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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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 18625 

certificate consists of the GEnx–1B 

turbofan engine models GEnx–B54, 

GEnx–1B58, GEnx–1B64, GEnx–1B67, 

and GEnx–1B70. GE is requesting to add 

the GEnx–2B67 and GEnx–2B69 engine 

model series to the type certificate. 

The GEnx–2B engine model series is 

a close derivative of the GEnx–1B 

engine models, and will utilize a 

significant number of common parts and 

systems. Some GEnx–2B engine model 

components, which differ from those on 

the GEnx–1B engine models, include a 

smaller diameter fan operating at a 

slightly higher speed, a lower guide 

vane count, fewer booster stages, lower 

bypass ratio, fewer low pressure turbine 

stages, lighter accessories gearbox, and a 

modified turbine rear frame. Those 

components do not introduce any 

unique materials, design concepts, or 

manufacturing processes. 

The GEnx–2B engine models will also 

incorporate fan blades manufactured 

using carbon graphite composite 

material, with a bonded metal tip cap, 

and metal leading and trailing edge 

laminates. The design and manufacture 

of these fan blades are similar to those 

used on the GE90–76B, –77B, –85B, 

–90B, –94B baseline engines, the GE90– 

110B1, –113B, and –115B derivative 

engine model series, and the GEnx–1B 

engine model series. This novel and 

unusual design feature results in the fan 

blades having significant differences in 

material property characteristics when 

compared to conventionally designed 

fan blades using only metallic materials. 

GE submitted data and analysis 

during the GE90 baseline and GE90–11 

SB derivative engine model certification 

programs, and again during the recent 

GEnx–1B certification program. GE was 

able to show that the likelihood of these 

carbon graphite composite fan blades 

failing below the inner annulus flow 

path line is highly improbable. GE 

questioned the appropriateness of the 

requirement contained in § 33.94(a)(1) 

to show containment after a failure of 

the fan blade at the outermost retention 

feature. 

The FAA responded during the GE90 

baseline by reviewing the historical 

basis for the § 33.94(a)(1) test 

requirements, and determined that they 

are based on metallic blade 

characteristics and service history, and 

therefore were not appropriate for the 

unusual design features of the 

composite fan blade design planned for 

that engine model. The FAA determined 

that a more realistic blade retention test 

for the novel and unusual design 

characteristics of these carbon fiber 

composite fan blades would be achieved 

with a blade failure at the inner annulus 

flow path line (the complete airfoil 

only), instead of at the outermost blade 

retention feature as currently required 

by § 33.94(a)(1). 

The FAA also determined that the 

composite fan blade design and 

construction characteristics present 

factors, other than the expected location 

of a blade failure, which must be 

considered. Consequently, the FAA 

required that tests and analyses must 

account for the anticipated effects of inservice deterioration and handling 

damage, manufacturing and materials 

variations in, and environmental effects 

on, the composite material. The FAA 

also required that tests and analyses 

must show that a lightning strike on a 

composite fan blade would not result in 

a hazardous condition to the aircraft, 

and that the engine would continue 

meet the requirements of § 33.75. 

Therefore, the FAA issued special 

conditions SC–33–ANE–08 on February 

1, 1995, for the GE90–75B, –76B, and 

–85B baseline engine models. These 

special conditions defined additional 

safety standards for the carbon graphite 

composite fan blades that were 

appropriate for the unusual design 

features of those fan blades, and that 

were determined to be necessary to 

establish a level of safety equivalent to 

that established by the airworthiness 

standards of § 33.94(a)(1). The FAA 

determined that these special conditions 

were also appropriate for the derivative 

GE90–77B and –90B engine models, the 

GE90–94B engine model, and the GE90 

–110B1, –113B, and –115B engine 

models, which were added to the TCDS 

in July 1996, June 2000, and July 2003, 

respectively. Engine model series GE90– 

75B was deleted from the GE90 TCDS in 

February 1995. 

The FAA later determined that, due to 

the similarity of the carbon fiber 

composite fan blade design and 

construction methods to the GE90 

blades, these same special conditions 

continued to be appropriate for the 

recent GEnx–1B model series 

certification program. The FAA issued 

special conditions 33–006–SC on 

January 12, 2007, for the GEnx–1B 

engine model series, which retained the 

essential requirements of the previous 

GE90 engine model series special 

conditions. These special conditions 

were successfully applied during the 

GEnx–1B certification program. 

Due to that success, GE now proposes 

to use a similar approach to demonstrate 

a level of safety equivalent to that 

established by the airworthiness 

standards of § 33.94(a)(1) for the GEnx– 

2B certification program. In lieu of 

direct compliance to § 33.94(a)(1) using 

an engine test, GE notified the FAA that 

it plans to utilize an analytical method 

that will be validated by data from the 

GEnx–1B § 33.94(a)(1) engine test, 

GEnx–1B fan blade rig tests, GEnx–2B 

fan blade rig tests, and other engine and 

component tests as needed. 

Due to the similarity of the GEnx–2B 

model series fan blade design and 

manufacturing methods to the 

previously certified GE90 and GEnx–1B 

engine model series fan blades, the FAA 

is proposing to issue similar special 

conditions as part of the type 

certification basis for the GEnx–2B 

engine models in lieu of requiring direct 

compliance to § 33.94(a)(1) using an 

engine test. These special conditions 

define the additional requirements the 

Administrator considers necessary to 

establish a level of safety equivalent to 

direct compliance to the airworthiness 

standards of § 33.94(a)(1). 

Type Certification Basis 

14 CFR 21.17 requires GE to show the 

derivative GEnx–2B series turbofan 

engine models meet the requirements of 

the applicable provisions of 21.21 and 

part 33. The FAA has determined that 

the applicable airworthiness regulations 

in part 33 do not contain adequate or 

appropriate safety standards for the 

GEnx–2B series turbofan engine models 

because of its novel and unusual fan 

blade design features. Therefore, these 

special conditions are prescribed under 

the provisions of 14 CFR 11.19 and 14 

CFR 21.16, and will become part of the 

type certification basis of the GEnx–2B 

engine in accordance with § 21.17(a)(2). 

These special conditions apply only 

to the GEnx–2B series turbofan engine 

models. If the type certificate for those 

models is amended later to include any 

other models that incorporate the same 

novel or unusual design features, these 

special conditions also apply to the 

other models under the provisions of 14 

CFR 21.101(a)(1). 

Novel or Unusual Design Features 

The GEnx–2B engine models will 

incorporate carbon graphite composite 

fan blades that will contain a bonded 

metal tip cap, and metal leading and 

trailing edge laminates. These design 

features are considered to be novel and 

unusual relative to the part 33 

airworthiness standards. 

Discussion of Comments 

Notice of proposed special conditions 

No. 33–08–01–SC for the GEnx–2B 

engine models was published on 

November 24, 2008 (73 FR 70926). No 

comments were received, and the 

special conditions are adopted as 

proposed. 


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18626 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

Applicability 

These special conditions will apply 

only to the GEnx–2B series turbofan 

engine models. If GE applies later for a 

change to the type certificate to include 

another model incorporating the same 

novel or unusual fan blade design 

features, these special conditions may 

also become part of the type 

certification basis of that engine model 

series as well. 

Conclusion 

This action affects only the carbon 

fiber composite fan blade design 

features on the GEnx–2B series turbofan 

engine models. It is not a rule of general 

applicability, and it affects only the 

General Electric Company which has 

applied to the FAA for certification of 

these fan blade design features. 

List of Subjects in 14 CFR Part 33 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The authority citation for these 

special conditions continues to read as 

follows: 

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

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for the derivative 

GEnx–2B series turbofan engines. 

1. In lieu of the fan blade containment 

test with the fan blade failing at the 

outermost retention groove as specified 

in § 33.94(a)(1), complete the following 

requirements: 

(a) Conduct a fan blade containment 

test that is acceptable to the 

Administrator, with the fan blade failing 

at the inner annulus flow path line. 

(b) Substantiate by test and analyses, 

or other methods acceptable to the 

Administrator, that the engine is 

capable of containing damage without 

catching fire and without failure of its 

mounting attachments when operated 

for at least 15 seconds, unless the 

resulting engine damage induces a self 

shutdown that initiates within 15 

seconds of the fan blade failure. 

(c) Substantiate by test and analyses, 

or other methods acceptable to the 

Administrator, that a minimum material 

properties fan disk and fan blade 

retention system can withstand without 

failure a centrifugal load equal to two 

times the maximum load which the 

retention system could experience 

within approved engine operating 

limitations. 

(d) Using a procedure approved by the 

Administrator, establish an operating 

limitation that specifies the maximum 

allowable number of start-stop stress 

cycles for the fan blade retention 

system. The life evaluation shall include 

the combined effects of high cycle and 

low cycle fatigue. If the operating 

limitation is less than 100,000 cycles, 

that limitation must be specified in 

Chapter 05 of the Engine Manual 

Airworthiness Limitation Section. The 

fan blade retention system includes the 

portion of the fan blade from the inner 

annulus flow path line inward to the 

blade dovetail, the blade retention 

components, and the fan disk and fan 

blade attachment features. 

(e) Substantiate that, during the 

service life of the engine, the total 

probability of the occurrence of a 

hazardous engine effect defined in 

§ 33.75 due to an individual blade 

retention system failure resulting from 

all possible causes will be extremely 

improbable, with a cumulative 

calculated probability of failure of less 

than 10 per engine flight hour. 

(f) Substantiate by test or analysis 

acceptable to the Administrator that not 

only will the engine continue to meet 

the requirements of § 33.75 following a 

lightning strike on the composite fan 

blade structure, but the lightning strike 

will also not cause damage to the fan 

blades that would prevent continued 

safe operation of the affected engine. 

(g) Account for the effects of inservice deterioration, manufacturing 

variations, minimum material 

properties, and environmental effects 

during the tests and analyses required 

by paragraphs (a), (b), (c), (d), (e), and 

(f) of these special conditions. 

(h) Propose fleet leader monitoring 

and field sampling programs for the 

GEnx–2B engine fan blades that will 

monitor the effects of usage on fan blade 

and retention system integrity. The 

sampling program should use the 

experience gained on current GE90 and 

GEnx–1B engine model series 

monitoring programs, and must be 

approved by the FAA prior to 

certification of the GEnx–2B engine 

models. 

Issued in Burlington, Massachusetts, on 

April 13, 2009. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–9262 Filed 4–23–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 589 

[Docket No. FDA–2002–N–0031] (formerly 

Docket No. 2002N–0273) 

RIN 0910–AF46 

Substances Prohibited From Use in 

Animal Food or Feed; Confirmation of 

Effective Date of Final Rule 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; confirmation of 

effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is confirming the 

effective date of April 27, 2009, for the 

final rule that published in the Federal 

Register of April 25, 2008 (73 FR 

22720), entitled ‘‘Substances Prohibited 

From Use in Animal Food or Feed.’’ The 

agency is also establishing a compliance 

date of October 26, 2009, for this rule in 

order to allow additional time for 

renderers to comply with the new 

requirements. This additional time will 

also give other affected persons, 

including cattle producers and packers, 

more time to identify appropriate 

methods for disposing of material 

prohibited from use in animal feed by 

this rule. 

DATES: Effective Date: The effective date 

of the final rule published in the 

Federal Register of April 25, 2008 (73 

FR 22720), is April 27, 2009. 

Compliance Date: The compliance 

date is October 26, 2009. 

FOR FURTHER INFORMATION CONTACT: Burt 

Pritchett, Center for Veterinary 

Medicine (HFV–222), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–453–6860, 

e-mail: burt.pritchett@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of April 25, 

2008, FDA published a final rule 

entitled ‘‘Substances Prohibited From 

Use in Animal Food or Feed’’ (referred 

to herein as the April 25, 2008, final 

rule), that would become effective 1 

year after the April 27, 2009, date of 

publication. These measures were 

established to further strengthen 

existing safeguards against bovine 

spongiform encephalopathy (BSE). FDA 

recently became aware that some 

affected persons are experiencing 

difficulties modifying their operations 

to comply with the new requirements 

contained in the April 25, 2008, final 


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