Interest on Deposits; Deposit Insurance Coverage, 21265-21266 [2011-9210]
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Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Proposed Rules
e. Using additional risk information,
including qualitative information, to
determine the magnitude of adjustment
to an institution’s total score that would
be necessary to bring its total score into
better alignment with institutions with
similar risk profiles.
2. Are there additional guidelines that
should govern the analytical process to
ensure fairness and consistency in
deposit insurance pricing
determinations?
3. What qualitative information
should the FDIC use to best evaluate
loss severity?
4. Are the proposed guidelines for
controlling the assessment rate
adjustment process sufficient to ensure
that adjustment decisions are justified,
fully supported, and take into account
the views of the primary Federal
regulator and the institution?
jlentini on DSKJ8SOYB1PROD with PROPOSALS
VI. Paperwork Reduction Act
A. Request for Comment on Proposed
Information Collection
In accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.)
the FDIC may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. The collection of information
contained in this proposed rule is being
submitted to OMB for review.
Interested parties may submit written
comments to the FDIC concerning the
Paperwork Reduction Act (PRA)
implications of this proposal.
Commenters should refer to ‘‘PRA
Comments—Adjustment Guidelines’’ in
the subject line. Comments may be
submitted by any of the following
methods:
• Agency Web site: https://
www.fdic.gov/regulations/laws/federal/
propose.html. Follow instructions for
submitting comments on the Agency
Web site.
• E-mail: Comments@FDIC.gov.
Include ‘‘PRA Comments—Adjustment
Guidelines, 3064–ADXX’’ in the subject
line of the message.
• Mail: Gary A. Kuiper, Counsel, F–
1086, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
• Hand Delivery/Courier: Guard
station at the rear of the 550 17th Street
Building (located on F Street) on
business days between 7 a.m. and 5 p.m.
A copy of the comments may also be
submitted to the OMB desk officer for
the FDIC, Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Washington,
DC 20503.
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16:22 Apr 14, 2011
Jkt 223001
Comment is solicited on:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(3) The quality, utility, and clarity of
the information to be collected;
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology;
e.g., permitting electronic submission of
responses; and
(5) Estimates of capital or start-up
costs and costs of operation,
maintenance, and purchases of services
to provide information.
B. Proposed Information Collection
An information collection would
occur when a large or highly complex
insured depository institution makes a
written request that the FDIC make an
adjustment to its total score. An
institution’s request for adjustment
would be considered only if it is
supported by evidence of a material risk
or risk-mitigating factor that is not
adequately accounted for in the
scorecard.
Respondents: Large and Highly
Complex insured depository
institutions.
Number of responses: 0–11 per year.
Frequency of response: Occasional.
Average number of hours to prepare
a response: 8 hours.
Total annual burden: 0–88 hours.
Dated at Washington, DC, this 12th day of
April 2011.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011–9209 Filed 4–14–11; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Parts 329 and 330
RIN 3064–AD78
Interest on Deposits; Deposit
Insurance Coverage
Federal Deposit Insurance
Corporation (FDIC).
Notice of proposed rulemaking
(NPR) and request for comment.
ACTION:
Effective July 21, 2011, the
statutory prohibition against the
payment of interest on demand deposits
will be repealed pursuant to the DoddFrank Wall Street Reform and Consumer
Protection Act (the DFA).1 In light of
this, the FDIC proposes to rescind
regulations that have implemented this
prohibition with respect to statechartered nonmember (SNM) banks.
Because the regulations include a
definition of ‘‘interest’’ that may assist
the FDIC in interpreting a recent
statutory amendment that provides
temporary, unlimited deposit insurance
coverage for noninterest-bearing
transaction accounts, the FDIC also
proposes to retain and move the
definition of ‘‘interest’’ into the deposit
insurance regulations.
DATES: Comments must be received on
or before May 16, 2011.
ADDRESSES: You may submit comments
on the notice of proposed rulemaking,
identified by RIN number and the words
‘‘Interest on Deposits; Deposit Insurance
Coverage NPRM,’’ by any of the
following methods:
• Agency Web site: https://
www.fdic.gov/regulations/laws/federal/
propose.html. Follow the instructions
for submitting comments on the Agency
Web site.
• E-mail: Comments@fdic.gov.
Include the RIN number in the subject
line of the message.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
• Hand Delivery: Guard station at the
rear of the 550 17th Street Building
(located on F Street) on business days
between 7 a.m. and 5 p.m.
• Instructions: All submissions
received must include the agency name
and RIN for this rulemaking.
• Public Inspection: All comments
received will be posted without change
to https://www.fdic.gov/regulations/laws/
federal/propose.html including any
personal information provided. Paper
copies of public comments may be
ordered from the Public Information
Center by telephone at 1–877–275–3342
or 703–562–2200.
FOR FURTHER INFORMATION CONTACT:
Martin Becker, Senior Consumer Affairs
Specialist, Division of Consumer and
Depositor Protection (703) 254–2233,
Mark Mellon, Counsel, Legal Division,
(202) 898–3884, Federal Deposit
Insurance Corporation, 550 17th Street,
NW., Washington, DC 20429.
SUMMARY:
AGENCY:
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
21265
1 Public
E:\FR\FM\15APP1.SGM
Law 111–203, 124 Stat. 1376.
15APP1
21266
Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Proposed Rules
SUPPLEMENTARY INFORMATION:
I. Background
Section 343 of the DFA amended
section 11(a)(1) of the Federal Deposit
Insurance Act, 12 U.S.C. 1821(a)(1), to
provide full insurance coverage for
depository institution noninterestbearing transaction accounts from
December 31, 2010, through December
31, 2012. Section 627 of the DFA
repealed the statutory prohibition
against the payment of interest on
demand deposits, effective one year
from the date of the DFA’s enactment,
July 21, 2011.
In light of the prospective repeal of
the demand deposit interest prohibition,
the FDIC proposes to rescind 12 CFR
Part 329, the regulation which
implements that prohibition with
respect to SNM banks, to be effective on
the same date as the statutory repeal,
July 21, 2011. At the same time,
however, a regulatory definition of the
term ‘‘interest’’ will still be useful in
interpreting the requirements of section
343 of the DFA providing temporary,
unlimited deposit insurance coverage
for noninterest-bearing transaction
accounts. For this reason, the FDIC
proposes, as part of this same
rulemaking, to transfer the definition of
‘‘interest’’ currently found at 12 CFR
329.1(c) to Part 330, specifically the
definitions section at 12 CFR 330.1. The
FDIC also specifically solicits comment
on whether other parts of Part 329 could
also prove useful and therefore should
be moved into Part 330 as well. For
example, section 329.103 provides an
interpretive rule that defines what
constitutes a ‘‘premium’’ which may
prove useful in determining whether an
account qualifies as a noninterestbearing transaction account. The FDIC
seeks comment on every aspect of this
proposed rule.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
II. Regulatory Analysis and Procedure
A. Solicitation of Comments on Use of
Plain Language
Section 722 of the Gramm-LeachBliley Act, 1471 (Nov. 12, 1999),
requires the Federal banking agencies to
use plain language in all proposed and
final rules published after January 1,
2000. We invite your comments on how
to make this proposal easier to
understand. For example:
• Have we organized the material to
suit your needs? If not, how could this
material be better organized?
• Are the requirements in the
proposed regulation clearly stated? If
not, how could the regulation be more
clearly stated?
• Does the proposed regulation
contain language or jargon that is not
VerDate Mar<15>2010
16:22 Apr 14, 2011
Jkt 223001
clear? If so, which language requires
clarification?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the regulation
easier to understand? If so, what
changes to the format would make the
regulation easier to understand?
• What else could we do to make the
regulation easier to understand?
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires that each federal agency either
certify that a proposed rule would not,
if adopted in final form, have a
significant economic impact on a
substantial number of small entities or
prepare an initial regulatory flexibility
analysis of the rule and publish the
analysis for comment. For purposes of
the RFA analysis or certification,
financial institutions with total assets of
$175 million or less are considered to be
‘‘small entities.’’ The FDIC hereby
certifies pursuant to 5 U.S.C. 605(b) that
the NPR, if adopted, will not have a
significant economic impact on a
substantial number of small entities.
This is because the FDIC already applies
the Part 329 definition of ‘‘interest’’ for
purposes of determining whether an
account qualifies for full deposit
insurance coverage as a noninterestbearing transaction account. The FDIC is
only proposing to transfer the definition
from Part 329 to Part 330 because the
former regulation will become moot on
July 21, 2011, pursuant to section 627 of
the DFA and its repeal of the statutory
ban on the payment of interest on
demand deposits. There will therefore
be no significant economic impact on a
substantial number of small entities as
a result of this change.
C. Paperwork Reduction Act
No collections of information
pursuant to the Paperwork Reduction
Act (44 U.S.C. Ch. 3501 et seq.) are
contained in the proposed rule.
D. The Treasury and General
Government Appropriations Act, 1999—
Assessment of Federal Regulations and
Policies on Families
The FDIC has determined that the
proposed rule will not affect family
well-being within the meaning of
section 654 of the Treasury and General
Government Appropriations Act,
enacted as part of the Omnibus
Consolidated and Emergency
Supplemental Appropriations Act of
1999 ().
List of Subjects
12 CFR Part 329
Banks, banking, interest rates.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
12 CFR Part 330
Bank deposit insurance, Banks,
Banking, Reporting and recordkeeping
requirements, Savings and loan
associations, Trusts and trustees.
For the reasons set forth in the
preamble, and under the authority of 12
U.S.C. 1813, the FDIC proposes to
amend chapter III of title 12 of the Code
of Federal Regulations as follows:
PART 329—[REMOVED]
1. Part 329 is removed and reserved.
PART 330—DEPOSIT INSURANCE
COVERAGE
2. The authority for part 330
continues to read as follows: 12 U.S.C.
1813(l), 1813(m), 1817(i), 1818(q),
1819(Tenth), 1820(f), 1821(a), 1822(c).
3. In § 330.1, paragraphs (k) through
(r) are redesignated as paragraphs (l)
through (s), respectively, and new
paragraph (k) is added to read as
follows:
§ 330.1
Definitions.
*
*
*
*
*
(k) Interest, with respect to a deposit,
means any payment to or for the
account of any depositor as
compensation for the use of funds
constituting a deposit. A bank’s
absorption of expenses incident to
providing a normal banking function or
its forbearance from charging a fee in
connection with such a service is not
considered a payment of interest.
*
*
*
*
*
By order of the Board of Directors.
Dated at Washington, DC, this 12th day of
April 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011–9210 Filed 4–14–11; 8:45 am]
BILLING CODE 6714–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2011–0070; Airspace
Docket No. 10–ASO–43]
Proposed Amendment of Class E
Airspace; Cocoa, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
amend Class E Airspace at Cocoa, FL, as
SUMMARY:
E:\FR\FM\15APP1.SGM
15APP1
Agencies
[Federal Register Volume 76, Number 73 (Friday, April 15, 2011)]
[Proposed Rules]
[Pages 21265-21266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9210]
-----------------------------------------------------------------------
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Parts 329 and 330
RIN 3064-AD78
Interest on Deposits; Deposit Insurance Coverage
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Notice of proposed rulemaking (NPR) and request for comment.
-----------------------------------------------------------------------
SUMMARY: Effective July 21, 2011, the statutory prohibition against the
payment of interest on demand deposits will be repealed pursuant to the
Dodd-Frank Wall Street Reform and Consumer Protection Act (the DFA).\1\
In light of this, the FDIC proposes to rescind regulations that have
implemented this prohibition with respect to state-chartered nonmember
(SNM) banks. Because the regulations include a definition of
``interest'' that may assist the FDIC in interpreting a recent
statutory amendment that provides temporary, unlimited deposit
insurance coverage for noninterest-bearing transaction accounts, the
FDIC also proposes to retain and move the definition of ``interest''
into the deposit insurance regulations.
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376.
---------------------------------------------------------------------------
DATES: Comments must be received on or before May 16, 2011.
ADDRESSES: You may submit comments on the notice of proposed
rulemaking, identified by RIN number and the words ``Interest on
Deposits; Deposit Insurance Coverage NPRM,'' by any of the following
methods:
Agency Web site: https://www.fdic.gov/regulations/laws/federal/propose.html. Follow the instructions for submitting comments
on the Agency Web site.
E-mail: Comments@fdic.gov. Include the RIN number in the
subject line of the message.
Mail: Robert E. Feldman, Executive Secretary, Attention:
Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.
Hand Delivery: Guard station at the rear of the 550 17th
Street Building (located on F Street) on business days between 7 a.m.
and 5 p.m.
Instructions: All submissions received must include the
agency name and RIN for this rulemaking.
Public Inspection: All comments received will be posted
without change to https://www.fdic.gov/regulations/laws/federal/propose.html including any personal information provided. Paper copies
of public comments may be ordered from the Public Information Center by
telephone at 1-877-275-3342 or 703-562-2200.
FOR FURTHER INFORMATION CONTACT: Martin Becker, Senior Consumer Affairs
Specialist, Division of Consumer and Depositor Protection (703) 254-
2233, Mark Mellon, Counsel, Legal Division, (202) 898-3884, Federal
Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC
20429.
[[Page 21266]]
SUPPLEMENTARY INFORMATION:
I. Background
Section 343 of the DFA amended section 11(a)(1) of the Federal
Deposit Insurance Act, 12 U.S.C. 1821(a)(1), to provide full insurance
coverage for depository institution noninterest-bearing transaction
accounts from December 31, 2010, through December 31, 2012. Section 627
of the DFA repealed the statutory prohibition against the payment of
interest on demand deposits, effective one year from the date of the
DFA's enactment, July 21, 2011.
In light of the prospective repeal of the demand deposit interest
prohibition, the FDIC proposes to rescind 12 CFR Part 329, the
regulation which implements that prohibition with respect to SNM banks,
to be effective on the same date as the statutory repeal, July 21,
2011. At the same time, however, a regulatory definition of the term
``interest'' will still be useful in interpreting the requirements of
section 343 of the DFA providing temporary, unlimited deposit insurance
coverage for noninterest-bearing transaction accounts. For this reason,
the FDIC proposes, as part of this same rulemaking, to transfer the
definition of ``interest'' currently found at 12 CFR 329.1(c) to Part
330, specifically the definitions section at 12 CFR 330.1. The FDIC
also specifically solicits comment on whether other parts of Part 329
could also prove useful and therefore should be moved into Part 330 as
well. For example, section 329.103 provides an interpretive rule that
defines what constitutes a ``premium'' which may prove useful in
determining whether an account qualifies as a noninterest-bearing
transaction account. The FDIC seeks comment on every aspect of this
proposed rule.
II. Regulatory Analysis and Procedure
A. Solicitation of Comments on Use of Plain Language
Section 722 of the Gramm-Leach-Bliley Act, 1471 (Nov. 12, 1999),
requires the Federal banking agencies to use plain language in all
proposed and final rules published after January 1, 2000. We invite
your comments on how to make this proposal easier to understand. For
example:
Have we organized the material to suit your needs? If not,
how could this material be better organized?
Are the requirements in the proposed regulation clearly
stated? If not, how could the regulation be more clearly stated?
Does the proposed regulation contain language or jargon
that is not clear? If so, which language requires clarification?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the regulation easier to
understand? If so, what changes to the format would make the regulation
easier to understand?
What else could we do to make the regulation easier to
understand?
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires that each federal
agency either certify that a proposed rule would not, if adopted in
final form, have a significant economic impact on a substantial number
of small entities or prepare an initial regulatory flexibility analysis
of the rule and publish the analysis for comment. For purposes of the
RFA analysis or certification, financial institutions with total assets
of $175 million or less are considered to be ``small entities.'' The
FDIC hereby certifies pursuant to 5 U.S.C. 605(b) that the NPR, if
adopted, will not have a significant economic impact on a substantial
number of small entities. This is because the FDIC already applies the
Part 329 definition of ``interest'' for purposes of determining whether
an account qualifies for full deposit insurance coverage as a
noninterest-bearing transaction account. The FDIC is only proposing to
transfer the definition from Part 329 to Part 330 because the former
regulation will become moot on July 21, 2011, pursuant to section 627
of the DFA and its repeal of the statutory ban on the payment of
interest on demand deposits. There will therefore be no significant
economic impact on a substantial number of small entities as a result
of this change.
C. Paperwork Reduction Act
No collections of information pursuant to the Paperwork Reduction
Act (44 U.S.C. Ch. 3501 et seq.) are contained in the proposed rule.
D. The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families
The FDIC has determined that the proposed rule will not affect
family well-being within the meaning of section 654 of the Treasury and
General Government Appropriations Act, enacted as part of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999 ().
List of Subjects
12 CFR Part 329
Banks, banking, interest rates.
12 CFR Part 330
Bank deposit insurance, Banks, Banking, Reporting and recordkeeping
requirements, Savings and loan associations, Trusts and trustees.
For the reasons set forth in the preamble, and under the authority
of 12 U.S.C. 1813, the FDIC proposes to amend chapter III of title 12
of the Code of Federal Regulations as follows:
PART 329--[REMOVED]
1. Part 329 is removed and reserved.
PART 330--DEPOSIT INSURANCE COVERAGE
2. The authority for part 330 continues to read as follows: 12
U.S.C. 1813(l), 1813(m), 1817(i), 1818(q), 1819(Tenth), 1820(f),
1821(a), 1822(c).
3. In Sec. 330.1, paragraphs (k) through (r) are redesignated as
paragraphs (l) through (s), respectively, and new paragraph (k) is
added to read as follows:
Sec. 330.1 Definitions.
* * * * *
(k) Interest, with respect to a deposit, means any payment to or
for the account of any depositor as compensation for the use of funds
constituting a deposit. A bank's absorption of expenses incident to
providing a normal banking function or its forbearance from charging a
fee in connection with such a service is not considered a payment of
interest.
* * * * *
By order of the Board of Directors.
Dated at Washington, DC, this 12th day of April 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011-9210 Filed 4-14-11; 8:45 am]
BILLING CODE 6714-01-P