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

18659 

Vol. 74, No. 78 

Friday, April 24, 2009 

1Public Law 110–175, 110th Cong., 1st Sess., 121 

Stat. 2524 (2007). 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 4 

[Docket ID OCC–2009–0008] 

RIN 1557–AD22 

Freedom of Information Act 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Office of the Comptroller 

of the Currency (OCC) is proposing to 

amend its regulations governing the 

disclosure of information pursuant to 

requests made under the Freedom of 

Information Act (FOIA) to reflect recent 

changes to the FOIA made by the 

Openness Promotes Effectiveness in Our 

National Government Act of 2007 

(OPEN Government Act) and to make 

other changes that update the OCC’s 

FOIA regulations. 

DATES: Comments must be received by 

June 23, 2009. 

ADDRESSES: Because paper mail in the 

Washington, DC area and at the OCC is 

subject to delay, commenters are 

encouraged to submit comments by the 

Federal eRulemaking Portal or e-mail, if 

possible. Please use the title ‘‘Freedom 

of Information Act Regulations’’ to 

facilitate the organization and 

distribution of the comments. You may 

submit comments by any of the 

following methods: 

• Federal eRulemaking Portal— 

‘‘Regulations.gov’’: Go to http:// 

www.regulations.gov, under the ‘‘More 

Search Options’’ tab click next to the 

‘‘Advanced Docket Search’’ option 

where indicated, select ‘‘Comptroller of 

the Currency’’ from the agency dropdown menu, then click ‘‘Submit.’’ In the 

‘‘Docket ID’’ column, select ‘‘OCC– 

2009–0008’’ to submit or view public 

comments and to view supporting and 

related materials for this notice of 

proposed rulemaking. The ‘‘How to Use 

This Site’’ link on the Regulations.gov 

home page provides information on 

using Regulations.gov, including 

instructions for submitting or viewing 

public comments, viewing other 

supporting and related materials, and 

viewing the docket after the close of the 

comment period. 

• E-mail: 

regs.comments@occ.treas.gov. 

• Mail: Office of the Comptroller of 

the Currency, 250 E Street, SW., Mail 

Stop 2–3, Washington, DC 20219. 

• Fax: (202) 874–5274. 

• Hand Delivery/Courier: 250 E 

Street, SW., Mail Stop 2–3, Washington, 

DC 20219. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘Docket 

Number OCC–2009–0008’’ in your 

comment. In general, OCC will enter all 

comments received into the docket and 

publish them on the Regulations.gov 

Web site without change, including any 

business or personal information that 

you provide such as name and address 

information, e-mail addresses, or phone 

numbers. Comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

enclose any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

You may review comments and other 

related materials that pertain to this 

notice of proposed rulemaking by any of 

the following methods: 

• Viewing Comments Electronically: 

Go to http://www.regulations.gov, under 

the ‘‘More Search Options’’ tab click 

next to the ‘‘Advanced Document 

Search’’ option where indicated, select 

‘‘Comptroller of the Currency’’ from the 

agency drop-down menu, then click 

‘‘Submit.’’ In the ‘‘Docket ID’’ column, 

select ‘‘OCC–2009–0008’’ to view public 

comments for this rulemaking action. 

• Viewing Comments Personally: You 

may personally inspect and photocopy 

comments at the OCC, 250 E Street, 

SW., Washington, DC. For security 

reasons, the OCC requires that visitors 

make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and submit to security screening in 

order to inspect and photocopy 

comments. 

• Docket: You may also view or 

request available background 

documents and project summaries using 

the methods described above. 

FOR FURTHER INFORMATION CONTACT: Lee 

Walzer, Counsel, or Michele Meyer, 

Assistant Director, Legislative and 

Regulatory Activities Division, (202)– 

874–5090; or Frank Vance, Manager, 

Disclosure Services and Administrative 

Operations, Communications Division, 

(202)–874–5378. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The OPEN Government Act,1 enacted 

on December 31, 2007, made several 

amendments to the FOIA. The OPEN 

Government Act: revised definitions 

contained in the FOIA; changed 

standards for recovering attorneys fees 

in FOIA litigation; revised time limits 

for agencies to act on FOIA requests; 

provided that search fees would not be 

charged if an agency fails to comply 

with time limits if no unusual or 

exceptional circumstances apply to the 

processing of the request; required 

agencies to establish a tracking system 

enabling requesters to check the status 

of their request; added new reporting 

requirements to agencies’ annual FOIA 

reports; and required agencies to 

describe the FOIA disclosures relied 

upon in redacting records that they 

release to requesters. Many provisions 

of the OPEN Government Act took effect 

upon enactment; others (including some 

related to the proposed amendments to 

Part 4 in this NPRM) were effective as 

of December 31, 2008. The legislation 

did not require implementing 

regulations. 

Twelve CFR part 4, subpart B, sets 

forth OCC policies regarding the 

availability of information under the 

FOIA and procedures for requesters to 

follow when seeking such information. 

The OCC is proposing to amend subpart 

B of 12 CFR part 4 to reflect the changes 

to the FOIA made by the OPEN 

Government Act and to make additional 

changes to subpart B that would update 

or simplify existing regulations. 

II. Description of the Proposal 

Required Description of FOIA 

Exemptions Used To Justify NonDisclosure 

The FOIA requires agencies to 

indicate the amount of information 


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18660 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 

2 5 U.S.C. 552(b) (2007). 

3OPEN Government Act, § 12, amending 5 U.S.C. 

552(b). 

4 5 U.S.C. 552(a)(6)(A)(i). 

5The OPEN Government Act did not amend or 

repeal the FOIA provisions permitting agencies to 

extend the time for replying to FOIA requests in 

unusual circumstances. Id. at 552(a)(6)(B) and (C). 

Therefore the OCC’s rules continue to extend the 

time in such cases for up to an additional 10 

business days. 12 CFR 4.15(f)(3). 

6See id. at 552(a)(6)(B)–(C); 12 CFR 4.15(f)(3). 

7For commercial FOIA requesters, in contrast, an 

agency can assess document search and review 

charges, in addition to the duplication fees. 5 U.S.C. 

552(a)(4)(A)(ii)(I). 

8 Id. at 552(a)(4)(A)(ii)(II) (2006), amended by 

OPEN Government Act, § 3. 

9 12 CFR 4.17(a)(8). 

10See OPEN Government Act, § 3, amending 5 

U.S.C. 552(a)(4)(A). 

11 Id., § 7, amending 5 U.S.C. 552(a). 

12 Id. 

deleted from any material released 

pursuant to a FOIA request, unless that 

disclosure would harm an interest 

protected by one of the enumerated 

exemptions under which the deletion 

was initially made.2 Prior to the OPEN 

Government Act, the FOIA required 

agencies, when technically feasible, to 

indicate the amount of information 

deleted at the place in the record where 

the deletion was made. 

The OPEN Government Act amended 

the FOIA by adding the requirement 

that an agency detail the specific FOIA 

exemption under which material is 

deleted from information sought by a 

FOIA requester. If technically feasible, 

the agency should indicate the 

exemption under which the deletion 

was made at the place in the record 

where the agency deleted the material, 

and should indicate the amount of 

material that has been deleted.3 This 

provision took effect upon enactment of 

the OPEN Government Act. 

The OCC is therefore proposing to 

amend its FOIA regulation at 12 CFR 

4.12(d) to provide that the OCC will list 

any exemption under which material 

was deleted, unless doing so would 

harm an interest protected by an 

exemption under § 4.12(b). Where 

technically feasible, the OCC will 

indicate the amount of information 

redacted and the exemption relied upon 

for the redaction. 

Time Period for Responding to a FOIA 

Request 

The FOIA provides that an agency 

must determine whether to comply with 

a FOIA request within 20 days (not 

including Saturdays, Sundays, and legal 

holidays) of receipt of the request.4 The 

OPEN Government Act further provides 

that the 20-day period may not be 

tolled, except that an agency may make 

one request to the requester for 

additional information. An agency also 

may toll the 20-day period to clarify 

issues related to the fees being charged 

for a FOIA request. The OPEN 

Government Act states that the tolling 

period ends once an agency has 

received the requested information or 

resolved any fee issues. Finally, the 

OPEN Government Act provides that an 

agency may not assess search or 

duplication fees if the agency fails to 

comply with FOIA time limits, if no 

‘‘unusual or exceptional circumstances’’ 

apply to the processing of the request. 

All of these amendments are effective as 

of December 31, 2008. 

The OCC is proposing to revise 12 

CFR 4.15 to provide for the 20-day 

response period permitted by the statute 

and to specify that the 20-day period 

does not include Saturdays, Sundays, 

and holidays. The OCC is also 

proposing to amend 12 CFR 4.15 to 

provide for the 20-day time period to be 

tolled when the OCC: (1) makes a onetime request for additional information 

from the requester; or (2) needs to 

clarify a fee-related issue with the 

requester. The tolling period would end 

upon receipt of the requested 

information or resolution of the fee 

issue, as the case may be.5

Finally, the OCC is proposing to 

amend 12 CFR 4.17 to clarify that a 

requester will not be required to pay any 

otherwise applicable search or 

duplication fees if the OCC fails to 

comply with applicable time limits, if 

no ‘‘unusual’’ or ‘‘exceptional’’ 

circumstances, as described in the FOIA 

and set forth in OCC regulations, apply 

to the processing of the FOIA request.6

Definition of ‘‘Representative of the 

News Media’’ 

The OCC is proposing to amend 12 

CFR 4.17(a)(8) to amend the definition 

of ‘‘representative of the news media’’ to 

comport with the new definition in 

FOIA, as amended by the OPEN 

Government Act, that took effect upon 

the legislation’s enactment. Prior to 

enactment of the OPEN Government 

Act, the FOIA allowed an agency to 

assess ‘‘reasonable standard charges’’ 7

for document duplication when a FOIA 

request is made by a representative of 

the media,8 but the statute did not 

define what it meant to be a 

‘‘representative of the news media,’’ 

particularly with respect to freelance 

journalists who might be working 

independently. 

The OCC’s current definition of 

‘‘requester who is a representative of the 

news media’’ defines such a person as 

one ‘‘who seeks records for the purpose 

of gathering news (i.e., information 

about current events or of current 

interest to the public) on behalf of, or a 

freelance journalist who reasonably 

expects to have his or her work product 

published or broadcast by, an entity 

organized and operated to publish or 

broadcast news to the public.’’ 9

The OPEN Government Act amended 

FOIA to add a definition of 

‘‘representative of the news media’’ and 

clarifies that a freelance journalist 

should be deemed as working for the 

media if the journalist can demonstrate 

a ‘‘solid basis’’ for expecting 

publication.10 The OPEN Government 

Act further permitted an agency to 

consider the past publication history of 

a requester in determining whether the 

requester in fact qualifies as a 

‘‘representative of the news media.’’ The 

OPEN Government Act also recognized 

that such representatives could work in 

new forms of media, including 

electronic dissemination of news 

through telecommunications providers. 

The NPRM would amend the existing 

definition to clarify the circumstances 

in which a freelance writer is deemed to 

be working as a representative of the 

news media. Consistent with the OPEN 

Government Act, freelance writers 

would be regarded as representatives of 

the news media if they can demonstrate 

a ‘‘solid basis’’ for expecting 

publication. The revised definition 

furthermore would permit the OCC to 

consider a requester’s publication 

history in assessing whether the 

requester should be deemed a 

representative of the news media. The 

OCC invites comment on whether the 

new regulatory definition could be 

enhanced or clarified with, for example, 

additional examples of bases for 

expecting publication that would satisfy 

the standard for a requester to be 

recognized as a representative of a 

media outlet. 

Tracking and Contact Information 

The OPEN Government Act requires 

agencies to provide tracking numbers 

for requesters to follow the progress of 

their FOIA requests.11 To facilitate the 

ability of requesters to determine the 

progress of their FOIA requests, the 

OPEN Government Act likewise 

required agencies to establish by 

December 31, 2008, a telephone line or 

Internet service providing information 

about the status of a FOIA request to the 

person using the assigned tracking 

number.12

The OCC has developed an Internet 

Web site at https://appsec.occ.gov/ 


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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 18661 

publicaccesslink/ designed to provide 

tracking services to FOIA requesters so 

that they can monitor the status of their 

requests. This rulemaking proposes to 

establish a new section 4.18 that 

provides the Internet address and 

explains that a tracking number will be 

assigned to every FOIA request. The 

new section 4.18 also addresses how 

individuals without Internet access 

could continue to receive status updates 

about their FOIA requests. To facilitate 

the operation of the new tracking 

service, the OCC is also proposing to 

amend 12 CFR 4.15(c) to include a 

request for an electronic mail address in 

the requester’s contact information, 

where such information is available and 

the requester chooses to provide it. 

The OCC invites comments on any 

aspect of the proposed rule. 

III. Solicitation of Comments on Use of 

Plain Language 

The OCC also requests comment on 

whether the proposed rule is written 

clearly and is easy to understand. On 

June 1, 1998, the President issued a 

memorandum directing each agency in 

the Executive branch to write its rules 

in plain language. This directive applies 

to all new proposed and interim 

rulemaking documents issued on or 

after January 1, 1999. In addition, Public 

Law 106–102 requires each Federal 

agency to use plain language in all 

proposed and interim rules published 

after January 1, 2000. The OCC invites 

comments on how to make this rule 

clearer. For example, you may wish to 

discuss: 

(1) Whether we have organized the 

material to suit your needs; 

(2) Whether the requirements of the 

rule are clear; or 

(3) Whether there is something else 

we could do to make the rule easier to 

understand. 

IV. Regulatory Analysis 

Regulatory Flexibility Act 

Pursuant to Section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b) (RFA), the regulatory flexibility 

analysis otherwise required under 

Section 604 of the RFA is not required 

if the agency certifies that the rule will 

not have a significant economic impact 

on a substantial number of small entities 

and publishes its certification and a 

short, explanatory statement in the 

Federal Register along with its rule. The 

proposed rule would not have such an 

impact on small entities because the 

changes being proposed affect mainly 

the OCC and its processing of FOIA 

requests, and impose no costs on filers 

of these requests. Accordingly, pursuant 

to Section 605(b) of the RFA, the OCC 

hereby certifies that this proposal will 

not have a significant economic impact 

on a substantial number of small 

entities. Accordingly, a regulatory 

flexibility analysis is not needed. 

Executive Order 12,866 

The OCC has determined that this 

proposal is not a significant regulatory 

action under Executive Order 12,866. 

We have concluded that the changes 

made by this rule will not have an 

annual effect on the economy of $100 

million or more. The OCC further 

concludes that this proposal does not 

meet any of the other standards for a 

significant regulatory action set forth in 

Executive Order 12866. 

Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3506), we have reviewed the 

proposed rule to assess any information 

collections. There are 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. 

If a budgetary impact statement is 

required, Section 205 of the Unfunded 

Mandates Act also requires an agency to 

identify and consider a reasonable 

number of regulatory alternatives before 

promulgating a rule. The OCC has 

determined that this proposed rule will 

not result in expenditures by State, 

local, and Tribal governments, or by the 

private sector, of $100 million or more 

in any one year. Accordingly, this 

proposal is not subject to Section 202 of 

the Unfunded Mandates Act. 

List of Subjects 

12 CFR Part 1 

Banks, Banking, National banks. 

12 CFR Part 4 

National banks, Reporting and 

recordkeeping requirements, 

Administrative practice and procedure, 

Freedom of Information Act, Records. 

For the reasons set forth in the 

preamble, chapter I of title 12 of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

PART 4—ORGANIZATION AND 

AVAILABILITY OF INFORMATION 

UNDER THE FREEDOM OF 

INFORMATION ACT 

1. The authority citation for part 4 

continues to read as follows: 

Authority: 12 U.S.C. 93a. Subpart A also 

issued under 5 U.S.C. 552; Subpart B also 

issued under 5 U.S.C. 552; E.O. 12600 (3 CFR 

1987 Comp., p. 235). Subpart C also issued 

under 5 U.S.C. 301, 552; 12 U.S.C. 161, 481, 

482, 484(a), 1442, 1817(a)(3), 1818(u) and (v), 

1820(d)(6), 1820(k), 1821(c), 1821(o), 1821(t), 

1831m, 1831p–1, 1831o, 1867, 1951 et seq., 

2601 et seq., 2801 et seq., 2901 et seq., 3101 

et seq., 3401 et seq.; 15 U.S.C. 77uu(b), 

78q(c)(3); 18 U.S.C. 641, 1905, 1906; 29 

U.S.C. 1204; 31 U.S.C. 9701; 42 U.S.C. 3601; 

44 U.S.C. 3506, 3510. Subpart D also issued 

under 12 U.S.C. 1833e. 

2. Amend § 4.12(d) by adding two 

sentences at the end of the paragraph to 

read as follows: 

§ 4.12 Information available under the 

FOIA. 

* * * * * 

(d) Segregability. * * * The OCC will 

note the location and extent of any 

deletion, and identify the FOIA 

exemption under which material has 

been redacted, unless doing so would 

harm an interest protected by the 

exemption under paragraph (b) of this 

section pursuant to which the redaction 

was made. Where technically feasible, 

the amount of information redacted and 

the exemption pursuant to which the 

redaction was made will be indicated at 

the site(s) of the redaction. 

3. Amend § 4.15 by: 

a. Revising the section heading, 

paragraph (c)(1) introductory text, 

paragraph (c)(1)(i), and paragraph (f)(1); 

and 

b. Removing the word ‘‘or’’ at the end 

of paragraph (f)(3)(ii), removing the 

period at the end of paragraph (f)(3)(iii) 

and by adding in lieu thereof ‘‘; or’’, and 

adding paragraph (f)(3)(iv). 

The revisions and addition read as 

follows. 

§ 4.15 How to request records. 

* * * * * 

(c) Request for records—(1) Contact 

information and what the request for 

records must include. A person 

requesting records under this section 

must state, in writing: 

(i) The requester’s full name, address, 

telephone number and, at the 

requester’s option, electronic mail 

address. 

* * * * * 

(f) Time limits for responding to FOIA 

requests. — (1) Request. The OCC makes 

an initial determination to grant or deny 

a request for records within 20 days 


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18662 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Proposed Rules 

(excluding Saturday, Sundays, and 

holidays) after the date of receipt of the 

request, as described in paragraph (g) of 

this section, except as stated in 

paragraph (f)(3) of this section. 

* * * * * 

(3) * * * 

(iv) Tolling of time limits. (A) The 

OCC may toll the 20-day time period to: 

(1) Make one request for additional 

information from the requester; or 

(2) Clarify the applicability or amount 

of any fees, if necessary, with the 

requester. 

(B) The tolling period ends upon the 

OCC’s receipt of information from the 

requester or resolution of the fee issue. 

* * * * * 

4. Amend § 4.17 by: 

a. Revising the section heading, and 

paragraph (a)(8); 

b. Adding paragraph (b)(6); and 

c. Removing, in the parenthetical in 

paragraph (d), the phrase ‘‘10 business 

days’’, and by adding in lieu thereof the 

phrase ‘‘20 business days’’. 

The revisions and addition are set 

forth below. 

§ 4.17 FOIA request fees. 

(a) * * * 

(8) Requester who is a representative 

of the news media means any person 

who, or entity that, gathers information 

of potential interest to a segment of the 

public, uses editorial skills to turn the 

raw materials into a distinct work, and 

distributes that work to an audience. A 

freelance journalist shall be regarded as 

working for a news media entity if the 

person can demonstrate a solid basis for 

expecting publication through that 

entity, whether or not the journalist is 

actually employed by that entity. A 

publication contract is one example of 

a basis for expecting publication that 

ordinarily would satisfy this standard. 

The OCC also may consider the past 

publication record of the requester in 

determining whether she or he qualifies 

as a ‘‘representative of the news media.’’ 

* * * * * 

(b) * * * 

(6) No fee if the time limit passes and 

the requester has not received a 

response. The OCC will not assess 

search and/or duplication fees, as 

applicable, if it fails to respond to a 

requester’s FOIA request within the 

time limits specified under 12 CFR 4.15, 

and no ‘‘unusual’’ circumstances (as 

defined in 5 U.S.C. 552(a)(6)(B) and 

§ 4.15(f)(3)(i)) or ‘‘exceptional’’ 

circumstances (as defined in 5 U.S.C. 

552(a)(6)(C)) apply to the processing of 

the request 

* * * * * 

5. Add § 4.18 to read as follows: 

§ 4.18 How to track a FOIA request. 

(a) Tracking number. The OCC will 

issue a tracking number to all FOIA 

requesters within 5 days of the receipt 

of the request (as described in § 4.15(g)) 

in the OCC’s Communications 

Department. The tracking number will 

be sent via electronic mail if the 

requester has provided an electronic 

mail address. Otherwise, the OCC will 

mail the tracking number to the 

requester’s physical address, as 

provided in the FOIA request. 

(b) Web site. FOIA requesters may 

check the status of their FOIA request(s) 

at https://appsec.occ.gov/ 

publicaccesslink/. 

(c) If a requester does not have 

Internet access. Requesters without 

Internet access may continue to contact 

the Disclosure Officer, Communications 

Division, Office of the Comptroller of 

the Currency, at (202) 874–4700 to 

check the status of their FOIA 

request(s). 

Dated: April 17, 2009. 

John C. Dugan, 

Comptroller of the Currency. 

[FR Doc. E9–9375 Filed 4–23–09; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0174; Directorate 

Identifier 2008–NE–03–AD] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. CFM56–5B1/P; –5B2/ 

P; –5B3/P; –5B3/P1; –5B4/P; –5B4/P1; 

–5B5/P; –5B6/P; –5B7/P; –5B8/P; –5B9/ 

P; –5B1/3; –5B2/3; –5B3/3; –5B4/3; 

–5B5/3; –5B6/3; –5B7/3; –5B8/3; –5B9/ 

3; –5B3/3B1; and –5B4/3B1 Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: This supplemental NPRM 

revises an earlier proposed 

airworthiness directive (AD), applicable 

to CFM International, S.A. CFM56–5B1/ 

P; –5B2/P; –5B3/P; –5B3/P1; –5B4/P; 

–5B4/P1; –5B5/P; –5B6/P; –5B7/P; 

–5B8/P; and –5B9/P turbofan engines. 

That proposed AD would have required 

initial and repetitive eddy current 

inspections (ECIs) of certain part 

number (P/N) low-pressure (LP) turbine 

rear frames. That proposed AD resulted 

from a refined lifing analysis by the 

engine manufacturer that shows the 

need to identify initial and repetitive 

inspection thresholds for inspecting 

certain LP turbine rear frames. This 

supplemental NPRM revises the 

proposed AD to add two LP turbine rear 

frame P/Ns to the applicability, to add 

11 engine models to the applicability, 

and to clarify the commercial and 

corporate engines/LP turbine rear 

frames applicability. This supplemental 

NPRM results from CFM International, 

S.A. revising the service information to 

add LP turbine rear frame P/Ns and 

engine models, and from comments 

received on the proposed AD. This 

supplemental NPRM also results from a 

refined lifing analysis by the engine 

manufacturer that shows the need to 

identify initial and repetitive inspection 

thresholds for inspecting certain LP 

turbine rear frames. We are proposing 

this AD to detect low-cycle-fatigue 

cracks in the LP turbine rear frame, 

which could result in an engine 

separating from the airplane, causing 

damage to, and possibly leading to loss 

of control of, the airplane. 

DATES: We must receive any comments 

on this proposed AD by June 8, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. 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. 

You can get the service information 

identified in this proposed AD from 

CFM International, Technical 

Publications Department, 1 Neumann 

Way, Cincinnati, OH 45215; telephone 

(513) 552–2800; fax (513) 552–2816. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Sheely, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: 

stephen.k.sheely@faa.gov; telephone 

(781) 238–7750; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 


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