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

52697 

Vol. 74, No. 197 

Wednesday, October 14, 2009 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 327 

RIN 3064–AD09 

Assessments: Paperwork Reduction 

Act Notice 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Notice of proposed rulemaking; 

supplemental notice. 

SUMMARY: On October 2, 2009, the 

Federal Deposit Insurance Corporation 

(FDIC) issued a notice of proposed 

rulemaking with request for comments 

to amend its assessment regulations to 

require insured institutions to prepay, 

on December 30, 2009, their estimated 

quarterly risk-based assessments for the 

fourth quarter of 2009, and for all of 

2010, 2011, and 2012. The FDIC would 

begin to offset prepaid assessments on 

March 30, 2010, representing payment 

for the fourth quarter of 2009 (see 74 FR 

51063 (Oct. 2, 2009)). The FDIC is 

supplementing that notice of proposed 

rulemaking with a Paperwork Reduction 

Act analysis and seeking comment on 

the Paperwork Reduction Act 

implications of the proposed rule. 

DATES: Comments on the Paperwork 

Reduction Act implications of the 

FDIC’s Prepaid Assessments proposal 

must be received on or before October 

28, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC concerning the Paperwork 

Reduction Act implications of this 

proposal. Such comments should refer 

to ‘‘Exemption Request and Transfer 

Notification, 3064–AD49’’. Comments 

may be submitted by any of the 

following methods: 

• Agency Web Site: http:// 

www.fdic.gov/regulations/laws/federal/ 

propose.html. Follow instructions for 

submitting comments on the Agency 

Web Site. 

• E-mail: Comments@FDIC.gov. 

Include ‘‘Exemption Request and 

Transfer Notification, 3064–AD49’’ in 

the subject line of the message. 

• Mail: Robert E. Feldman, Executive 

Secretary, Attention: PRA Comments, 

Federal Deposit Insurance Corporation, 

550 17th Street, NW., Washington, DC 

20429. 

• Hand Delivery/Courier: Guard 

station at the rear of the 550 17th Street 

Building (located on F Street) on 

business days between 7 a.m. and 5 p.m. 

All comments received will be posted 

without change to http://www.fdic.gov/ 

regulations/laws/federal/propose.html 

including any personal information 

provided. A copy of the comments may 

also be submitted to the OMB desk 

officer for the FDIC, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Bellotto, Counsel, Legal 

Division, (202) 898–3801. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

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

the FDIC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. The collection of information 

contained in this proposed rule is being 

submitted to OMB for review. 

Comment is solicited on: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(3) The quality, utility, and clarity of 

the information to be collected; 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology; 

e.g., permitting electronic submission of 

responses; and 

(5) Estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchases of services 

to provide information. 

Summary of the collections: (1) An 

information collection would occur 

when an insured depository institution 

applies to the FDIC for an exemption 

from all or part of its assessment 

prepayment; the application would 

explain why the prepayment would 

significantly impair the institution’s 

liquidity, or would otherwise create 

significant hardship, would contain a 

full explanation of the need for the 

exemption and include supporting 

documentation, such as current 

financial statements and cash flow 

projections, a description of 

management’s plans to correct the 

circumstances that caused the inability 

to pay the assessment, and any other 

relevant information, including any 

information the FDIC may request. (2) 

An information collection would occur 

when an insured depository institution 

enters into an agreement to transfer any 

portion of its prepaid assessment to 

another insured depository institution, 

and notifies the FDIC’s Division of 

Finance of that transaction by 

submitting a written agreement signed 

by the legal representatives of both 

institutions, including documentation 

that each representative has the legal 

authority to bind the institution. 

1. Application for Exemption 

Need and Use of the Information: 

Exemption requests would supplement 

the FDIC’s exercise of its discretion as 

supervisor and insurer to exempt an 

institution from the prepayment 

requirement if the FDIC determines that 

the prepayment would adversely affect 

the safety and soundness of that 

institution. 

Respondents: Insured depository 

institutions. 

Number of responses: 30–200 by the 

December 1, 2009 deadline. 

Frequency of response: Once. 

Average number of hours to prepare 

a response: 8 hours. 

Total annual burden: 240–1,600 hours 

for one-time exemption request. 

2. Transfer of Prepaid Assessments 

Need and use of the information: 

Institutions would be required to notify 

the FDIC of the transfer of prepaid 

assessments so that the FDIC can 

accurately track these transfers, and 

apply available prepaid assessments 

appropriately against institutions’ 

deposit insurance assessments. The 

need for credit transfer information 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
52698 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 

would expire when the prepaid 

assessments have been exhausted or 

when remaining prepaid assessments 

are returned to the institution after 

December 30, 2014. 

Respondents: Insured depository 

institutions. 

Number of responses: 75 during the 

first year; 25 the second year and 10 in 

the final year. 

Frequency of response: Occasional. 

Average number of hours to prepare 

a response: 2 hours. 

Total annual burden: 150 hours the 

first year; 50 hours the second year; and 

20 hours in the third year. 

By order of the Board of Directors. 

Dated at Washington, DC, this 9th day of 

October 2009. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–24822 Filed 10–9–09; 4:15 pm] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM415; Notice No. 25–09–11– 

SC] 

Special Conditions: Boeing Model 787– 

8 Airplane; Lightning Protection of 

Fuel Tank Structure To Prevent Fuel 

Tank Vapor Ignition 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Boeing Model 787–8 

airplane. This airplane will have novel 

or unusual design features when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. The Boeing Model 787–8 

airplane will incorporate a fuel tank 

nitrogen generation system (NGS) that 

actively reduces flammability exposure 

within the main fuel tanks significantly 

below that required by the fuel tank 

flammability regulations. Among other 

benefits, this significantly reduces the 

potential for fuel vapor ignition caused 

by lightning strikes. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These proposed 

special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: We must receive your comments 

by November 30, 2009. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attention: Rules Docket 

(ANM–113), Docket No. NM415, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM415. You may inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Mike Dostert, FAA, ANM–112, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2132; 

facsimile (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested persons to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

these proposed special conditions. You 

may inspect the docket before and after 

the comment closing date. If you wish 

to review the docket in person, go to the 

address in the ADDRESSES section of this 

notice between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change the proposed special 

conditions based on comments we 

receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it back to you. 

Background 

On March 28, 2003, The Boeing 

Company applied for an FAA type 

certificate for its new Boeing Model 

787–8 passenger airplane. The Boeing 

Model 787–8 airplane will be a new 

design, two-engine turbo-jet transport 

category airplane with a two-aisle cabin 

configuration. The maximum takeoff 

weight will be 484,000 pounds, and it 

will carry a maximum of 381 

passengers. 

Type Certification Basis 

Under provisions of 14 CFR 21.17, 

Boeing must show that Boeing Model 

787–8 airplanes (hereafter referred to as 

‘‘the 787’’) meet the applicable 

provisions of 14 CFR part 25, as 

amended by Amendments 25–1 through 

25–117, with three exceptions. Sections 

25.809(a) and 25.812 will remain as 

amended by Amendment 25–115, and 

§ 25.981, which will be as amended by 

Amendment 25–125 in accordance with 

14 CFR 26.37. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., part 25) do not contain adequate or 

appropriate safety standards for the 787 

because of novel or unusual design 

features, special conditions are 

prescribed under provisions of 14 CFR 

21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the 787 must comply with 

the fuel vent and exhaust emission 

requirements of 14 CFR part 34 and the 

noise certification requirements of 14 

CFR part 36. Finally, the FAA must also 

issue a finding of regulatory adequacy 

under § 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

Special conditions, as defined in 14 

CFR 11.19, are issued in accordance 

with § 11.38 and become part of the type 

certification basis in accordance with 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design features, the special 

conditions would also apply to the other 

model under § 21.101. 

Novel or Unusual Design Features 

The proposed 787 will have a fuel 

tank NGS that is intended to control fuel 

tank flammability. This NGS is designed 

to provide a level of performance that 

will reduce the warm day fleet average 

wing fuel tank flammability 

significantly below the maximum wing 

fuel tank flammability limits set in 

§ 25.981(b), as amended by Amendment 

25–125. This high level of wing fuel 

tank NGS performance is an unusual 

design feature not envisioned at the 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS