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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Proposed Rules 849.502

Liability for misused funds.

a A representative payee who misuses benefits, as determined in 849.501a, is responsible for repayment of the misused benefits.
b OPM will seek restitution from the former representative payee.

b A certified copy of a court order restoring the annuitants rights in a case where an annuitant was adjudged legally incompetent; or c Other evidence which establishes the annuitants ability to manage or direct the management of benefits.

Subpart FChanges of the Representative Payee
849.603 Transfer of conserved or accumulated funds.

849.601 When a new representative payee will be selected.

a When the agency learns that the interests of the annuitant are not served by continuing payment to the present representative payee or that the present representative payee is no longer able or willing to carry out the payee responsibilities, the agency will undertake to find a new representative payee.
b The agency will select a new representative payee if the agency finds a preferred payee or if the present payee:
1 Has been found by the agency or a court of competent jurisdiction to have misused the benefits;
2 Has not used the benefit payments on the annuitants behalf in accordance with the rules in this part;
3 Has not carried out the other responsibilities described in this subpart;
4 Dies;
5 No longer wishes to be the representative payee;
6 Is unable to manage the benefit payments; or 7 Fails to cooperate, within a reasonable time, in providing evidence, accounting, or other information requested by the agency.
c The agency may suspend payment as explained in 849.202c if we determine that making direct payment to the annuitant would cause substantial harm. Payments, including all retroactive amounts due, will resume once a representative payee is located.

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849.602 When representative payments will be stopped.

If an annuitant demonstrates that he or she is mentally and physically able to manage or direct the management of benefit payments, the agency will make direct payment to the annuitant.
Information which the annuitant may give to the agency to support his or her request for direct payment includes, but is not limited to, the following:
a A physicians statement regarding the annuitants condition, or a statement by a medical officer of the institution where the annuitant is or was confined, showing that the annuitant is able to manage or direct the management of his or her funds;

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A representative payee who has conserved or invested annuity payments shall transfer these funds and any interest earned from the invested funds to either a successor payee, to the annuitant, or to the agency as we will specify. If the funds and the earned interest are returned to the agency, we will recertify them to the successor representative payee or to the annuitant.
FR Doc. 202104628 Filed 3521; 8:45 am BILLING CODE 632538P

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service 9 CFR Chapter I
Food Safety and Inspection Service 9 CFR Chapter III
Docket No. APHIS20200079
RIN 0579AE60

Regulation of the Movement of Animals Modified or Developed by Genetic Engineering Animal and Plant Health Inspection Service, Department of Agriculture USDA; Food Safety and Inspection Service, USDA.
ACTION: Advance notice of proposed rulemaking; reopening of comment period.
AGENCY:

We are reopening the comment period for our advance notice of proposed rulemaking on establishing regulations for the movement of certain animals modified or developed by genetic engineering. This action will allow interested persons additional time to prepare and submit comments.
DATES: The comment period for the advance notice of proposed rulemaking published on December 28, 2020 85 FR
84269 is reopened. We will consider all comments that we receive on or before May 7, 2021.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov. Enter APHIS
20200079 in the Search field. Select SUMMARY:

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the Documents tab, then select the Comment button in the list of documents.
Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS20200079, Regulatory Analysis and Development, PPD, APHIS, Station 3A03.8, 4700 River Road, Unit 118, Riverdale, MD 207371238.
Supporting documents and any comments we receive on this docket may be viewed at regulations.gov or in our reading room, which is located in Room 1620 of the USDA South Building, 14th Street and Independence Avenue SW, Washington, DC. Normal reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call 202 7997039
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
Alan Pearson, Assistant Deputy Administrator, Biotechnology Regulatory Services; APHIS, 4700 River Road, Unit 98, Riverdale, MD 20737
1238; 301 8513944; Alan.Pearson@
usda.gov. Dr. Kis Robertson Hale, Deputy Assistant Administrator, Office of Public Health Science, USDA Food Safety and Inspection Service, 1400
Independence Avenue SW, Room 341
E. Whitten Building; 202 7204819;
Kis.Robertson1@usda.gov.
SUPPLEMENTARY INFORMATION: On December 28, 2020, we published in the Federal Register 85 FR 8426984275, Docket No. APHIS20200079 an advance notice of proposed rulemaking ANPR on establishing regulations for the movement of certain animals modified or developed by genetic engineering. As outlined in the ANPR, the United States Department of Agriculture would promulgate regulations using the authorities granted to the Department through the Animal Health Protection Act, the Federal Meat Inspection Act FMIA, and the Poultry Products Inspection Act PPIA.
Pursuant to these authorities, the Animal and Plant Health Inspection Service would conduct a safety assessment of animals subject to the FMIA or PPIA that have been modified or developed using genetic engineering that may increase the animals susceptibility to pests or diseases of livestock, including zoonotic diseases, or ability to transmit the same. The Food Safety and Inspection Service would conduct a pre-slaughter food safety assessment to ensure that the slaughter and processing of certain animals modified or developed using genetic engineering would not result in a product that is adulterated or misbranded.

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