Technical Amendments, 76938-76940 [E8-30021]

Download as PDF rwilkins on PROD1PC63 with RULES 76938 Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations alien from the consequences for failure to depart voluntarily during the period allowed. However, if the alien had waived appeal of the immigration judge’s decision, the alien’s failure to post the required voluntary departure bond within the period allowed means that the alternate order of removal takes effect immediately pursuant to 8 CFR 1241.1(f), except that an alien granted the privilege of voluntary departure under 8 CFR 1240.26(c) will not be deemed to have departed under an order of removal if the alien: (i) Departs the United States no later than 25 days following the failure to post bond; (ii) Provides to DHS such evidence of his or her departure as the ICE Field Office Director may require; and (iii) Provides evidence DHS deems sufficient that he or she remains outside of the United States. * * * * * (e) * * * (1) Motion to reopen or reconsider filed during the voluntary departure period. The filing of a motion to reopen or reconsider prior to the expiration of the period allowed for voluntary departure has the effect of automatically terminating the grant of voluntary departure, and accordingly does not toll, stay, or extend the period allowed for voluntary departure under this section. See paragraphs (b)(3)(iii) and (c)(3)(ii) of this section. If the alien files a postorder motion to reopen or reconsider during the period allowed for voluntary departure, the penalties for failure to depart voluntarily under section 240B(d) of the Act shall not apply. The Board shall advise the alien of the condition provided in this paragraph in writing if it reinstates the immigration judge’s grant of voluntary departure. (2) Motion to reopen or reconsider filed after the expiration of the period allowed for voluntary departure. The filing of a motion to reopen or a motion to reconsider after the time allowed for voluntary departure has already expired does not in any way impact the period of time allowed for voluntary departure under this section. The granting of a motion to reopen or reconsider that was filed after the penalties under section 240B(d) of the Act had already taken effect, as a consequence of the alien’s prior failure voluntarily to depart within the time allowed, does not have the effect of vitiating or vacating those penalties, except as provided in section 240B(d)(2) of the Act. (f) * * * The filing of a motion to reopen or reconsider does not toll, stay, or extend the period allowed for voluntary departure. The filing of a VerDate Aug<31>2005 17:41 Dec 17, 2008 Jkt 217001 petition for review has the effect of automatically terminating the grant of voluntary departure, and accordingly also does not toll, stay, or extend the period allowed for voluntary departure. * * * * * (i) Effect of filing a petition for review. If, prior to departing the United States, the alien files a petition for review pursuant to section 242 of the Act (8 U.S.C. 1252) or any other judicial challenge to the administratively final order, any grant of voluntary departure shall terminate automatically upon the filing of the petition or other judicial challenge and the alternate order of removal entered pursuant to paragraph (d) of this section shall immediately take effect, except that an alien granted the privilege of voluntary departure under 8 CFR 1240.26(c) will not be deemed to have departed under an order of removal if the alien departs the United States no later than 30 days following the filing of a petition for review, provides to DHS such evidence of his or her departure as the ICE Field Office Director may require, and provides evidence DHS deems sufficient that he or she remains outside of the United States. The Board shall advise the alien of the condition provided in this paragraph in writing if it reinstates the immigration judge’s grant of voluntary departure. The automatic termination of a grant of voluntary departure and the effectiveness of the alternative order of removal shall not affect, in any way, the date that the order of the immigration judge or the Board became administratively final, as determined under the provisions of the applicable regulations in this chapter. Since the grant of voluntary departure is terminated by the filing of the petition for review, the alien will be subject to the alternate order of removal, but the penalties for failure to depart voluntarily under section 240B(d) of the Act shall not apply to an alien who files a petition for review, and who remains in the United States while the petition for review is pending. (j) Penalty for failure to depart. There shall be a rebuttable presumption that the civil penalty for failure to depart, pursuant to section 240B(d)(1)(A) of the Act, shall be set at $3,000 unless the immigration judge specifically orders a higher or lower amount at the time of granting voluntary departure within the permissible range allowed by law. The immigration judge shall advise the alien of the amount of this civil penalty at the time of granting voluntary departure. * * * * * PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 PART 1241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED 4. The authority citation for part 1241 continues to read as follows: ■ Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223, 1224, 1225, 1226, 227, 1231, 1251, 1253, 1255, 1330, 1362; 18 U.S.C. 4002, 4013(c)(4). 5. Section 1241.1 is amended by revising paragraph (f), to read as follows: ■ § 1241.1 Final order of removal. * * * * * (f) If an immigration judge issues an alternate order of removal in connection with a grant of voluntary departure, upon overstay of the voluntary departure period, or upon the failure to post a required voluntary departure bond within 5 business days. If the respondent has filed a timely appeal with the Board, the order shall become final upon an order of removal by the Board or the Attorney General, or upon overstay of the voluntary departure period granted or reinstated by the Board or the Attorney General. Dated: December 12, 2008. Michael B. Mukasey, Attorney General. [FR Doc. E8–30025 Filed 12–17–08; 8:45 am] BILLING CODE 4410–30–P DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Parts 516 and 575 [OTS No. 2008–0023] Technical Amendments AGENCY: Office of Thrift Supervision, Treasury. ACTION: Final rule. SUMMARY: The Office of Thrift Supervision (OTS) is amending its regulations to incorporate technical and conforming amendments. They include clarifications and corrections of typographical errors. DATES: Effective Date: December 18, 2008. FOR FURTHER INFORMATION CONTACT: Sandra E. Evans, Legal Information Assistant (Regulations), (202) 906–6076, or Marvin Shaw, Senior Attorney, (202) 906–6639, Regulations and Legislation Division, Chief Counsel’s Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS is amending its regulations to incorporate E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations technical and conforming amendments. OTS is making the following miscellaneous changes: Section 516.40—Application Processing Procedures. The final rule revises the table in 12 CFR 516.40 to add contact information for the agency’s Central region. Sections 575.9 and 575.14—Optional Charter Provisions in Mutual Holding Company Structures. OTS permits certain MHC subsidiaries to adopt an optional charter provision that would prohibit any person from acquiring, or offering to acquire beneficial ownership of more than ten percent of the MHC subsidiary’s minority stock (stock held by persons other than the subsidiary’s MHC).1 This final rule modifies the instruction contained in sections 12 CFR 575.9(c) and 575.14(c)(3) to read: ‘‘[insert date within five years of a minority stock issuance] * * *.’’ Today’s change corrects the July final rule which inadvertently stated ‘‘[insert date of minority stock issuance].’’ interest because the rule merely makes technical changes to existing provisions. Because the amendments in the rule are not substantive, these changes will not affect savings associations. Section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 provides that regulations that impose additional reporting, disclosure, or other new requirements may not take effect before the first day of the quarter following publication.3 This section does not apply because this final rule imposes no additional requirements and makes only technical changes to existing regulations. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act,4 the OTS Director certifies that this technical corrections regulation will not have a significant economic impact on a substantial number of small entities. Administrative Procedure Act; Riegle Community Development and Regulatory Improvement Act of 1994 Executive Order 12866 OTS has determined that this rule is not a ‘‘significant regulatory action’’ for purposes of Executive Order 12866. OTS finds that there is good cause to dispense with prior notice and comment on this final rule and with the 30-day delay of effective date mandated by the Administrative Procedure Act.2 OTS believes that these procedures are unnecessary and contrary to public Unfunded Mandates Reform Act of 1995 OTS has determined that the requirements of this final rule will not result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more 76939 in any one year. Accordingly, a budgetary impact statement is not required under section 202 of the Unfunded Mandates Reform Act of 1995. List of Subjects 12 CFR Part 516 Administrative practice and procedure, Reporting and recordkeeping requirements, Savings associations. 12 CFR Part 575 Administrative practice and procedure, Capital, Holding companies, Reporting and recordkeeping requirements, Savings Associations, Securities. ■ Accordingly, the Office of Thrift Supervision amends title 12, chapter V of the Code of Federal Regulations, as set forth below. PART 516—APPLICATION PROCESSING PROCEDURES 1. The authority citation for part 516 continues to read as follows: ■ Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462a, 1463, 1464, 2901 et seq. 2. Revise the table in § 516.40(a)(2) to read as follows: ■ § 516.40 Where do I file my application? (a) * * * (2) * * * Region Office address States served Northeast ...... Office of Thrift Supervision, Harborside Financial Center, Plaza Five, Suite 1600, Jersey City, New Jersey 07311. Southeast ...... Office of Thrift Supervision, 1475 Peachtree Street, NW., Atlanta, Georgia 30309 (Mail Stop: P.O. Box 105217, Atlanta, Georgia 30348–5217). Office of Thrift Supervision, 1 South Wacker Drive, Suite 2000, Chicago, Illinois 60606. Office of Thrift Supervision, 225 E. John Carpenter Freeway, Suite 500, Irving, Texas 75062–2326 (Mail to: P.O. Box 619027, Dallas/Ft. Worth, Texas 75261–9027. Office of Thrift Supervision, Pacific Plaza, 2001 Junipero Serra Boulevard, Suite 650, Daly City, California. Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, West Virginia. Alabama, District of Columbia, Florida, Georgia, Kentucky, Maryland, North Carolina, Puerto Rico, South Carolina, Virginia, the Virgin Islands. Illinois, Indiana, Ohio, Michigan, Wisconsin. Central .......... Midwest ......... West .............. * * * * rwilkins on PROD1PC63 with RULES 3. The authority citation for 12 CFR part 575 continues to read as follows: ■ 73 FR 39216 (July 9, 2008). U.S.C. 553. bracketed language of the second sentence. § 575.9 § 575.14 4. Amend the second paragraph of § 575.9(c) by adding the phrase ‘‘within five years’’ after the word ‘‘date’’ in the 3 Pub. 25 4 Pub. Jkt 217001 [Amended] ■ 1 See 17:41 Dec 17, 2008 Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Northern Mariana Islands, Oregon, South Dakota, Utah, Washington, Wyoming. Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1467a, 1828, 2901. * PART 575—MUTUAL HOLDING COMPANIES VerDate Aug<31>2005 Arkansas, Iowa, Kansas, Louisiana, Mississippi, Missouri Nebraska, Oklahoma, Tennessee, Texas. PO 00000 [Amended] 5. Amend the second paragraph of § 575.14(c)(3) by adding the phrase ‘‘within five years’’ after the word ■ L. 103–325, 12 U.S.C. 4802. L. 96–354, 5 U.S.C. 601. Frm 00093 Fmt 4700 Sfmt 4700 E:\FR\FM\18DER1.SGM 18DER1 76940 Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Rules and Regulations ‘‘date’’ in the bracketed language of the second sentence. Dated: December 11, 2008. By the Office of Thrift Supervision. John M. Reich, Director. [FR Doc. E8–30021 Filed 12–17–08; 8:45 am] BILLING CODE 6720–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2008–1018; Airspace Docket No. 08–AAL–31] Revocation of Class E Airspace; Metlakatla, AK Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: rwilkins on PROD1PC63 with RULES SUMMARY: This action revokes Class E airspace at Metlakatla, AK. The privately funded special instrument approaches serving Metlakatla Airport have been removed. There is no longer a requirement for the controlled airspace. This action revokes existing Class E airspace surrounding the Metlakatla Airport, Metlakatla, AK. DATES: Effective Date: 0901 UTC, March 12, 2009. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL–538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587; telephone number (907) 271–5898; fax: (907) 271–2850; e-mail: gary.ctr.rolf@faa.gov. Internet address: http://www.faa.gov/about/office_org/ headquarters_offices/ato/service_units/ systemops/fs/alaskan/rulemaking/. SUPPLEMENTARY INFORMATION: History On Friday, October 17, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revoke the Class E airspace at Metlakatla, AK (73 FR 61752). The action was proposed in order to remove controlled airspace no longer necessary, due to the removal of the existing instrument approach procedure previously serving the Metlakatla Airport. Class E controlled airspace associated with the Metlakatla Airport area is revoked by this action. VerDate Aug<31>2005 17:41 Dec 17, 2008 Jkt 217001 Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revokes Class E airspace at the Metlakatla Airport, Alaska. This Class E airspace is revoked because there are no longer any instrument procedures at the Metlakatla Airport, and the airspace depiction will be removed from aeronautical charts. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(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) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Because this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, 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 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 because it revokes Class E airspace no longer necessary for the Metlakatla Airport and represents the FAA’s continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: ■ PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, signed October 3, 2008, and effective October 31, 2008, is amended as follows: ■ Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * AAL AK E5 * * * * Metlakatla, AK [Revoked] * * * Issued in Anchorage, AK, on December 4, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8–30013 Filed 12–17–08; 8:45 am] BILLING CODE 4910–13–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404, 408, 416, and 422 [Docket No. SSA–2008–0005] RIN 0960–AG75 Clarification of Evidentiary Standard for Determinations and Decisions Social Security Administration. Final Rules. AGENCY: ACTION: SUMMARY: We are amending our rules to clarify that we apply the preponderance of the evidence standard when we make determinations and decisions at all levels of our administrative review E:\FR\FM\18DER1.SGM 18DER1

Agencies

[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76938-76940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30021]


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DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

12 CFR Parts 516 and 575

[OTS No. 2008-0023]


Technical Amendments

AGENCY: Office of Thrift Supervision, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Thrift Supervision (OTS) is amending its 
regulations to incorporate technical and conforming amendments. They 
include clarifications and corrections of typographical errors.

DATES: Effective Date: December 18, 2008.

FOR FURTHER INFORMATION CONTACT: Sandra E. Evans, Legal Information 
Assistant (Regulations), (202) 906-6076, or Marvin Shaw, Senior 
Attorney, (202) 906-6639, Regulations and Legislation Division, Chief 
Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., 
Washington, DC 20552.

SUPPLEMENTARY INFORMATION: OTS is amending its regulations to 
incorporate

[[Page 76939]]

technical and conforming amendments. OTS is making the following 
miscellaneous changes:
    Section 516.40--Application Processing Procedures. The final rule 
revises the table in 12 CFR 516.40 to add contact information for the 
agency's Central region.
    Sections 575.9 and 575.14--Optional Charter Provisions in Mutual 
Holding Company Structures. OTS permits certain MHC subsidiaries to 
adopt an optional charter provision that would prohibit any person from 
acquiring, or offering to acquire beneficial ownership of more than ten 
percent of the MHC subsidiary's minority stock (stock held by persons 
other than the subsidiary's MHC).\1\ This final rule modifies the 
instruction contained in sections 12 CFR 575.9(c) and 575.14(c)(3) to 
read: ``[insert date within five years of a minority stock issuance] * 
* *.'' Today's change corrects the July final rule which inadvertently 
stated ``[insert date of minority stock issuance].''
---------------------------------------------------------------------------

    \1\ See 73 FR 39216 (July 9, 2008).
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Administrative Procedure Act; Riegle Community Development and 
Regulatory Improvement Act of 1994

    OTS finds that there is good cause to dispense with prior notice 
and comment on this final rule and with the 30-day delay of effective 
date mandated by the Administrative Procedure Act.\2\ OTS believes that 
these procedures are unnecessary and contrary to public interest 
because the rule merely makes technical changes to existing provisions. 
Because the amendments in the rule are not substantive, these changes 
will not affect savings associations.
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 553.
---------------------------------------------------------------------------

    Section 302 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 provides that regulations that impose 
additional reporting, disclosure, or other new requirements may not 
take effect before the first day of the quarter following 
publication.\3\ This section does not apply because this final rule 
imposes no additional requirements and makes only technical changes to 
existing regulations.
---------------------------------------------------------------------------

    \3\ Pub. L. 103-325, 12 U.S.C. 4802.
---------------------------------------------------------------------------

Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act,\4\ 
the OTS Director certifies that this technical corrections regulation 
will not have a significant economic impact on a substantial number of 
small entities.
---------------------------------------------------------------------------

    \4\ Pub. L. 96-354, 5 U.S.C. 601.
---------------------------------------------------------------------------

Executive Order 12866

    OTS has determined that this rule is not a ``significant regulatory 
action'' for purposes of Executive Order 12866.

Unfunded Mandates Reform Act of 1995

    OTS has determined that the requirements of this final rule will 
not result in expenditures by State, local, and tribal governments, or 
by the private sector, of $100 million or more in any one year. 
Accordingly, a budgetary impact statement is not required under section 
202 of the Unfunded Mandates Reform Act of 1995.

List of Subjects

12 CFR Part 516

    Administrative practice and procedure, Reporting and recordkeeping 
requirements, Savings associations.

12 CFR Part 575

    Administrative practice and procedure, Capital, Holding companies, 
Reporting and recordkeeping requirements, Savings Associations, 
Securities.

0
Accordingly, the Office of Thrift Supervision amends title 12, chapter 
V of the Code of Federal Regulations, as set forth below.

PART 516--APPLICATION PROCESSING PROCEDURES

0
1. The authority citation for part 516 continues to read as follows:

    Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462a, 1463, 1464, 2901 
et seq.


0
2. Revise the table in Sec.  516.40(a)(2) to read as follows:


Sec.  516.40  Where do I file my application?

    (a) * * *
    (2) * * *

 
------------------------------------------------------------------------
       Region              Office address             States served
------------------------------------------------------------------------
Northeast...........  Office of Thrift          Connecticut, Delaware,
                       Supervision, Harborside   Maine, Massachusetts,
                       Financial Center, Plaza   New Hampshire, New
                       Five, Suite 1600,         Jersey, New York,
                       Jersey City, New Jersey   Pennsylvania, Rhode
                       07311.                    Island, Vermont, West
                                                 Virginia.
Southeast...........  Office of Thrift          Alabama, District of
                       Supervision, 1475         Columbia, Florida,
                       Peachtree Street, NW.,    Georgia, Kentucky,
                       Atlanta, Georgia 30309    Maryland, North
                       (Mail Stop: P.O. Box      Carolina, Puerto Rico,
                       105217, Atlanta,          South Carolina,
                       Georgia 30348-5217).      Virginia, the Virgin
                                                 Islands.
Central.............  Office of Thrift          Illinois, Indiana, Ohio,
                       Supervision, 1 South      Michigan, Wisconsin.
                       Wacker Drive, Suite
                       2000, Chicago, Illinois
                       60606.
Midwest.............  Office of Thrift          Arkansas, Iowa, Kansas,
                       Supervision, 225 E.       Louisiana, Mississippi,
                       John Carpenter Freeway,   Missouri Nebraska,
                       Suite 500, Irving,        Oklahoma, Tennessee,
                       Texas 75062-2326 (Mail    Texas.
                       to: P.O. Box 619027,
                       Dallas/Ft. Worth, Texas
                       75261-9027.
West................  Office of Thrift          Alaska, Arizona,
                       Supervision, Pacific      California, Colorado,
                       Plaza, 2001 Junipero      Guam, Hawaii, Idaho,
                       Serra Boulevard, Suite    Montana, Nevada, New
                       650, Daly City,           Mexico, North Dakota,
                       California.               Northern Mariana
                                                 Islands, Oregon, South
                                                 Dakota, Utah,
                                                 Washington, Wyoming.
------------------------------------------------------------------------

* * * * *

PART 575--MUTUAL HOLDING COMPANIES

0
3. The authority citation for 12 CFR part 575 continues to read as 
follows:

    Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1467a, 1828, 2901.


Sec.  575.9  [Amended]

0
4. Amend the second paragraph of Sec.  575.9(c) by adding the phrase 
``within five years'' after the word ``date'' in the bracketed language 
of the second sentence.


Sec.  575.14  [Amended]

0
5. Amend the second paragraph of Sec.  575.14(c)(3) by adding the 
phrase ``within five years'' after the word

[[Page 76940]]

``date'' in the bracketed language of the second sentence.

    Dated: December 11, 2008.

    By the Office of Thrift Supervision.
John M. Reich,
Director.
[FR Doc. E8-30021 Filed 12-17-08; 8:45 am]
BILLING CODE 6720-01-P