Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 51073 

1See Division A, titled the ‘‘Federal Housing 

Finance Regulatory Reform Act of 2008,’’ Title I, 

Section 1101 of HERA. 

2 12 U.S.C. 1820(k). 

eligibility of the voter to vote in the 

referendum. 

§ 1205.206 Reporting results of 

referendum. 

(a) Each FSA county office shall 

transmit a written county summary of 

ballots showing the results of the 

referendum in its county to its State 

office. 

(b) Each State office shall transmit a 

written summary of the referendum 

results from the county offices within its 

State to DAFO, and DAFO will provide 

a copy to the AMS. AMS will make the 

results available for public inspection 

for a period of 5 years following the end 

of the referendum period. 

(c) AMS shall prepare and submit to 

the Secretary a report as to the results 

of the referendum. The Secretary shall 

then publically proclaim the results of 

the referendum. 

§ 1205.207 Challenge of correctness of 

county summary of ballots. 

The FSA state offices shall make a 

prompt investigation and decision in 

case of any dispute or challenge 

regarding the correctness of the county 

summary of ballots in any county: 

Provided, That no dispute of challenge 

shall be investigated unless it is brought 

to the attention of the State FSA office 

within 3 days after receipt by the FSA 

State office of the county summary of 

ballots from such county. 

§ 1205.208 Disposition of ballots and 

records. 

The FSA county office shall seal the 

voted ballots, challenged ballots found 

to be ineligible, spoiled ballots, register 

sheets, and summary sheets for the 

county in one or more envelopes or 

packages, plainly marked with the 

identification of the referendum, the 

date and the names of the county and 

State, and place them under lock and 

key in a safe place under the custody of 

the FSA county office for a period of 45 

days after the referendum period. If no 

notice to the contrary is received by the 

end of such time, and after the ballots 

and other records have been examined 

by a representative of the State FSA 

office, the voted ballots and challenged 

ballots shall be destroyed, but the 

registers and county summary sheets 

shall be filed for a period of 5 years in 

the office of the FSA county office. 

§ 1205.209 Confidential information. 

(a) The ballots cast or the manner in 

which any person voted and all 

information furnished to, compiled by, 

or in the possession of the referendum 

agent shall be regarded as confidential. 

(b) The ballots and other information 

or reports that reveal, or tend to reveal, 

the vote of any person covered under 

the Order and the voter list shall be 

strictly confidential and shall not be 

disclosed. 

§ 1205.210 Additional instructions and 

forms. 

AMS is hereby authorized to prescribe 

additional instructions and forms not 

inconsistent with the provisions of this 

subpart for the use of State and County 

FSA offices in conducting a referendum. 

Such additional instructions may 

include procedures for FSA county and 

State offices to report and announce the 

results of the preliminary count of the 

votes in the county and the State. 

Dated: September 28, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–23831 Filed 10–2–09; 8:45 am] 

BILLING CODE P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1212 

RIN 2590–AA19 

Post-Employment Restriction for 

Senior Examiners 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Final rule. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) is issuing a final 

regulation that sets forth a one-year 

post-employment restriction for senior 

examiners of FHFA pursuant to the 

Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992, 

which provides that each examiner of 

FHFA shall be subject to the same 

disclosures, prohibitions, obligations, 

and penalties applicable to examiners 

employed by the Federal Reserve Banks. 

DATES: The final regulation is effective 

November 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Janice A. Kullman, Assistant General 

Counsel, telephone (202) 414–8970 (not 

a toll-free number), Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street, NW., Washington, DC 20552. The 

telephone number for the 

Telecommunications Device for the Deaf 

is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Housing and Economic Recovery 

Act of 2008 (HERA), Public Law No. 

110–289, 122 Stat. 2654 (2008), 

amended the Federal Housing 

Enterprises Financial Safety and 

Soundness Act of 1992 (12 U.S.C. 4501 

et seq.) (Safety and Soundness Act) to 

establish FHFA as an independent 

agency of the Federal Government.1

FHFA was established to oversee the 

prudential operations of the Federal 

National Mortgage Association and the 

Federal Home Loan Mortgage 

Corporation (collectively, the 

Enterprises), and the Federal Home 

Loan Banks (Banks) (collectively, the 

regulated entities), and to ensure that 

they operate in a safe and sound manner 

including being capitalized adequately; 

foster liquid, efficient, competitive and 

resilient national housing finance 

markets; comply with the Safety and 

Soundness Act and rules, regulation, 

guidelines and orders issued under the 

Safety and Soundness Act, and the 

respective authorizing statutes of the 

regulated entities; and carry out their 

missions through activities authorized 

and consistent with the Safety and 

Soundness Act and their authorizing 

statutes; and, that the activities and 

operations of the regulated entities are 

consistent with the public interest. 

FHFA also has regulatory authority over 

the Office of Finance under 12 U.S.C 

4511. 

II. Proposed Rulemaking 

Section 6303(b) of the Intelligence 

Reform and Terrorism Prevention Act of 

2004, Public Law No. 108–458 (Dec. 17, 

2004), in amending section 10 of the 

Federal Deposit Insurance Act, 

established a post-employment 

restriction for senior examiners of the 

Office of the Comptroller of the 

Currency, Federal Reserve System, 

Federal Deposit Insurance Corporation, 

and Office of Thrift Supervision.2 In 

response, the Board of Governors of the 

Federal Reserve System (Federal 

Reserve) and the other financial 

regulators issued regulations on 

November 17, 2005, to reflect the new 

post-employment restriction. 

The Safety and Soundness Act 

provides that each examiner of FHFA 

‘‘shall be subject to the same 

disclosures, prohibitions, obligations 

and penalties as are applicable to 

examiners employed by the Federal 

Reserve Banks.’’ 12 U.S.C. 4517(e). In 

light of that provision, FHFA published 

a proposed Post-Employment 

Restriction for Senior Examiners 

regulation for public comment in the 

Federal Register, 74 FR 27470 (June 10, 

2009). The proposed regulation set forth 


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51074 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 

a post-employment restriction that is 

essentially the same as the restriction in 

the post-employment regulation of the 

Federal Reserve at 12 CFR part 264a. 

The Federal Reserve relies on section 8 

of the Federal Deposit Insurance Act (12 

U.S.C. 1818) for the penalty 

enforcement section of its regulation. 

The proposed regulation relied on 

similar provisions in section 1376 and 

1377 of the Safety and Soundness Act 

(12 U.S.C. 4636 and 4636a, 

respectively). Specifically, the 

regulation, as proposed, prohibited a 

senior examiner from knowingly 

accepting compensation as an 

employee, officer, director, or 

consultant of a regulated entity or the 

Office of Finance for one year after 

leaving the employment of FHFA if he 

or she has examined the regulated entity 

or the Office of Finance for two or more 

months during the last 12 months of 

employment at FHFA. 

III. Final Rulemaking 

In response to the request for public 

comment, FHFA received one comment 

from a member of the public. The 

comment recommended that that the 

one-year post-employment restriction 

period be expanded to five years. It also 

recommended that the post-employment 

restriction be expanded to include 

employment in any related industry, not 

just the regulated entity that the senior 

examiner inspects, supervises, or 

examines. 

FHFA has considered this comment 

and has determined not to expand the 

post-employment restriction as 

recommended. Expansion of the 

restriction would make the FHFA postemployment restriction inconsistent 

with that of the Federal Reserve. 

Further, FHFA believes that the 

recommended expansion of the 

restriction is not needed to ensure 

public trust in the impartiality and 

objectivity of FHFA’s actions. Therefore, 

the proposed regulation is adopted as a 

final regulation without change. 

IV. Section-by-Section Analysis 

The following is a section-by-section 

analysis of the regulation. 

Subpart A 

Subpart A is reserved. FHFA intends 

to cross-reference the Supplemental 

Standards of Ethical Conduct for 

Employees of the Federal Housing 

Finance Agency when such standards 

are published. 

Subpart B—Post-Employment 

Restriction for Senior Examiners 

Section 1212.1 Purpose and Scope 

Section 1212.1 provides that the 

purpose of subpart B is to set forth 

special post-employment restrictions for 

senior examiners. These restrictions are 

in addition to the post-employment 

restriction for FHFA employees under 

section 12 U.S.C. 4523, which is 

restated in 5 CFR part 9001. The postemployment restriction applicable to 

FHFA employees under 12 U.S.C. 4523 

provides that officers and employees of 

FHFA who are compensated at a certain 

salary level are not permitted to accept 

compensation from the Federal National 

Mortgage Association and the Federal 

Home Loan Mortgage Corporation for a 

period of two years after leaving FHFA. 

Section 1212.2 Definitions 

This section sets forth definitions 

applicable to subpart B. 

Consultant is defined as 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 is defined as an officer or 

employee of FHFA, including a special 

Government employee. 

Federal Home Loan Bank or Bank is 

defined as 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 is defined as the 

Office of Finance of the Federal Home 

Loan Bank System. 

Regulated entity is defined as the 

Federal National Mortgage Association 

and any affiliate thereof, the Federal 

Home Loan Mortgage Corporation and 

any affiliate thereof, or 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 is defined 

as 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 is defined as an 

FHFA employee who has been: 

• Authorized by FHFA to conduct 

examinations or inspections on behalf of 

FHFA; 

• Assigned continuing, broad and 

lead responsibility for examining a 

regulated entity or the Office of Finance; 

and 

• Assigned responsibilities for 

examining, inspecting, and supervising 

the regulated entity or the Office of 

Finance that— 

Æ Represents a substantial portion of 

the employee’s assigned 

responsibilities; and 

Æ Requires the employee to interact 

routinely with officers or employees of 

the regulated entity or the Office of 

Finance. 

To be considered a ‘‘senior 

examiner,’’ an employee must meet each 

of the criteria listed above. Thus, an 

examiner who spends a substantial 

portion of his or her time conducting or 

leading a targeted examination, but who 

does not have broad and lead 

responsibility for the overall 

examination program with respect to a 

regulated entity or the Office of Finance 

is not a ‘‘senior examiner’’ with respect 

to that regulated entity or the Office of 

Finance. An examiner who divides his 

or her time across a portfolio of 

regulatory entities, each of which does 

not represent a substantial portion of the 

examiner’s responsibilities, also is not a 

‘‘senior examiner.’’ Such an examiner is 

not likely to develop the type and 

degree of relationship with any one 

regulated entity or the Office of Finance 

that the post-employment restriction is 

designed to address. FHFA believes that 

an examiner has continuing 

responsibility for a regulated entity or 

the Office of Finance only when the 

examiner’s responsibilities for the 

regulated entity or the Office of Finance 

are expected to continue for a period of 

time that enables the examiner to 

develop a meaningful, dedicated, and 

sustained relationship with the 

regulated entity or the Office of Finance. 

FHFA believes that such a period of 

time is at least two months. 

To help examiners comply with the 

post-employment restrictions, the 

designated agency ethics official 

(DAEO) or the alternate DAEO will 

notify examiners in writing if they are 

subject to either the one-year postemployment restriction or the two-year 

post-employment restriction under 12 

U.S.C. 4523, or both. The DAEO or 

alternate DAEO will also provide 

examiners information about how to 

conform to one or both of the 

restrictions. 

The examiner-in-charge (EIC) of a 

Bank or the Office of Finance will be 

subject to the one-year post-employment 

restriction from working at the Bank or 

Office of Finance for which he or she 

served as EIC, but not necessarily other 


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Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 51075 

Banks which he or she may examine. In 

addition, the portfolio managers, who 

each generally oversee four Banks, will 

be subject to the one-year postemployment restriction for each Bank 

they oversee. These two groups of 

employees are responsible for 

establishing the scope of annual exams 

and assigning the composite rating for 

the Banks and therefore meet the 

definition of senior examiner. There 

may be rare instances of other 

examiners who meet the definition, but 

an examiner supervising one aspect of 

safety and soundness for all the Banks 

does not fall into the definition of the 

term ‘‘senior examiner.’’ Such a subject 

matter examiner does not have 

substantial enough contacts with any 

one particular bank to warrant a post 

employment restriction. FHFA estimates 

that approximately 15 examiners who 

serve as EICs and portfolio managers for 

the Banks and the Office of Finance are 

‘‘senior examiners’’ for the purposes of 

this regulation. 

Examiners who examine the 

Enterprises are subject to the two-year 

post employment restriction set forth in 

12 U.S.C. 4523 if they earn a certain 

salary, as is every FHFA employee. This 

two-year post-employment restriction 

subsumes the one-year postemployment restriction with respect to 

accepting employment at the 

Enterprises because any examiner who 

is a ‘‘senior examiner’’ is already 

precluded from accepting employment 

from an Enterprise because of his or her 

salary level. While there are currently 

approximately 30 examiners whose 

salary is below the threshold that 

triggers the two-year post-employment 

restriction, those examiners do not have 

broad and lead responsibility for 

examining a regulated entity or the 

Office of Finance and therefore do not 

meet the definition of ‘‘senior 

examiner.’’ FHFA believes that any 

examiner of an Enterprise who is a 

‘‘senior examiner’’ is also subject to the 

two-year post-employment restriction 

under 12 U.S.C. 4523. 

Section 1212.3 Post-employment 

restriction for senior examiners 

Section 1212.3 prohibits a senior 

examiner from knowingly accepting 

compensation as an employee, officer, 

director, or consultant of a regulated 

entity or the Office of Finance for one 

year after leaving the employment of 

FHFA if he or she has examined the 

regulated entity or the Office of Finance 

for two or more months during the last 

12 months of employment at FHFA. 

A person is a consultant for purposes 

of the one-year post-employment 

restriction if such person ‘‘directly 

works on matters for, or on behalf of’’ 

the relevant regulated entity or the 

Office of Finance. This provision means 

that a former senior examiner who joins 

a consulting or other firm or is selfemployed as a consultant may not, 

during the one-year post-employment 

period, participate in any work that the 

firm is conducting for a regulated entity 

or the Office of Finance that the former 

senior examiner is prohibited from 

doing directly. The former senior 

examiner does not, however, violate the 

post-employment restrictions by joining 

a firm that performs work for such a 

regulated entity or the Office of Finance 

as long as the former senior examiner 

does not personally participate in any 

such work. 

The post-employment restriction does 

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 the effective 

date of subpart B of this part. 

Section 1212.4 Waiver 

Section 1212.4 allows the Director, at 

the written request of a former senior 

examiner, to waive in writing, 

application of the one-year postemployment restriction, on a case-bycase basis, if the Director determines 

that granting the waiver does not affect 

the integrity of the supervisory program 

of FHFA. FHFA expects that waivers 

will be granted only in special 

circumstances. 

Section 1212.5 Penalties 

Section 1212.5 requires FHFA to seek 

one or both of the following penalties 

against a former senior examiner who 

violates the one-year post-employment 

restriction: 

(1) An order removing the individual 

from his or her position at, or 

prohibiting the individual from further 

participation in the affairs of, the 

regulated entity or the Office of Finance 

for a period of up to five years, and 

prohibiting the individual from 

participating in the conduct of the 

affairs of any regulated entity or the 

Office of Finance for a period of up to 

five years; or (2) a civil money penalty 

of not more than $250,000. 

The former senior examiner against 

whom FHFA seeks to impose these 

penalties has the procedural rights set 

forth in 12 U.S.C. 4636 and 4636a, as 

applicable, and any implementing 

regulations issued by FHFA. 

Regulatory Impacts 

Paperwork Reduction Act 

The regulation does not contain any 

information collection requirement that 

requires the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires that a 

regulation that has a significant 

economic impact on a substantial 

number of small entities, small 

businesses, or small organizations must 

include an initial regulatory flexibility 

analysis describing the regulation’s 

impact on small entities. Such an 

analysis need not be undertaken if the 

agency has certified that the regulation 

does not have a significant economic 

impact on a substantial number of small 

entities. 5 U.S.C. 605(b). FHFA has 

considered the impact of the regulation 

under the Regulatory Flexibility Act. 

FHFA certifies that the regulation is not 

likely to have a significant economic 

impact on a substantial number of small 

business entities because the regulation 

is applicable only to employees and 

officers and former employees and 

officers of FHFA, who are not small 

entities for purposes of the Regulatory 

Flexibility Act. 

List of Subjects in 12 CFR Part 1212 

Administrative practice and 

procedure, Conflicts of interest, Ethics. 

■ Accordingly, for the reasons stated in 

the preamble, under the authority of 12 

U.S.C. 4526 and 4517(e), FHFA amends 

12 CFR Chapter XII by adding part 1212 

to Subchapter A to read as follows: 

PART 1212—POST-EMPLOYMENT 

RESTRICTION FOR SENIOR 

EXAMINERS 

Subpart A—[Reserved] 

Subpart B—Post-Employment Restriction 

for Senior Examiners 

Sec. 

1212.1 Purpose and scope. 

1212.2 Definitions. 

1212.3 Post-employment restriction for 

senior examiners. 

1212.4 Waiver. 

1212.5 Penalties. 

Authority: 12 U.S.C. 4526, 12 U.S.C. 

4517(e). 

Subpart A—[Reserved] 

Subpart B—Post-Employment 

Restriction for Senior Examiners 

§ 1212.1 Purpose and scope. 

This subpart sets forth a one-year 

post-employment restriction applicable 

to senior examiners of the Federal 

Housing Finance Agency (FHFA). This 

restriction is in addition to the postemployment restriction applicable to 


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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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