51076 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 

employees of FHFA under 12 U.S.C. 

4523. 

§ 1212.2 Definitions. 

For purposes of subpart B of this part, 

the term: 

Consultant means a person who 

works directly on matters for, or on 

behalf of, a regulated entity or the Office 

of Finance. 

Director means the Director of FHFA 

or his or her designee. 

Employee means an officer or 

employee of FHFA, including a special 

Government employee. 

Federal Home Loan Bank or Bank 

means a Bank established under the 

Federal Home Loan Bank Act; the term 

‘‘Federal Home Loan Banks’’ means, 

collectively, all the Federal Home Loan 

Banks. 

Office of Finance means the Office of 

Finance of the Federal Home Loan Bank 

System, or any successor thereto. 

Regulated entity means the Federal 

National Mortgage Association and any 

affiliate thereof, the Federal Home Loan 

Mortgage Corporation and any affiliate 

thereof, any Federal Home Loan Bank; 

the term ‘‘regulated entities’’ means, 

collectively, the Federal National 

Mortgage Association and any affiliate 

thereof, the Federal Home Loan 

Mortgage Corporation and any affiliate 

thereof, and the Federal Home Loan 

Banks. 

Safety and Soundness Act means the 

Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992, as 

amended by the Federal Housing 

Finance Regulatory Reform Act of 2008, 

Division A of the Housing and 

Economic Recovery Act of 2008, Public 

Law No. 110–289, 122 Stat. 2654 (2008). 

Senior examiner means an employee 

of FHFA who has been: 

(1) Authorized by FHFA to conduct 

examinations or inspections on behalf of 

FHFA; 

(2) Assigned continuing, broad and 

lead responsibility for examining a 

regulated entity or the Office of Finance; 

and 

(3) Assigned responsibilities for 

examining, inspecting and supervising 

the regulated entity or the Office of 

Finance that— 

(i) Represents a substantial portion of 

the employee’s assigned 

responsibilities; and 

(ii) Requires the employee to interact 

routinely with officers or employees of 

the regulated entity or the Office of 

Finance. 

§ 1212.3 Post-employment restriction for 

senior examiners. 

(a) Prohibition. An employee of FHFA 

who serves as the senior examiner of a 

regulated entity or the Office of Finance 

for two or more months during the last 

12 months of his or her employment 

with FHFA may not, within one year 

after leaving the employment of FHFA, 

knowingly accept compensation as an 

employee, officer, director, or 

consultant from a regulated entity or the 

Office of Finance unless the Director 

grants a waiver pursuant to § 1212.4. 

(b) Effective date. The postemployment restriction in paragraph (a) 

of this section shall not apply to any 

officer or employee of FHFA or any 

former officer or employee of FHFA 

who ceased to be an officer or employee 

of FHFA before November 4, 2009. 

§ 1212.4 Waiver. 

At the written request of a senior 

examiner or former senior examiner, the 

Director may waive the postemployment restriction in § 1212.3 if he 

or she certifies, in writing, and on a 

case-by-case basis, that granting a 

waiver of such restriction does not affect 

the integrity of the supervisory program 

of FHFA. 

§ 1212.5 Penalties. 

(a) General. A senior examiner who, 

after leaving the employment of FHFA, 

violates the restriction set forth in 

§ 1212.3 shall be subject to one or both 

of the following penalties— 

(1) An order: 

(i) Removing the individual from 

office at the regulated entity or the 

Office of Finance or prohibiting the 

individual from further participation in 

the affairs of the relevant regulated 

entity or the Office of Finance for a 

period of up to five years; and 

(ii) Prohibiting the individual from 

participating in the affairs of any 

regulated entity or the Office of Finance 

for a period of up to five years; and/or 

(2) A civil money penalty of not more 

than $250,000. 

(b) Other penalties. The penalties set 

forth in paragraph (a) of this section are 

not exclusive, and a senior examiner 

who violates the restrictions in § 1212.3 

also may be subject to other 

administrative, civil, or criminal 

remedies or penalties as provided in 

law. 

(c) Procedural rights. The procedures 

applicable to actions under paragraph 

(a) of this section are those provided in 

the Safety and Soundness Act under 

section 1376, in connection with the 

imposition of a civil money penalty; 

under section 1377, in connection with 

a removal and prohibition order (12 

U.S.C. 4636 and 4636a, respectively); 

and under any regulations issued by 

FHFA implementing such procedures. 

Dated: September 26, 2009. 

Edward J. DeMarco, 

Acting Director. 

[FR Doc. E9–23807 Filed 10–2–09; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2009–0490; Airspace 

Docket No. 09–AWP–3] 

RIN 2120–AA66 

Establishment of Restricted Area 

R–2502A; Fort Irwin, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes a 

restricted area (R–2502A) at Fort Irwin, 

CA, as part of a Department of the Army 

initiative at the National Training 

Center (NTC). The NTC is being 

expanded to meet the critical need of 

the Army for additional training land 

and airspace suitable for maneuvering 

large numbers of military personnel and 

equipment. Additionally, the Silver 

military operation area (MOA) in the 

vicinity of the NTC Complex has been 

modified as part of this initiative. 

Unlike restricted areas, which are 

designated under Title 14 Code of 

Federal Regulations (14 CFR) part 73, 

MOAs are not rulemaking airspace 

actions. However, since the R–2502A 

will infringe on the Silver MOA, the 

FAA is including a description of the 

Silver MOA change in this rule. The 

MOA change described here was 

published in the National Flight Data 

Digest (NFDD). The Army requested 

these airspace changes to provide the 

additional special use airspace (SUA) 

above the expanded ground maneuver 

area to facilitate realistic combat 

training at the NTC. 

DATES: Effective Date: 0901 UTC, 

December 17, 2009. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On July 13, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 


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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 51077 

Restricted Area R–2502A, Fort Irwin, 

CA (74 FR 33382). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal. No 

comments were received during the 

comment period. 

Section 73.25 of 14 CFR Part 73 was 

republished in FAA Order 7400.8R, 

dated February 5, 2009. 

Military Operation Area (MOA) 

Restricted areas are regulatory 

airspace designations, under Title 14 

Code of Federal Regulations (CFR) part 

73, which are established to confine or 

segregate activities considered 

hazardous to non-participating aircraft. 

A MOA is a non-rulemaking type of 

SUA established to separate or segregate 

certain non-hazardous military flight 

activities from aircraft operating in 

accordance with instrument flight rules 

(IFR), and to identify for visual flight 

rules (VFR) pilots where those activities 

are conducted. IFR aircraft may be 

routed through an active MOA only 

when air traffic control can provide 

approved separation from the MOA 

activity. VFR pilots are not restricted 

from flying in an active MOA, but are 

advised to exercise caution while doing 

so. 

Unlike restricted areas, which are 

designated through rulemaking 

procedures, MOAs are non-rulemaking 

airspace areas that are established 

administratively and published in the 

National Flight Data Digest. Normally 

MOA actions are not published in a 

NPRM, but instead, are advertised for 

public comment through a non-rule 

circular that is distributed by an FAA 

Service Center office to aviation 

interests in the affected area. However, 

when a non-rulemaking action is 

connected to a rulemaking action, FAA 

procedures allow for the nonrulemaking action to be included in the 

Rule. In such cases, the NPRM replaces 

the non-rule circularization 

requirement. Because the change to the 

Silver MOA North was necessary, due to 

the establishment of the restricted area, 

the MOA was modified to exclude the 

airspace contained in R–2502A. 

MOA Change 

Silver MOA North, CA 

Boundaries. Beginning at lat. 35°39′00′′ N., 

long. 115°53′03′′ W.; to lat. 35°24′30′′ N., 

long. 115°53′03′′ W.; to lat. 35°06′50′′ N., 

long. 116°20′00′′ W.; to lat. 35°04′30′′ N., 

long. 116°29′00′′ W.; to lat. 35°07′00′′ N., 

long. 116°34′03′′ W.; to point of beginning. 

Excluding the airspace below 3,000 feet AGL 

within a 3NM radius of the town of Baker, 

CA (lat. 35°16′00′′ N. long. 116°04′33′′ W.) 

and R2502A. 

The Rule 

The FAA is amending Title 14 CFR 

part 73 to establish Restricted Area R– 

2502A at Fort Irwin, CA. The U.S. Army 

has requested this restricted area 

because the existing special use airspace 

does not include the airspace above the 

expanded land maneuver area created to 

support the NTC. This action will 

ensure a safe training environment, 

isolated from the public, for military air 

and ground maneuvers from the surface 

to the upper limits of restricted airspace. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it establishes restricted area airspace at 

Fort Irwin, CA. 

Environmental Review 

The FAA has determined that the 

Environmental Assessment (EA) 

prepared by the Department of Army 

associated with the proposed project, is 

adequate for adoption in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ Paragraph 404d. The FAA 

has independently evaluated the 

information contained in the EA and 

takes full responsibility for the scope 

and content that addresses FAA actions. 

Further, the FAA has issued its own 

Finding of No Significant Impact 

(FONSI). The FAA’s Adoption of 

Environmental Assessment and FONSI 

are combined into a single document 

dated August 1, 2008. A copy of the 

Adoption of Environmental Assessment 

and FONSI document has been inserted 

into the official docket for this 

rulemaking. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.25 [Amended] 

■ 2. § 73.25 is amended as follows: 

* * * * * 

R–2502A Fort Irwin, CA [New] 

Boundaries. Beginning at lat. 35°25′48′′ N., 

long. 116°18′48′′ W.; to lat. 35°25′30′′ N., 

long. 116°09′46′′ W.; to lat. 35°23′15′′ N., 

long. 116°09′47′′ W.; to lat. 35°06′54′′ N., 

long. 116°30′17′′ W.; to lat. 35°07′00′′ N., 

long. 116°34′03′′ W.; to lat. 35°18′45′′ N., 

long. 116°18′48′′ W. to point of beginning. 

Designated altitudes. Surface to 16,000 feet 

MSL. 

Time of designation. Continuous. 

Controlling agency. FAA, Hi-Desert 

TRACON, Edwards, CA. 

Using agency. Commander, Fort Irwin, CA. 

* * * * * 

Issued in Washington, DC, on September 

28, 2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–23879 Filed 10–2–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2009–0857] 

Drawbridge Operating Regulations; 

Victoria Barge Canal, Bloomington, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 


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