Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Rules and Regulations 23305 

must be given no later than 

‘‘consummation or settlement.’’ 

‘‘Consummation’’ is defined in 

§ 226.2(a). ‘‘Settlement’’ is defined in 

Regulation X (24 CFR 3500.2(b)) and is 

subject to any interpretations issued by 

HUD. In some cases, a creditor may 

delay redisclosure until settlement, 

which may be at a time later than 

consummation. If a creditor chooses to 

redisclose at settlement, disclosures 

may be based on the terms in effect at 

settlement, rather than at 

consummation. For example, in a 

variable-rate transaction, a creditor may 

choose to base disclosures on the terms 

in effect at settlement, despite the 

general rule in comment 17(c)(1)–8 that 

variable-rate disclosures should be 

based on the terms in effect at 

consummation. 

2. Content of new disclosures. 

Creditors may rely on comment 

19(a)(2)(ii)–2 in determining the content 

of corrected disclosures required under 

§ 226.19(a)(5)(iii). 

■ 9. In Supplement I to Part 226, under 

Section 226.31—General Rules, heading 

Paragraph 31(c)(2) Disclosures for 

reverse mortgages and paragraph 

31(c)(2)–1 are revised, to read as 

follows: 

Subpart E—Special Rules for Certain 

Home Mortgage Transactions 

§ 226.31 General Rules 

* * * * * 

31(c)(2) Disclosures for reverse 

mortgages. 

1. Business days. For purposes of 

providing reverse mortgage disclosures, 

‘‘business day’’ has the same meaning as 

in comment 31(c)(1)–1—all calendar 

days except Sundays and the Federal 

legal holidays listed in 5 U.S.C. 6103(a). 

This means if disclosures are provided 

on a Friday, consummation could occur 

any time on Tuesday, the third business 

day following receipt of the disclosures. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, May 13, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E9–11567 Filed 5–18–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1245; Directorate 

Identifier 2008–NE–27–AD; Amendment 39– 

15912; AD 2009–11–02] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International S.A. Model CFM56 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for CFM 

International S.A. CFM56–2, CFM56–3, 

CFM56–5A, CFM56–5B, CFM56–5C, 

and CFM56–7B series turbofan engines 

with certain part number (P/N) and 

serial number (SN) high-pressure 

compressor (HPC) 4–9 spools installed. 

This AD requires removing certain HPC 

4–9 spools listed by P/N and SN in this 

AD. This AD results from reports of 

certain HPC 4–9 spools that Propulsion 

Technology LLC (PTLLC) improperly 

repaired and returned to service. We are 

issuing this AD to prevent cracking of 

the HPC 4–9 spool, which could result 

in possible uncontained failure of the 

spool and damage to the airplane. 

DATES: This AD becomes effective June 

23, 2009. 

ADDRESSES: 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: 

Stephen K. Sheely, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& 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: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed AD. The proposed AD 

applies to CFM International S.A. 

CFM56–2, CFM56–3, CFM56–5A, 

CFM56–5B, CFM56–5C, and CFM56–7B 

series turbofan engines with certain 

P/N and SN HPC 4–9 spools installed. 

We published the proposed AD in the 

Federal Register on November 26, 2008 

(73 FR 71951). That action proposed to 

require removing certain HPC 4–9 

spools that have a P/N and SN listed in 

Table 1 of this AD before accumulating 

8,900 cycles since repair at PTLLC or 

within 1,100 cycles from the effective 

date of this AD, whichever occurs later. 

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. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Incorrect SN in Table 1 of the Proposed 

AD 

Three commenters, the Air Transport 

Association (ATA), United Airlines, and 

CFM International, point out a 

typographical error in the SN for a 4– 

9 spool, P/N 1590M29G01. They state 

that the Special Airworthiness 

Information Bulletin (SAIB) NE–08–17 

shows SN GWNFY924 for that P/N and 

the proposed rule shows SN 

GWNFY824 for the same P/N. 

We agree. Serial number GWNFY924 

is the correct SN. We changed Table 1, 

P/N 1590M29G01 SN ‘‘GWNFY824,’’ to 

‘‘GWNFY924’’ in this AD. 

Request To Clarify the Relationship 

Between SAIB NE–08–17 and the 

Proposed AD 

One commenter, the ATA, suggests 

the proposed AD doesn’t show a clear 

relationship between its requirements 

and those contained in SAIB NE–08–17. 

The ATA suggests we provide a 

clarification and a better understanding 

of why we wrote SAIB NE–08–17 and 

the proposed rule. The ATA also asks if 

the recommendations or the hardware 

listed in SAIB NE–08–17 is still in 

effect. 

We partially agree. The proposed AD 

specifies the same twenty-six 4–9 spools 

as SAIB NE–08–17. Special 

Airworthiness Information Bulletin NE– 

08–17 still provides recommendations 

for dispositioning other parts listed in 

that SAIB. However, we don’t require 

removing the hardware listed in SAIB 

NE–08–17, other than the 4–9 spools. 

We didn’t change the AD. 


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23306 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Rules and Regulations 

Request To Delete ‘‘Seal Tooth Plasma 

Overspray’’ Statement From Discussion 

One commenter, CFM International, 

asks us to delete ‘‘Seal tooth plasma 

overspray between the seal teeth, which 

is not permitted by the engine overhaul 

manual, and’’ from the Discussion 

Section. CFM International states that 

the overhaul manual does allow plasma 

overspray between the seal teeth. 

We agree that the overhaul manual 

allows plasma overspray between the 

seal teeth. However, the Discussion 

Section is not included in the AD. We 

didn’t change the AD. 

Request To Include Instructions for 

Dispositioning the Removed 4–9 Spool 

One commenter, Japan Airlines, states 

that we include a prohibition for 

installing the affected 4–9 spools, but 

we don’t specify what to do with the 4– 

9 spools removed as specified in the 

proposed AD. They ask us to provide 

instructions to disposition the removed 

4–9 spools. 

We don’t agree. The proposed rule 

requires removing from service, certain 

4–9 spools, which removes the unsafe 

condition. The included installation 

prohibition resolves our remaining 

regulatory concerns. How operators 

recycle metal is beyond the scope of an 

AD, so long as the excluded part doesn’t 

find its way back into service. We didn’t 

change the AD. 

Request To Clarify the Compliance 

Times 

One commenter, the Boeing 

Company, asks us to clarify the 

compliance times for removing the 

affected 4–9 spools. Boeing suggests 

that, as written, the compliance times of 

‘‘before accumulating 8,900 cyclessince-repair at PTLLC or within 1,100 

cycles after the effective date of this 

AD,’’ could allow up to 10,000 cycles to 

accumulate on an engine before an 

operator has to take corrective action. 

We agree. That is what we intended. 

We didn’t change the AD. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

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 

26 engines installed on airplanes of U.S. 

registry. We also estimate that it will 

take about 410 work-hours per engine to 

perform the required actions, and that 

the average labor rate is $80 per workhour. Required parts will cost about 

$227,500 per engine. Based on these 

figures, we estimate the total cost of the 

AD to U.S. operators to be $6,767,800. 

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: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 14 CFR part 39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2009–11–02 CFM International S.A.: 

Amendment 39–15912. Docket No. 

FAA–2008–1245; Directorate Identifier 

2008–NE–27–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 23, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to CFM International 

S.A. CFM56–2, CFM56–3, CFM56–5A, 

CFM56–5B, CFM56–5C, and CFM56–7B 

series turbofan engines with a high-pressure 

compressor (HPC) 4–9 spool that has a part 

number (P/N) and serial number (SN) 

specified in Table 1 of this AD, installed. 

These engines are installed on, but not 

limited to, Airbus A319, A320, and A340 

airplanes and Boeing 737 airplanes. 

TABLE 1—HPC 4–9 SPOOLS BY P/N 

AND SN 

HPC 4–9 spool P/N HPC 4–9 spool SN 

9513M93G08 ............ MPON1641 

1590M29G01 ............ GWN0087D 

1590M29G01 ............ GWN00MG2 

1590M29G01 ............ GWN011LG 

1590M29G01 ............ GWN01285 

1590M29G01 ............ GWN021JC 

1590M29G01 ............ GWNFY923 

1590M29G01 ............ GWNFY924 

1590M29G01 ............ GWNPA756 

1590M29G01 ............ GWNPG015 

1590M29G01 ............ GWNWC515 

1590M29G01 ............ GWNWR523 

1590M29G01 ............ GWNWT631 

1590M29G01 ............ GWNYC495 

1588M89G03 ............ GWN03K1R 

1588M89G03 ............ GWN03N61 

1588M89G03 ............ GWN03N6C 

1588M89G03 ............ GWN040L9 

1588M89G03 ............ GWN0468N 

1588M89G03 ............ GWN05AMO 

1277M97G02 ............ GWNE1298 

1277M97G02 ............ GWNE1564 

1277M97G02 ............ GWNJ7891 

1277M97G02 ............ GWNT4187 

9513M93G11 ............ GWNB3373 

1358M94G01 ............ GWNU0169 

Unsafe Condition 

(d) This AD results from reports of certain 

HPC 4–9 spools that Propulsion Technology 

LLC (PTLLC) improperly repaired and 

returned to service. We are issuing this AD 

to prevent cracking of the HPC 4–9 spool, 

which could result in possible uncontained 


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Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Rules and Regulations 23307 

failure of the spool and damage to the 

airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Removing the HPC 4–9 Spool 

(f) Remove HPC 4–9 spools from service 

that have a P/N and S/N listed in Table 1 of 

this AD before accumulating 8,900 cyclessince-repair at PTLLC or within 1,100 cycles 

from the effective date of this AD, which ever 

occurs later. 

Installation Prohibition 

(g) After the effective date of this AD, do 

not install any engine with an HPC 4–9 spool 

that has a P/N and SN specified in Table 1 

of this AD. 

Alternative Methods of Compliance 

(h) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(i) Contact Stephen K. Sheely, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & 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, for more information about this AD. 

Material Incorporated by Reference 

(j) None. 

Issued in Burlington, Massachusetts, on 

May 13, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–11554 Filed 5–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2005–0159; FRL–8907–1] 

RIN 2060–AP56 

The Treatment of Data Influenced by 

Exceptional Events (Exceptional Event 

Rule): Revised Exceptional Event Data 

Flagging Submittal and Documentation 

Schedule for Monitoring Data Used in 

Designations for the 2008 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing amendments 

to the Exceptional Events Rule to 

provide a revised exceptional event data 

flagging and documentation schedule 

for ozone data that may be used for 

designations under the 2008 ozone 

National Ambient Air Quality Standards 

(NAAQS). The Exceptional Events Rule 

states that when EPA sets a NAAQS for 

a new pollutant or revises the NAAQS 

for an existing pollutant, EPA may 

revise or set a new schedule for flagging 

data for those NAAQS. EPA recently 

revised the primary and secondary 

ozone NAAQS to protect public health 

and welfare; the revised standards 

became effective May 27, 2008. 

Consistent with the process envisioned 

in the Exceptional Events Rule, this 

final rule revises the dates for flagging 

data and submitting documentation 

regarding exceptional events under the 

revised ozone NAAQS. This revised 

schedule allows EPA to fully consider 

State requests for exceptional event 

concurrence prior to EPA making final 

designations. 

DATES: This final rule is effective June 

18, 2009. 

ADDRESSES: EPA has established a 

docket for this rulemaking under Docket 

ID number EPA–HQ–OAR–2005–0159. 

All documents in the docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Thomas E. Link, Air Quality Planning 

Division, Office of Air Quality Planning 

and Standards, Mail Code C539–04, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: 919–541– 

5456; fax number: 919–541–0824; 

e-mail address: link.tom@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

I. Why Is EPA Issuing This Final Rule? 

II. Does This Action Apply to Me? 

III. What Is the Background for This Action? 

IV. Public Comment and Agency Response 

V. What Are the Amendments Included in 

the Final Rule? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

L. Judicial Review 

I. Why Is EPA Issuing This Final Rule? 

This final action provides for a 

revised schedule to flag data and submit 

documentation related to exceptional 

events that influence ozone data which 

may affect designations under the 

recently revised ozone NAAQS. This 

action creates no additional regulatory 

requirements compared to those already 

promulgated in the Exceptional Events 

Rule. 

II. Does This Action Apply to Me? 

States are responsible for identifying 

air quality data that they believe warrant 

special consideration, including data 

affected by exceptional events. States 

identify such data by flagging (making a 

notation in a designated field in the 

electronic data record) specific values in 

the Air Quality System (AQS) database. 

States must flag the data and submit a 

justification that the data are affected by 

exceptional events if they wish EPA to 

consider excluding the data in 

determining whether or not an area is 

attaining the revised ozone NAAQS. 

All States that include areas that 

could exceed the ozone NAAQS and 

could therefore be designated as 

nonattainment for the ozone NAAQS 

have the potential to be affected by this 

rulemaking. Therefore, this action 

applies to all States; to local air quality 

agencies to which a State has delegated 

relevant responsibilities for air quality 

management including air quality 

monitoring and data analysis; and, to 

Tribal air quality agencies where 

appropriate. The Exceptional Events 

Rule describes in greater detail to whom 

the Rule applies in 72 FR 13562–13563 

(March 22, 2007). 


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