participant, the participant must

obtain the signature of his/her spouse

on the Loan Agreement/ Promissory

Note to show that the spouse has

consented to the loan. In the case of a

married Civil Service Retirement

System (CSRS) participant, the consent

of the spouse is not required; however,

the TSP must send a notice to the

spouse. The CSRS participant is

therefore required to provide the

spouse’s address on the loan

application. These consent and notice

requirements can be waived upon

application to the TSP pursuant to 5

CFR 1655.18.

This regulation adds paragraph (f) to

§ 1655.18 to provide that, if the Board

receives a written allegation from the

spouse stating that a participant

misrepresented his/her marital status or

the address of the spouse of a CSRS

participant, or that the participant

submitted a Loan Agreement/

Promissory Note with a forged signature

of the spouse of a FERS participant, the

Board will submit the questioned

document to the spouse and request that

the allegation of fraud or forgery be

affirmed. If the allegation is affirmed

and the loan has been disbursed, the

Board will give the participant an

opportunity to repay the loan within a

60-day period. This will permit the

participant to return the account to the

status quo, thus restoring the spouse’s

interest in the account.

The notice will also advise that if the

participant does not repay the loan in

full within the 60 days provided, the

Board will conduct an investigation into

the allegation. The Board will not give

this repayment opportunity to a

participant who has received a final

divorce from his/her spouse before the

funds are received by the TSP. In such

a case, the Board will immediately begin

its investigation.

Where the Board finds evidence to

suggest that the participant

misrepresented his/her marital status or

spouse’s address or that the signature of

the spouse was forged, the Board will

refer the case to the Department of

Justice for criminal prosecution and,

where the participant is still employed,

to the Inspector General or other appropriate authority in the participant’s

employing agency for administrative

action. The Board will also freeze the

participant’s account and will not

permit a withdrawal or another loan

until the loan is repaid, the Board

receives assurance from the spouse in

writing that the notice or consent

requirements have been met, the

participant is divorced, or the Board’s

investigation does not yield persuasive

evidence to support the allegation.

Regulatory Flexibility Act

I certify that this amendment will not

have a significant economic impact on

a substantial number of small entities

because the regulations will only affect

TSP 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.

List of Subjects in 5 CFR Part 1655

Credit, Government employees,

Pensions, Retirement.

Roger W. Mehle,

Executive Director, Federal Retirement Thrift

Investment Board.

For the reasons set forth in the

preamble, part 1655 of chapter VI of title

5 of the Code of Federal Regulations is

amended as follows:
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Proposed Rules 29675

PART 1655—LOAN PROGRAM

1. The authority citation for part 1655

continues to read as follows:

Authority: 5 U.S.C. 8433(g) and 8474.

2. Section 1655.18 is amended by

adding paragraph (f) as follows:

§ 1655.18 Spousal rights.

* * * * *

(f)(1) By signing the Loan Application

and the Loan Agreement/Promissory

Note, the participant represents that all

information provided to the TSP during

the loan process is true and correct,

including statements concerning the

participant’s marital status and spouse’s

address at the time the application is

filed and documentation that the

current spouse has consented to the

loan.

(2) If the Board receives a written

allegation from the spouse that the

participant may have misrepresented

his/her marital status or the spouse’s

address (in the case of a CSRS

participant), or that the signature of the

spouse of a FERS participant was

forged, the Board will submit the

questioned document to the spouse and

request that he or she state in writing

that the information is false or that the

spouse’s signature has been forged. In

the event of an alleged forgery, the

Board will also request the spouse to

provide at least three signature samples.

(3) If the spouse affirms the allegation

in accordance with the procedure set

forth in paragraph (f)(2) of this section

and the loan has been disbursed, the

Board will give the participant an

opportunity to repay, within 60 days,

the unpaid loan principal, plus unpaid

interest. If the loan is repaid, the Board

will not investigate the spouse’s

allegation.

(4) Paragraph (f)(3) of this section will

not apply where the participant has

received a final divorce decree before

the funds are received by the Thrift

Savings Plan.

(5) If the unpaid loan principal, plus

unpaid interest, is not repaid to the Plan

in full within the time period provided

in paragraph (f)(3) of this section, the

Board will conduct an investigation into

the allegation. If the participant has

received a final divorce decree before

the funds are received by the Thrift

Savings Plan, the Board will begin its

investigation immediately.

(6) If, during its investigation, the

Board finds evidence to suggest that the

participant misrepresented his/her

marital status or spouse’s address (in the

case of a CSRS participant), or

submitted the Loan Agreement/

Promissory Note with a forged

signature, the Board will refer the case

to the Department of Justice for criminal

prosecution and, if the participant is

still employed, to the Inspector General

or other appropriate authority in the

participant’s employing agency for

administrative action.

(7) Upon receipt of an allegation

described in paragraph (f)(2) of this

section, the participant’s account will be

frozen and no withdrawal or loan will

be permitted until after:

(i) Thirty days have elapsed since the

participant’s spouse was sent a copy of

the questioned document and no

written affirmation of the alleged false

information or forgery (together with

signature samples in the case of an

alleged forgery) has been received by the

Board;

(ii) The loan is repaid pursuant to

paragraph (f)(3) of this section;

(iii) The Executive Director concludes

that the Board’s investigation did not

yield persuasive evidence that supports

the spouse’s allegation;

(iv) The Executive Director has been

assured in writing by the spouse that

any future request for a loan or

withdrawal comports with the

applicable requirement of notice or

consent; or

(v) The participant is divorced.

[FR Doc. 98–14360 Filed 5–29–98; 8:45 am]

BILLING CODE 6760–01–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 319

[Docket No. 89–154–4]

Importation of Rhododendron

Established in Growing Media

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of extension of comment

period.

SUMMARY: We are extending the

comment period on a proposal to allow

the importation of Rhododendron

established in growing media. Final

action on that proposal had been

deferred to allow consultation regarding

the action with the United States Fish

and Wildlife Service, in accordance

with the Endangered Species Act. That

consultation has been completed, and,

as a result, the proposed action has been

limited to Rhododendron imported from

Europe only. This extension of the

comment period will allow interested

groups and individuals with additional

time to prepare comments on the

proposal.

DATES: Consideration will be given only

to comments received on or before July

30, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 89–154–3, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road,

Riverdale, MD 20737–1238. Please state

that your comments refer to Docket No.

89–154–3. Comments received may be

inspected at USDA, room 1141, South

Building, 14th Street and Independence

Avenue SW., Washington, DC, between

8 a.m. and 4:30 p.m., Monday through

Friday, except holidays. Persons

wishing to inspect comments are

requested to call ahead on (202) 690–

2817 to facilitate entry into the

comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Pete M. Grosser, Senior Import

Specialist, PIMT, PPQ, APHIS, 4700

River Road Unit 140, Riverdale, MD

20737–1236; (301) 734–6799.

SUPPLEMENTARY INFORMATION:

Background

On September 7, 1993, we published

in the Federal Register a proposed rule

(58 FR 47074–47084, Docket No. 89–

154–1) to allow the importation of five

genera of plants established in growing

media. That proposal is referred to

below as ‘‘the proposed rule.’’ We

accepted comments on the proposed

rule for a period of 90 days, ending

December 6, 1993.

In a final rule published in the

Federal Register on January 13, 1995,

and effective on February 13, 1995 (60

FR 3067–3078, Docket No. 89–154–2),

the Animal and Plant Health Inspection

Service (APHIS) finalized provisions for

the importation of Alstroemeria,

Ananas, Anthurium, and Nidularium.

The final rule postponed action on

Rhododendron established in growing

media.

On April 30, 1998, we published in

the Federal Register (63 FR 23683–

23685, Docket No. 89–154–3) a notice

reopening and extending the comment

period on the proposal to allow the

importation of Rhododendron

established in growing media. Final

action on the initial proposal had been

deferred to allow consultation regarding

the action with the United States Fish

and Wildlife Service, in accordance

with the Endangered Species Act. That

consultation has been completed, and,

as a result, the notice also announced

APHIS’s intention to limit the proposed

action to Rhododendron imported from

Europe only.