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

49791 

Vol. 74, No. 187 

Tuesday, September 29, 2009 

1This temporary exemption originally was 

scheduled to expire on September 5, 2007. OTS has 

extended the expiration date several times, most 

recently to September 30, 2009 (74 FR 14457, 

March 31, 2009). 

2 72 FR at 25953. 

3 72 FR at 25953–54. 

4 72 FR at 25954. 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Part 585 

[Docket No. OTS–2009–0018] 

RIN 1550–AC14 

Prohibited Service at Savings and 

Loan Holding Companies; Extension of 

Expiration Date of Temporary 

Exemption 

AGENCY: Office of Thrift Supervision 

(OTS), Treasury. 

ACTION: Final rule. 

SUMMARY: OTS is revising its rules 

implementing section 19(e) of the 

Federal Deposit Insurance Act (FDIA), 

which prohibits any person who has 

been convicted of any criminal offense 

involving dishonesty, breach of trust, or 

money laundering (or who has agreed to 

enter into a pretrial diversion or similar 

program in connection with a 

prosecution for such an offense) from 

holding certain positions with respect to 

a savings and loan holding company 

(SLHC). Specifically, OTS is extending 

the expiration date of a temporary 

exemption granted to persons who held 

positions with respect to a SLHC as of 

the date of the enactment of section 

19(e). The revised expiration date for 

the temporary exemption is September 

30, 2010. 

DATES: Effective Date: The final rule is 

effective on September 29, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deale, Director, Holding 

Companies and International Activities, 

Examinations, Supervision and 

Consumer Protection, (202) 906–7488, 

Marvin Shaw, Senior Attorney, 

Regulations and Legislation Division, 

(202) 906–6639, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: On May 8, 

2007, OTS published an interim final 

rule adding 12 CFR part 585. This new 

part implemented section 19(e) of the 

FDIA, which prohibits any person who 

has been convicted of any criminal 

offense involving dishonesty, breach of 

trust, or money laundering (or who has 

agreed to enter into a pretrial diversion 

or similar program in connection with a 

prosecution for such an offense) from 

holding certain positions with a SLHC. 

Section 19(e) also authorizes the 

Director of OTS to provide exemptions 

from the prohibitions, by regulation or 

order, if the exemption is consistent 

with the purposes of the statute. 

The interim final rule described the 

actions that are prohibited under the 

statute and prescribed procedures for 

applying for an OTS order granting a 

case-by-case exemption from the 

prohibition. The rule also provided 

regulatory exemptions to the 

prohibitions, including a temporary 

exemption for persons who held 

positions with respect to a SLHC on 

October 13, 2006, the date of enactment 

of section 19(e). This temporary 

exemption is set to expire on September 

30, 2009, unless a case-by-case 

exemption is filed prior to that 

expiration date.1

OTS is extending the expiration date 

of the temporary exemption to 

September 30, 2010. This extension will 

avoid needless disruptions of SLHC 

operations while OTS continues to 

review the public comments and 

develop a final rule addressing these 

comments. OTS has concluded that this 

extension of the exemption is consistent 

with the purposes of section 19(e) of the 

FDIA. 

Regulatory Findings 

Notice and Comment and Effective Date 

For the reasons set out in the interim 

final rule,2 OTS has concluded that: 

notice and comment on this extension 

are unnecessary and contrary to the 

public interest under section 552(b)(B) 

of the Administrative Procedure Act; 

there is good cause for making the 

extension effective immediately under 

section 553(d) of the APA; and the 

delayed effective date requirements of 

section 302 of the Riegle Community 

Development and Regulatory 

Improvement Act of 1994 (CDRIA) do 

not apply. 

Regulatory Flexibility Act 

For the reasons stated in the interim 

final rule,3 OTS has concluded that this 

extension does not require an initial 

regulatory flexibility analysis under the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), and that this 

extension should not have a significant 

impact on a substantial number of small 

entities, as defined in the RFA. 

Paperwork Reduction Act 

OTS has determined that this 

extension does not involve a change to 

collections of information previously 

approved under the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) 

Unfunded Mandates Act of 1995 

For the reasons stated in the interim 

final rule,4 OTS has determined that 

this extension will not result in 

expenditures by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of more than $100 

million in any one year. 

Executive Order 12866 

OTS has determined that this 

extension is not a significant regulatory 

action under Executive Order 12866. 

Plain Language 

Section 722 of the Gramm-LeachBliley Act (12 U.S.C. 4809) requires the 

Agencies to use ‘‘plain language’’ in all 

final rules published after January 1, 

2000. OTS believes that the final rule 

containing the extension is presented in 

a clear and straightforward manner. 

List of Subjects in 12 CFR Part 585 

Administrative practice and 

procedure, Holding companies, 

Reporting and recordkeeping 

requirements, Savings associations. 

Authority and Issuance 

■ For the reasons in the preamble, OTS 

is amending part 585 of chapter V of 

title 12 of the Code of Federal 

Regulations as set forth below: 


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49792 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Rules and Regulations 

PART 585—PROHIBITED SERVICE AT 

SAVINGS AND LOAN HOLDING 

COMPANIES 

■ 1. The authority citation for 12 CFR 

part 585 continues to read as follows: 

Authority: 12 U.S.C. 1462, 1462a, 1463, 

1464, 1467a, and 1829(e). 

■ 2. Amend § 585.100(b)(2) introductory 

text to read as follows: 

§ 585.100 Who is exempt from the 

prohibition under this part? 

* * * * * 

(b) * * * 

(2) This exemption expires on 

September 30, 2010, unless the savings 

and loan holding company or the person 

files an application seeking a case-bycase exemption for the person under 

§ 585.110 by that date. If the savings and 

loan holding company or the person 

files such an application, the temporary 

exemption expires on: 

* * * * * 

Dated: September 23, 2009. 

By the Office of Thrift Supervision. 

John Bowman, 

Acting Director. 

[FR Doc. E9–23432 Filed 9–28–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1117; Directorate 

Identifier 2008–NM–106–AD; Amendment 

39–16026; AD 2009–20–03] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Boeing Model 727 airplanes. This AD 

requires inspections for cracking of the 

left- and right-side shear ties and web 

posts of the kickload beam and the 

adjacent structure in the vertical 

stabilizer, and corrective actions if 

necessary. This AD results from a report 

of cracking of the left- and right-side 

web posts and shear ties of the kickload 

beam. We are issuing this AD to detect 

and correct cracking of the left- and 

right-side web posts and shear ties of 

the kickload beam, which, when 

coupled with failures in the adjacent 

structure, could result in structural 

failure of the vertical stabilizer, and loss 

of control of the airplane. 

DATES: This AD is effective November 3, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 3, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Berhane Alazar, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6577; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to all 

Boeing Model 727 airplanes. That 

NPRM was published in the Federal 

Register on October 29, 2008 (73 FR 

64284). That NPRM proposed to require 

inspections for cracking of the left- and 

right-side shear ties and web posts of 

the kickload beam and the adjacent 

structure in the vertical stabilizer, and 

corrective actions if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the commenters. 

Support for the AD 

Boeing concurs with the contents of 

the NPRM. 

Request To Revise Method of 

Determining Compliance Times 

ASTAR Air Cargo (ASTAR) states that 

the flight hours/flight cycles compliance 

methods are inconsistent. ASTAR states 

that it will have 24 airplanes that will 

need to be initially inspected within 

4,000 flight hours or 3,000 flight cycles 

if it uses the flight-hour compliance 

method specified in the NPRM. 

However, ASTAR asserts that it will 

have only eight airplanes that will need 

to be initially inspected within 4,000 

flight hours or 3,000 flight cycles if it 

uses the flight-cycles compliance 

method. 

From this comment, we infer that 

ASTAR requests that we revise the 

method we used to determine the 

compliance times proposed in the 

NPRM. We disagree. We acknowledge 

that the time each airplane will reach 

the required compliance time will vary 

depending on each operator’s particular 

utilization. However, we have 

confirmed that there is no inconsistency 

with the method used to determine the 

compliance time. 

We point out that the manufacturer 

recommended the flight-cycle/flighthour method for determining the 

compliance time in Boeing Special 

Attention Service Bulletin 727–55– 

0093, dated March 12, 2008. This 

recommendation was based on the 

average utilization rate and age of the 

affected airplanes yet to be inspected, as 

well as the age of the airplanes on 

which the subject unsafe condition was 

identified. 

In developing an appropriate 

compliance time, we considered the 

safety implications, the manufacturer’s 

recommendation, the time necessary to 

complete the rulemaking process, and 

the operators’ normal maintenance 

schedules for timely accomplishment of 

the required actions. In light of these 

items, we have determined that the 

method for determining the initial 

compliance time is appropriate. 

However, paragraph (l) of the final rule 

provides an affected operator the 

opportunity to apply for an adjustment 

of the compliance time if the operator 

also presents data that justify the 

adjustment. We do not find it necessary 

to change the final rule in this regard. 

Also, from this comment, we infer 

there is a misunderstanding that an 

operator has a choice between using the 

total flight cycles or the total flight 

hours on an airplane to determine the 

applicable compliance time. This AD 

does not provide such an option. To 

clarify, the ‘‘Condition’’ column of 

Table 1 in paragraph 1.E. of Boeing 

Special Attention Service Bulletin 727– 


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