This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

21693

Vol. 66, No. 84

Tuesday, May 1, 2001

FEDERAL RETIREMENT THRIFT

INVESTMENT BOARD

5 CFR Part 1604

Uniformed Services Accounts

AGENCY: Federal Retirement Thrift

Investment Board.

ACTION: Proposed rule.

SUMMARY: The Executive Director of the

Federal Retirement Thrift Investment

Board (Board) proposes to add a new

part to its regulations explaining the

rules under which members of the

uniformed services can participate in

the Thrift Savings Plan (TSP).

DATES: Comments must be received on

or before July 2, 2001.

ADDRESSES: Comments may be sent to

Patrick J. Forrest, Federal Retirement

Thrift Investment Board, 1250 H Street,

NW., Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT:

Patrick J. Forrest at (202) 942–1661.

SUPPLEMENTARY INFORMATION: The Board

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 provisions of FERSA have

been codified, as amended, largely at 5

U.S.C. 8351 and 8401–8479. The TSP is

a tax-deferred retirement savings plan

for Federal employees which is similar

to cash or deferred arrangements

established under section 401(k) of the

Internal Revenue Code (26 U.S.C.

401(k)).

The National Defense Authorization

Act for Fiscal Year 2000, Public Law

106–65, 113 Stat. 512, as amended by

the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001,

Public Law 106–398, 114 Stat. 1654,

extended the opportunity to participate

in the TSP to uniformed services

members. The uniformed services

include the Army, Navy, Air Force,

Marine Corps, Coast Guard, Public

Health Service, and the National

Oceanic and Atmospheric

Administration. Therefore, beginning on

October 9, 2001, uniformed services

members can elect to contribute to the

TSP, with contributions to commence in

January 2002. Generally, uniformed

services members are covered by the

TSP regulations found at 5 CFR chapter

VI. However, uniformed services

members will contribute to the TSP

under rules that differ substantially

from those that apply to civilian

accounts; this proposed rule

supplements TSP regulations to explain

those differences.

Analysis

An eligible employee elects to

contribute to the TSP by making a

contribution election within 60 days

after appointment to a TSP-eligible

position or during a TSP open season,

as described at 5 CFR part 1600.

Proposed § 1604.3 supplements part

1600 by explaining special open season

rules for uniformed services members

and by describing the initial uniformed

services open season to begin October 9,

2001, and to end January 31, 2002.

Proposed § 1604.4 further supplements

part 1600 by explaining special

uniformed services contribution rules,

most notably those allowing TSP

contributions from incentive and special

pay (including bonuses), and

contributions from pay that is not

subject to Federal income taxation.

Uniformed services accounts thereby

differ from civilian accounts, which

consist solely of contributions from

basic pay that is subject to Federal

income taxation; to account for these

differences, the TSP will maintain

separate uniformed services and civilian

accounts, as described in

proposed§ 1604.5.

The TSP error correction regulations

are codified at 5 CFR part 1605.

Proposed § 1604.6 explains a special

error correction rule that will apply if a

uniformed services employing agency

fails to deduct a TSP contribution from

bonus pay. Under the standard error

correction procedures, a participant can

establish a schedule of makeup

contributions to replace the missed

contribution through future payroll

deductions. That schedule may not

exceed four times the number of pay

periods over which the error occurred.

Because bonuses are paid in a single

monthly pay period, current procedures

would limit to four months the schedule

of makeup contributions relating to a

missed bonus contribution. The Board

believes that four months is insufficient

time to replace a bonus contribution

because the dollar amount of the bonus

might exceed the uniformed services

member’s monthly basic pay. Therefore,

proposed § 1604.6 allows a schedule of

makeup contributions of up to four

times the number of months it would

take for the service member to earn

basic pay equal to the dollar amount of

the missed contribution.

The regulations codified at 5 CFR

parts 1650, 1651, and 1655 govern TSP

withdrawals, death benefits, and loans,

respectively. Proposed §§ 1604.7,

1604.8, and 1604.10 supplement those

regulations. Proposed § 1604.7(d)

provides for a uniformed services

member to use the definition of

separation from service found at

proposed § 1604.2 to determine whether

he or she is eligible for a withdrawal

under part 1650. Other provisions of

those sections call for participants to

use separate forms for uniformed

services and civilian accounts, describe

the spousal rights applicable to

uniformed services members, and

explain how non-taxable sums are

treated differently from taxable sums

when they are distributed from the TSP.

Under 5 CFR part 1653, a TSP account

can be divided in an action for divorce,

annulment, or legal separation, and is

subject to legal process relating to child

support, alimony, or child abuse.

Proposed § 1604.9 supplements the part

1653 regulations. Proposed § 1604.9(a)

pertains to participants for whom the

TSP maintains both a uniformed

services account and a civilian account,

and states that a court order or legal

process must expressly state from which

account(s) payment is to be made.

Proposed §§ 1604.9(b) and (c) explain

how non-taxable sums are treated

differently from taxable sums when they

are paid from the TSP pursuant to a

court order or legal process.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities.

They will affect only employees of the

Federal Government.

Paperwork Reduction Act

I certify that these regulations do not

require additional reporting under the

criteria of the Paperwork Reduction Act

of 1980.

21694 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules

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.

List of Subjects in 5 CFR Part 1604

Employment benefit plans,

Government employees, Military

personnel, Pensions, Retirement.

For the reasons set out in the

preamble, the Board proposes to add a

new 5 CFR part 1604 to read as follows:

PART 1604—UNIFORMED SERVICES

ACCOUNTS

Sec.

1604.1 Applicability.

1604.2 Definitions.

1604.3 Contribution elections.

1604.4 Contributions.

1604.5 Separate service member and

civilian accounts.

1604.6 Error correction.

1604.7 Withdrawals.

1604.8 Death benefits.

1604.9 Court orders and legal processes.

1604.10 Loans.

Authority: 5 U.S.C. 8474(b)(5) and (c)(1);

sec. 661(b), Pub. L. 106–65, 113 Stat. 512, 672

(5 U.S.C. 8440e).

§ 1604.1 Applicability.

This part describes the special

features of TSP participation applicable

to members of the uniformed services.

Uniformed services members are also

covered by the other regulations of 5

CFR chapter VI to the extent they do not

conflict with the regulations of this part.

§ 1604.2 Definitions.

As used in this part:

Basic pay means basic pay payable

under 37 U.S.C. 204 and compensation

received under 37 U.S.C. 206.

Bonus contributions means

contributions made by participants from

a bonus as defined in 37 U.S.C. chapter

5.

Civilian account means the account to

which contributions have been made by

or on behalf of a civilian employee.

Civilian employee means a TSP

participant covered by the Federal

Employees’ Retirement System, the

Civil Service Retirement System, or

equivalent retirement plans.

Combat zone compensation means

compensation received for active service

during a month in which a member of

the Armed Forces serves in a combat

zone.

Combat zone contributions means

employee contributions that are made

from compensation subject to the

Federal income tax exclusion at 26

U.S.C. 112 for combat zone

compensation.

Employee contributions means

contributions made by participants from

basic pay, incentive pay, and special

pay (including bonuses).

Employing agency means the

organization that employs an individual

who is eligible to contribute to the TSP

and that has authority to make

compensation decisions for that

employee.

Federal civilian retirement system

means the Civil Service Retirement

System established by 5 U.S.C. chapter

83, subchapter III, the Federal

Employees’ Retirement System

established by 5 U.S.C. chapter 84, or

any equivalent Federal civilian

retirement system.

Periodic contributions means

employee contributions made from

recurring incentive pay and special pay

(including bonuses) as defined in 37

U.S.C. chapter 5.

Ready Reserve means those members

of the uniformed services described at

10 U.S.C. 10142.

Regular contributions means

employee contributions made from

basic pay.

Separation from service means a

transfer to inactive status or to a retired

list pursuant to a provision of title 10,

United States Code, or a release from

active duty that is not followed within

31 full calendar days by a resumption of

active duty.

Service member means a member of

the uniformed services on active duty or

a member of the Ready Reserve in any

pay status.

Service member account means the

account to which contributions have

been made by or on behalf of a member

of the uniformed services.

Special and incentive pay means pay

payable as special or incentive pay

under 37 U.S.C. chapter 5.

TSP record keeper means the entity

that is engaged by the Board to perform

record keeping services for the Thrift

Savings Plan. The TSP record keeper is

the National Finance Center, United

States Department of Agriculture,

located in New Orleans, Louisiana.

Uniformed services means the Army,

Navy, Air Force, Marine Corps, Coast

Guard, Public Health Service, and the

National Oceanic and Atmospheric

Administration.

§ 1604.3 Contribution elections.

A service member may make

contribution elections as described in 5

CFR part 1600, with the following

exceptions:

(a) Initial uniformed services open

season. A service member may make a

contribution election during an initial

uniformed services TSP open season

beginning October 9, 2001, and ending

January 31, 2002. Contributions based

on an election made on or before

December 31, 2001, will be deducted

from pay the first full pay period of

January 2002; elections made in January

2002 will be effective during the first

full pay period after the election is

received.

(b) New service members. An

individual who is appointed as a service

member may make a TSP contribution

election within 60 days after the

effective date of the appointment;

contributions based on such an election

will be made during the first full pay

period after the election is received.

(c) Conversion between active duty

and Ready Reserve status. A service

member who converts from Ready

Reserve status to active duty status (for

more than 30 days), or who converts

from active duty to Ready Reserve

status, may make a TSP contribution

election within 60 days after the

effective date of the conversion;

contributions based on such an election

will be made during the first full pay

period after it is received.

(d) TSP open season elections. In

addition to being able to make a

contribution election during the periods

described in paragraphs (a) through (c)

of this section, as applicable, a service

member may make a contribution

election during any TSP open season

thereafter (as described at 5 CFR part

1600, subpart B).

(e) Source of contributions. A service

member may elect to contribute sums to

the TSP from basic pay, incentive pay,

and special pay (including bonuses).

Except for an election to contribute from

bonuses, all contribution elections must

be made during one of the periods

described in paragraphs (a) through (d)

of this section. An election pertaining to

a bonus contribution may be made

before the service member receives the

bonus pay; however, the service

member must be making a regular

contribution in order to make a bonus

contribution. A service member may

elect to contribute from special or

incentive pay (including bonuses) in

anticipation of receiving such pay (that

is, he or she does not have to be

receiving the special pay or incentive

pay when the contribution election is

made); those elections will take effect

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules 21695

when the service member receives the

special or incentive pay.

§ 1604.4 Contributions.

(a) Employee contributions. Subject to

the regulations at 5 CFR part 1600 and

the following limitations, a service

member may make regular contributions

to the TSP from basic pay. If the service

member makes regular contributions, he

or she also may contribute all or a

portion of incentive pay and special pay

(including bonuses) to the TSP:

(1) Temporary percentage limitations.

Subject to paragraph (a)(2) of this

section, the maximum service member

TSP regular employee contribution

(including combat zone contributions)

for 2001 is 6 percent of basic pay per

pay period. The maximum contribution

will increase one percent a year until

2005, after which the percentage of

basic pay limit will not apply and the

maximum contribution will be limited

only as provided in paragraph (a)(2) of

this section.

(2) Internal Revenue Code limitations.

The dollar amount of TSP employee

contributions is limited by three

different provisions of the Internal

Revenue Code (I.R.C.). If a service

member’s employee contributions

exceed any of these limitations, the

service member may request a refund of

employee contributions (and associated

earnings) from the TSP on the form

titled ‘‘Request for Return of Excess

Employee Contributions to Participant,’’

which can be obtained from the TSP

record keeper. The completed form

must be returned to the TSP record

keeper by February 20 of the year after

the excess contributions were made.

(i) Limit on elective deferrals. Section

402(g) of the I.R.C. (26 U.S.C. 402(g))

places a dollar limit on the amount a

person may save on a tax-deferred basis

through retirement savings plans. (The

limit is periodically adjusted by the

Internal Revenue Service; it is $10,500

in 2001.) The TSP will not accept any

employee contributions that exceed the

I.R.C. section 402(g) limit. If a service

member contributes to a civilian TSP

account or to another qualified

employer plan described at I.R.C.

sections 401(k), 403(b), or 408(k) (26

U.S.C. 401(k), 403(b), or 408(k)), and the

total employee contributions from

taxable income made to all plans exceed

the I.R.C. section 402(g) limit, he or she

may request a refund of employee

contributions from the TSP to conform

with the limit. (Combat zone

contributions are not taken into

consideration when determining the

application of the I.R.C. section 402(g)

limit.)

(ii) Section 457 limit. If a service

member contributes to the TSP and to

a plan described at I.R.C. section 457 (26

U.S.C. 457) (generally, a deferred

compensation plan for a state or local

government or tax-exempt organization),

the total amount the service member

may contribute to all tax-deferred

savings plans cannot exceed the dollar

limit found at section 457(c)(as opposed

to the I.R.C. section 402(g) limit

described in paragraph (a)(2)(i) of this

section). (The limit is periodically

adjusted by the Internal Revenue

Service; it is $8,500 in 2001.) A service

member who contributes to a section

457 plan should consult that plan’s

administrator concerning any limit on

the amount he or she can also contribute

to the TSP. (Combat zone contributions

are not taken into consideration when

determining the application of the I.R.C.

section 457(c) limit.)

(iii) Limit on contributions to

qualified plans. Section 415(c) of the

I.R.C. (26 U.S.C. 415(c)) also places an

annual limit on the combined amount

that can be contributed to the TSP and

to other Federal civilian retirement

systems (as defined in § 1604.2). (The

limit is periodically adjusted by the

Internal Revenue Service; it is the lesser

of 25 percent of compensation or

$35,000 in 2001.) For purposes of

applying this limit, compensation

includes combat zone compensation. In

implementation of this law, no

employee contribution may be made to

the TSP for any year to the extent that

the sum of the employee’s contributions

to the TSP and to a Federal civilian

retirement system, when added to the

employer’s contributions to the TSP for

that year, would exceed the I.R.C.

section 415(c) limit. (If a service

member contributes to a civilian TSP

account and to a service member TSP

account in a single calendar year, the

annual limit on contributions will be

derived from the participant’s combined

service member and civilian

compensation.) Combat zone

contributions are taken into

consideration when determining the

application of the I.R.C. section 415(c)

limit.

(b) Matching contributions. When the

Secretary of a military department (i.e.,

the Army, Navy and Air Force)

authorizes matching contributions for a

service member, the service member’s

regular contributions will be matched

dollar-for-dollar on the first three

percent of basic pay contributed to the

TSP, and 50 cents on the dollar on the

next two percent of basic pay

contributed. Matching contributions

only apply to regular contributions.

Matching contributions are not taken

into consideration when determining

the application of the contribution

limits found at I.R.C. sections 402(g) and

457 (described in paragraphs (a)(2)(i)

and (a)(2)(ii) of this section,

respectively), but they are taken into

consideration when determining the

application of the contribution limit

found at I.R.C. section 415 (described in

paragraph (a)(2)(iii) of this section).

(c) Deduction and transmittal of

contributions. A service member’s

employing agency will deduct regular

contributions from the service member’s

basic pay each pay period based on his

or her contribution election and will

transmit the contributions to the TSP. If

a service member also elects to make

periodic contributions to the TSP, the

employing agency must deduct (and

transmit to the TSP) these contributions

from the service member’s incentive pay

or special pay (including bonuses), as

applicable.

§ 1604.5 Separate service member and

civilian accounts.

(a) Separate accounts. Service

member accounts are maintained

separately from civilian accounts.

Therefore, service members making both

civilian and uniformed services TSP

contributions will have two TSP

accounts. For those participants, the

accounts are treated separately except in

the following circumstances:

(1) If a participant contributes to a

service member account and a civilian

account, the contributions to both

accounts together cannot exceed the

Internal Revenue Code contribution

limits described in § 1604.4(a)(2).

(2) An active duty member of the

uniformed services may obtain a loan

from his or her account, as described at

§ 1604.10, and the loan will be

disbursed from the uniformed services

account. If the TSP maintains a service

member account and a civilian account

for an individual, the TSP will calculate

the Internal Revenue Code maximum

loan amount using both account

balances, as described in § 1604.10(a)(3).

(b) Transfers between TSP accounts.

Service member and civilian TSP

account balances may be combined

through a transfer (thus producing one

account), and the transferred funds will

be treated as employee contributions

and otherwise invested as described at

5 CFR part 1600. Transfers under this

section are subject to the following

rules:

(1) An account balance can be

transferred once the TSP is informed (by

the participant’s employing agency) that

the participant has separated from either

civilian or uniformed services

employment.

21696 Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules

(2) Combat zone contributions may

not be transferred from a uniformed

services TSP account to a civilian TSP

account.

(3) Transferred funds will be allocated

among the TSP’s investment funds

according to the contribution allocation

in effect for the gaining account.

(4) If a service member’s account

balance exceeds $3,500, the service

member must obtain the consent of his

or her spouse before transferring the

balance into a civilian account. A

request for an exception to the spousal

consent requirement will be evaluated

under the rules explained in 5 CFR part

1650.

(5) Before the transfer can be

accomplished, any outstanding loans

from the account to be transferred must

be closed as described in 5 CFR part

1655.

§ 1604.6 Error correction.

(a) General rule. A service member’s

employing agency must correct the

service member’s account if, as the

result of employing agency error, a

service member does not receive the

TSP contributions to which he or she is

entitled. Except as provided in

paragraph (b) of this section, those

corrections must be made in accordance

with 5 CFR part 1605.

(b) Missed bonus contributions. This

paragraph (b) applies when an

employing agency fails to implement a

contribution election that was properly

submitted by a service member

requesting that a TSP contribution be

deducted from bonus pay. Within 30

days of receiving the employing

agency’s acknowledgment of the error, a

service member may establish a

schedule of makeup contributions with

his or her employing agency to replace

the missed contribution through future

payroll deductions. These makeup

contributions can be made in addition

to any TSP contributions that the

service member is otherwise entitled to

make.

(1) The schedule of makeup

contributions may not exceed four times

the number of months it would take for

the service member to earn basic pay

equal to the dollar amount of the missed

contribution. For example, a service

member who earns $29,000 yearly in

basic pay and who missed a $2,500

bonus contribution to the TSP can

establish a schedule of makeup

contributions with a maximum duration

of 8 months. This is because it takes the

service member 2 months to earn $2,500

in basic pay (at $2,416.67 per month).

(2) At its discretion, an employing

agency may set a ceiling on the length

of a schedule of employee makeup

contributions. The ceiling may not,

however, be less than twice the number

of months it would take for the service

member to earn basic pay equal to the

dollar amount of the missed

contribution.

§ 1604.7 Withdrawals.

A service member may withdraw all

or a portion of his or her account under

the rules in 5 CFR part 1650, with the

following exceptions:

(a) Separate accounts. If the TSP

maintains a service member account

and a civilian account for an individual,

a separate withdrawal request must be

made for each account.

(b) Spousal rights. The spouse of a

service member participant has the

same TSP spousal rights as the spouse

of a civilian participant covered under

the Federal Employees’ Retirement

System; those spousal rights in the

context of a withdrawal (and the process

by which a service member may obtain

an exception to them) are explained at

5 CFR part 1650.

(c) Combat zone contributions. If a

service member account contains

combat zone contributions, the

withdrawal will be distributed pro rata

from all sources. If a participant

requests the TSP to transfer all, or a

portion, of a withdrawal to an

Individual Retirement Account (IRA) or

other eligible retirement plan, the pro

rata share of the withdrawal attributable

combat zone contributions (if any)

cannot be transferred.

(d) Separation. The definition of

separation from service at § 1604.2

applies when determining a service

member’s eligibility for a withdrawal.

§ 1604.8 Death benefits.

The account balance of a deceased

service member will be paid as

described at 5 CFR part 1651, with the

following exceptions:

(a) Separate accounts. To designate a

beneficiary for a TSP death benefit, a

service member must file a valid

beneficiary designation form. If the TSP

maintains a service member account

and a civilian account for an individual,

a separate beneficiary designation form

must be filed for each account.

(b) Combat zone contributions. If a

service member account contains

combat zone contributions, the death

benefit payment will be made pro rata

from all sources.

(c) Trustee-to-trustee transfers. The

surviving spouse of a TSP participant

can request the TSP to transfer a death

benefit payment to an Individual

Retirement Account (IRA); the pro rata

share attributable to combat zone

contributions (if any) cannot be

transferred.

§ 1604.9 Court orders and legal processes.

A TSP account can be divided in an

action for divorce, annulment, or legal

separation, and is subject to legal

process relating to child support,

alimony, or child abuse. The TSP will

make a payment from a service

member’s account under such orders or

processes as described at 5 CFR part

1653, with the following exceptions:

(a) Separate accounts. To qualify for

enforcement against the TSP, a court

order or legal process must expressly

relate to the TSP. Therefore, if the TSP

maintains a service member account

and a civilian account for an individual,

a qualifying court order or legal process

must expressly state from which

account payment is to be made.

(b) Combat zone contributions. If a

service member account contains

combat zone contributions, the payment

will be made pro rata from all sources.

(c) Trustee-to-trustee transfers. The

current or former spouse of a TSP

participant can request the TSP to

transfer a court-ordered payment to an

Individual Retirement Account (IRA) or

other eligible retirement plan; the pro

rata share attributable to combat zone

contributions (if any) cannot be

transferred.

(d) Transfer to a TSP account. If the

TSP maintains an account for a court

order payee who is the current or former

spouse of the participant, the payee can

request the TSP to transfer the courtordered payment to the payee’s TSP

account; the pro rata share attributable

to combat zone contributions (if any)

cannot be transferred.

§ 1604.10 Loans.

A service member may be eligible for

a TSP loan as described at 5 CFR part

1655, with the following exceptions:

(a) Separate accounts. If the TSP

maintains a service member account

and a civilian account for an individual:

(1) A separate loan application must

be made for each account;

(2) A participant may have no more

than two loans outstanding from each

account at any time; one loan from each

account may be a loan for the purchase

of a primary residence;

(3) The Internal Revenue Code

maximum loan amount test, which is

described in 5 CFR part 1655, will be

applied using the combined balances in

both TSP accounts; and

(4) Separate TSP loan statements will

be issued for each account.

(b) Spousal rights. Before a loan

agreement is approved for a service

member account, the participant’s

Federal Register / Vol. 66, No. 84 / Tuesday, May 1, 2001 / Proposed Rules 21697

spouse must consent to the loan by

signing the loan agreement. A request

for an exception to the spousal consent

requirement will be evaluated under the

rules explained in 5 CFR part 1650.

(c) Combat zone contributions. If a

service member account contains

combat zone contributions, the loan will

be distributed pro rata from all sources;

loan repayments will be credited on a

similar pro rata basis. If a loan is

declared a taxable distribution, the pro

rata share of the loan attributable to

combat zone contributions (if any) will

not be reported as taxable income to the

participant.

Roger W. Mehle,

Executive Director, Federal Retirement Thrift

Investment Board.

[FR Doc. 01–10698 Filed 4–30–01; 8:45 am]

BILLING CODE 6760–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–72–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A300 B2; A300 B4; A300 B4–600, B4–

600R, and F4–600R (Collectively Called

A300–600); A310; A319; A320; A321;

A330; and A340 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Airbus Model A300 B2; A300

B4; A300 B4–600, B4–600R, and F4–

600R (collectively called A300–600);

A310; A319; A320; A321; A330; and

A340 series airplanes. This proposal

would require replacement of Labinal

actuators in certain powered cockpit

seats by new improved actuators. This

action is necessary to prevent

uncommanded horizontal movement of

the cockpit seats or loss of ability to lock

the seats in place during flight, which

could limit the ability of the crew to

perform necessary tasks, leading to

reduced controllability of the airplane.

This action is intended to address the

identified unsafe condition.

DATES: Comments must be received by

May 31, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

72–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-nprmcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2001–NM–72–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule may be obtained from

SOGERMA Z.I. de l’arsenal, BP. 109–

17303 Rochefort Cedex, France. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Dan

Rodina, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056, telephone (425) 227–2125;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this action may be changed in light

of the comments received.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this action

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2001–NM–72–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket

Number 2001–NM–72–AD, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056.

Discussion

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

recently notified the FAA that an unsafe

condition may exist on Airbus Model

A300 B2; A300 B4; A300 B4–600, B4–

600R, and F4–600R (collectively called

A300–600); A310; A319; A320; A321;

A330; and A340 series airplanes,

equipped with certain powered cockpit

seats manufactured by SOGERMA. The

DGAC advises that there have been

incidents of uncommanded horizontal

movement of the seats during flight.

Investigation indicated that these

incidents were due to broken Labinal

actuators for the electric brake on the

seats. This condition, if not corrected,

could result in uncommanded

movement of the cockpit seats or loss of

ability to lock the seats into place

during flight, which could limit the

ability of the crew to perform necessary

tasks, leading to reduced controllability

of the airplane.

Explanation of Relevant Service

Information

SOGERMA has issued Service

Bulletin SB TAAI2–25–402, Revision 1,

dated December 21, 2000, which

describes procedures for replacement of

the Labinal actuators in the cockpit

seats with new improved actuators.

Accomplishment of the actions

specified in the service bulletin is

intended to adequately address the

identified unsafe condition. The DGAC

classified this service bulletin as

mandatory and issued French

airworthiness directive 2000–524(B),

dated December 27, 2000, in order to