Assessment of Fees, 9012-9014 [E8-3004]

Download as PDF 9012 Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Rules and Regulations phrase ‘‘Customs and Border Protection or Immigration and Customs Enforcement’’. § 162.22 [Amended] 3. In section 162.22: a. The last sentence of paragraph (a) is amended by removing the period at the end of the last sentence and adding the phrase ‘‘and section 274(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(b)(1)).’’ I b. Paragraph (d) is removed and current paragraph (e) is redesignated as paragraph (d). I I § 162.91 [Amended] 4. The first sentence of section 162.91 is amended by removing the term ‘‘Customs’’ and replacing it with the term ‘‘Customs and Border Protection or Immigration and Customs Enforcement’’. I § 162.92 [Amended] 5. In section 162.92: a. The heading of paragraph (d) is amended by removing the phrase ‘‘by Customs’’. I b. Paragraph (d)(1) is amended by removing the phrase ‘‘Assistant Commissioner, Investigations, or his designee’’ and replacing it with the term ‘‘Assistant Secretary, Immigration and Customs Enforcement or the Commissioner of Customs and Border Protection for cases within their respective agencies, or their successors or designees’’. I I Date: January 28, 2008. Michael Chertoff, Secretary. [FR Doc. E8–2965 Filed 2–15–08; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF THE TREASURY Comptroller of the Currency 12 CFR Part 8 [Docket No. OCC–2008–0001] RIN 1557–AD06 Assessment of Fees Office of the Comptroller of the Currency, Treasury. ACTION: Interim final rule with request for comment. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: The Office of the Comptroller of the Currency (OCC) is amending its assessment regulation to add two new asset-size categories to the table in 12 CFR 8.2(a) used to calculate each national bank’s semiannual assessment. The addition of these categories is VerDate Aug<31>2005 16:30 Feb 15, 2008 Jkt 214001 warranted to take account of significant structural changes in the national banking system since 1992, when the table was last revised, and will enable the OCC to realign our assessments to better reflect industry structure and OCC’s corresponding expenses of operations. The OCC is issuing this rule as an interim rule with a request for comment so that such a realignment can occur promptly. DATES: Effective Date: This rule is effective on February 19, 2008. Comment Date: Comments must be received by March 20, 2008. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Please use the title ‘‘Assessment of Fees’’ to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods: • Federal eRulemaking Portal— ‘‘Regulations.gov’’: Go to https:// www.regulations.gov, under the ‘‘More Search Options’’ tab click next to the ‘‘Advanced Docket Search’’ option where indicated, select ‘‘Comptroller of the Currency’’ from the agency dropdown menu, then click ‘‘Submit.’’ In the ‘‘Docket ID’’ column, select ‘‘OCC– 2008–0001’’ to submit or view public comments and to view supporting and related materials for this interim final rule. The ‘‘How to Use This Site’’ link on the Regulations.gov home page provides information on using Regulations.gov, including instructions for submitting or viewing public comments, viewing other supporting and related materials, and viewing the docket after the close of the comment period. • E-mail: regs.comments@occ.treas.gov. • Mail: Office of the Comptroller of the Currency, 250 E Street, SW., Mail Stop 1–5, Washington, DC 20219. • Fax: (202) 874–4448. • Hand Delivery/Courier: 250 E Street, SW., Attn: Public Information Room, Mail Stop 1–5, Washington, DC 20219. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘Docket Number OCC–2008–0001’’ in your comment. In general, OCC will enter all comments received into the docket and publish them on the Regulations.gov Web site without change, including any business or personal information that you provide such as name and address information, e-mail addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may review comments and other related materials that pertain to this interim final rule by any of the following methods: • Viewing Comments Electronically: Go to https://www.regulations.gov, under the ‘‘More Search Options’’ tab click next to the ‘‘Advanced Document Search’’ option where indicated, select ‘‘Comptroller of the Currency’’ from the agency drop-down menu, then click ‘‘Submit.’’ In the ‘‘Docket ID’’ column, select ‘‘OCC–2008–0001’’ to view public comments for this rulemaking action. • Viewing Comments Personally: You may personally inspect and photocopy comments at the OCC’s Public Information Room, 250 E Street, SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–5043. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. • Docket: You may also view or request available background documents and project summaries using the methods described above. FOR FURTHER INFORMATION CONTACT: Mitchell Plave, Counsel, Legislative and Regulatory Activities Division, (202) 874–5090; Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division, (202) 874–5090; or Colette Baylson, Accounting Operations Manager, Financial Management, (202) 874–4403, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Background The National Bank Act authorizes the OCC to fund the expenses of its operations through assessments on national banks.1 Under this authority, the OCC collects semiannual assessments from national banks in accordance with part 8 of our regulations and with the OCC’s Notice of the Comptroller of the Currency Fees (Notice of Fees).2 Part 8 currently establishes ten categories, or brackets, each of which 1 12 U.S.C. 482. part 8, the OCC also collects assessments from Federal branches and Federal agencies. The changes provided for in this interim rule will also apply to assessments of Federal branches and Federal agencies. 2 Under E:\FR\FM\19FER1.SGM 19FER1 Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Rules and Regulations comprises a range of size values for a national bank’s total assets. Each national bank’s assessment is the sum of a base amount, which is the same for every national bank in that asset-size bracket, plus a marginal amount, which is computed by applying a marginal assessment rate to the amount of total assets in excess of the lower boundary of the asset-size bracket.3 The marginal assessment rate declines as asset size increases, reflecting economies of scale in bank examination and supervision, which factor into the OCC’s overall cost of operations. Both the base amounts and the marginal rates applicable to each asset-size bracket are published at least once a year in the OCC’s Notice of Fees.4 The current asset-size brackets, which were adopted in 19925 no longer reflect the structure and distribution of assets in the national banking system as a whole. For example, since 1992, there has been a significant increase not only in the amount of assets held by the largest banks, but also in the assets held by national banks in other asset-size brackets, resulting in a general upward shift in the distribution of the population of national banks on the asset-size bracket table in 12 CFR 8.2(a). The growth in the average assets held by national banks reflect the consolidation in the banking industry that has occurred since 1992. Given these developments, the existing asset-size brackets do not reflect the structure of the national banking system. Updating the asset-size brackets therefore enables the OCC to adjust the assessment framework to better reflect industry structure and the OCC’s corresponding expenses of operations. Description of the Interim Rule rwilkins on PROD1PC63 with RULES For these reasons, the interim rule expands the number of asset-size assessment brackets in the table at 12 CFR 8.2(a) by revising the current top bracket, presently $40 billion and above, to cover banks with assets between $40 billion and $250 billion. In addition, the interim rule creates a new top bracket that will apply to banks with assets in excess of $250 billion. The OCC also is making a conforming change to delete the word ‘‘ten’’ from the description of the asset-size brackets 3 See 12 CFR 8.2(a) (listing the asset-size brackets). 4 See, e.g., OCC Bulletin 2007–46, ‘‘Notice of the Comptroller of the Currency Fees for Year 2008’’ (December 1, 2007). The OCC’s regulations provide for the annual publication of the Notice of Fees and also authorize the publication of interim, or amended, notices of fees ‘‘from time to time throughout the year as necessary.’’ 12 CFR 8.8. 5 57 FR 22413 (May 28, 1992). VerDate Aug<31>2005 16:30 Feb 15, 2008 Jkt 214001 in § 8.2(a)(1) of the assessment rules since it no longer accurately describes the number of brackets. Effective Date; Solicitation of Comments This interim rule will become effective immediately upon publication in the Federal Register. Pursuant to the Administrative Procedure Act, at 5 U.S.C. 553(b)(B), notice and an opportunity for public comment are not required prior to the issuance of a final rule if an agency, for good cause, finds that ‘‘notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.’’ 6 Similarly, there is good cause to publish a rule with an immediate effective date if the rule ‘‘grants or recognizes an exemption or relieves a restriction.’’ 5 U.S.C. 553(d)(1) 553(d)(3). As we have described, the asset brackets in the assessments table in 12 CFR 8.2(a), which were last revised in 1992, do not reflect the structure of the national banking industry, and therefore the framework for assessing national banks for the expenses of OCC’s operations is no longer current. Completion of notice and comment rulemaking procedures prior to issuing this interim rule would require delaying implementation of the new asset brackets beyond the next scheduled assessment date, which is March 31, 2008. Such a delay is inconsistent with the public interest since it would result in national banks’ continued payment of assessments under a framework that the OCC has determined is no longer representative of current industry structure and the OCC’s corresponding expenses of operation. Issuance of this interim rule furthers the public interest and reduces regulatory burden because it will allow the OCC, as appropriate, to issue an amended Notice of Fees that better reflects the structure of the national banking system and allocates the OCC’s expenses of operation on that basis. For the same reasons, the OCC finds good cause to publish this rule with an immediate effective date. See 5 U.S.C. 553(d)(1), 553(d)(3). Although notice and comment are not required prior to the effective date of this rule, the OCC invites comments on all aspects of this interim rule and intends to revise the interim rule if necessary or appropriate in light of the comments received. Solicitation of Comments on Use of Plain Language The OCC also requests comment on whether the interim rule is written clearly and is easy to understand. On June 1, 1998, the President issued a memorandum directing each agency in the Executive branch to write its rules in plain language. This directive applies to all new proposed and interim rulemaking documents issued on or after January 1, 1999. In addition, Public Law 106–102 requires each Federal agency to use plain language in all proposed and interim rules published after January 1, 2000. The OCC invites comments on how to make this rule clearer. For example, you may wish to discuss: (1) Whether we have organized the material to suit your needs; (2) Whether the requirements of the rule are clear; or (3) Whether there is something else we could do to make the rule easier to understand. Regulatory Flexibility Act Analysis The Regulatory Flexibility Act (Pub. L. 96–354, Sept. 19, 1980) (RFA) applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b).7 Because the OCC has determined for good cause that the Administrative Procedure Act does not require public notice and comment on this interim rule, we are not publishing a general notice of proposed rulemaking. Thus, the RFA does not apply to this interim rule. Executive Order 12866 The OCC has determined that this interim rule is not a significant regulatory action under Executive Order 12866. Unfunded Mandates Reform Act of 1995 Determinations Section 202 of the Unfunded Mandates Reform Act of 1995 8 (Unfunded Mandates Act) requires that an agency prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires the agency to identify and consider a reasonable number of regulatory alternatives before promulgating the rule. The OCC has determined that this interim rule will not result in expenditures by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. 75 65 PO 00000 U.S.C. 553(b)(B). Frm 00019 Fmt 4700 82 Sfmt 4700 9013 U.S.C. 601(2). U.S.C. 1532. E:\FR\FM\19FER1.SGM 19FER1 9014 Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Rules and Regulations Accordingly, the OCC has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR Part 1320 Appendix A.1), we have reviewed the interim rule to assess any information collections. There are no collections of information as defined by the Paperwork Reduction Act in the interim rule. Lists of Subjects in 12 CFR Part 8 Assessment of fees. Authority and Issuance § 8.2 For the reasons set forth in the preamble, part 8 of chapter I of title 12 of the Code of Federal Regulations is amended as follows: (a) Each national bank shall pay to the Comptroller of the Currency a semiannual assessment fee, due by March 31 and September 30 of each year, for the six month period beginning on January 1 and July 1 before each payment date. The Comptroller of the Currency will calculate the amount due under this section and provide a notice of assessments to each national bank no later than 7 business days prior to March 31 and September 30 of each year. The semiannual assessment will be calculated as follows: I PART 8—ASSESSMENT OF FEES 1. The authority citation for part 8 continues to read as follows: I Authority: 12 U.S.C. 93a, 481, 482, 1867, 3102, and 3108; and 15 U.S.C. 78c and 78l. 2. Section 8.2 is amended by: a. Revising paragraph (a) introductory text, including the table; and I b. Removing the word ‘‘ten’’ in paragraph (a)(1) in the first sentence, to read as follows: I I If the bank’s total assets (consolidated domestic and foreign subsidiaries) are: Semiannual assessment. The semiannual assessment is: Over— But not over— This amount—base amount Plus marginal rates Of excess over— Column A Million Column B Million Column E Column C Column D Million $0 2 20 100 200 1,000 2,000 6,000 20,000 40,000 250,000 * * * * $2 20 100 200 1,000 2,000 6,000 20,000 40,000 250,000 ........................................... * Dated: February 11, 2008. John C. Dugan, Comptroller of the Currency. [FR Doc. E8–3004 Filed 2–15–08; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. 384; Notice No. 25–370–SC] Special Conditions: Boeing Model 787 Series Airplanes; Seats With NonTraditional, Large, Non-Metallic Panels Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. AGENCY: These special conditions are for Boeing Model 787 series airplanes. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash rwilkins on PROD1PC63 with RULES SUMMARY: VerDate Aug<31>2005 16:30 Feb 15, 2008 Jkt 214001 $X1 X2 X3 X4 X5 X6 X7 X8 X9 X10 X11 fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is March 20, 2008. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe/Cabin Safety Branch, ANM–115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2195; facsimile (425) 227–1232; electronic mail alan.sinclair@faa.gov. SUPPLEMENTARY INFORMATION: Change to Special Condition Number 4 The FAA previously notified the public of our intent to issue special conditions for seats with nontraditional, large, non-metallic panels on various airplane makes and models. Notice of Proposed Special Conditions No. 25–06–13–C, applicable to Boeing PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 0 Y1 Y2 Y3 Y4 Y5 Y6 Y7 Y8 Y9 Y10 $2 20 100 200 1,000 2,000 6,000 20,000 40,000 250,000 Model 737 series airplanes, was published in the Federal Register on November 9, 2006 (71 FR 65761). The special conditions were issued on June 29, 2007 (Docket No. NM 359, Special Conditions No. 25–358–SC), published in the Federal Register on July 10, 2007 (72 FR 37425), and became effective on August 9, 2007. Both the Notice and the Final Special Conditions contained these words: We anticipate that seats with nontraditional, large, non-metallic panels will be installed in other makes and models of airplanes. We have made the determination to require special conditions for all applications requesting the installation of seats with non-traditional, large, non-metallic panels until the airworthiness requirements can be revised to address this issue. Having the same standards across the range of airplane makes and models will ensure a level playing field for the aviation industry. Special condition number 4 in the 737 special conditions limits the applicability of the special conditions to new seat certification programs applied for after the effective date of the special conditions. In these special conditions the FAA changed the applicability to E:\FR\FM\19FER1.SGM 19FER1

Agencies

[Federal Register Volume 73, Number 33 (Tuesday, February 19, 2008)]
[Rules and Regulations]
[Pages 9012-9014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3004]

=======================================================================
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DEPARTMENT OF THE TREASURY

Comptroller of the Currency

12 CFR Part 8

[Docket No. OCC-2008-0001]
RIN 1557-AD06

Assessment of Fees

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Interim final rule with request for comment.

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

SUMMARY: The Office of the Comptroller of the Currency (OCC) is
amending its assessment regulation to add two new asset-size categories
to the table in 12 CFR 8.2(a) used to calculate each national bank's
semiannual assessment. The addition of these categories is warranted to
take account of significant structural changes in the national banking
system since 1992, when the table was last revised, and will enable the
OCC to realign our assessments to better reflect industry structure and
OCC's corresponding expenses of operations. The OCC is issuing this
rule as an interim rule with a request for comment so that such a
realignment can occur promptly.

DATES: Effective Date: This rule is effective on February 19, 2008.
Comment Date: Comments must be received by March 20, 2008.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC
is subject to delay, commenters are encouraged to submit comments by e-
mail, if possible. Please use the title ``Assessment of Fees'' to
facilitate the organization and distribution of the comments. You may
submit comments by any of the following methods:
Federal eRulemaking Portal--``Regulations.gov'': Go to
https://www.regulations.gov, under the ``More Search Options'' tab click
next to the ``Advanced Docket Search'' option where indicated, select
``Comptroller of the Currency'' from the agency drop-down menu, then
click ``Submit.'' In the ``Docket ID'' column, select ``OCC-2008-0001''
to submit or view public comments and to view supporting and related
materials for this interim final rule. The ``How to Use This Site''
link on the Regulations.gov home page provides information on using
Regulations.gov, including instructions for submitting or viewing
public comments, viewing other supporting and related materials, and
viewing the docket after the close of the comment period.
E-mail: regs.comments@occ.treas.gov.
Mail: Office of the Comptroller of the Currency, 250 E
Street, SW., Mail Stop 1-5, Washington, DC 20219.
Fax: (202) 874-4448.
Hand Delivery/Courier: 250 E Street, SW., Attn: Public
Information Room, Mail Stop 1-5, Washington, DC 20219.
Instructions: You must include ``OCC'' as the agency name and
``Docket Number OCC-2008-0001'' in your comment. In general, OCC will
enter all comments received into the docket and publish them on the
Regulations.gov Web site without change, including any business or
personal information that you provide such as name and address
information, e-mail addresses, or phone numbers. Comments received,
including attachments and other supporting materials, are part of the
public record and subject to public disclosure. Do not enclose any
information in your comment or supporting materials that you consider
confidential or inappropriate for public disclosure.
You may review comments and other related materials that pertain to
this interim final rule by any of the following methods:
Viewing Comments Electronically: Go to https://
www.regulations.gov, under the ``More Search Options'' tab click next
to the ``Advanced Document Search'' option where indicated, select
``Comptroller of the Currency'' from the agency drop-down menu, then
click ``Submit.'' In the ``Docket ID'' column, select ``OCC-2008-0001''
to view public comments for this rulemaking action.
Viewing Comments Personally: You may personally inspect
and photocopy comments at the OCC's Public Information Room, 250 E
Street, SW., Washington, DC. For security reasons, the OCC requires
that visitors make an appointment to inspect comments. You may do so by
calling (202) 874-5043. Upon arrival, visitors will be required to
present valid government-issued photo identification and submit to
security screening in order to inspect and photocopy comments.
Docket: You may also view or request available background
documents and project summaries using the methods described above.

FOR FURTHER INFORMATION CONTACT: Mitchell Plave, Counsel, Legislative
and Regulatory Activities Division, (202) 874-5090; Stuart Feldstein,
Assistant Director, Legislative and Regulatory Activities Division,
(202) 874-5090; or Colette Baylson, Accounting Operations Manager,
Financial Management, (202) 874-4403, Office of the Comptroller of the
Currency, 250 E Street, SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION:

Background

The National Bank Act authorizes the OCC to fund the expenses of
its operations through assessments on national banks.\1\ Under this
authority, the OCC collects semiannual assessments from national banks
in accordance with part 8 of our regulations and with the OCC's Notice
of the Comptroller of the Currency Fees (Notice of Fees).\2\
Part 8 currently establishes ten categories, or brackets, each of
which

[[Page 9013]]

comprises a range of size values for a national bank's total assets.
Each national bank's assessment is the sum of a base amount, which is
the same for every national bank in that asset-size bracket, plus a
marginal amount, which is computed by applying a marginal assessment
rate to the amount of total assets in excess of the lower boundary of
the asset-size bracket.\3\ The marginal assessment rate declines as
asset size increases, reflecting economies of scale in bank examination
and supervision, which factor into the OCC's overall cost of
operations. Both the base amounts and the marginal rates applicable to
each asset-size bracket are published at least once a year in the OCC's
Notice of Fees.\4\
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\1\ 12 U.S.C. 482.
\2\ Under part 8, the OCC also collects assessments from Federal
branches and Federal agencies. The changes provided for in this
interim rule will also apply to assessments of Federal branches and
Federal agencies.
\3\ See 12 CFR 8.2(a) (listing the asset-size brackets).
\4\ See, e.g., OCC Bulletin 2007-46, ``Notice of the Comptroller
of the Currency Fees for Year 2008'' (December 1, 2007). The OCC's
regulations provide for the annual publication of the Notice of Fees
and also authorize the publication of interim, or amended, notices
of fees ``from time to time throughout the year as necessary.'' 12
CFR 8.8.
---------------------------------------------------------------------------

The current asset-size brackets, which were adopted in 1992\5\ no
longer reflect the structure and distribution of assets in the national
banking system as a whole. For example, since 1992, there has been a
significant increase not only in the amount of assets held by the
largest banks, but also in the assets held by national banks in other
asset-size brackets, resulting in a general upward shift in the
distribution of the population of national banks on the asset-size
bracket table in 12 CFR 8.2(a). The growth in the average assets held
by national banks reflect the consolidation in the banking industry
that has occurred since 1992.
---------------------------------------------------------------------------

\5\ 57 FR 22413 (May 28, 1992).
---------------------------------------------------------------------------

Given these developments, the existing asset-size brackets do not
reflect the structure of the national banking system. Updating the
asset-size brackets therefore enables the OCC to adjust the assessment
framework to better reflect industry structure and the OCC's
corresponding expenses of operations.

Description of the Interim Rule

For these reasons, the interim rule expands the number of asset-
size assessment brackets in the table at 12 CFR 8.2(a) by revising the
current top bracket, presently $40 billion and above, to cover banks
with assets between $40 billion and $250 billion. In addition, the
interim rule creates a new top bracket that will apply to banks with
assets in excess of $250 billion.
The OCC also is making a conforming change to delete the word
``ten'' from the description of the asset-size brackets in Sec.
8.2(a)(1) of the assessment rules since it no longer accurately
describes the number of brackets.

Effective Date; Solicitation of Comments

This interim rule will become effective immediately upon
publication in the Federal Register. Pursuant to the Administrative
Procedure Act, at 5 U.S.C. 553(b)(B), notice and an opportunity for
public comment are not required prior to the issuance of a final rule
if an agency, for good cause, finds that ``notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' \6\ Similarly, there is good cause to publish a rule with
an immediate effective date if the rule ``grants or recognizes an
exemption or relieves a restriction.'' 5 U.S.C. 553(d)(1) 553(d)(3).
---------------------------------------------------------------------------

\6\ 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------

As we have described, the asset brackets in the assessments table
in 12 CFR 8.2(a), which were last revised in 1992, do not reflect the
structure of the national banking industry, and therefore the framework
for assessing national banks for the expenses of OCC's operations is no
longer current. Completion of notice and comment rulemaking procedures
prior to issuing this interim rule would require delaying
implementation of the new asset brackets beyond the next scheduled
assessment date, which is March 31, 2008. Such a delay is inconsistent
with the public interest since it would result in national banks'
continued payment of assessments under a framework that the OCC has
determined is no longer representative of current industry structure
and the OCC's corresponding expenses of operation. Issuance of this
interim rule furthers the public interest and reduces regulatory burden
because it will allow the OCC, as appropriate, to issue an amended
Notice of Fees that better reflects the structure of the national
banking system and allocates the OCC's expenses of operation on that
basis. For the same reasons, the OCC finds good cause to publish this
rule with an immediate effective date. See 5 U.S.C. 553(d)(1),
553(d)(3).
Although notice and comment are not required prior to the effective
date of this rule, the OCC invites comments on all aspects of this
interim rule and intends to revise the interim rule if necessary or
appropriate in light of the comments received.

Solicitation of Comments on Use of Plain Language

The OCC also requests comment on whether the interim rule is
written clearly and is easy to understand. On June 1, 1998, the
President issued a memorandum directing each agency in the Executive
branch to write its rules in plain language. This directive applies to
all new proposed and interim rulemaking documents issued on or after
January 1, 1999. In addition, Public Law 106-102 requires each Federal
agency to use plain language in all proposed and interim rules
published after January 1, 2000. The OCC invites comments on how to
make this rule clearer. For example, you may wish to discuss:
(1) Whether we have organized the material to suit your needs;
(2) Whether the requirements of the rule are clear; or
(3) Whether there is something else we could do to make the rule
easier to understand.

Regulatory Flexibility Act Analysis

The Regulatory Flexibility Act (Pub. L. 96-354, Sept. 19, 1980)
(RFA) applies only to rules for which an agency publishes a general
notice of proposed rulemaking pursuant to 5 U.S.C. 553(b).\7\ Because
the OCC has determined for good cause that the Administrative Procedure
Act does not require public notice and comment on this interim rule, we
are not publishing a general notice of proposed rulemaking. Thus, the
RFA does not apply to this interim rule.
---------------------------------------------------------------------------

\7\ 5 U.S.C. 601(2).
---------------------------------------------------------------------------

Executive Order 12866

The OCC has determined that this interim rule is not a significant
regulatory action under Executive Order 12866.

Unfunded Mandates Reform Act of 1995 Determinations

Section 202 of the Unfunded Mandates Reform Act of 1995 \8\
(Unfunded Mandates Act) requires that an agency prepare a budgetary
impact statement before promulgating any rule likely to result in a
Federal mandate that may result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year. If a budgetary impact statement is
required, section 205 of the Unfunded Mandates Act also requires the
agency to identify and consider a reasonable number of regulatory
alternatives before promulgating the rule. The OCC has determined that
this interim rule will not result in expenditures by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year.

[[Page 9014]]

Accordingly, the OCC has not prepared a budgetary impact statement or
specifically addressed the regulatory alternatives considered.
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\8\ 2 U.S.C. 1532.
---------------------------------------------------------------------------

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3506; 5 CFR Part 1320 Appendix A.1), we have reviewed the interim rule
to assess any information collections. There are no collections of
information as defined by the Paperwork Reduction Act in the interim
rule.

Lists of Subjects in 12 CFR Part 8

Assessment of fees.

Authority and Issuance

0
For the reasons set forth in the preamble, part 8 of chapter I of title
12 of the Code of Federal Regulations is amended as follows:

PART 8--ASSESSMENT OF FEES

0
1. The authority citation for part 8 continues to read as follows:

Authority: 12 U.S.C. 93a, 481, 482, 1867, 3102, and 3108; and 15
U.S.C. 78c and 78l.

0
2. Section 8.2 is amended by:
0
a. Revising paragraph (a) introductory text, including the table; and
0
b. Removing the word ``ten'' in paragraph (a)(1) in the first sentence,
to read as follows:

Sec. 8.2 Semiannual assessment.

(a) Each national bank shall pay to the Comptroller of the Currency
a semiannual assessment fee, due by March 31 and September 30 of each
year, for the six month period beginning on January 1 and July 1 before
each payment date. The Comptroller of the Currency will calculate the
amount due under this section and provide a notice of assessments to
each national bank no later than 7 business days prior to March 31 and
September 30 of each year. The semiannual assessment will be calculated
as follows:

----------------------------------------------------------------------------------------------------------------
If the bank's total assets (consolidated The semiannual assessment is:
domestic and foreign subsidiaries) are: -------------------------------------------------------------------
--------------------------------------------- This amount--base
Over-- But not over-- amount Plus marginal rates Of excess over--
----------------------------------------------------------------------------------------------------------------
Column A Column B Column E Column C Column D
Million Million ..................... ..................... Million
----------------------------------------------------------------------------------------------------------------
$0 $2 $X1 0
2 20 X2 Y1 $2
20 100 X3 Y2 20
100 200 X4 Y3 100
200 1,000 X5 Y4 200
1,000 2,000 X6 Y5 1,000
2,000 6,000 X7 Y6 2,000
6,000 20,000 X8 Y7 6,000
20,000 40,000 X9 Y8 20,000
40,000 250,000 X10 Y9 40,000
250,000 ..................... X11 Y10 250,000
----------------------------------------------------------------------------------------------------------------

* * * * *

Dated: February 11, 2008.
John C. Dugan,
Comptroller of the Currency.
[FR Doc. E8-3004 Filed 2-15-08; 8:45 am]
BILLING CODE 4810-33-P

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