55432 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 

6This exemption is consistent with a regulation 

promulgated by the Office of the Comptroller of the 

Currency in 2001 which exempts from the 

definition of branch a national bank’s participation 

in a financial literacy program conducted on school 

premises. 12 CFR 7.1021. 7See 5 U.S.C. 553(d). 

8See 5 U.S.C. 603(a). 

9See 5 U.S.C. 604. 

10 44 U.S.C. 3501 et seq. 

and sound manner and comply with 

applicable law. 

The FDIC received three comments on 

the Interim Rule from trade- and 

research-based organizations. Generally, 

the commenters supported the Interim 

Rule, and lauded the FDIC for 

recognizing the importance of financial 

education programs, particularly for 

those individuals with little or no 

experience using bank-provided 

services. The commenters expressed no 

concerns regarding the Interim Rule, 

and they proposed no substantive or 

technical revisions. However, the FDIC 

has made a technical, nonsubstantive 

change to paragraph (a) of 12 CFR 

303.41, which involved moving the 

reference to the financial education 

program exception provided in 12 CFR 

303.46 to the sentence that lists the 

other exceptions to the definition of 

branch. Except for this change, the final 

rule is identical to the Interim Rule. 

2. Final Rule 

The final rule excludes from the 

definition of branch any financial 

education program operated on school 

premises or a facility used by a school, 

where, in connection with the program, 

deposits are received, checks are paid, 

or money is lent, subject to certain 

conditions.6 As provided in this rule, 

the principal purpose of the program 

must be financial education, and not for 

the purpose of profit-making. Further, 

any banking services provided in 

connection with the program must be 

provided at the discretion of the school. 

The FDIC expects that such services 

would be limited in nature; available 

only to students, parents, and faculty; 

and accessible on a part-time basis or 

designated school days. The program 

must be conducted in a safe and sound 

manner and comply with applicable 

law. 

Regulatory Analysis and Procedure 

A. Administrative Procedure Act 

Section 553(d) of the Administrative 

Procedure Act (APA) requires the FDIC 

to publish a substantive rule at least 30 

days before its effective date unless, 

under subsection (d)(1), the rule 

establishes or recognizes an exemption 

or relieves a restriction.7 This final rule 

establishes an exemption from the 

definition of branch provided in 12 CFR 

part 303, subpart C, which has the effect 

of permitting state nonmember banks to 

participate in certain financial 

education programs conducted on 

school premises without having to 

submit a branch application to, and 

receive prior approval from, the FDIC. 

Therefore, the FDIC is not required to 

publish this final rule in the Federal 

Register at least 30 days before its 

effective date. 

B. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act (RFA) 

requires an agency that is issuing a 

proposed rule to prepare and make 

available for public comment an initial 

regulatory flexibility analysis that 

describes the impact of a proposed rule 

on small entities.8 Because this 

rulemaking does not involve the 

issuance of a notice of proposed 

rulemaking, the requirements of the 

RFA for a final regulatory flexibility 

analysis do not apply.9

C. Paperwork Reduction Act 

The FDIC has determined that this 

final rule does not involve a collection 

of information pursuant to the 

provisions of the Paperwork Reduction 

Act of 1995.10

List of Subjects in 12 CFR Part 303 

Banks, Banking, State nonmember 

banks, Filing procedures, Establishment 

and relocation of domestic branches and 

offices, Financial education programs. 

Authority and Issuance 

■ For the reasons set forth in the 

preamble, part 303 of chapter III of title 

12 of the Code of Federal Regulations is 

amended as follows: 

PART 303—FILING PROCEDURES 

■ 1. The authority citation for part 303 

continues to read as follows: 

Authority: 12 U.S.C. 378, 1813, 1815, 1817, 

1818, 1823, 1819 (Seventh and Tenth), 1820, 

1823, 1828, 1831a, 1831e, 1831o, 1831p–1, 

1831w, 1835a, 1843(1), 3104, 3105, 3108, 

3207, 15 U.S.C. 1601–1607.2. 

■ 2. In § 303.41, revise paragraph (a) to 

read as follows: 

§ 303.41 Definitions. 

* * * * * 

(a) Branch, except as provided in this 

paragraph, includes any branch bank, 

branch office, additional office, or any 

branch place of business located in any 

State of the United States or in any 

territory of the United States, Puerto 

Rico, Guam, American Samoa, the Trust 

Territory of the Pacific Islands, the 

Virgin Islands, and the Northern 

Mariana Islands at which deposits are 

received or checks paid or money lent. 

A branch does not include an automated 

teller machine, an automated loan 

machine, a remote service unit, or a 

facility described in section 303.46. The 

term branch also includes the following: 

* * * * * 

■ 3. A new § 303.46 is added to subpart 

C to read as follows: 

§ 303.46 Financial Education Programs 

that Include the Provision of Bank Products 

and Services. 

No branch application or prior 

approval is required in order for a state 

nonmember bank to participate in one 

or more financial education programs 

that involve receiving deposits, paying 

withdrawals, or lending money if: 

(a) Such service or services are 

provided on school premises, or a 

facility used by the school; 

(b) Such service or services are 

provided at the discretion of the school; 

(c) The principal purpose of each 

program is financial education. For 

example, the principal purpose of a 

program would be considered to be 

financial education if the program is 

designed to teach students the 

principles of personal financial 

management, banking operations, or the 

benefits of saving for the future, and is 

not designed for the purpose of profitmaking; and 

(d) Each program is conducted in a 

manner that is consistent with safe and 

sound banking practices and complies 

with applicable law. 

By Order of the Board of Directors. 

Dated at Washington, DC, the 18th day of 

September, 2008. 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

[FR Doc. E8–22326 Filed 9–24–08; 8:45 am] 

BILLING CODE 6714–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Parts 303, 308, and 309 

RIN 3064–AD25 

Deposit Insurance Requirements After 

Certain Conversions; Definition of 

‘‘Corporate Reorganization;’’ Optional 

Conversions (‘‘Oakar Transactions’’); 

Additional Grounds for Disapproval of 

Changes in Control; and Disclosure of 

Certain Supervisory Information 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Final rule. 


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Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 55433 

1Pub. L. 109–351, 12 STAT. 1966 (Oct. 13, 2006). 

2Chapter III of Title 12 of the Code of Federal 

Regulations. 

3Pub. L. 109–171, 120 STAT. 9 (Feb. 8, 2006). 

4Pub. L. 109–173, 119 STAT. 3601 (Feb. 15, 

2006). 

5 12 U.S.C. 1464(i)(5). 

6 12 U.S.C. 1815(a). 

7 12 U.S.C. 1828(c). 

8 12 U.S.C. 1828(c)(4). 

9Notwithstanding this change, the responsible 

Federal banking agency retains the ability to request 

competitive factors reports if the circumstances 

warrant. 

10 12 U.S.C. 1828(c)(6). 11 12 U.S.C. 1815(d)(3) (repealed 2006). 

SUMMARY: The FDIC is issuing a final 

rule that amends certain of its 

regulations by conforming them to 

Federal statutes amended by the 

Financial Services Regulatory Relief Act 

of 2006, the Federal Deposit Insurance 

Reform Act of 2005 and the Federal 

Deposit Insurance Reform Conforming 

Amendments Act of 2005. On January 

14, 2008, the FDIC adopted, an interim 

rule and requested public comment on, 

amendments to its regulations to 

implement such changes. Having 

received no comments on the interim 

rule, the FDIC is confirming the interim 

rule as final without change. 

DATES: Effective September 25, 2008, the 

interim rule published January 14, 2008 

(73 FR 2143) is confirmed as final 

without change. 

FOR FURTHER INFORMATION CONTACT: 

Brett A. McCallister, Review Examiner 

(816) 234–8099 x4223, in the Division of 

Supervision and Consumer Protection; 

or Ryan K. Clougherty, Attorney, (202) 

898–3843, Richard Bogue, Counsel, 

(202) 898–3726, or Robert C. Fick, 

Counsel, (202) 898–8962, in the Legal 

Division. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 13, 2006, the President 

signed into law the Financial Services 

Regulatory Relief Act of 2006 

(‘‘FSRRA’’).1 The stated purpose of 

FSRRA is to reduce regulatory burden 

and improve productivity for financial 

institutions. Several provisions of 

FSRRA amend statutes that the FDIC 

has implemented through its Rules and 

Regulations (‘‘Rules’’).2 Additionally, 

Congress enacted the Federal Deposit 

Insurance Reform Act of 2005 (‘‘Reform 

Act’’) 3 and the Federal Deposit 

Insurance Reform Conforming 

Amendments Act of 2005 

(‘‘Amendments Act’’),4 which 

consolidated the two former deposit 

insurance funds into a single deposit 

insurance fund. 

In January of 2008, the FDIC adopted 

an interim rule, and requested public 

comment on, amendments to its rules to 

conform them to Federal statutes as 

amended by the FSRRA, the Reform Act 

and the Amendments Act. Having 

received no comments, the FDIC is now 

issuing a final rule that is identical to 

the interim rule. 

II. Regulatory Amendments 

A. Deposit Insurance Requirements 

After Certain Conversions 

Section 5(i)(5) of the Home Owners’ 

Loan Act (‘‘HOLA’’) 5 generally 

authorizes any Federal savings 

association that was chartered and in 

operation before November 12, 1999 and 

that had branches in one or more states, 

to convert into one or more national or 

state banks, each of which may 

encompass one or more of the existing 

branches. Section 608(a) of FSRRA 

amended section 5(i)(5) of the HOLA to 

require that if such a conversion results 

in more than one national or state bank, 

each resulting bank must obtain deposit 

insurance from the FDIC pursuant to 

section 5(a) of the Federal Deposit 

Insurance Act (‘‘FDI Act’’).6

Subpart B of Part 303 of the FDIC’s 

Rules sets forth the procedures for 

applying for deposit insurance. Section 

303.20 describes the scope of subpart B 

to include applications for deposit 

insurance for, among other institutions, 

proposed depository institutions. The 

final rule amends section 303.20 to 

expressly confirm the applicability of 

subpart B of Part 303 to banks that result 

from conversions of Federal savings 

associations under section 5(i)(5) of the 

HOLA. 

B. Definition of Corporate 

Reorganization 

Section 606 of the FSRRA made two 

changes to the Bank Merger Act 7 with 

respect to mergers that solely involve an 

insured depository institution and one 

or more of its affiliates (‘‘Affiliate 

Mergers’’). First, for Affiliate Mergers, 

section 606 amended section 18(c)(4) of 

the FDI Act 8 by eliminating the 

requirement that the appropriate 

Federal banking agency request 

competitive factors reports from either 

the other Federal banking agencies or 

the Attorney General of the United 

States.9 Prior to FSRRA the responsible 

Federal banking agency had to request 

competitive factors reports for Affiliate 

Mergers. Second, section 606 revised 

section 18(c)(6) of the FDI Act 10 by 

eliminating the post-approval waiting 

period for Affiliate Mergers. Prior to 

FSRRA the applicant in an Affiliate 

Merger had to wait up to thirty days 

after obtaining the agency’s approval 

before it could consummate the 

transaction. 

The FDIC’s regulations at 12 CFR 

303.61(b), formerly provided a 

definition of ‘‘corporate reorganization’’ 

that identified a class of mergers that 

generally do not raise competitive 

concerns and, therefore, do not require 

the same level of competitive analysis as 

other mergers subject to the Bank 

Merger Act. Such mergers are less 

burdensome on applicants. 12 CFR 

303.61(b) defined ‘‘corporate 

reorganization’’ to include (i) mergers 

between an insured institution and its 

subsidiary or its holding company and 

(ii) mergers between institutions and 

entities that were ‘‘commonly-owned.’’ 

Institutions were ‘‘commonly-owned’’ if 

more than 50% of the voting stock of 

each is owned by the same entity. The 

changes made by section 606 of the 

FSRRA, however, indicate that there are 

no competitive concerns for a class of 

mergers that is broader than the class 

identified by the FDIC’s Rule as 

corporate reorganizations. Specifically, 

FSRRA indicates that there are no 

competitive concerns for mergers that 

solely involve an insured depository 

institution and one or more affiliates. 

While the term ‘‘corporate 

reorganization’’ is only used in subpart 

D as one of several illustrative examples 

of the types of mergers covered by the 

Bank Merger Act, the definition could 

cause confusion as to how it relates to 

Affiliate Mergers. 

The final rule amends the definition 

of ‘‘corporate reorganization’’ found at 

12 CFR 303.61(b) in order to conform it 

to the changes made by FSRRA and to 

avoid confusion about the need for 

competitive analyses and post-approval 

waiting periods for any merger that 

solely involves an insured depository 

institution and one or more of its 

affiliates. 

C. Optional Conversions 

Before it was repealed, the former 

section 5(d)(3) of the FDI Act 11

generally authorized a member of one 

insurance fund to merge with a member 

of the other fund without changing the 

funds that insured the deposits of the 

two institutions. This type of merger 

was referred to as an ‘‘Optional 

Conversion’’ in both section 5(d)(3) of 

the FDI Act and in section 303.63(d) of 

the FDIC’s Rules; it was also commonly 

known as an ‘‘Oakar Transaction.’’ 

Section 303.63(d) of the FDIC’s Rules 

formerly required the applicant in an 

Optional Conversion to identify the 


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55434 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 

12See section 8(a)(4) of the Amendments Act, 

Pub. L. 109–173 (2006). 

13 12 U.S.C. 1817(j)(7). 

14 12 U.S.C. 1817(a)(2). 15 12 U.S.C. 4809. 

16See 5 U.S.C. 603. 

17 44 U.S.C. 3501. 

merger as an ‘‘Optional Conversion’’ in 

its application. 

On March 31, 2006, pursuant to the 

Reform Act and the Amendments Act, 

the former Savings Association 

Insurance Fund (‘‘SAIF’’) and the former 

Bank Insurance Fund (‘‘BIF’’) were 

consolidated into a single fund, the 

Deposit Insurance Fund. In addition, the 

Amendments Act repealed section 

5(d)(3) of the FDI Act effective with the 

merger of the two funds.12 Following 

the consolidation of the two funds into 

one by the Reform Act and the repeal of 

section 5(d)(3) of the FDI Act by the 

Amendments Act, Optional Conversions 

are no longer possible. The final rule 

amends section 303.63 by removing 

paragraph (d) Optional conversions. The 

removed paragraph formerly read as 

follows: 

(d) Optional conversions. If the proposed 

merger transaction is an optional conversion, 

the merger application shall include a 

statement that the proposed merger 

transaction is a transaction covered by 

section 5(d)(3) of the FDI Act (12 U.S.C. 

1815(d)(3). 

D. Additional Grounds for Disapproval 

of a Change in Control 

Section 705 of FSRRA amended 

section 7(j)(7) of the FDI Act 13 by 

adding an additional ground for the 

disapproval of a proposed acquisition of 

control of a bank. The additional ground 

for disapproval is if the future prospects 

of the institution might jeopardize the 

financial stability of the bank or 

prejudice the interests of the depositors 

of the bank. 

Section 308.111 of the FDIC’s Rules 

lists the statutory grounds for 

disapproval of a proposed acquisition of 

control of an insured state nonmember 

bank. The final rule amends section 

308.111(c) to reflect the addition of 

unfavorable future prospects of the 

institution as a ground for disapproval 

of a proposed acquisition under the 

FSRRA. 

E. Disclosure of Certain Supervisory 

Information 

Section 707 of FSRRA amended 

section 7(a)(2) of the FDI Act 14 by 

adding a new subsection (C) that 

expanded the authority of the Federal 

banking agencies to furnish examination 

reports and other confidential 

supervisory information to (1) any other 

Federal and State agencies with 

supervisory or regulatory authority over 

the depository institution or entity, (2) 

officers, directors and receivers of such 

depository institution or entity, and (3) 

any other person that the Federal 

banking agency determines to be 

appropriate. 

Part 309 of the FDIC’s Rules governs 

the disclosure of confidential 

information. Paragraph (b)(3) of section 

309.6 entitled ‘‘Disclosure of exempt 

records,’’ previously authorized the 

disclosure of exempt records to Federal 

financial institution supervisory 

agencies and certain other agencies. 

Since section 707 of FSRRA 

authorized additional disclosures of 

certain supervisory information, the 

final rule amends section 309.6(b)(3) to 

add those additional disclosures to the 

disclosures previously authorized. 

III. Regulatory Analysis and Procedure 

A. Solicitation of Comments on Use of 

Plain Language 

Section 722 of the Gramm-LeachBliley Act (‘‘GLBA’’) 15 requires the 

FDIC to use ‘‘plain language’’ in all 

proposed and final rules published after 

January 1, 2000. The FDIC invited 

comments on whether the interim rule 

is clearly stated and effectively 

organized, and how the FDIC might 

make the text easier to understand. The 

FDIC received no comments addressing 

how the proposed rule might be 

changed to reflect the requirements of 

GLBA. 

B. Administrative Procedure Act 

The final rule takes effect upon 

publication in the Federal Register. The 

final rule conforms the FDIC’s 

regulations to several statutory 

provisions that were amended by 

FSRRA on October 13, 2006 and by the 

Reform Act and the Amendments Act 

effective on March 31, 2006. The 

statutory amendments made by FSRRA, 

the Reform Act, and the Amendments 

Act continue in effect. The amendments 

to the FDIC’s regulations made by the 

final rule are identical to those made by 

the interim rule, effective January 14, 

2008. 

The amendments to the FDIC’s 

regulations made by the interim rule, 

and adopted in this final rule, generally 

reflect the language contained in the 

amended statutes without 

interpretation. The amendments made 

by the final rule effect no substance 

changes beyond those already effected 

by Federal statute. Although solicitation 

of public comment prior to the 

effectiveness of these regulatory 

amendments was unnecessary, the FDIC 

nonetheless requested public comment 

on the interim rule. The FDIC received 

no comments. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) requires that each Federal 

agency either certify that a proposed 

rule would not, if adopted in final form, 

have a significant economic impact on 

a substantial number of small entities or 

prepare an initial regulatory flexibility 

analysis of the proposal and publish the 

analysis for comment.16 However, 

pursuant to section 603(a) of the RFA a 

regulatory flexibility analysis is only 

required when an agency is required to 

publish a notice of proposed rulemaking 

for a proposed rule. Since the regulatory 

amendments made by the final rule are 

effective upon publication in the 

Federal Register, and since no notice of 

proposed rulemaking is required to be 

published, no regulatory flexibility 

analysis is required. 

D. Paperwork Reduction Act 

No new collections of information 

pursuant to the Paperwork Reduction 

Act 17 are contained in the final rule. 

List of Subjects 

12 CFR Part 303 

Administrative practice and 

procedure, Bank deposit insurance, 

Banks, Banking, Reporting and 

recordkeeping requirements, Savings 

associations. 

12 CFR Part 308 

Administrative practice and 

procedure, Bank deposit insurance, 

Banks, Banking, Claims, Crime, Equal 

access to justice, Fraud, Investigations, 

Lawyers, Penalties. 

12 CFR Part 309 

Banks, Banking, Credit, Freedom of 

information, Privacy. 

PARTS 303, 308, 309—[AMENDED] 

Authority and Issuance 

■ For the reasons set forth in the 

preamble, under the authority of 12 

U.S.C. 1820 G, the interim rule 

amending parts 303, 308, and 309 of 

Chapter III of the title 12 of the Code of 

Federal Regulations which was 

published at 73 FR 2143 on January 14, 

2008, is adopted as a final rule without 

change. 

By Order of the Board of Directors. 

Dated at Washington, DC, the 18th day of 

September 2008. 


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Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 55435 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

[FR Doc. E8–22327 Filed 9–24–08; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 33 

[Docket No.: FAA–2007–28501; Amendment 

No. 33–26] 

RIN 2120–AJ05 

Airworthiness Standards; Aircraft 

Engine Standards for Pressurized 

Engine Static Parts 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is amending the 

aircraft engine type certification 

standards by adding standards for 

pressurized engine static parts that are 

equivalent to those already adopted by 

the European Aviation Safety Agency. 

This rule establishes uniform standards 

for the certification of these parts in the 

United States and in Europe. U.S. 

manufacturers already meet the 

European requirements. 

DATES: This amendment becomes 

effective November 24, 2008. 

FOR FURTHER INFORMATION CONTACT: Tim 

Mouzakis, Engine and Propeller 

Directorate Standards Staff, ANE–110, 

Engine and Propeller Directorate, 

Aircraft Certification Service, FAA, New 

England Region, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803–5299; telephone 

(781) 238–7114; fax (781) 238–7199, 

e-mail: timoleon.mouzakis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. 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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General Requirements.’’ Under 

that section, the FAA is charged with 

prescribing regulations for practices, 

methods, and procedures the 

Administrator finds necessary for safety 

in air commerce, including minimum 

safety standards for aircraft engines. 

This regulation is within the scope of 

that authority because it updates the 

existing regulations for aircraft engine 

pressurized static parts. 

Summary of the NPRM 

A Notice of Proposed Rulemaking 

(NPRM) was published on September 6, 

2007 (72 FR 18136) that proposed 

changes to requirements for pressurized 

engine static parts in Title 14 Code of 

Federal Regulations part 33. The 

comment period for the NPRM closed 

on December 5, 2007. 

Summary of the Final Rule 

This final rule on requirements for 

pressurized engine static parts contains 

minor changes from the NPRM. We 

made changes to two sections, §§ 33.71 

and 33.91, in response to the comments 

we received and our own review of the 

proposed rule. This final rule 

harmonizes FAA and EASA regulations 

for part 33 requirements related to 

pressurized engine static parts. 

Summary of Comments 

There were five commenters. RollsRoyce, General Aviation Manufacturers 

Association (GAMA), and Airbus 

supported the rule and suggested minor 

changes, which are discussed below. 

General Electric and an individual 

supported the rule and did not suggest 

changes. 

The comments relate to the following 

general areas: 

• Component tests; and 

• Examples of static parts. 

Discussion of the Final Rule 

Component Tests 

Pressurized engine static parts operate 

at significant pressures and § 33.64 

prescribes tests for these parts at 

maximum working and operating 

pressures. Rolls-Royce and GAMA 

commented that § 33.91, Engine 

component tests, should be modified as 

there was an inconsistency between 

proposed § 33.64 and existing § 33.91(c), 

which prescribes testing of pressurized 

hydraulic fluid tanks. Rolls-Royce and 

GAMA noted that depending on the 

maximum possible and maximum 

working pressures, as described in 

§ 33.64, and the maximum operating 

pressure as described in § 33.91, the two 

rules could result in two different 

testing requirements for a given 

component. 

The FAA agrees that the two rules 

could be interpreted as separate and 

distinct test requirements, and that 

testing pressurized hydraulic fluid tanks 

falls under the requirements of the new 

§ 33.64. We have also determined that 

proposed § 33.64 and § 33.71, 

Lubrication system, could be interpreted 

as two distinct testing requirements for 

a single component. Section 33.71(c)(9) 

prescribes testing for maximum 

operating temperature and pressure for 

pressurized oil tanks. These tanks 

should be tested under the requirements 

of the new § 33.64. 

In the final rule, therefore, we are 

modifying §§ 33.71(c)(9) and 33.91(c) by 

replacing existing testing requirements 

for pressurized tanks with a reference to 

meeting the requirements of § 33.64. 

This change is consistent with EASA 

regulations for pressurized hydraulic 

fluid and oil tanks. 

Examples of Static Parts 

In the NPRM discussion, we noted 

examples of pressurized engine static 

parts which include compressor, 

combustion, diffuser, and turbine cases; 

heat exchangers; bleed valve solenoids; 

starter motors; and fuel, oil and 

hydraulic system components. Airbus 

commented that the examples of 

pressurized static parts included in the 

preamble of the NPRM should be 

expanded to include associated ducts 

and fittings. 

The purpose of this NPRM discussion 

was to provide examples to help the 

applicant identify the type of parts 

affected by this rule. The examples 

provided in the NPRM do not represent 

a complete list of pressurized static 

parts. It is the applicant’s responsibility 

to ensure all applicable pressurized 

engine parts are identified. We have 

made no changes to the rule in response 

to this comment. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined that there is no current 

or new requirement for information 

collection associated with this 

amendment. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 


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