Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 18623 

date of the regulatory period back to 

June 4 relieves District 2 handlers of the 

resulting inequity and enables them to 

be more competitive with shippers from 

other production areas. 

Under the order, the Committee 

collects assessments from handlers 

based on inspection of onions to be 

shipped to market. The Committee’s 

recommendation to continue the 

inspection requirement to July 15 will 

allow the Committee to continue to 

collect assessments through the end of 

the season. This revenue will continue 

to be used by the Committee to fund its 

operations, including consistent funding 

for onion promotion and research 

projects under the order. 

One alternative to this action would 

be to not change the regulatory period 

back to June 4. However, the Committee 

believes that leaving the quality 

requirements in place for the entire 

season would not be as beneficial for 

those shipping onions in the latter part 

of the season. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

onion handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Further, the Committee’s meeting was 

widely publicized throughout the South 

Texas onion industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. All Committee meetings 

are public meetings and all entities, 

both large and small, are able to express 

their views. Finally, interested persons 

are invited to submit comments on this 

interim final rule, including the 

regulatory and informational impacts of 

this action on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on a 

change to the regulatory period under 

the South Texas onion marketing order. 

Any comments received will be 

considered prior to finalization of this 

rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim final rule, as hereinafter set 

forth, will tend to effectuate the 

declared policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule relaxes regulatory 

requirements on handlers; (2) this rule 

should be implemented as soon as 

possible since the South Texas onion 

regulatory period begins March 1; (3) 

the Committee unanimously 

recommended these changes; and (4) 

this rule provides a 60-day comment 

period and any comments received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 959 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 959 is amended as 

follows: 

PART 959—ONIONS GROWN IN 

SOUTH TEXAS 

■ 1. The authority citation for 7 CFR 

part 959 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 959.322, the introductory text 

is revised to read as follows: 

During the period beginning March 1 

and ending June 4, no handler shall 

handle any onions, including onions for 

peeling, chopping, and slicing, unless 

they comply with paragraphs (a) 

through (c) or (d) or (e) of this section; 

except that onions handled during the 

period June 5 through July 15 shall 

comply with paragraphs (c) or (d) or (e) 

of this section. 

* * * * * 

Dated: April 20, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–9378 Filed 4–23–09; 8:45 am] 

BILLING CODE 3410–02–P 

FEDERAL HOUSING FINANCE BOARD 

12 CFR Part 910 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1202 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

Office of Federal Housing Enterprise 

Oversight 

12 CFR Part 1703 

RIN 2590–AA05 

Freedom of Information Act 

Implementation 

AGENCIES: Federal Housing Finance 

Agency; Federal Housing Finance 

Board; Office of Federal Housing 

Enterprise Oversight. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: On January 15, 2009, the 

Federal Housing Finance Agency 

(FHFA) published a final rule 

implementing the Freedom of 

Information Act (FOIA). This technical 

rulemaking will delete the FOIA rules 

promulgated by the FHFA’s predecessor 

agencies, the Federal Housing Finance 

Board (FHFB) and Office of Federal 

Housing Enterprise Oversight (OFHEO). 

It also will remove now obsolete 

references in the FHFA rule to the FHFB 

and OFHEO. 

DATES: Effective Date: May 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Janice Kaye, Chief FOIA Officer, 

janice.kaye@fhfa.gov, 202–343–1514, 

Federal Housing Finance Agency, 1700 

G Street NW., Washington, DC 20552. 

The telephone number for the 

telecommunications device for the deaf 

(TDD) is 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Effective July 30, 2008, Division A of 

the Housing and Economic Recovery 

Act of 2008 (HERA), Public Law No. 

110–289, 122 Stat. 2654 (2008), titled 

the Federal Housing Finance Regulatory 

Reform Act of 2008, created the Federal 

Housing Finance Agency as an 

independent agency of the Federal 

Government. HERA transferred 

supervisory and oversight 

responsibilities over the Federal 

National Mortgage Association (Fannie 

Mae), the Federal Home Loan Mortgage 

Corporation (Freddie Mac), and the 

Federal Home Loan Banks (collectively, 


tjames on PRODPC75 with RULES
18624 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

Regulated Entities) from OFHEO and the 

FHFB to the FHFA. The Regulated 

Entities continue to operate under 

regulations promulgated by OFHEO and 

the FHFB until such time as the existing 

regulations are supplanted by 

regulations promulgated by the FHFA. 

On January 15, 2009, the FHFA 

published a final rule to implement the 

FOIA. See 74 FR 2342 (Jan. 15, 2009). 

The FHFA’s FOIA implementation rule 

is codified at 12 CFR part 1202. Because 

the FHFA FOIA rule now is effective, 

the agency is removing the FOIA rules 

of its predecessor agencies, the FHFB 

and OFHEO, codified respectively at 12 

CFR parts 910 and 1703, subparts A 

through D. This rulemaking also deletes 

now obsolete references to the FHFA 

and OFHEO in section 1202.3 

concerning the location of the FOIA 

Reading Room. 

II. Notice and Public Participation 

The notice and comment procedure 

required by the Administrative 

Procedure Act is inapplicable to this 

final rule because the rule is procedural 

and makes only technical changes. See 

5 U.S.C. 553(b)(3)(A). 

III. Paperwork Reduction Act 

The final 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.). 

IV. Regulatory Flexibility Act 

The FHFA is adopting this regulation 

in the form of a final rule and not as a 

proposed rule. Therefore, the provisions 

of the Regulatory Flexibility Act do not 

apply. See 5 U.S.C. 601(2) and 603(a). 

List of Subjects 

12 CFR Part 910 

Confidential business information, 

Freedom of information, Reporting and 

recordkeeping requirements. 

12 CFR Part 1202 

Appeals, Confidential commercial 

information, Disclosure, Exemptions, 

Fees, Final action, Freedom of 

information, Judicial review, Records, 

Requests. 

12 CFR Part 1703 

Administrative practice and 

procedure, Confidential business 

information, Freedom of information. 

For the reasons stated in the 

preamble, under the authority of 12 

U.S.C. 4526l, the FHFA is amending 

12 CFR chapters IX, XII, and XVII as 

follows: 

CHAPTER IX—Federal Housing Finance 

Board 

PART 910—[REMOVED] 

■ 1. Remove part 910. 

CHAPTER XII—Federal Housing Finance 

Agency 

PART 1202—FREEDOM OF 

INFORMATION ACT 

■ 2. The authority citation for part 1202 

continues to read as follows: 

Authority: Pub. L. 110–289, 122 Stat. 2654; 

5 U.S.C. 301, 552; 12 U.S.C. 4526; E.O. 

12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 

235; E.O. 13392, 70 FR 75373–75377, 3 CFR, 

2006 Comp., p. 216–200. 

■ 3. Revise § 1202.3(c) to read as 

follows: 

§ 1202.3 What information can I obtain 

through FOIA? 

* * * * * 

(c) Reading rooms. (1) FHFA 

maintains electronic and physical 

reading rooms. The physical reading 

room is located at 1700 G Street, NW., 

Fourth Floor, Washington, DC 20552, 

and is open to the public by 

appointment from 9 a.m. to 3 p.m. each 

business day. For an appointment, 

contact the FOIA Officer by calling 202– 

414–6425 or by e-mail at foia@fhfa.gov. 

The electronic reading room is part of 

the FHFA Web site at http:// 

www.fhfa.gov. 

(2) Each reading room has the 

following records created by FHFA or 

its predecessor agencies after November 

1, 1996, and current indices to all of the 

following records created by FHFA or 

its predecessor agencies before or after 

November 1, 1996: 

(i) Final opinions or orders issued in 

adjudication; 

(ii) Statements of policy and 

interpretation that are not published in 

the Federal Register; 

(iii) Administrative staff manuals and 

instructions to staff that affect a member 

of the public, and are not exempt from 

disclosure under FOIA; and 

(iv) Copies of records released under 

FOIA that FHFA determines have 

become or are likely to become the 

subject of subsequent requests for 

substantially the same records. 

CHAPTER XVII—Office of Federal Housing 

Enterprise Oversight, Department of 

Housing and Urban Development 

PART 1703—RELEASE OF 

INFORMATION 

■ 4. The authority citation for part 1703 

continues to read as follows: 

Authority: Pub. L. 110–289, 122 Stat. 2654; 

5 U.S.C. 301, 552; 12 U.S.C. 4526; E.O. 

12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 

235; E.O. 13392, 70 FR 75373–75377, 3 CFR, 

2006 Comp., p. 216–200. 

Subparts A–D [Removed and 

Reserved] 

■ 5. Remove and reserve subparts A 

through D. 

Dated: April 15, 2009. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E9–9424 Filed 4–23–09; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 33 

[Docket No. NE129; Special Conditions No. 

33–007–SC] 

Special Conditions: General Electric 

Company GEnx–2B Model Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for General Electric Company 

(GE) GEnx–2B67 and GEnx–2B69 model 

turbofan engines. The fan blades of 

these engines will have novel or 

unusual design features when compared 

to the state of technology envisioned in 

the part 33 airworthiness standards. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for these design 

features. These special conditions 

contain the added safety standards the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: The effective date of these 

special conditions is May 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Donovan, ANE–111, Rulemaking 

and Policy Branch, Engine and Propeller 

Directorate Standards Staff, Aircraft 

Certification Service, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803–5299; telephone 

(781) 238–7743; facsimile (781) 238– 

7199; e-mail kevin.donovan@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 28, 2006, the General 

Electric Company (GE) applied to the 

FAA to amend the GEnx model type 

certificate to add GEnx–2B engine 

model series. Currently, the GEnx type 


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