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

14457 

Vol. 74, No. 60 

Tuesday, March 31, 2009 

1This temporary exemption originally was 

scheduled to expire on September 5, 2007. OTS 

extended the expiration date to March 1, 2008, 72 

FR 50644 (September 4, 2007), then to June 1, 2008, 

73 FR 10985 (February 29, 2008) to November 3, 

2008. 73 FR 30736 (May 29, 2008), and most 

recently to March 31, 2009. 73 FR 65257 (November 

3, 2008). 

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–2009–0002] 

RIN 1550–AC14 

Prohibited Service at Savings and 

Loan Holding Companies Extension of 

Expiration Date of Temporary 

Exemption 

AGENCIES: 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, 2009. 

DATES: Effective Date: The final rule is 

effective on March 31, 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 March 31, 

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, 2009. 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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14458 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 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. Revise § 585.100(b)(2) introductory 

text to read as follows 

§ 585.100 Who is exempt from the 

prohibition under this part? 

* * * * * 

(b) Temporary exemption. * * * 

(2) This exemption expires on 

September 30, 2009, 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: March 25, 2009. 

By the Office of Thrift Supervision. 

Scott M. Polakoff, 

Acting Director. 

[FR Doc. E9–7202 Filed 3–30–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0759; Directorate 

Identifier 2008–NE–02–AD; Amendment 39– 

15824; AD 2009–04–18] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney (PW) JT9D–7 Series Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for PW 

models JT9D–7, –7A, –7AH, –7H, –7F, 

and –7J turbofan engines. This AD 

requires initial and repetitive borescope 

inspections of the 2nd stage highpressure turbine (HPT) rotor and stator 

assembly. This AD results from an 

uncontained failure of a 2nd stage HPT 

rotor disk that caused the engine to 

separate from the airplane. We are 

issuing this AD to prevent failure of the 

2nd stage HPT rotor disk, which could 

result in uncontained engine failure, 

damage to the airplane, and the engine 

separating from the airplane. 

DATES: This AD becomes effective May 

5, 2009. The Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in the regulations as of May 5, 2009. 

ADDRESSES: You can get the service 

information identified in this AD from 

Pratt & Whitney, 400 Main St., East 

Hartford, CT 06108; telephone (860) 

565–8770; fax (860) 565–4503. 

The Docket Operations office is 

located at Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Dickert, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 

238–7199. 

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD. The proposed AD 

applies to PW models JT9D–7, –7A, 

–7AH, –7H, –7F, and –7J turbofan 

engines. We published the proposed AD 

in the Federal Register on July 10, 2008 

(73 FR 39627). That action proposed to 

require an initial and repetitive 

borescope inspection of the 2nd stage 

HPT vane assembly. 

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 provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comment received. 

One commenter asks us to change the 

compliance time from ‘‘cycles-sinceoverhaul’’ to ‘‘cycles-since-last 

installation of the second stage HPT 

vanes.’’ The commenter states that 

second stage HPT vanes might be 

removed and replaced at times other 

than module overhaul, such as for 

module repair. 

We agree. We changed paragraph (f) of 

the proposed AD from ‘‘Within 100 

cycles-in-service (CIS) after the effective 

date of this AD, or within 1,000 CIS 

after the last HPT module overhaul 

* * *’’ to ‘‘Within 100 cycles-in-service 

(CIS) after the effective date of this AD, 

or within 1,000 CIS after the last 

installation of the second stage HPT 

vanes * * *’’ 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD will affect 

240 engines installed on airplanes of 

U.S. registry. We also estimate that it 

will take about 5 work-hours per engine 

to perform the proposed actions, that 

each engine might require two 

inspections, and that the average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the total cost 

of the AD to U.S. operators to be 

$192,000. 

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: 


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