27470 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 

in the event the direct final rule is 

withdrawn. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or TS. 

For additional procedural information 

and the regulatory analysis, see the 

direct final rule published in the Rules 

and Regulations section of this Federal 

Register. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, Radiation protection, Reporting 

and recordkeeping requirements, 

Security measures, Spent fuel, 

Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended, and 5 U.S.C. 

553; the NRC is proposing to adopt the 

following amendments to 10 CFR Part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

1. The authority citation for Part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, 

Public Law 86–373, 73 Stat. 688, as amended 

(42 U.S.C. 2021); sec. 201, as amended, 202, 

206, 88 Stat. 1242, as amended, 1244, 1246 

(42 U.S.C. 5841, 5842, 5846); Public Law 95– 

601, sec. 10, 92 Stat. 2951 as amended by 

Public Law 102–486, sec. 7902, 106 Stat. 

3123 (42 U.S.C. 5851); sec. 102, Public Law 

-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 

132, 133, 135, 137, 141, Public Law 97–425, 

96 Stat. 2229, 2230, 2232, 2241, sec. 148, 

Public Law 100–203, 101 Stat. 1330–235 (42 

U.S.C. 10151, 10152, 10153, 10155, 10157, 

10161, 10168); sec. 1704, 112 Stat. 2750 (44 

U.S.C. 3504 note); sec. 651(e), Public Law 

109–58, 119 Stat. 806–10 (42 U.S.C. 2014, 

2021, 2021b, 2111). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Public Law 100–203, 

101 Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c), (d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Public Law 97–425, 96 Stat. 

2230 (42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Public Law 100– 

203, 101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Public Law 97–425, 96 

Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

2. In § 72.214, Certificate of 

Compliance 1004 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1004. 

Initial Certificate Effective Date: January 

23, 1995. 

Amendment Number 1 Effective Date: 

April 27, 2000. 

Amendment Number 2 Effective Date: 

September 5, 2000. 

Amendment Number 3 Effective Date: 

September 12, 2001. 

Amendment Number 4 Effective Date: 

February 12, 2002. 

Amendment Number 5 Effective Date: 

January 7, 2004. 

Amendment Number 6 Effective Date: 

December 22, 2003. 

Amendment Number 7 Effective Date: 

March 2, 2004. 

Amendment Number 8 Effective Date: 

December 5, 2005. 

Amendment Number 9 Effective Date: 

April 17, 2007 

Amendment Number 10 Effective Date: 

August 24, 2009. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis Report 

for the Standardized NUHOMS ®

Horizontal Modular Storage System 

for Irradiated Nuclear Fuel. 

Docket Number: 72–1004. 

Certificate Expiration Date: January 23, 

2015. 

Model Number: NUHOMS ®–24P, 

–24PHB, –24PTH, –32PT, –32PTH1, 

–52B, –61BT, and –61BTH. 

* * * * * 

Dated at Rockville, Maryland, this 28th day 

of May, 2009. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–13578 Filed 6–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1212 

RIN 2590–AA19 

Post-Employment Restriction for 

Senior Examiners 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) proposes to issue a 

regulation that cross-references the 

Supplemental Standards of Ethical 

Conduct for Employees of FHFA and 

that sets forth post-employment 

restrictions for senior examiners of 

FHFA pursuant to 12 U.S.C. 4517(e). 

DATES: Comments regarding the Notice 

of Proposed Rulemaking must be 

received on or before July 27, 2009. For 

additional information, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: You may submit your 

comments on the proposed rulemaking, 

identified by ‘‘RIN 2590–AA19,’’ by any 

of the following methods: 

• U.S. Mail, United Parcel Service, 

Federal Express, or Other Mail Service: 

The mailing address for comments is: 

Alfred M. Pollard, General Counsel, 

Attention: Comments/RIN 2590–AA19, 

Federal Housing Finance Agency, 

Fourth Floor, 1700 G Street, NW., 

Washington, DC 20552. 

• Hand Delivered/Courier: The hand 

delivery address is: Alfred M. Pollard, 

General Counsel, Attention: Comments/ 

RIN 2590–AA19, Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street, NW., Washington, DC 20552. The 

package should be logged at the Guard 

Desk, First Floor, on business days 

between 9 a.m. and 5 p.m. 

• E-mail: Comments to Alfred M. 

Pollard, General Counsel, may be sent 

by e-mail to RegComments@fhfa.gov. 

Please include ‘‘RIN 2590–AA19’’ in the 

subject line of the message. 


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1See Division A, titled the ‘‘Federal Housing 

Finance Regulatory Reform Act of 2008,’’ Title I, 

Section 1101 of HERA. 2 12 U.S.C. 1820(k). 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. If 

you submit your comment to the 

Federal eRulemaking Portal, please also 

send it by e-mail to FHFA at 

RegComments@fhfa.gov to ensure 

timely receipt by the agency. Include 

the following information in the subject 

line of your submission: Comments/RIN 

2590–AA19. 

FOR FURTHER INFORMATION CONTACT: 

Janice A. Kullman, Assistant General 

Counsel, telephone (202) 414–8970 (not 

a toll-free number), Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street, NW., Washington, DC 20552. The 

telephone number for the 

Telecommunications Device for the Deaf 

is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Comments 

The Federal Housing Finance Agency 

(FHFA) invites comment on all aspects 

of the proposed regulation, and will 

consider all relevant comments before 

issuing the final regulation. Copies of all 

comments will be posted without 

change, including any personal 

information you provide, such as your 

name and address, on the FHFA Web 

site at http://www.fhfa.gov. In addition, 

copies of all comments received will be 

available for examination by the public 

on business days between the hours of 

10 a.m. and 3 p.m. at the Federal 

Housing Finance Agency, Fourth Floor, 

1700 G Street, NW., Washington, DC 

20552. To make an appointment to 

inspect comments, please call the Office 

of General Counsel at (202) 414–3751. 

II. Background 

The Housing and Economic Recovery 

Act of 2008 (HERA), Public Law No. 

110–289, 122 Stat. 2654, amended the 

Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992 (12 

U.S.C. 4501 et seq.) (Safety and 

Soundness Act) to establish FHFA as an 

independent agency of the Federal 

Government.1 FHFA was established to 

oversee the prudential operations of the 

Federal National Mortgage Association 

and the Federal Home Loan Mortgage 

Corporation (collectively, the 

Enterprises), and the Federal Home 

Loan Banks (Banks) (collectively, the 

regulated entities), and to ensure that 

they operate in a safe and sound manner 

including being capitalized adequately; 

foster liquid, efficient, competitive and 

resilient national housing finance 

markets; comply with the Safety and 

Soundness Act and rules, regulation, 

guidelines and orders issued under the 

Safety and Soundness Act, and the 

respective authorizing statutes of the 

regulated entities; and carry out their 

missions through activities authorized 

and consistent with the Safety and 

Soundness Act and their authorizing 

statutes; and, that the activities and 

operations of the regulated entities are 

consistent with the public interest. 

FHFA also has regulatory authority over 

the Office of Finance under 12 U.S.C 

4511. 

Section 6303(b) of the Intelligence 

Reform and Terrorism Prevention Act of 

2004, Public Law No. 108–458 (Dec. 17, 

2004), in amending section 10 of the 

Federal Deposit Insurance Act, 

established a post-employment 

restriction for senior examiners of the 

Office of the Comptroller of the 

Currency, Federal Reserve System, 

Federal Deposit Insurance Corporation, 

and Office of Thrift Supervision.2 In 

response, the Board of Governors of the 

Federal Reserve System (Federal 

Reserve) and the other financial 

regulators issued regulations on 

November 17, 2005, to reflect the new 

post-employment restriction. 

The Safety and Soundness Act 

provides that each examiner of FHFA 

‘‘shall be subject to the same 

disclosures, prohibitions, obligations 

and penalties as are applicable to 

examiners employed by the Federal 

Reserve Banks.’’ 12 U.S.C. 4517(e). In 

light of that provision, this proposed 

regulation sets forth post-employment 

restrictions that are essentially the same 

as the restrictions in the postemployment regulation of the Federal 

Reserve at 12 CFR part 264a, including 

penalty provisions. 

The Federal Reserve relies on section 

8 of the Federal Deposit Insurance Act 

(12 U.S.C. 1818) for the penalty 

enforcement section of its regulation. 

FHFA relies on similar provisions in 

section 1376 and 1377 of the Safety and 

Soundness Act (12 U.S.C. 4636 and 

4636a, respectively). 

III. Section-by-Section Analysis 

The following is a section-by-section 

analysis of the proposed regulation. 

Subpart A 

Subpart A would be reserved. FHFA 

intends to cross-reference the 

Supplemental Standards of Ethical 

Conduct for Employees of the Federal 

Housing Finance Agency when such 

standards are published. 

Subpart B—Post-Employment 

Restriction for Senior Examiners 

Section 1212.1 Purpose and scope 

Proposed § 1212.1 would provide that 

the purpose of subpart B is to set forth 

special post-employment restrictions 

that are applicable to senior examiners 

that are in addition to the postemployment restriction for FHFA 

employees under section 12 U.S.C. 

4523, which is restated in 5 CFR part 

9001. The post-employment restriction 

applicable to FHFA employees under 12 

U.S.C. 4523 provides that officers and 

employees of FHFA who are 

compensated at a certain salary level are 

not permitted to accept compensation 

from the Federal National Mortgage 

Association and the Federal Home Loan 

Mortgage Corporation (Enterprises) for a 

period of two years after leaving FHFA. 

Section 1212.2 Definitions 

This proposed section would set forth 

definitions applicable to subpart B. 

Consultant would be defined as a 

person who works directly on matters 

for, or on behalf of, a regulated entity, 

or the Office of Finance. 

Director would mean the Director of 

FHFA or his or her designee. 

Employee would be defined as an 

officer or employee of FHFA, including 

a special Government employee. 

Federal Home Loan Bank or Bank 

would be defined as a Bank established 

under the Federal Home Loan Bank Act; 

the term ‘‘Federal Home Loan Banks’’ 

means, collectively, all the Federal 

Home Loan Banks. 

Office of Finance would be defined as 

the Office of Finance of the Federal 

Home Loan Bank System. 

Regulated entity would be defined as 

the Federal National Mortgage 

Association and any affiliate thereof, the 

Federal Home Loan Mortgage 

Corporation and any affiliate thereof, or 

any Federal Home Loan Bank; the term 

‘‘regulated entities’’ would be defined to 

mean, collectively, the Federal National 

Mortgage Association and any affiliate 

thereof, the Federal Home Loan 

Mortgage Corporation and any affiliate 

thereof, and the Federal Home Loan 

Banks. 

Safety and Soundness Act would be 

defined as the Federal Housing 

Enterprises Financial Safety and 

Soundness Act of 1992, as amended by 

the Federal Housing Finance Regulatory 

Reform Act of 2008, Division A of the 

Housing and Economic Recovery Act of 

2008, Public Law No. 110–289, 122 Stat. 

2654 (2008). 

Senior examiner would be defined as 

an FHFA employee who has been: 


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• Authorized by FHFA to conduct 

examinations or inspections on behalf of 

FHFA; 

• Assigned continuing, broad and 

lead responsibility for examining a 

regulated entity or the Office of Finance; 

and 

• Assigned responsibilities for 

examining, inspecting, and supervising 

the regulated entity or the Office of 

Finance that— 

Æ Represents a substantial portion of 

the employee’s assigned 

responsibilities; and 

Æ Requires the employee to interact 

routinely with officers or employees of 

the regulated entity or the Office of 

Finance. 

To be considered a ‘‘senior 

examiner,’’ an employee must meet each 

of the criteria listed above. Thus, an 

examiner who spends a substantial 

portion of his or her time conducting or 

leading a targeted examination, but who 

does not have broad and lead 

responsibility for the overall 

examination program with respect to a 

regulated entity or the Office of Finance 

would not be considered a ‘‘senior 

examiner’’ with respect to that regulated 

entity or the Office of Finance. An 

examiner who divides his or her time 

across a portfolio of regulatory entities, 

each of which does not represent a 

substantial portion of the examiner’s 

responsibilities, also would not be 

considered a ‘‘senior examiner.’’ Such 

an examiner is not likely to develop the 

type and degree of relationship with any 

one regulated entity or the Office of 

Finance that the proposed postemployment restriction is designed to 

address. FHFA believes that an 

examiner has continuing responsibility 

for a regulated entity or the Office of 

Finance only when the examiner’s 

responsibilities for the regulated entity 

or the Office of Finance are expected to 

continue for a period of time that would 

enable the examiner to develop a 

meaningful, dedicated, and sustained 

relationship with the regulated entity or 

the Office of Finance. FHFA believes 

that such a period of time would be at 

least two months. 

To help examiners comply with the 

post-employment restrictions, FHFA 

intends that the designated agency 

ethics official (DAEO) or the alternate 

DAEO would notify examiners in 

writing if they are subject to either the 

one-year post-employment restriction or 

the two-year post-employment 

restriction under 12 U.S.C. 4523, or 

both. The DAEO or alternate DAEO 

would also provide examiners 

information about how to conform to 

one or both of the restrictions. 

FHFA expects that the examiner-incharge (EIC) of a Bank or the Office of 

Finance would be subject to the oneyear post-employment restriction from 

working at the Bank or Office of Finance 

for which he or she served as EIC, but 

not necessarily other Banks which he or 

she may examine. In addition, the 

portfolio managers, who each generally 

oversee four Banks, would be subject to 

the one-year post-employment 

restriction for each Bank they oversee. 

These two groups of employees are 

responsible for establishing the scope of 

annual exams and assigning the 

composite rating for the Banks and 

therefore meet the definition of senior 

examiner. There may be rare instances 

of other examiners who meet the 

definition, but FHFA would not expect 

that an examiner supervising one aspect 

of safety and soundness for all the 

Banks would fall into the definition of 

the term ‘‘senior examiner.’’ Such a 

subject matter examiner would not have 

substantial enough contacts with any 

one particular bank to warrant a postemployment restriction. FHFA estimates 

that approximately 15 examiners who 

serve as EICs and portfolio managers for 

the Banks and the Office of Finance 

would be considered ‘‘senior 

examiners’’ for the purposes of this 

proposed regulation. 

Examiners who examine the 

Enterprises are subject to the two-year 

post-employment restriction set forth in 

12 U.S.C. 4523 if they earn a certain 

salary, as is every FHFA employee. This 

two-year post-employment restriction 

would subsume the one-year postemployment restriction with respect to 

accepting employment at the 

Enterprises because any examiner who 

is a ‘‘senior examiner’’ would already be 

precluded from accepting employment 

from an Enterprise because of his or her 

salary level. While there are 

approximately 30 examiners whose 

salary is below the threshold that would 

trigger the two-year post-employment 

restriction, those examiners do not have 

broad and lead responsibility for 

examining a regulated entity or the 

Office of Finance and therefore would 

not meet the definition of ‘‘senior 

examiner.’’ FHFA believes that any 

examiner of an Enterprise who is a 

‘‘senior examiner’’ would also be subject 

to the two-year post-employment 

restriction under 12 U.S.C. 4523. 

Section 1212.3 Post-employment 

restriction for senior examiners 

Proposed § 1212.3 would prohibit a 

senior examiner from knowingly 

accepting compensation as an 

employee, officer, director, or 

consultant of a regulated entity or the 

Office of Finance for one year after 

leaving the employment of FHFA if he 

or she has examined the regulated entity 

or the Office of Finance for two or more 

months during the last 12 months of 

employment at FHFA. 

A person would be deemed to be a 

consultant for purposes of the one-year 

post-employment restriction if such 

person ‘‘directly works on matters for, 

or on behalf of’’ the relevant regulated 

entity or the Office of Finance. FHFA 

intends this provision to mean that a 

former senior examiner who joins a 

consulting or other firm or is selfemployed as a consultant may not, 

during the one-year post-employment 

period, participate in any work that the 

firm is conducting for a regulated entity 

or the Office of Finance that the former 

senior examiner would be prohibited 

from doing directly. The former senior 

examiner would not, however, violate 

the post-employment restrictions by 

joining a firm that performs work for 

such a regulated entity or the Office of 

Finance as long as the former senior 

examiner does not personally 

participate in any such work. 

The proposed post-employment 

restriction would not apply to any 

officer or employee of FHFA or any 

former officer or employee of FHFA 

who ceased to be an officer or employee 

of FHFA before the effective date of 

subpart B of this part. 

Section 1212.4 Waiver 

Proposed § 1212.4 would allow the 

Director, at the written request of a 

former senior examiner, to waive in 

writing, application of the one-year 

post-employment restriction, on a caseby-case basis, if the Director determines 

that granting the waiver would not 

affect the integrity of the supervisory 

program of FHFA. FHFA expects that 

waivers would be granted only in 

special circumstances. 

Section 1212.5 Penalties 

Proposed § 1212.5 would require 

FHFA to seek one or both of the 

following penalties against a former 

senior examiner who violates the oneyear post-employment restriction: 

(1) An order removing the individual 

from his or her position at, or 

prohibiting the individual from further 

participation in the affairs of, the 

regulated entity or the Office of Finance 

for a period of up to five years, and 

prohibiting the individual from 

participating in the conduct of the 

affairs of any regulated entity or the 

Office of Finance for a period of up to 

five years; or (2) a civil money penalty 

of not more than $250,000. 


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The former senior examiner against 

whom FHFA seeks to impose these 

penalties would have the procedural 

rights set forth in 12 U.S.C. 4636 and 

4636a, as applicable, and any 

implementing regulations issued by 

FHFA. 

Regulatory Impacts 

Paperwork Reduction Act 

The proposed 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.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires that a 

regulation that has a significant 

economic impact on a substantial 

number of small entities, small 

businesses, or small organizations must 

include an initial regulatory flexibility 

analysis describing the regulation’s 

impact on small entities. Such an 

analysis need not be undertaken if the 

agency has certified that the regulation 

does not have a significant economic 

impact on a substantial number of small 

entities. 5 U.S.C. 605(b). FHFA has 

considered the impact of the proposed 

regulation under the Regulatory 

Flexibility Act. FHFA certifies that the 

proposed regulation is not likely to have 

a significant economic impact on a 

substantial number of small business 

entities because the regulation is 

applicable only to employees and 

officers and former employees and 

officers of FHFA, who are not small 

entities for purposes of the Regulatory 

Flexibility Act. 

List of Subjects in 12 CFR part 1212 

Administrative practice and 

procedure, Conflicts of interest, Ethics, 

Federal Housing Finance Agency. 

Accordingly, for the reasons stated in 

the preamble, under the authority of 12 

U.S.C. 4526 and 4517(e), FHFA 

proposes to amend 12 CFR Chapter XII 

by adding part 1212 to Subchapter A to 

read as follows: 

PART 1212—POST-EMPLOYMENT 

RESTRICTION FOR SENIOR 

EXAMINERS 

Subpart A—[Reserved] 

Subpart B—Post-Employment Restriction 

for Senior Examiners 

Sec. 

1212.1 Purpose and scope. 

1212.2 Definitions. 

1212.3 Post-employment restriction for 

senior examiners. 

1212.4 Waiver. 

1212.5 Penalties. 

Authority: 12 U.S.C. 4526, 12 U.S.C. 

4517(e). 

Subpart A—[Reserved] 

Subpart B—Post-Employment 

Restriction for Senior Examiners 

§ 1212.1 Purpose and scope. 

This subpart sets forth a one-year 

post-employment restriction applicable 

to senior examiners of the Federal 

Housing Finance Agency (FHFA). This 

restriction is in addition to the postemployment restriction applicable to 

employees of FHFA under section 12 

U.S.C. 4523. 

§ 1212.2 Definitions. 

For purposes of subpart B of this part, 

the term: 

Consultant means a person who 

works directly on matters for, or on 

behalf of, a regulated entity or the Office 

of Finance. 

Director means the Director of FHFA 

or his or her designee. 

Employee means an officer or 

employee of FHFA, including a special 

Government employee. 

Federal Home Loan Bank or Bank 

means a Bank established under the 

Federal Home Loan Bank Act; the term 

‘‘Federal Home Loan Banks’’ means, 

collectively, all the Federal Home Loan 

Banks. 

Office of Finance means the Office of 

Finance of the Federal Home Loan Bank 

System, or any successor thereto. 

Regulated entity means the Federal 

National Mortgage Association and any 

affiliate thereof, the Federal Home Loan 

Mortgage Corporation and any affiliate 

thereof, any Federal Home Loan Bank; 

the term ‘‘regulated entities’’ means, 

collectively, the Federal National 

Mortgage Association and any affiliate 

thereof, the Federal Home Loan 

Mortgage Corporation and any affiliate 

thereof, and the Federal Home Loan 

Banks. 

Safety and Soundness Act means the 

Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992, as 

amended by the Federal Housing 

Finance Regulatory Reform Act of 2008, 

Division A of the Housing and 

Economic Recovery Act of 2008, Public 

Law No. 110–289, 122 Stat. 2654 (2008). 

Senior examiner means an employee 

of FHFA who has been: 

(1) Authorized by FHFA to conduct 

examinations or inspections on behalf of 

FHFA; 

(2) Assigned continuing, broad and 

lead responsibility for examining a 

regulated entity or the Office of Finance; 

and, 

(3) Assigned responsibilities for 

examining, inspecting and supervising 

the regulated entity or the Office of 

Finance that— 

(i) Represents a substantial portion of 

the employee’s assigned 

responsibilities; and 

(ii) Requires the employee to interact 

routinely with officers or employees of 

the regulated entity or the Office of 

Finance. 

§ 1212.3 Post-employment restriction for 

senior examiners. 

(a) Prohibition. An employee of FHFA 

who serves as the senior examiner of a 

regulated entity or the Office of Finance 

for two or more months during the last 

12 months of his or her employment 

with FHFA may not, within one year 

after leaving the employment of FHFA, 

knowingly accept compensation as an 

employee, officer, director, or 

consultant from a regulated entity or the 

Office of Finance unless the Director 

grants a waiver pursuant to § 1212.4. 

(b) Effective date. The postemployment restriction in paragraph (a) 

of this section shall not apply to any 

officer or employee of FHFA or any 

former officer or employee of FHFA 

who ceased to be an officer or employee 

of FHFA before the effective date of 

Subpart B of this part. 

§ 1212.4 Waiver. 

At the written request of a senior 

examiner or former senior examiner, the 

Director may waive the postemployment restriction in § 1212.3 if he 

or she certifies, in writing, and on a 

case-by-case basis, that granting a 

waiver of such restriction would not 

affect the integrity of the supervisory 

program of FHFA. 

§ 1212.5 Penalties. 

(a) General. A senior examiner who, 

after leaving the employment of FHFA, 

violates the restriction set forth in 

§ 1212.3 shall be subject to one or both 

of the following penalties— 

(1) An order: 

(i) Removing the individual from 

office at the regulated entity or the 

Office of Finance or prohibiting the 

individual from further participation in 

the affairs of the relevant regulated 

entity or the Office of Finance for a 

period of up to five years; and 

(ii) Prohibiting the individual from 

participating in the affairs of any 

regulated entity or the Office of Finance 

for a period of up to five years; and/or 

(2) A civil money penalty of not more 

than $250,000. 

(b) Other penalties. The penalties set 

forth in paragraph (a) of this section are 

not exclusive, and a senior examiner 


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who violates the restrictions in § 1212.3 

also may be subject to other 

administrative, civil, or criminal 

remedies or penalties as provided in 

law. 

(c) Procedural rights. The procedures 

applicable to actions under paragraph 

(a) of this section are those provided in 

the Safety and Soundness Act under 

section 1376, in connection with the 

imposition of a civil money penalty; 

under section 1377, in connection with 

a removal and prohibition order (12 

U.S.C. 4636 and 4636a, respectively); 

and under any regulations issued by 

FHFA implementing such procedures. 

Dated: May 27, 2009. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E9–13620 Filed 6–9–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0525; Directorate 

Identifier 2009–NM–027–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

AD CF–2002–12 [which corresponds to 

FAA AD 2003–04–21, amendment 39–13070] 

mandated installation of revised overwing 

emergency exit placards showing that the 

exit door should be opened and disposed 

from a seated position. However, it was later 

discovered that the new placards illustrated 

an incorrect hand position for removal of the 

exit upper handle cover. These incorrect 

instructions could cause difficulty or delay 

when opening the overwing emergency exit. 

As a result, the timely and safe 

evacuation of passenger and crew may 

be impeded. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: We must receive comments on 

this proposed AD by July 10, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; 

Internet http://www.bombardier.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, 

call 425–227–1221 or 425–227–1152. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Alfano, Aerospace 

Engineer, Airframe and Mechanical 

Systems Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7340; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0525; Directorate Identifier 

2009–NM–027–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On February 19, 2003, we issued AD 

2003–04–21, Amendment 39–13070 (68 

FR 9509, February 28, 2003). A 

correction of that AD was published in 

the Federal Register on March 25, 2003 

(68 FR 14309). That AD required actions 

intended to address an unsafe condition 

on the products listed above. 

Since we issued AD 2003–04–21, it 

was discovered that the new placards 

illustrated an incorrect hand position 

for removal of the exit upper handle 

cover. Transport Canada Civil Aviation, 

which is the aviation authority for 

Canada, has issued Canadian 

Airworthiness Directive CF–2009–02, 

dated January 19, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

AD CF–2002–12 [which corresponds to 

FAA AD 2003–04–21] mandated installation 

of revised overwing emergency exit placards 

showing that the exit door should be opened 

and disposed from a seated position. 

However, it was later discovered that the new 

placards illustrated an incorrect hand 

position for removal of the exit upper handle 

cover. These incorrect instructions could 

cause difficulty or delay when opening the 

overwing emergency exit. 

As a result, the timely and safe 

evacuation of passenger and crew may 

be impeded. The required actions 

include replacing the incorrect placards 

with revised placards. You may obtain 

further information by examining the 

MCAI in the AD docket. 

This NPRM adds certain airplanes to 

the applicability; we have determined 

that these additional airplanes are 

affected by the identified unsafe 

condition. These airplanes were added 

as they also have the same interior 

configuration. This NPRM also removes 

certain airplanes from the applicability; 

airplanes with serial numbers 7075, 

7099, 7136, 7140, 7152, 7176, and 7351 

have been removed because they have 

different placards installed. 


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