Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13337 

5 5 U.S.C. 601(2). 

6 5 U.S.C. 553(b)(B). 

7 73 FR 55704 (Sept. 26, 2008). 

and inconsistent with the public interest 

since it may result in undue constraint 

on national banks’ ability to perform 

critical lending and financial 

intermediary roles, which are necessary 

for the orderly functioning and liquidity 

of financial markets. Issuance of this 

final rule furthers the public interest 

because it will reduce liquidity and 

other strains being experienced by 

money market mutual funds. 

Regulatory Analysis 

Executive Order 12866 

The OCC has determined that this 

final rule is not a significant regulatory 

action under Executive Order 12866. 

The changes made by this final rule will 

not have an annual effect on the 

economy of $100 million or more within 

the meaning of Executive Order 12866. 

Regulatory Flexibility Act Analysis 

The Regulatory Flexibility Act (Pub. 

L. 96–354, Sept. 19, 1980) (RFA) applies 

only to rules for which an agency 

publishes a general notice of proposed 

rulemaking pursuant to 5 U.S.C. 553(b).5

Pursuant to the Administrative 

Procedure Act (APA) at 5 U.S.C. 

553(b)(B), general notice and an 

opportunity for public comment are not 

required prior to the issuance of a final 

rule when an agency, for good cause, 

finds that ‘‘notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest.’’6

For the reasons set forth in the interim 

final rule,7 the OCC determined for good 

cause that the APA did not require 

general notice and public comment on 

the interim final rule and, therefore, did 

not publish a general notice of proposed 

rulemaking. Thus, the RFA, pursuant to 

5 U.S.C. 601(2), does not apply to this 

final rule. 

Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3506), the OCC has reviewed 

the final rule and determined that it 

contains no collections of information 

as defined by the Paperwork Reduction 

Act. 

Unfunded Mandates Reform Act of 1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, Public 

Law 104–4 (2 U.S.C. 1532) (Unfunded 

Mandates Act), requires that an agency 

prepare a budgetary impact statement 

before promulgating any rule likely to 

result in a Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more in any one year. The OCC has 

determined that there is no Federal 

mandate imposed by this rulemaking. 

Accordingly, the final rule is not subject 

to section 202 of the Unfunded 

Mandates Act. 

List of Subjects in 12 CFR Part 3 

Administrative practices and 

procedure, Capital, National banks, 

Reporting and recordkeeping 

requirements, Risk. 

12 CFR Chapter I 

Authority and Issuance 

■ For the reasons stated in the preamble, 

the Office of the Comptroller of the 

Currency amends Part 3 of chapter I of 

Title 12, Code of Federal Regulations, as 

follows: 

PART 3—MINIMUM CAPITAL RATIOS; 

ISSUANCE OF DIRECTIVES 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 12 U.S.C. 93a, 161, 1818, 

1828(n), 1828 note, 1831n note, 1835, 3907, 

and 3909. 

■ 2. In Appendix A to part 3, section 

3(a)(1) is amended by revising 

paragraph (ix) to read as follows: 

Appendix A to Part 3—Risk-Based 

Capital Guidelines 

* * * * * 

Section 3. Risk Categories/Weights for OnBalance Sheet Assets and Off-Balance Sheet 

Items 

* * * * * 

(a) * * * 

(1) Zero percent risk weight. * * * 

(ix) Asset-backed commercial paper 

(ABCP) that is: 

(A) Purchased by the bank on or after 

September 19, 2008, from a Securities and 

Exchange Commission (SEC)-registered openend investment company that holds itself out 

as a money market mutual fund under SEC 

Rule 2a–7 (17 CFR 270.2a–7); and 

(B) Pledged by the bank to a Federal 

Reserve Bank to secure financing from the 

ABCP lending facility (AMLF) established by 

the Federal Reserve Board on September 19, 

2008. 

* * * * * 

Dated: March 19, 2009. 

John C. Dugan, 

Comptroller of the Currency. 

[FR Doc. E9–6864 Filed 3–26–09; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0270; Directorate 

Identifier 2008–NE–30–AD; Amendment 39– 

15865; AD 2009–07–06] 

RIN 2120–AA64 

Airworthiness Directives; Hamilton 

Sundstrand Propellers Model 568F 

Propellers 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for 

Hamilton Sundstrand Propellers model 

568F propellers with certain part 

number (P/N) and serial number (SN) 

blades. This AD requires removing 

affected propeller blades from service 

for rework. This AD results from reports 

of blades with corrosion pits in the tulip 

area of the blades. We are issuing this 

AD to prevent cracks from developing in 

the tulip area of the blade, which could 

result in separation of the blade and loss 

of airplane control. 

DATES: This AD becomes effective May 

1, 2009. 

We must receive any comments on 

this AD by May 26, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Docket Management 

Facility, Department of Transportation, 

1200 New Jersey Avenue, SE., West 

Building Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Contact Hamilton Sundstrand 

Propeller Technical Team, One 

Hamilton Road, Mail Stop 1–3–AB43, 

Windsor Locks, CT 06096–1010; fax 

(860) 654–5107, for the service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: terry.fahr@faa.gov; 

telephone (781) 238–7155; fax (781) 

238–7170. 


sroberts on PROD1PC70 with RULES
13338 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: We have 

received reports of corrosion on six 

propeller blades. A lack of adhesive and 

primer beyond the end of the 

compression wrap during 

manufacturing of certain serialnumbered propeller blades could result 

in corrosion pits developing in the tulip 

area of the propeller blade. This 

condition, if not corrected, could cause 

cracks in the tulip area, which could 

result in separation of the propeller 

blade and possible loss of airplane 

control. 

FAA’s Determination and Requirements 

of This AD 

Although no airplanes that are 

registered in the United States use these 

propellers, the possibility exists that the 

propellers could be used on airplanes 

that are registered in the United States 

in the future. The unsafe condition 

described previously is likely to exist or 

develop on other Hamilton Sundstrand 

Propellers model 568F propellers of the 

same type design. We are issuing this 

AD to prevent cracks from developing in 

the tulip area of the blade, which could 

result in separation of the blade and loss 

of airplane control. This AD requires 

removing from service, Hamilton 

Sundstrand Propellers model 568F 

propellers, with a P/N and SN listed in 

Table 1 of this AD, within 30 days after 

the effective date of this AD. 

FAA’s Determination of the Effective 

Date 

Since no domestic operators use this 

product, notice and opportunity for 

public comment before issuing this AD 

are unnecessary. Therefore, we are 

adopting this regulation immediately. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to send us any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘AD Docket No. 

FAA–2009–0270; Directorate Identifier 

2008–NE–30–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the rule that might suggest a 

need to modify it. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of the Web site, anyone 

can find and read the comments in any 

of our dockets, including, if provided, 

the name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 street address for 

the Docket Operations office (telephone 

(800) 647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. 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. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration amends part 39 

of the Federal Aviation Regulations (14 

CFR part 39) as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2009–07–06 Hamilton Sundstrand 

Corporation: Amendment 39–15865. 

Docket No. FAA–2009–0270; Directorate 

Identifier 2008–NE–30–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 1, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Hamilton 

Sundstrand Propellers model 568F propellers 

with blades, part numbers (P/Ns) R815505R2, 

R815505R3, R815505R4, R815505S2, and 

R815505S3, that have a serial number (SN) 

listed in Table 1 of this AD, installed. These 

propellers are installed on, but not limited to, 

ATR–GIE Avions de Transport Regional 

ATR–42–400 and –500, ATR72–210A, –500, 

and Construcciones Aeronauticas, S.A. C– 

295 airplanes. 

TABLE 1—AFFECTED PROPELLER

BLADES BY SN 

31 

33 

34 

37 

40 

43 

105 

230 

259 

265 

277 


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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Rules and Regulations 13339 

TABLE 1—AFFECTED PROPELLER

BLADES BY SN—Continued 

278 

403 

747 

1007 

1031 

1510 

1515 

1803 

1813 

1823 

1834 

1917 

2072 

2299 

2300 

2383 

2459 

2460 

2462 

2464 

2469 

2470 

2473 

2492 

2510 

2535 

2577 

2625 

20010731 

20010732 

20010917 

20020568 

Unsafe Condition 

(d) This AD results from reports of blades 

with corrosion pits in the tulip area of the 

blades. We are issuing this AD to prevent 

cracks from developing in the tulip area of 

the blade, which could result in separation 

of the blade and loss of airplane control. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

30 days after the effective date of this AD. 

Removing Blades P/Ns R815505R2, 

R815505R3, R815505R4, R815505S2, and 

R815505S3 

(f) Remove from service blades, P/Ns 

R815505R2, R815505R3, R815505R4, 

R815505S2, and R815505S3, that have a SN 

listed in Table 1 of this AD. 

Alternative Methods of Compliance 

(g) The Manager, Boston Aircraft 

Certification Office, has the authority to 

approve alternative methods of compliance 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Special Flight Permits 

(h) Under 14 CFR 39.23, we will not issue 

any special flight permits. 

Related Information 

(i) Hamilton Sundstrand Alert Service 

Bulletin 568F–61–A47, dated September 19, 

2005, pertains to the subject of this AD 

Contact Hamilton Sundstrand Propeller 

Technical Team, One Hamilton Road, Mail 

Stop 1–3–AB43, Windsor Locks, CT 06096– 

1010; fax (860) 654–5107, for a copy of this 

service information. 

(j) Contact Terry Fahr, Aerospace Engineer, 

Boston Aircraft Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: terry.fahr@faa.gov; telephone 

(781) 238–7155; fax (781) 238–7170, for more 

information about this AD. 

Material Incorporated by Reference 

(k) None. 

Issued in Burlington, Massachusetts, on 

March 20, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–6876 Filed 3–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 5, 92, and 908 

[Docket No. FR–4998–F–04] 

RIN 2501–AD16 

Refinement of Income and Rent 

Determination Requirements in Public 

and Assisted Housing Programs: 

Delay of Effective Date 

AGENCY: Office of the Secretary, HUD. 

ACTION: Final rule; Delay of effective 

date. 

SUMMARY: HUD is delaying the effective 

date of the rule entitled ‘‘Refinement of 

Income and Rent Determination 

Requirements in Public and Assisted 

Housing Programs’’ published in the 

Federal Register on January 27, 2009. 

The rule, which was originally 

scheduled to become effective on March 

30, 2009, will become effective on 

September 30, 2009. Today’s action 

follows publication of HUD’s February 

11, 2009, Federal Register notice 

seeking public comment on whether 

delay in the effective date of the January 

27, 2009, final rule, would be beneficial 

in further consideration of the rule’s 

policies. This action is being taken in 

accordance with the memorandum of 

January 20, 2009, from the assistant to 

the President and Chief of Staff, entitled 

‘‘Regulatory Review.’’ 

DATES: Effective Date: The effective date 

of the final rule, which was published 

on January 27, 2009 (74 FR 4832) is 

delayed until September 30, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

Office of Public and Indian Housing 

programs, contact Nicole Faison, 

Director of the Office of Public Housing 

Programs, Department of Housing and 

Urban Development, 451 7th Street, 

SW., Room 4226, Washington, DC 

20410, telephone number 202–708– 

0744. For Office of Housing Programs, 

contact Gail Williamson, Director of the 

Housing Assistance Policy Division, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Room 6138, Washington, DC 20410, 

telephone number 202–402–2473. 

(These are not toll-free numbers.) 

Persons with hearing or speech 

impairments may access these numbers 

through TTY by calling the toll-free 

Federal Information Relay Service at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 27, 2009 (74 FR 4832), 

HUD published a final rule, entitled 

‘‘Refinement of Income and Rent 

Determination Requirements in Public 

and Assisted Housing Programs.’’ The 

January 27, 2009, final rule revises 

HUD’s public and assisted housing 

program regulations to implement the 

upfront income verification process for 

program participants and to require the 

use of HUD’s Enterprise Income 

Verification (EIV) system by public 

housing agencies and owners and 

management agents. The final rule was 

originally scheduled to become effective 

on March 30, 2009, but provided 

multifamily housing owners and 

management agents with an additional 

six months (until September 30, 2009) 

to implement use of the EIV. 

On February 11, 2009 (74 FR 6839), 

HUD published a notice in the Federal 

Register seeking public comment on 

whether delay in the effective date of 

the January 27, 2009, final rule, would 

be beneficial to further consider the 

rule’s policies before they become 

effective. The notice was issued in 

accordance with the memorandum of 

January 20, 2009, from the assistant to 

the President and Chief of Staff, entitled 

‘‘Regulatory Review’’ and subsequently 

published in the Federal Register on 

January 26, 2009 (74 FR 4435). The 

notice explained that HUD was 

considering a temporary 60-day delay in 

the effective date to allow HUD officials 

the opportunity for further review and 

consideration of new regulations, 

consistent with the Chief of Staff 

memorandum of January 20, 2009. 

In addition to seeking public 

comment, in the February 11, 2009, 

notice HUD took the opportunity to 

address questions received subsequent 

to publication of the January 27, 2009, 

final rule pertaining to the provisions 

requiring the use of social security 

numbers for determining program 

eligibility. The February 11, 2009, 

notice clarified that these requirements 

are not intended to apply to individuals, 

in mixed families, who do not contend 


sroberts on PROD1PC70 with RULES