This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

29111 

Vol. 74, No. 117 

Friday, June 19, 2009 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

5 CFR Part 1600 

Employee Contribution Elections and 

Contribution Allocations 

AGENCY: Federal Retirement Thrift 

Investment Board. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Federal Retirement Thrift 

Investment Board (FRTIB) is amending 

its regulation pertaining to the timing of 

agency contributions to reflect changes 

the FRTIB anticipates will be made by 

the Thrift Savings Plan Enhancement 

Act of 2009 (Act). The Act provides that 

Agency Automatic (1%) Contributions 

and Agency Matching Contributions 

shall commence immediately. The 

regulatory amendment is necessary 

because FRTIB regulations follow 

current law, which provides that 

Agency Automatic (1%) Contributions 

and Agency Matching Contributions 

shall not commence until the equivalent 

of the second open season that begins 

after the employee commenced 

employment. The FRTIB is setting a 

August 1, 2009 effective date for this 

regulation to allow employing agencies 

sufficient time to make the necessary 

computer programming changes to 

implement it. 

DATES: Effective Date: This interim final 

rule takes effect either June 19, 2009 or 

later, if the President has not signed the 

Act into law on that date. If you want 

to know the effective date of this rule, 

call or write the FRTIB’s contact person. 

The FRTIB will publish a document 

announcing the effective date in the 

Federal Register. 

Comment Date: Comments on this 

interim final rule must be received on 

or before July 20, 2009. 

ADDRESSES: You may submit comments 

using one of the following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Office of General Counsel, 

Attn: Laurissa Stokes, Federal 

Retirement Thrift Investment Board, 

1250 H Street, NW., Washington, DC 

20005. 

• Hand Delivery/Courier: The address 

for sending comments by hand delivery 

or courier is the same as that for 

submitting comments by mail. 

• Facsimile: Comments may be 

submitted by facsimile at (202) 942– 

1676. 

This is an interim final rule with a 

request for public comment. The most 

helpful comments explain the reason for 

any recommended change and include 

data, information, and the authority that 

supports the recommended change. We 

will post all substantive comments 

(including any personal information 

provided) without change (with the 

exception of redaction of SSNs, 

profanities, et cetera) on http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Laurissa Stokes at (202) 942–1645. 

SUPPLEMENTARY INFORMATION: The 

Agency administers the Thrift Savings 

Plan (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 are codified, as 

amended, largely at 5 U.S.C. 8351 and 

8401–79. The TSP is a tax-deferred 

retirement savings plan for Federal 

civilian employees and members of the 

uniformed services. The TSP is similar 

to cash or deferred arrangements 

established for private-sector employees 

under section 401(k) of the Internal 

Revenue Code (26 U.S.C. 401(k)). 

Employee Contribution Elections and 

Contribution Allocations 

The FRTIB is amending its regulations 

pertaining to the timing of agency 

contributions. H.R. 1256, which 

includes the Thrift Savings Plan 

Enhancement Act of 2009 (Act), passed 

the United States Senate on June 11, 

2009, and passed the United States 

House of Representatives on June 12, 

2009. The White House has indicated 

that the President will sign the Act into 

law. 

Among other things, the Act would 

provide for immediate Agency 

Automatic (1%) and Matching 

Contributions. 

Under the law in force prior to the 

Thrift Savings Plan Open Elections Act 

of 2004, newly hired Federal employees 

and members of the uniformed services 

had a 60-day period in which they 

could begin making TSP contributions. 

If they failed to do so, they were 

required to wait until an open season 

period to begin making contributions. 

Open seasons ran each year from April 

15 to June 30 and from October 15 to 

December 31. In addition, TSP 

participants could only change their 

contributions during an open season. 

Agency Automatic (1%) Contributions 

and Agency Matching Contributions 

would begin for newly eligible 

employees during the second open 

season after which an employee was 

first eligible to participate in the TSP. 

The Thrift Savings Plan Open 

Elections Act (bill) eliminated the 

statutory provisions relating to open 

seasons. It thereby allowed Federal 

employees and members of the 

uniformed services to begin or alter 

their contributions at any time. The bill 

did not, however, change when agency 

contributions would begin for newly 

eligible employees. As a consequence, 

agency contributions would still not 

start until the second open season that 

began after the employee commenced 

employment. 

However, since the bill eliminated the 

statutory provisions relating to open 

seasons, it was necessary for the FRTIB 

to promulgate a regulation explaining 

when Agency Automatic (1%) and 

Matching Contributions would 

commence. Its regulation is codified at 

5 CFR 1600.13. Since the Act provides 

for immediate Agency Automatic (1%) 

and Matching Contributions, it is 

necessary that the Agency immediately 

promulgate an interim final rule that is 

consistent with the Act. 

Pursuant to his authority to prescribe 

such regulations as may be necessary for 

the administration of the Thrift Savings 

Plan, (5 U.S.C. 8474(b)(5)), to include 

section 8432 (id.) and as may be 

necessary to carry out his 

responsibilities as Executive Director (5 

U.S.C. 8474(b)(5)), the Executive 

Director has given employing agencies 

until the first full pay period in August 

2009 to implement this regulation. He 

selected the first full pay period in 

August 2009 implementation date after 


cprice-sewell on PRODPC61 with RULES
29112 Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 

consulting with employing agencies and 

determining that this would give 

agencies sufficient time to modify their 

personnel and payroll systems to 

provide for immediate agency 

contributions. That is, in order to 

efficiently administer the Thrift Savings 

Plan and to carry out his responsibilities 

as Executive Director, he determined it 

necessary to give employing agencies 

sufficient time to modify their computer 

systems to carry out the requirements of 

this regulation and the law that was 

passed by the House less than eighteen 

hours after it was passed by the Senate. 

This flexibility will also benefit those 

participants whose employing agencies 

are capable of implementing sooner. 

That is, their employing agencies may 

begin making contributions on behalf of 

these employees as soon as practicable. 

Providing implementing flexibility is 

consistent with the grant of authority 

given to the Executive Director by the 

Thrift Savings Plan Enhancement Act of 

2009. Section 102 of the Act provides 

for ‘‘Automatic Enrollments and 

Immediate Employing Agency 

Contributions.’’ Immediate Employing 

Agency Contributions was meant as an 

enhancement to automatic enrollment. 

For example, it envisions a 3 percent 

default contribution rate in order to 

provide participants with a dollar for 

dollar match on their contributions. It 

specifies that the default contribution 

rate may not exceed 5 percent, which 

would provide participants with the 

greatest matching contributions allowed 

by law. Section 102 gives the Executive 

Director the authority to promulgate 

regulations pertaining to automatic 

enrollment. The Executive Director 

relies on this authority as well as the 

authorities specified above in 

promulgating this regulation. 

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 and members of the 

uniformed services. 

Paperwork Reduction Act 

I certify that these regulations do not 

require additional reporting under the 

criteria of the Paperwork Reduction Act. 

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. 

Submission to Congress and the 

General Accounting Office 

Pursuant to 5 U.S.C. 810(a)(1)(A), the 

Agency 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 

publication of this rule in the Federal 

Register. This rule is not a major rule as 

defined at 5 U.S.C. 814(2). 

List of Subjects in 5 CFR Part 1600 

Government employees, Pensions, 

Retirement. 

Gregory T. Long, 

Executive Director, Federal Retirement Thrift 

Investment Board. 

■ For the reasons stated in the preamble, 

the Federal Retirement Thrift 

Investment Board amends part 1600 of 

title 5 of the Code of Federal 

Regulations as follows: 

PART 1600—EMPLOYEE 

CONTRIBUTION ELECTIONS AND 

CONTRIBUTION ALLOCATIONS 

■ 1. The authority citation for part 1600 

is revised to read as follows: 

Authority: 5 U.S.C. 8351, 8432(a), 8432(b), 

8432(c), 8432(j), 8474(b)(5) and (c)(1), Thrift 

Savings Plan Enhancement Act of 2009, 

section 102. 

■ 2. Revise § 1600.13 to read as follows: 

§ 1600.13 Timing of agency contributions. 

An employee appointed or 

reappointed to a position covered by 

FERS is immediately eligible to receive 

agency contributions. In order to enable 

agencies to modify their personnel and 

payroll systems, agencies must 

implement this regulation as soon as 

practicable, but in no case later than the 

first full pay period in August 2009. 

Effective with the first full pay period of 

August 2009, all eligible employees 

must receive immediate agency 

contributions. 

[FR Doc. E9–14478 Filed 6–18–09; 8:45 am] 

BILLING CODE 6760–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1082; Directorate 

Identifier 2007–NM–337–AD; Amendment 

39–15925; AD 2009–12–02] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 Airplanes; Model A300 B4–601, 

B4–603, B4–620, B4–622, B4–605R, 

B4–622R, F4–605R, F4–622R, and C4– 

605R Variant F Airplanes (Collectively 

Called A300–600 Series Airplanes); 

and Model A310 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to the airplanes identified 

above. That AD currently requires 

revising the FAA-approved maintenance 

program to include a new airplane 

maintenance manual task that specifies 

a detailed inspection after each ram air 

turbine (RAT) retraction. That existing 

AD also currently requires, for certain 

airplanes, a one-time inspection to 

detect breaks in the bottom flange fitting 

of the RAT and corrective actions, if 

necessary; for certain airplanes, an 

adjustment of the ejection jack; and, for 

certain other airplanes, replacement of 

the aluminum part with an improved 

steel part. This AD also continues to 

require certain actions for additional 

airplanes and revising the FAAapproved maintenance program to 

include procedures for replacing the 

RAT swivel coupling fork fitting with a 

new steel part only. This AD results 

from a report that an additional swivel 

coupling of the RAT yoke fitting was 

found cracked during the 

accomplishment of the requirements of 

the existing AD. We are issuing this AD 

to prevent misrigging of the ejection jack 

of the RAT and to ensure removal of any 

RAT yoke fitting made from aluminum 

material. Such conditions could result 

in a broken or cracked swivel coupling 

and consequent failure of the RAT yoke 

fitting, which could result in the loss of 

RAT function and possible loss of 

critical flight control systems in the 

event of certain emergency situations. 

DATES: This AD becomes effective July 

24, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of July 24, 2009. 


cprice-sewell on PRODPC61 with RULES