47494 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 

any conditions it deems appropriate, 

including without limitation, 

requirements that the issuer (i) Hedge any foreign currency risk, or 

(ii) Pledge collateral to secure the 

issuer’s obligation to reimburse the 

FDIC for any payments made pursuant 

to the guarantee. (iii) Limit executive compensation 

and bonuses, and/or 

(iv) Limit or refrain from the payment 

of dividends. 

* * * * * 

(k) Emergency Guarantee Facility. In 

the event that a participating entity that 

is either an insured depository 

institution or an entity that has issued 

FDIC-guaranteed debt on or before 

September 9, 2009 is unable, after 

October 31, 2009, to issue nonguaranteed debt to replace maturing 

senior unsecured debt as a result of 

market disruptions or other 

circumstances beyond the entity’s 

control, the participating entity may, 

with the FDIC’s prior approval under 

paragraph (h) of this section, issue 

FDIC-guaranteed debt after October 31, 

2009 and on or before April 30, 2010. 

Any such issuance is subject to all of the 

terms and conditions imposed by the 

FDIC in its approval decision as well as 

all of the provisions of this part, 

including without limitation, the 

payment of the applicable assessment 

and compliance with the disclosure 

requirements. 4. Amend section 370.5 as follows: 

a. Revise paragraph (f); and 

b. Revise paragraph (h)(2), to read as 

follows: 

§ 370.5 Participation. 

* * * * * 

(f) Except as provided in paragraphs 

(g), (j), and (k) of § 370.3, participating 

entities are not permitted to select 

which newly issued senior unsecured 

debt is guaranteed debt; all senior 

unsecured debt issued by a participating 

entity up to its debt guarantee limit 

must be issued and identified as FDICguaranteed debt as and when issued. 

* * * * * 

(h) * * * 

(2) Each participating entity that is 

either an insured depository institution, 

an entity that has issued FDICguaranteed debt before April 1, 2009, an 

entity that has been approved pursuant 

to § 370.3(h) to issue FDIC-guaranteed 

debt after June 30, 2009 and on or before 

October 31, 2009, or a participating 

entity that has been approved pursuant 

to § 370.3(k) to issue FDIC-guaranteed 

debt after October 31, 2009, must 

include the following disclosure 

statement in all written materials 

provided to lenders or creditors 

regarding any senior unsecured debt 

that is issued by it during the applicable 

issuance period and that is guaranteed 

under the debt guarantee program: 

This debt is guaranteed under the Federal 

Deposit Insurance Corporation’s Temporary 

Liquidity Guarantee Program and is backed 

by the full faith and credit of the United 

States. The details of the FDIC guarantee are 

provided in the FDIC’s regulations, 12 CFR 

Part 370, and at the FDIC’s Web site, http:// 

www.fdic.gov/tlgp. [If the debt being issued is 

mandatory convertible debt, add: The 

expiration date of the FDIC’s guarantee is the 

earlier of the mandatory conversion date or 

December 31, 2012]. [If the debt being issued 

is any other senior unsecured debt, add: The 

expiration date of the FDIC’s guarantee is the 

earlier of the maturity date of the debt or 

December 31, 2012.] 

* * * * * 

5. Amend section 370.6 as follows: 

a. Revise paragraph (d)(1); and 

b. Add paragraph (i), to read as 

follows: 

§ 370.6 Assessments under the Debt 

Guarantee Program. 

* * * * * 

(d) Amount of assessments for debt 

within the debt guarantee limit (1) 

Calculation of assessment. Subject to 

paragraphs (d)(3) and (h) of this section, 

and except as provided in paragraph (i) 

of this section, the amount of 

assessment will be determined by 

multiplying the amount of FDICguaranteed debt times the term of the 

debt or, in the case of mandatory 

convertible debt, the time period from 

issuance to the mandatory conversion 

date, times an annualized assessment 

rate determined in accordance with the 

following table. 

For debt with a maturity or time 

period to conversion date of 

The 

annualized 

assessment 

rate (in 

basis 

points) is 

180 days or less (excluding 

overnight debt) ...................... 50 

181–364 days ........................... 75 

365 days or greater .................. 100 

* * * * * 

(i) Assessment for Debt issued under 

the Emergency Guarantee Facility. The 

amount of the assessment for FDICguaranteed debt issued pursuant to 

§ 370.3(k) of this part is equal to the 

amount of the debt times the term of the 

debt (or in the case of mandatory 

convertible debt, the time period to 

conversion) times an annualized 

assessment rate of 300 basis points, or 

such greater rate as the FDIC may 

determine in its decision approving 

such issuance. 

Dated at Washington DC, this 9th day of 

September 2009. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–22372 Filed 9–15–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2008–1292; Notice No. 09– 

05A] 

RIN 2120–AJ35 

Flightcrew Alerting; Reopening of 

Comment Period 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); reopening of comment period. 

SUMMARY: On July 9, 2009, the FAA 

published an NPRM to amend the 

airworthiness standards for flightcrew 

alerting and invited comments for a 60- 

day period. The comment period closed 

on September 8, 2009; however, the 

FAA is reopening the comment period 

for an additional 15 days in response to 

requests from The Boeing Company; the 

Air Line Pilots Association, 

International; the General Aviation 

Manufacturers Association; and Airbus. 

All of the requestors stated that 

reopening the comment period is 

needed to permit them additional time 

to develop comments responsive to 

Notice No. 09–05. Reopening the 

comment period will allow the 

requestors and others additional time to 

review and comment on the proposal. 

DATES: The comment period for the 

NPRM published on July 9, 2009 (74 FR 

32810) closed September 8, 2009, and is 

reopened until October 1, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2008–1292 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

• Hand Delivery: Bring comments to 

Docket Operations in Room W12–140 of 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules 47495 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the rulemaking 

process, see the SUPPLEMENTARY

INFORMATION section of this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

proposed rule contact Loran Haworth, 

FAA, Airplane and Flightcrew Interface 

Branch (ANM–111), Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW, 

Renton, Washington 98057–3356; 

telephone (425) 227–1133; facsimile 

425–227–1232; e-mail 

Loran.Haworth@faa.gov. 

For legal questions concerning this 

proposed rule contact Doug Anderson, 

FAA, Office of the Regional Counsel 

(ANM–7), 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2166; facsimile 

425–227–1007; e-mail 

Douglas.Anderson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or if you are filing comments 

electronically, please submit your 

comments only one time. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD–ROM, 

mark the outside of the disk or CD–ROM 

and also identify electronically within 

the disk or CD–ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at http:// 

www.regulations.gov; 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Background 

On July 9, 2009, (74 FR 32810) Notice 

No. 09–05, ‘‘Flightcrew Alerting’’ that 

would amend the airworthiness 

standards for flightcrew alerting was 

published in the Federal Register. The 

comment period closed September 8. 

By requests dated August 28, 2009, 

from The Boeing Company; September 

2, 2009, from the Air Line Pilots 

Association, International (ALPA); 

September 3, 2009, from Airbus; and 

September 4, 2009, from the General 

Aviation Manufacturers Association 

(GAMA); the FAA was asked to extend 

the comment period by 60 days to 

permit a more careful review and 

consideration of the proposed rule. 

The FAA considered the requests and 

has determined that reopening the 

comment period for an additional 15 

days will allow The Boeing Company, 

ALPA, Airbus, GAMA and others, to 

complete their review and provide 

responsive comments on the NPRM. 

Reopening the comment period for the 

requested additional 60 days would 

adversely impact the FAA’s 

harmonization efforts with the European 

Aviation Safety Agency. 

The FAA finds it in the public interest 

to reopen the comment period for fifteen 

(15) days to give all interested persons 

additional time to complete their review 

and comments on the proposal. 

Issued in Washington, DC, on September 

11, 2009. 

Brenda D. Courtney, 

Acting Director, Office of Rulemaking. 

[FR Doc. E9–22343 Filed 9–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 71 and 93 

[Docket No. FAA–2009–0837; Airspace 

Docket No. 09–AWA–2; Notice No. 09–11] 

RIN 2120–AJ59 

Proposed Modification of the New 

York, NY, Class B Airspace Area; and 

Proposed Establishment of the New 

York Class B Airspace Hudson River 

and East River Exclusion Special 

Flight Rules Area 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to make 

a minor modification to the New York, 


srobinson on DSKHWCL6B1PROD with PROPOSALS