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19366 Federal Register / Vol. 70, No.

70 / Wednesday, April 13, 2005 / Proposed Rules

specified on the notice, within the 30- appearing before any Federal program or Appeals Council will grant a request for
day time period. agency— reinstatement as a representative only if
* * * * * (i) Disqualified refers to any action the criterion in paragraph (d)(1) of this
12. Amend § 416.1555 by revising the that prohibits an individual from section is met and the disqualified
first sentence to read as follows: participating in or appearing before a person shows that he or she has been
Federal program or agency, regardless of admitted (or readmitted) to and is in
§ 416.1555 Withdrawing charges against a how long the prohibition lasts or the good standing with the court or bar from
representative. specific terminology used. which he or she had been disbarred or
The Deputy Commissioner for (ii) Federal program refers to any suspended.
Disability and Income Security program established by an Act of (3) If a person was disqualified
Programs (or other official the Congress or administered by a Federal because he or she had been disqualified
Commissioner may designate), or his or agency. from participating in or appearing
her designee, may withdraw charges (iii) Federal agency refers to any before a Federal program or agency, the
against a representative. * * * authority of the executive branch of the Appeals Council will grant the request
13. Amend § 416.1565(l) by adding a Government of the United States. for reinstatement only if the criterion in
second sentence, to read as follows: (3) * * * paragraph (d)(1) of this section is met
(ii) Disqualify the representative from and the disqualified person shows that
§ 416.1565 Hearing on charges.
acting as a representative in dealings he or she is now qualified to participate
* * * * * with us until he or she may be
(l) Representation. * * * The Deputy in or appear before that Federal program
reinstated under § 416.1599. or agency.
Commissioner for Disability and Income Disqualification is the sole sanction
Security Programs (or other official the (4) If the person was disqualified as a
available if the charges have been result of collecting or receiving, and
Commissioner may designate), or his or sustained because the representative has
her designee, will be represented by one retaining, a fee for representational
been disbarred or suspended from any services in excess of the amount
or more attorneys from the Office of the court or bar to which he or she was
General Counsel. authorized, the Appeals Council will
previously admitted to practice or grant the request only if the criterion in
* * * * * disqualified from participating in or paragraph (d)(1) of this section is met
14. Amend § 416.1570 by appearing before any Federal program or and the disqualified person shows that
redesignating existing paragraphs (a)(2) agency, or because the representative full restitution has been made.
and (a)(3) as (a)(3) and (a)(4), by adding has collected or received, and retains, a
new paragraph (a)(2), and revising * * * * *
fee for representational services in
redesignated paragraph (a)(3)(ii), to read excess of the amount authorized. [FR Doc. 05–7353 Filed 4–12–05; 8:45 am]
as follows: * * * * *
BILLING CODE 4191–02–P

§ 416.1570 Decision by hearing officer. 15. Amend § 416.1590 by revising


(a) * * * paragraph (b) to read as follows:
DEPARTMENT OF THE TREASURY
(2) In deciding whether an individual § 416.1590 Appeals Council’s decision.
has been, by reason of misconduct, * * * * * 31 CFR Part 29
disbarred or suspended by a court or (b) The Appeals Council, in changing
bar, or disqualified from participating in RIN 1505–AB55
a hearing officer’s decision to suspend
or appearing before any Federal program a representative for a specified period, Federal Benefit Payments Under
or agency, the hearing officer will shall in no event reduce the period of Certain District of Columbia
consider the reasons for the disbarment, suspension to less than 1 year. In Retirement Plans
suspension, or disqualification action. If modifying a hearing officer’s decision to
the action was taken for solely disqualify a representative, the Appeals AGENCY: Departmental Offices, Treasury.
administrative reasons (e.g., failure to Council shall in no event impose a ACTION: Notice of proposed rulemaking.
pay dues or to complete continuing period of suspension of less than 1 year.
legal education requirements), that will Further, the Appeals Council shall in no SUMMARY: The Department of the
not disqualify the individual from event impose a suspension when Treasury proposes to amend its DC
acting as a representative before SSA. disqualification is the sole sanction Pensions rules promulgated pursuant to
However, this exception to available in accordance with the Balanced Budget Act of 1997, as
disqualification does not apply if the § 416.1570(a)(3)(ii). amended (the Act). The Act was
administrative action was taken in lieu effective on October 1, 1997. The Act
of disciplinary proceedings (e.g., * * * * * assigns to the Secretary of the Treasury
16. Amend § 416.1599 by revising
acceptance of a voluntary resignation responsibility for payment of benefits
paragraph (d) to read as follows:
pending disciplinary action). Although based on service accrued as of June 30,
the hearing officer will consider § 416.1599 Reinstatement after 1997, under the retirement plans for
whether the disbarment, suspension, or suspension or disqualification —period of District of Columbia teachers and police
disqualification action is based on suspension not expired. officers and firefighters, and payment of
misconduct when deciding whether an * * * * * benefits under the retirement plan for
individual should be disqualified from (d)(1) The Appeals Council shall not District of Columbia judges regardless of
acting as a representative before us, the grant the request unless it is reasonably when service accrued. The amended
hearing officer will not re-examine or satisfied that the person will in the regulations will implement the
revise the factual or legal conclusions future act according to the provisions of Secretary’s authority under the Act to
that led to the disbarment, suspension section 206(a) of the Act, and to our ensure the accuracy of payments made
or disqualification. For purposes of rules and regulations. to annuitants before the effective date of
determining whether an individual has (2) If a person was disqualified the Act. The amended regulations will
been, by reason of misconduct, because he or she had been disbarred or also reflect changes made in the District
disqualified from participating in or suspended from a court or bar, the of Columbia Retirement Protection

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Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules 19367

Improvement Act of 2004 (the 2004 1. Federal Government’s 29.101(c). Therefore, the Department of
Act). In addition, the amended Responsibilities the Treasury proposes to amend current
regulations will include several The Act provides the Secretary with regulations to implement the Secretary’s
technical changes as specified below. authority to ensure the accuracy of authority under the Act to ensure the
Federal Benefit Payments made before accuracy of payments made to
DATES: Written comments must be annuitants prior to the October 1, 1997,
received on or before June 13, 2005. October 1, 1997, under the Police and
Firefighters Plan and the Teachers Plan. effective date of the Act. The
ADDRESSES: Submit comments to the Department also proposes to amend the
Section 11012 of the Act requires the
Office of the Assistant General Counsel current regulations to reflect the
Secretary to make benefit payments
for General Law and Ethics, Attention: changes made in the 2004 Act and to
under the Police and Firefighters Plan
DC Pensions Rulemaking Project, Room make several technical changes as
and Teachers Plan based on service
2209A, Main Treasury Building, specified below.
accrued on or before June 30, 1997. An The Authority paragraph supplies the
Department of the Treasury, 1500 annuitant’s entitlement to the correct
Pennsylvania Avenue, NW., reference to the provisions of the Act
payment amount based on that service, that provide the statutory authority for
Washington, DC 20220. Because paper but not more than that amount, does not
mail in the Washington, DC, area may Part 29. This paragraph is amended to
expire. Thus, the Secretary’s authority simplify the citation.
be subject to delay, it is recommended to review and ensure the accuracy of all Section 29.101(a) provides the
that comments be submitted payments based on service accrued on statutory basis of the Part 29 rules. This
electronically to: or before June 30, 1997, extends to all paragraph is amended to conform to the
dcpensions@do.treas.gov. All comments such payments whether made before or amended language of the Authority
should be captioned with ‘‘DC Pensions after the October 1, 1997, effective date provision and the definition of Act in
Rulemaking Comments.’’ Please include of the Act. section 29.103(a).
your name, affiliation, address, e-mail In the case of the Judges Plan, section Section 29.101(c) provides the scope
address, and telephone number in your 11251(a) of the Act (codified at DC of coverage of the Part 29 D.C. Pensions
comment. Comments will be available Official Code § 11–1570(c)(2)(A)) vests regulations. This paragraph is amended
for public inspection by appointment in the Secretary authority over Federal to delete the current limitation to
only at the Reading Room of the Benefit Payments made under the payments made on or after October 1,
Treasury Library, Room 1318, Main Judges Plan before the October 1, 1997, 1997, and thereby to include payments
Treasury Building, 1500 Pennsylvania effective date of the Act. Accordingly, made before October 1, 1997, under the
Avenue, NW., Washington, DC 20220. the Secretary has authority to ensure the Teachers Plan, the Police and
To make appointments, call (202) 622– accuracy of payments made before Firefighters Plan, and the Judges Plan.
0990. October 1, 1997, under the Judges Plan, Section 29.101(e) is added to specify
FOR FURTHER INFORMATION CONTACT: the Police and Firefighters Plan, and the that the regulations do not apply to the
Elizabeth Cuffe, Office of the General Teachers Plan. District of Columbia replacement plan,
Counsel, MT Room 2209A, Department The proposed amendments to Part 29 which covers payments based on service
of the Treasury, 1500 Pennsylvania reflect the authority of the Secretary as accrued after June 30, 1997, pursuant to
Avenue, NW., Washington, DC 20220 provided in the sections of the Act section 11042 of the Act.
(202–622–1682, not a toll-free call). discussed above and the manner in Section 29.103(a) provides a
which that authority is being definition for Act. This definition is
SUPPLEMENTARY INFORMATION: Title XI of administered by the Treasury amended to simplify the definition and
the Balanced Budget Act of 1997, Public Department. to accurately reflect the applicable
Law 105–33, 111 Stat. 251, 712–731, The 2004 Act amended the Act to sections of the Act.
756–759, as amended (the Act), create the District of Columbia Teachers, Section 29.103(a) provides a
transferred certain pension liabilities Police Officers, and Firefighters Federal definition for Benefits Administrator.
from the District of Columbia Pension Fund with the assets This definition is amended to include
Government to the Federal Government. transferred from the District of citations to the District of Columbia
The Act requires that the Secretary of Columbia Federal Pension Liability Retirement Protection Improvement Act
the Treasury (the Secretary) pay certain Trust Fund and the Federal of 2004, Public Law 108–489, 118 Stat.
benefits based on service accrued on or Supplemental District of Columbia 3966 (the 2004 Act) and to clarify that
before June 30, 1997, under the Pension Fund, which funds were the interim benefits administration
retirement plans for District of Columbia terminated. The 2004 Act also amended period under the Judges Plan is
teachers (Teachers Plan) and police the Act to provide the Judges Plan with independent of the interim District
officers and firefighters (Police and procedures for resolving denied benefit benefits administration period under the
Firefighters Plan), and for benefits under claims. Teachers Plan and the Police and
the retirement plan for District of Firefighters Plan.
Columbia judges (Judges Plan) 2. Proposed Regulations Section 29.103(a) provides a
regardless of when service accrued. On The Secretary has the authority under definition for Federal Benefit Payment.
December 23, 2004, the District of section 11083 and paragraph 11251(b) This definition is amended to include
Columbia Retirement Protection (codified as DC Official Code § 11– payments made before October 1, 1997,
Improvement Act of 2004, Public Law 1572(a)) of the Act ‘‘to issue regulations under the Teachers Plan, the Police and
108–489, 118 Stat. 3966 (the 2004 Act) to implement, interpret, administer and Firefighters Plan, and the Judges Plan
was enacted. The 2004 Act amended the carry out the purposes of this [Act], and, and to make clear that, pursuant to
Act, in part, to create a new fund from in the Secretary’s discretion, those section 11012(b) of the Act, service
the two funds that had financed the regulations may have retroactive effect.’’ accrued after June 30, 1997, shall not be
Teachers Plan and the Police and The current regulations by their terms credited for purposes of determining the
Firefighters Plan and to provide the apply only to Federal Benefit Payments amount of any Federal Benefit Payment
Judges Plan with procedures for made on or after October 1, 1997, the under the Teachers Plan and the Police
resolving denied benefit claims. effective date of the Act. See 31 CFR and Firefighters Plan.

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19368 Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules

Section 29.103(a) also provides a Regulatory Flexibility Act (5 U.S.C. Stat. 251, 712–731, 756–759, as
definition for Retirement Funds. This chapter 6). amended.
definition is amended to include the Benefits Administrator means:
Executive Order 12866
funds used to make payments under the (1) For the Teachers Plan and the
Teachers Plan, the Police and This proposed rule is not a significant Police and Firefighters Plan under
Firefighters Plan, and the Judges Plan regulatory action as defined by section 11041(a) of the Act:
before October 1, 1997, and to reflect Executive Order 12866, 58 FR 51735. (i) During the interim benefits
changes to the funds made in the 2004 Therefore, a regulatory assessment is not administration period, the District of
Act. required. Columbia government; or
Section 29.201(a) is amended to use List of Subjects in 31 CFR Part 29 (ii) After the end of the interim
the word ‘‘Act’’ rather than the full benefits administration period:
name of the Act. Administrative practice and (A) The Trustee selected by the
Section 29.401(a)(2) and (3) are procedure, Claims, Disability benefits, Department under sections 11035(a) or
amended to include citations to the Firefighters, Government employees, 11085(a) of the Act;
portions of the 2004 Act that provide Intergovernmental relations, Law (B) The Department, if a
the Judges Plan with procedures for enforcement officers, Pensions, determination is made under sections
resolving denied benefit claims. Retirement, Teachers. 11035(d) or 11085(d) of the Act that, in
Section 29.401(c) is added to exclude Proposed Regulatory Amendment the interest of economy and efficiency,
from the coverage of Subpart D claims the function of the Trustee shall be
For the reasons discussed in the performed by the Department rather
and appeals that were filed against the
preamble, we propose to amend Title than the Trustee; or
District of Columbia before the effective
31, Part 29, Code of Federal Regulations, (C) Any other agent of the Department
date of the Act. This limitation is based
as follows: designated to make initial benefit
on section 11723 of the Act, which
requires the District of Columbia to PART 29—FEDERAL BENEFIT determinations and/or to recover or
continue to defend civil actions and PAYMENTS UNDER CERTAIN recoup or waive recovery or recoupment
proceedings already in process and DISTRICT OF COLUMBIA of overpayments of Federal Benefit
which prohibits claims against the RETIREMENT PROGRAMS Payments, or to recover or recoup debts
United States for civil actions and owed to the Federal Government by
proceedings already begun against the 1. The authority citation for Part 29 is annuitants; or
District of Columbia before the effective revised to read as follows: (2) For the Judges Plan under section
date of the Act. Authority: Subtitle A, Subchapter B of 11252(b) of the Act:
Section 29.402 provides a definition Chapter 4 of Subtitle C, and Chapter 3 of (i) During the interim benefits
for Act. This definition is deleted and Subtitle H, of Pub. L. 105–33, 111 Stat. 712– administration period, the District of
the definition in § 29.103(a) will be in 731, 756–759, and 786–787; as amended. Columbia government; or
effect for all of Part 29. 2. In § 29.101, paragraphs (a) and (c) (ii) After the end of the interim
Section 29.402 provides a definition are revised, and paragraph (e) is added, benefits administration period for the
for Benefits Administrator. This to read as follows: Judges Plan:
definition is deleted and the definition (A) The Trustee selected by the
in § 29.103(a) will be in effect for all of § 29.101 Purpose and scope. Department under section 11251(a) of
Part 29. (a) This part contains the the Act;
Section 29.501(e) is added to exclude Department’s regulations implementing (B) The Department, if a
from the coverage of Subpart E debt Subtitle A, Subchapter B of Chapter 4 of determination is made under section
collection claims asserted by the District Subtitle C, and Chapter 3 of Subtitle H, 11251(a) of the Act that, in the interest
of Columbia before the effective date of of Title XI of the Balanced Budget Act of economy and efficiency, the function
the Act and requests for waiver of of 1997, Pub. L. 105–33, 111 Stat. 251, of the Trustee shall be performed by the
collection filed with the District of 712–731, 756–759, enacted August 5, Department rather than the Trustee; or
Columbia before the effective date of the 1997, as amended. (C) Any other agent of the Department
Act. This limitation is based on section * * * * * designated to make initial benefit
11723 of the Act, which requires the (c) This part applies to Federal Benefit determinations and/or to recover or
District of Columbia to continue to Payments. recoup or waive recovery or recoupment
defend civil actions and proceedings of overpayments of Federal Benefit
* * * * *
already in process and which prohibits Payments, or to recover or recoup debts
(e) This part does not apply to the
claims against the United States for civil owed to the Federal Government by
District of Columbia replacement plan,
actions and proceedings already begun annuitants.
which covers payments based on service
against the District of Columbia before accrued after June 30, 1997, pursuant to * * * * *
the effective date of the Act. section 11042 of the Act. Federal Benefit Payment means a
3. In § 29.103, definitions for Act, payment for which the Department is
Regulatory Flexibility Act responsible under the Act, to which an
Benefits Administrator, Federal Benefit
It is hereby certified that this Payment, and Retirement Funds in individual is entitled under the Judges
proposed regulation, if adopted, would paragraph (a) are revised to read as Plan, the Police and Firefighters Plan, or
not have a significant economic impact follows: the Teachers Plan, in such amount and
on a substantial number of small under such terms and conditions as may
entities. The proposed regulation only § 29.103 Definitions. apply under such plans, including
affects the determination of the Federal (a) In this part— payments made under these plans
portion of retirement benefits to certain Act means Subtitle A, Subchapter B of before, on, or after the October 1, 1997,
former employees of the District of Chapter 4 of Subtitle C, and Chapter 3 effective date of the Act. Service after
Columbia. Accordingly, a regulatory of Subtitle H, of Title XI of the Balanced June 30, 1997, shall not be credited for
flexibility analysis is not required by the Budget Act of 1997, Pub. L. 105–33, 111 purposes of determining the amount of

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Federal Register / Vol. 70, No. 70 / Wednesday, April 13, 2005 / Proposed Rules 19369

any Federal Benefit Payment under the Dated: April 6, 2005. we have no adverse comments, we will
Teachers Plan and the Police and Rochelle F. Granat, take no further action on the proposed
Firefighters Plan. Director, Office of DC Pensions. amendments. If we receive adverse
* * * * * [FR Doc. 05–7291 Filed 4–12–05; 8:45 am] comments, we will withdraw only those
amendments on which we receive
Retirement Funds means the District BILLING CODE 4810–25–P
adverse comments. We will publish a
of Columbia Teachers, Police Officers,
timely withdrawal in the Federal
and Firefighters Federal Pension Fund
ENVIRONMENTAL PROTECTION Register indicating which amendments
established under section 11081 of the
AGENCY will become effective and which
Act, the District of Columbia Judicial
amendments are being withdrawn. If all
Retirement and Survivors Annuity Fund
40 CFR Part 63 or part of the direct final rules in the
established under section 11252 of the
Rules and Regulations section of this
Act, and their predecessor funds. [OAR–2004–0411; AD–FRL–7898–9] Federal Register is withdrawn, all
* * * * * RIN 2060–AK80 comments pertaining to those
4. Section 29.201 is revised to read as amendments will be addressed in a
follows: National Emission Standards for subsequent final rulemaking based on
Hazardous Air Pollutants for Source these proposed amendments. We will
§ 29.201 Purpose and scope. Categories: Generic Maximum not institute a second comment period
This subpart contains information Achievable Control Technology on the subsequent final action. Any
concerning the relationship between the Standards; and National Emission parties interested in commenting must
Department and the District government Standards for Ethylene Manufacturing do so at this time.
in the administration of the Act and the Process Units: Heat Exchange DATES: Comments. Written comments
functions of each in the administration Systems and Waste Operations must be received on or before May 31,
of that Act. AGENCY: Environmental Protection 2005.
5. In § 29.401, paragraphs (a)(2) and Agency (EPA). Public Hearing. If anyone contacts us
(3) are amended, and paragraph (c) is ACTION: Proposed rules; amendments.
by April 20, 2005 requesting to speak at
added, to read as follows: a public hearing, we will hold a public
SUMMARY: The EPA is proposing to hearing on April 28, 2005. If a public
§ 29.401 Purpose. amend the National Emissions hearing is held, it will be held at EPA’s
(a) * * * Standards for Hazardous Air Pollutants RTP Campus in Research Triangle Park,
for Source Categories: Generic NC, or an alternate site nearby. Persons
(2) The procedures for determining an interested in attending the public
Maximum Control Technology
individual’s eligibility for a Federal hearing should contact Ms. Dorothy
Standards which were promulgated in
Benefit Payment and the amount and Apple at (919) 541–4487 to verify that
June 1999 (64 FR 34863), and the
form of an individual’s Federal Benefit a hearing will be held and its location.
National Emission Standards for
Payment as required by sections 11021
Ethylene Manufacturing Process Units: ADDRESSES: Submit your comments,
and 11251(a) (codified at D.C. Official
Heat Exchange Systems and Waste identified by Docket ID No. OAR–2004–
Code § 11–1570(c)(2)(a)) of the Act;
Operations which were promulgated in 0411, by one of the following methods:
(3) The appeal rights available under July 2002 (67 FR 46258). The proposed • Federal eRulemaking Portal: http://
section 11022(a) of the Act and section amendments would clarify the www.regulations.gov. Follow the on-line
3 of the 2004 Act (codified at D.C. compliance requirements for benzene instructions for submitting comments.
Official Code § 11–1570(c)(3)) to waste streams, clarify the requirements • Agency Web site: http://
claimants whose claim for Federal for heat exchangers and heat exchanger www.epa.gov/edocket. EDOCKET, EPA’s
Benefit Payments is denied in whole or systems, and stipulate the provisions for electronic public docket and comment
in part; and offsite waste transfer in the national system, is EPA’s preferred method for
* * * * * emission standards for ethylene process receiving comments. Follow the on-line
(c) This part does not apply to claims units. The proposed amendments would instructions for submitting comments.
and appeals filed before October 1, also correct the regulatory language that • E-mail: a-and-r-docket@epa.gov.
1997. Such claims must be pursued make emissions from ethylene cracking • Fax: (202) 566–1741.
with the District of Columbia. furnaces during decoking operations an • Mail: EPA Docket Center,
exception to the provisions and Environmental Protection Agency,
6. In § 29.402, the definitions for Act delineate overlapping requirements for Mailcode: 6102T, 1200 Pennsylvania
and Benefits Administrator are storage vessels and transfer racks. Avenue, NW., Washington, DC 20460.
removed. In addition, the proposed Please include a duplicate copy, if
7. In § 29.501, paragraph (e) is added amendments would also correct errors possible.
to read as follows: in the proposed rule for the Acrylic and • Hand Delivery: Air and Radiation
Modacrylic Fiber Production source Docket, Environmental Protection
§ 29.501 Purpose; incorporation by
category which were not corrected as Agency, 1301 Constitution Avenue,
reference; scope.
indicated in the preamble to the June NW., Room B–108, Washington, DC
* * * * * 1999 final rule (64 FR 34863). 20460. Such deliveries are only
(e) This part does not apply to debt In the Rules and Regulations section accepted during the Docket’s normal
collection claims asserted and requests of this Federal Register, we are taking hours of operation, and special
for waivers of collection initiated before direct final action on the proposed arrangements should be made for
October 1, 1997. Such debt collection amendments because we view these deliveries of boxed information.
claims must be pursued by the District revisions as noncontroversial and We request that a separate copy also
of Columbia and such requests for anticipate no adverse comments. We be sent to the contact person listed
waivers of collection must be pursued have explained our reasons for the below (see FOR FURTHER INFORMATION
with the District of Columbia. amendments in the direct final rules. If CONTACT).

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